[Adopted 8-7-1995 by Ord. No. LXVIII]
[Amended 7-6-2004; 9-4-2007]
A.
It shall be unlawful for any person to drill or otherwise
construct, install, operate, or use any well for the taking of water
within the corporate limits of the Town of Millsboro except as otherwise
provided in this section.
B.
A private well is permitted for a geothermal heating/cooling
system for a parcel.
C.
One private well for irrigation is permitted for a
development of at least 75 residential or commercial units.
D.
Any well permitted by this section shall be subject
to the following conditions:
(1)
Such well shall meet all of the requirements established
by the Town of Millsboro for the installation of wells in the Town.
(2)
The water to be used shall be metered.
(3)
There shall be backflow prevention installed in accordance
with Town standards and specifications.
(4)
The cost of water shall be charged at bulk rates at
the current rate.
(5)
All installations, operations, disconnection, billing,
charges, and other regulations shall be subject to Town ordinance,
Town inspection and Town oversight.
(6)
The Town shall have the right to enter on said property
and inspect said system at any time.
(7)
Any geothermal heating/cooling system or irrigation
well shall also be subject to federal, state, and county regulations.
Any person violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and, upon conviction
thereof in a court of competent jurisdiction, shall be fined not less
than $25 nor more than $100 or imprisoned for a term of not more than
20 days, or both, and shall pay the costs of prosecution. For the
purposes of this article, each day or part of a day that a violation
continues shall be deemed to be a separate offense.
The drilling or otherwise constructing, installing
and operating a well within the Town of Millsboro shall be deemed
to be a common and public nuisance and may be abated by the Town Council
upon the finding that such a well has been drilled, constructed or
installed or operated.
