The city shall own and operate a water system serving designated areas within and outside of the corporate limits of the city and may construct new works as may be necessary to supply current and future users, within these areas, an adequate and safe domestic water supply. The city council shall designate the areas which shall receive water service from the city water system.
(Ord. 2016-01 §1)
The management, control and care of the municipal water system shall be vested in the public works director (director) in consultation with the city engineer, under the general direction of the city manager.
(Ord. 05-01 §2; Ord. 2016-01 §1)
The city manager shall be in charge of the collection of all money that may become due the city for water services and shall pay the same into the water fund, as provided for in Section 4.02.010.
(Ord. 05-01 §2)
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Apartment"
shall mean a room, living unit, or suite of rooms which is designed for, intended for, and/or occupied by one family doing cooking therein.
"Business"
shall mean a place wherein persons are engaged in the manufacture, processing, fabricating, servicing, selling, and/or buying for sale or resale of produce, articles, merchandise, or any goods whatsoever; and shall also apply to the rendering of service for compensation, whether as a trade or a profession.
"Church"
shall mean a place of worship, whether as a part of another building or on separate property, and shall not include a parsonage, separate gymnasium, or classroom.
"Commercial service"
shall mean and include any service that is not defined as a residential service or an industrial service.
"Connection charge"
shall mean one or more of the initial charges made at the time of connection to the city water system.
"Construction water"
shall mean and include on-site water taken from fire hydrants and used for dust control or construction purposes. Permission must be granted by the city and fees paid.
"Cut water service"
shall mean and include any service that has been physically disconnected from the city water system.
"Director"
shall mean the public works director or designee.
"Discontinued service"
shall mean and include any service that has been shut off by the city at the city's curb stop or main.
"Dwelling"
shall mean a building designed, occupied, or intended for living purposes and shall include single-family dwellings, buildings containing apartments, and rooming and/or lodging houses.
"Fire hydrant installation"
shall mean the complete installation of a fire hydrant assembly.
"Industrial service"
shall mean and include any service to a substantial industrial user as defined in Section 7.04.015.
"Limited irrigation and sprinkling"
shall mean limited irrigation and sprinkling for landscaping, beautification, small gardening, construction and dust control related to construction, and similar purposes only.
"Living unit"
shall mean and include a dwelling designed for a single family.
"Lot"
or a parcel of land shall mean a parcel of land consisting of one or more contiguous lots of record in one ownership to which service is provided for any purpose.
"Main"
shall mean a water line six inches or larger in diameter and appurtenant valves and fittings providing water to one or more laterals or service connections.
"Meter"
shall mean all of the equipment, electronics and parts needed to complete the installation of a water meter per city specifications including any automatic meter reading (AMR) device.
"Mobile home park"
shall mean any lot or parcel of land where one or more sites are rented or leased or intended to be rented or leased, with or without compensation, to accommodate mobile homes or recreational vehicles.
"New service"
shall mean and include any new water service that is connected to the city water system.
"Pipeline"
shall mean all water mains and services constructed in or under city streets.
"Residence"
shall mean a dwelling designed to be occupied by a single family.
"Residential fire sprinklers"
shall mean a wet pipe sprinkler system only designed for one- and two-family residences and manufactured homes.
"Residential service"
shall mean and include any service that conveys water to a single-family residence.
"Service connection" or "water service connection"
means any tap, pipe, or other means of taking water from the city water distribution system. A service connection occurs at the time that a tap, pipe, or other means of taking water is physically attached to the city water distribution system in a manner capable of taking water from the distribution system.
"Services"
shall mean and include any water line connected to the city water main that conveys water from the city system to private property.
"Water service area"
shall mean the area located within the city limits as such limits now or may from time to time exist, and those areas outside the city limits that have been approved for water service by the city council consistent with applicable water right restrictions.
"Water system" or "system"
shall mean any city owned and operated water system, which includes, but is not limited to, wells, storage tanks, main water lines, fire hydrants, and any and all connections, valves, plumbing, and appurtenances thereto, located within the designated and permitted service area.
(Ord. 2016-01 §1)
Water from the municipal water system shall be delivered to the consumers thereof, both within and without the corporate limits, in accordance with the terms of this chapter. The city shall furnish the service complete from its main to the property line, in case of an alley; to the curb line from a street main when the sidewalk is adjacent to the property line; and to the back of the sidewalk from a street main when the sidewalk is adjacent to the curb line. The owner shall furnish, install and maintain all piping to the city service. Water service once installed will be in the off position.
(Ord. 05-01 §2)
A. 
All service shall be equipped with meters prior to a certificate of occupancy being issued and shall be charged for water on the metered rate as specified in Chapter 4.02.
B. 
The cost of installation of the meter shall be paid by the user of the water.
C. 
The city shall approve the type and installation of all meters.
D. 
The city shall provide and install any meter the city deems necessary with ten days' written notice to the tenant and the owner for any service and may thereafter charge for water at metered rates.
E. 
New water services shall be metered at the time of construction.
F. 
All installed water meters and meter reading equipment shall become the property of the city. The retrofit of existing water services shall be performed by the city at the city's expense.
G. 
The city may install all meters and meter reading equipment at the builder's expense for all new construction.
H. 
If an installed water meter proves to be defective and does not correctly measure the amount of water consumed, the city shall install a new meter, and the water rate for the billing period while the meter was not operating correctly shall be the average water rate for the twelve billing periods previous to the malfunction of the original meter.
I. 
If a meter or appurtenances are damaged by the carelessness or negligence of the owner or occupant of the premises, the city will repair the meter, and the cost of such repairs shall be charged against the owner of the property and, if not paid within thirty days, shall then become a lien against said property.
J. 
The customer receiving city water service shall keep water meters unobstructed and accessible for reading, maintenance and repair, and shall provide the department's employees and/or its contractors access to the premises where the customer receives water service as may be required by the city for such purposes. Compliance with this section shall be a condition of receiving or continuing to receive city water service.
K. 
Any metered customer may request in writing that the meter through which water is being furnished be examined and tested by the city to determine whether the meter is registering accurately the amount of water that is being delivered through it. Upon receipt of such request, the city shall examine and test the meter. If the meter is found to register over three percent more water than actually passes through it, the customer's water bill will be adjusted accordingly. If the meter is found to register a variance of three percent or less, no billing adjustment will be made. Meter testing will be performed at a customer's request, at no charge to the customer, not more than once every twelve months.
L. 
If a customer requests more frequent testing, the customer's request shall be accompanied by a deposit of an amount equal to the monthly minimum meter charge. Upon receipt of such request, the city shall examine and test the meter. If the meter is found to register over three percent more water than actually passes through it, the customer's water bill will be adjusted accordingly and the deposit shall be returned, without interest. If the meter is found to register a variance of three percent or less, no billing adjustment will be made and the deposit shall be used by the city to pay its inspection and testing costs.
(Ord. 05-01 §2; Ord. 2016-01 §1)
No person other than authorized employees of the city or other persons authorized by the director shall install, maintain, repair, move, replace, adjust, tamper with, manipulate, damage, disconnect, or remove any water meter. Any person performing any of the foregoing actions, whether or not authorized by the director, shall indemnify and hold harmless city, its officers, and employees from any claims, actions, costs (including attorney fees), damages, or other liability resulting or arising from such actions, and shall pay the city's costs of investigating and repairing any resulting damage or replacing any removed items. Customers with metered water service connections shall notify the city of any visible damage to, or removal of, any portion of the meter box containing the water meter.
(Ord. 2016-01 §1)
Anything to the contrary stated in this chapter notwithstanding, the city council shall have the power to establish by agreement or resolution the rates to be charged for providing water services to government agencies, including school districts, private schools and to any person at rates different from those heretofore set forth, on a basis that is fair and equitable to all the parties concerned.
(Ord. 05-01 §2)
It is unlawful for a consumer, or any person, to turn on or turn off a curb shutoff valve without the permission of the director of public works or designee.
Except as indicated above, a consumer is subject to a charge for having a curb shutoff valve turned on and off. The charge is thirty-five dollars during normal working hours (eight a.m. to three p.m., Monday through Friday) and fifty dollars at all other times.
(Ord. 05-01 §2)
A. 
All off-site water lines or water lines within a public utility easement, connections, valves, plumbing, and appurtenant water facilities and the construction and installation thereof shall be constructed or installed at the consumer's expense and shall be to city standards and approved by the city engineer prior to water service turn-on.
B. 
One city water connection shall be provided to each lot, unless otherwise approved by the city engineer and public works director or designee. All off-site lines shall be constructed to city standards.
C. 
No lot line adjustment, parcel map, or similar instrument shall be approved or recorded until the city has verified that separate city water services have been provided to each lot or parcel, except that the installation of a separate city water service at a vacant lot or premises may be postponed until the issuance of a building permit.
D. 
For each project, individual shutoff valves, gate valves, and necessary on-site lines under private ownership shall be provided.
E. 
The building official shall have tested and inspect the mains and services on private property unless an agreement is reached with the city engineer and the building official to have the city engineer arrange to test and inspect. The city engineer shall have tested and inspect the water mains for the general distribution system whenever such mains are within the city right-of-way or public utility easement.
F. 
No person shall supply water in any way for use outside of the premises to which the service is assigned, except by permission of the public works director.
(Ord. 2016-01 §1)
A. 
Unless otherwise provided in this chapter, each lot or parcel shall have a separate water service connection, except for fire service connections serving more than one lot or parcel that are authorized pursuant to the municipal code or provisions of this chapter. All water service lines shall be equipped with an approved corporation stop/valve at the distribution main, and with a curb stop valve unless not required under specifications adopted by the city. Water service lines shall not cross another lot or parcel without first obtaining any and all rights-of-way, easements, or other approvals necessary to do so.
B. 
To be eligible for water service, the property to which service is to be provided must abut a dedicated public easement or a city right-of-way in which a distribution main is constructed at a point immediately adjacent to the property, unless the director authorizes the extension of a distribution main.
C. 
The director may authorize water service for land locked parcels provided that the customer obtains recorded private easements from the affected owner(s) and all other applicable legal requirements are fulfilled. Private easements must abut a distribution main in a dedicated public easement or city right-ofway. Water service lines constructed in private easements are private water lines, and the city shall have no responsibility for the maintenance and repair of such lines.
D. 
The director may authorize water service for a parcel that is not adjacent to a distribution main and is not land locked, on such terms and conditions as may be specified by the director, if the director determines based on written findings that it is not feasible to extend a distribution main due to the unique physical characteristics of the parcel which are so unusual that complying with the requirements of this section would create an exceptional hardship to the parcel owner or the surrounding parcel owners.
E. 
Except as provided herein, the director shall determine the maximum sizes of service connections. For single-family domestic service connections, the maximum size shall be one inch, or one and one-half inches if residential fire sprinkler systems are present, unless otherwise authorized by the director.
F. 
All water service connections are subject to the city's tap, meter, development, abandonment, and other applicable fees established by city council resolution, and to the city's cross-connection control standards.
(Ord. 2016-01 §1)
The owner of any premises on or for which check valves or other protective devices are installed shall inspect these devices for water tightness and reliability at least once per year. Protective devices may, in addition, be inspected and tested for water tightness by the city at any time. If the inspection cannot be made without undue difficulty because of an obstruction or other interference, the consumer will be notified and requested either to correct the condition or have the inspection made at his or her own expense and witnessed by the city. Any defects found in any backflow control device shall be corrected by the consumer within three days. Failure to correct such defects is cause for discontinuance of water service.
(Ord. 05-01 §2)
A. 
The city shall adopt a written temporary water use policy that establishes policies, procedures, and requirements applicable to temporary water service, including procedures governing application for and issuance, denial, renewal, and revocation of fire hydrant use permits, and procedures for payment and forfeiture of deposits.
B. 
Any person requesting temporary water use shall comply with all requirements of the temporary water use policy, including the payment of all applicable fees, charges, and deposits in the amounts established by city council resolution.
C. 
Temporary water service shall be provided through a meter, at current city charges. The city may authorize temporary water service for new residential construction prior to meter installation, upon payment, prior to issuance of a building permit, of a temporary water service fee, for each residential lot, equal to three times the city's then-current monthly flat rate for water service to a single-family residence.
(Ord. 2016-01 §1)
Access to service connections and water meters must be provided at all times. A customer receiving city water service shall provide the city's employees and contractors access to and use of the premises where city water service is received as may be required for the installation, maintenance, repair, or removal of any pipelines, water meters, and other appurtenances used to provide or measure city water service to the customer's premises or to adjacent premises; or for purposes of connecting, reconnecting, or relocating the connection for city water service to any such premises. Compliance with the foregoing requirements is a condition of the customer receiving or continuing to receive city water service, and the department may shut off water service at the distribution main if the customer refuses to allow access as required in this section. If the customer refuses to allow such access, the city may seek authorization for access from any court of competent jurisdiction.
(Ord. 05-01 §2; Ord. 2016-01 §1)
It is unlawful for any person to maintain or allow on his or her premises leaky or faulty water fixtures or water using or distributing devices to which city water is connected, so that city water is wasted thereby. The failure to repair or disconnect the faulty device within five days after being notified in writing to do so by the department shall be sufficient cause for the disconnection of city water from the premises until the repairs have been made. After disconnection, water shall be reconnected only in accordance with the provisions of this code.
(Ord. 2016-01 §1)
All persons must keep the service pipes in good order at their own expense and may be held liable for damages which may result from their failure to do so. When leaky faucets or fixtures are discovered and not immediately repaired, the water service may be disconnected. Authorized employees of the city shall be admitted at all reasonable hours to all parts of any premises supplied with water, except the interior of dwellings, but including the meter box, to see that the regulations contained in this chapter are observed and complied with.
(Ord. 05-01 §2)
A customer receiving city water service shall provide the department's employees and/or contractors access to and use of the premises where city water service is received as may be required by the city's employees or contractors to determine whether there is any violation of any of the provisions of this code, or to abate any violation thereof. If the customer refuses to allow such access, the city may seek authorization from any court of competent jurisdiction for such access and abatement. Compliance with the provisions of this chapter shall be a condition of the customer receiving or continuing to receive city water service.
(Ord. 2016-01 §1)
All sprinkler systems installed for the irrigation of lawns, plants and flowers shall be so designed and installed that the water is not sprayed or permitted to spray over or upon a sidewalk, alley or street. Portable sprinklers will not be permitted on the sidewalk, nor may they be placed in such a manner as to spray water upon sidewalks, alleys or streets, so as to prevent pedestrians or vehicles from using the public ways at all times without being struck or wet by the spray from the sprinklers.
(Ord. 05-01 §2)
A. 
An application for the installation, relocation and/or change in size of service shall be submitted and the appropriate fees paid prior to any work being done.
B. 
Where a city-owned main or lateral is in service, new services, relocations and/or changes in size for any service, the property owner/developer shall have any work done by a licensed plumbing contractor. The city may install, relocate or change in size any service up to two inches if staff is available and upon deposit of an amount equal to the estimated cost of the work; i.e., labor, equipment, materials, including meter, if required, and overhead. If the actual cost is greater than the estimate, the developer will be billed the difference; if the cost is less, the excess will be refunded.
C. 
All meters and meter boxes shall be approved by the city prior to installation. At the developer's request and upon receipt of payment, the city may supply any meter, including box, up to two inches in size. Any meters larger than two inches must be supplied by the developer including the meter box. The city will maintain all meters. The city may charge a maintenance fee for the maintenance of the meters. Said maintenance fee shall be set by resolution of the city council.
D. 
The city will maintain services from the water main to the water meter or meter idler, whichever occurs first, within the city right-of-way or public utility easement. Any service, irrespective of any other portion of this code, that is not located within the city right-of-way or public utility easement shall be maintained by the consumer.
(Ord. 2016-01 §1)
When mains and laterals are in place or within a reasonable distance from a particular parcel, the city will furnish water service from such line to the back of the sidewalk if a sidewalk is in place or to the property line.
(Ord. 2016-01 §1)
If more than one consumer is served from one service connection, the owner of the property or his or her agent shall be required to sign for and guarantee the payment of such service connection, and the owner shall be liable for all water served through such connection, except that a project, association, corporation, or other governing body shall be responsible for the payment of water charges to the city.
(Ord. 2016-01 §1)
When a line is to be constructed across private property to serve more than one parcel of land, a utility easement shall be granted to the city, and the easement line, size, and installation shall be approved by the city engineer and public works director.
(Ord. 2016-01 §1)
The city will maintain all mains and appurtenances within city rights-of-way on city property or easements including curb valves and meters. The property owner shall maintain all service connection lines and appurtenances to or on his or her property up to the meter or curb valve.
(Ord. 2016-01 §1)
The customer shall be liable for any damage to the city-owned water service facilities when such damage is from causes originating on the premises by an act of the customer or his or her tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The city shall be reimbursed by the customer for all charges related to any such damage.
(Ord. 2016-01 §1)
Any person or entity damaging or removing any portion of the city water distribution system shall pay the city's costs of investigating and repairing such damage and/or replacing any removed item(s), and shall indemnify and hold harmless city, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from such damage or removal.
(Ord. 2016-01 §1)
A. 
No person shall make, or cause to be made, a connection with, or tamper or interfere with in any manner, the city water system, without first obtaining a permit from the city.
B. 
No person shall turn on or off, otherwise interfere with, or cause to be turned on or off or otherwise interfered with, any part or portion of the city water system, without first obtaining a permit from the city.
C. 
No person shall install or connect with the water system any evaporative type air-conditioning cooler or unit unless it is equipped with a recirculation pump and equipped with a thermostat or pressure control valve properly adjusted to regulate the flow of cooling water through the units so that the minimum amount of cooling water, as determined by the manufacturer's specifications, shall be used.
D. 
No person shall connect to the water system any refrigerating or air-conditioning equipment unless such equipment is air-cooled or has a water tower or evaporation condenser so that only makeup water is used.
E. 
No person shall waste water.
F. 
No person shall install or maintain any pipe, faucet, hose bib, fixture, or appliance connected to the water system in such condition or state of disrepair that water may be or is lost or wasted.
G. 
No person shall supply city water to anyone without city authorization, and no person shall use city water without authorization or without paying the required fees. The city shall have the right, upon five days' written notice to cease, to disconnect the water service for the person supplying the water.
H. 
No person shall construct a bypass around any meter or service without the prior consent of the city.
I. 
No person shall use water for any purpose by the method of "return wells" wherein water is discharged into a well so that such water is injected into a water-bearing strata below a depth of fifty feet below the surface of the ground.
J. 
No person shall steal, take, carry away, transport, lead, drive away, or cause the same to be done, water from the city water system.
K. 
No person shall fraudulently appropriate, or cause to be fraudulently appropriated, or by any false or fraudulent representation or pretense appropriate water from the city water system.
L. 
No person shall make unauthorized repairs to the city water system.
M. 
No person or water user shall turn on or reconnect a water meter or water connection turned off or disconnected by the city.
N. 
No water user using water supplied by the city shall supply any other person with such water or allow any other person the use of such water from the water user's water connection, or permit a further connection to be made to the water user's connection on his or her or any other premises, unless authorized by the public works director.
O. 
No person shall appropriate water for use in the commission of a crime.
P. 
All persons shall abide by the restrictions contained in WMC.
(Ord. 2016-01 §1)
The city shall make available to its residential utility consumers who are sixty-five years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third party notification service, whereby the city will attempt to notify a person designated by the consumer to receive notification when the consumer's account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential consumer shall make a request for third party notification on a form provided by the city, and shall include the written consent of the designated third party. The third party notification does not obligate the third party to pay the overdue charges nor shall it prevent or delay termination of service.
(Ord. 05-01 §2)
When it is necessary to use water temporarily in connection with any type of construction or other operation at a place where the water supply is inadequate for such purposes, application may be made to the director for a permit to use water from a fire hydrant. No person shall use water from, or connect any apparatus to, a fire hydrant without first obtaining a permit.
Each permit shall specify the terms and conditions of use and the fire hydrant or hydrants authorized to be used. No person shall attach to the operating stem or cap of a fire hydrant any wrench or tool that is not approved by the public works department for use on fire hydrants. In addition to any other remedy available to the city, any wrench, connecting apparatus, valve, hose, or other item attached to a fire hydrant in violation of this section shall be subject to removal and confiscation by the city.
(Ord. 05-01 §2)
It is unlawful for any person to operate, alter, change, remove, disconnect, connect with, or interfere in any manner with any fire hydrant owned or used by the city without first obtaining written permission from the public works director.
(Ord. 2016-01 §1)
Water used from a fire hydrant shall be metered when practicable, as determined by the director, with the meter to be provided by the city. Unmetered water shall be charged at the metered rate, based upon city estimates of the quantity of water use, and such estimates shall be conclusive. The charges shall be in accordance with a schedule approved by the council from time to time by resolution.
(Ord. 05-01 §2)
When an abnormally large, unusual, or uncommon quantity of water is desired for filling a swimming pool or for any other purposes, an application on a city form must be filed and approved by the city prior to taking such water. The granting of permission to take water in unusual quantities will be given only if it can be safely delivered through the city's facilities and if other consumers are not inconvenienced or impacted thereby and the appropriate charges are paid.
(Ord. 2016-01 §1)
The director may authorize lots or parcels utilized for a community garden, to use the existing water service connection of an adjoining lot or parcel to provide irrigation for the community garden if the owner of the adjoining lot or parcel consents to such use, provided that:
A. 
A backflow prevention device is installed and periodically tested in accordance with such requirements as may be specified by the director to protect the potable water supply of the city and of the adjoining lot or parcel served by the existing water service connection; and
B. 
A water meter is installed on the existing water service connection. The owner of the adjoining lot or parcel served by the existing water service connection shall notify the director prior to the initiation of any such use, and shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection used to provide irrigation for the community garden.
(Ord. 2016-01 §1)
The customer shall, at his or her own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or of any of his or her tenants, agents, employees, contractors, licensees or permit holders in installing, maintaining, or operating or interfering with such equipment. The city shall not be responsible for damage to property caused by faucets, valves, and other equipment that are open when water is turned on either originally or when turned on after a temporary shutdown. When leaky faucets or fixtures are discovered and not immediately repaired, the water service may be disconnected.
(Ord. 2016-01 §1)
No person shall interfere with the inspection by city employees of any water fixture or water-using or water-distributing device connected directly or indirectly to the city water distribution system, for the purpose of determining whether there is a violation of any provision of this chapter. City employees shall obtain the consent of an adult occupant before entering occupied premises or dwellings. If consent is not obtained, the city may seek authorization for access from any court of competent jurisdiction.
(Ord. 2016-01 §1)
The city's responsibility to operate, maintain and repair public water mains shall extend only to the point of service. The operation, maintenance and repair of any private water line connected to the point of service shall be the customer's sole responsibility. The customer shall indemnify and hold harmless city, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from the condition, operation, maintenance or repair of said private water line.
(Ord. 2016-01 §1)
The city of Waterford, and its officers, employees, and agents when acting in the course and scope of their employment, shall be exempt from the provisions of this chapter; provided, however, that the city manager shall promulgate administrative regulations governing water use by the city, and its officers, employees, and agents, as may be necessary for the city to achieve the conservation of water resources equal to or greater than the level of conservation achieved by the city's water service customers.
(Ord. 2016-01 §1)
No water well shall be drilled or reconstructed within the city without the consent of the city. When city water is available and a request to connect to the city system has been approved, or a request to reconstruct a well has been made, the existing non-city-owned well on the property shall be capped and plugged in accordance with state regulations, unless otherwise authorized by the city.
(Ord. 2016-01 §1)
The use of water wells within the limits of the city for potable purposes shall be permitted only when a public water system is not available to the premises on which water is required. A public water system shall, for the purposes of this chapter, be considered available when a water distribution main which can be tapped is located within two hundred feet radius of any part of said premises on which water is required.
(Ord. 2016-01 §1)
Permits for water wells issued after the effective date of the ordinance codified in this chapter shall be subject to the following limitations:
A. 
Wells shall not be drilled nor the water produced therefrom used for residential, commercial or industrial land use activities except that replacement well(s) for residential, commercial and/or industrial land uses may be established for well(s) which existed and were in active use prior to the effective date of the ordinance codified in this chapter; provided, that no net increase in water production results from the replacement well(s).
B. 
All property owners with approved well permits pursuant to this chapter shall meter the well's water production and report the amount of groundwater extracted each calendar year. This report shall be submitted to the city no later than March 1st on a form approved by the city. The property owner shall maintain the water production meter in sound operating condition at all times.
C. 
All property owners with wells approved pursuant to this chapter shall meter the well's water level on a monthly basis and submit such water level data to the city on a form approved by the city. This report shall be submitted annually to the city prior to March 1st of each year. The property owner shall maintain the meter to measure the water level in sound operating condition at all times.
D. 
As a condition of all approved well permits pursuant to this chapter, the permittee shall assume all liability imposed by law for personal injury or property damage resulting from any work performed by the permittee or his or her agent under a permit, or resulting from the failure of the permittee to perform his or her obligation under a permit. If any claim of such liability is made against the city, its officers, employees, or agents, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claims.
(Ord. 2016-01 §1)
Whenever a water well is determined by the city to have an unsafe water sample, pose a significant health or safety hazard, or pose a risk of groundwater contamination, the city may issue a stop use order, order the water well repaired, require the water to be treated to reduce health or safety risks, or order the water well to be decommissioned. Such notice shall be served by certified or registered mail, or in person, to the last known owner of the property. If the city orders the water well to be decommissioned, such decommissioning must be completed within ninety days. Upon failure of the owner to comply with such order, the city may cause such water well to be repaired, treated, or decommissioned at the cost and expense of the owner of the property upon which such water well is located.
(Ord. 2016-01 §1)