[HISTORY: Adopted by the Mayor and Council
of Federalsburg 11-7-1983 by Ord. No. 134. Amendments noted where
applicable.]
This chapter shall be titled "Private Water
Systems."
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
All the water under the surface of the ground not identified
as flowing in well-defined channels.
A water supply system from which water is not available to
the people at large, its location and outlets being on private property.
A person, persons, partnerships, firms, corporations and
cooperative enterprises.
Water which is safe for human consumption.
Heat-pump-type of residential systems.
A pond, lake or a stream of water flowing in a definite direction
or course. A surface stream includes the springs in which the stream
originates and those that contribute to its flow. The stream flow
may vary and, in times of drought, may even cease to flow at all for
a period of time.
The requirements of these regulations shall
apply to both new and old individual water supplies and to replacement
of or additions to existing systems in all areas now or hereafter
served by the Town's water system.
Building and water system contractors, plumbers,
well diggers and well drillers making installations of water supply
systems shall be jointly responsible for compliance with these regulations
with any person for whom such installation(s) is (are) being made.
Individual water supply systems shall be permitted
for outside irrigation purposes and refrigeration cooling purposes
and the filling of swimming pools and for no other purposes, with
the following exceptions:
The approving authority for individual water
systems shall be the Planning and Zoning Commission of the Town of
Federalsburg.
The approving authority or its authorized agent
may make inspections during construction to determine compliance with
these regulations. No part of any installation shall be covered until
inspected and approved by the approving authority. Any part of the
installation which has been covered prior to final approval shall
be uncovered upon order of the approving authority.
[Amended 1-3-2023 by Ord. No. 2022-10]
Any person contemplating the construction of
a private well for domestic use, outside irrigation purposes, refrigeration
cooling purposes or the filling of swimming pools shall, prior to
the beginning of any construction, make a formal application to the
Town Office. The permit fee shall be paid at the time of submitting
the application, and the fee shall be set by resolution by the Mayor
and Council. Applications shall not be considered by the Town until
all necessary state, county, and federal approvals have been obtained.
Applications for such permit, except wells referred to in Subsection
C of this section,[1] shall be in a form provided by the Codes Inspector. Whenever
in the opinion of the Codes Inspector, or Town Engineer, complete
plans and specifications are needed to show the desired installation
for which the application is made, the applicant shall furnish such
drawings and specifications. These drawings and specifications shall
be drawn to scale and submitted in duplicate. If approved, one set
shall be returned to the applicant marked approved, and one set shall
be retained and filed as a permanent record in the office of the Codes
Inspector.
[1]
Editor's Note: So in original.
A.
"Water supply" under this section shall mean all private
sources of potable water for domestic use, including that from bored,
drilled, driven or dug wells.
B.
All water supply systems shall be constructed, added
to or altered in accordance with these regulations. Where an approved
public water supply system is within 300 feet of the building to be
served, the approving authority shall require that the water supply
be obtained from that system.
C.
No person owning or occupying any premises shall establish
and maintain for domestic use a polluted water supply unless treatment
by a process acceptable to the Board of Health and the approving authority
is provided.
D.
No water-supply pumping equipment shall be located
within or under any building which it supplies.
E.
Wells for domestic use shall be protected from surface
wash or flooding by suitable sloping or ditching of ground surfaces
or by suitable dikes or curbs.
F.
Wells should be located at the highest point on the
premises consistent with the general layout topography and surroundings,
including abutting lots.
G.
Shallow wells (bored, drilled, driven or dug) shall
be at least 100 feet removed from sources of pollution.
H.
Deep wells (bored or drilled) shall be at least 50
feet removed from sources of pollution.
I.
Suction pipes from wells shall be at least 50 feet
removed from sources of pollution.
J.
All wells shall be at least 50 feet removed from any
sewer, except that when the sewer is constructed of cast-iron pipe
with watertight lead caulked joints, the distance of removal shall
be at least 10 feet.
K.
Wells under construction shall be reasonably protected
at all times to prevent the entrance of polluting materials.
L.
Upon completion of construction or reconstruction
of any water supply system or following repairs to its pumping equipment,
it shall be disinfected and flushed.
M.
Pumping equipment shall be installed on an impervious
floor and housed within a structure having raintight walls and roof.
N.
Wells shall have galvanized steel pipe casing for
their full length, with a metallic strainer, and all exposed distribution
lines of private water systems shall be color-coded federal yellow
for purposes of identification.
A.
"Water supply" under this section shall mean all private
sources of both nonpotable and potable water, including bored, drilled,
driven and dug wells, used for outside irrigation purposes, for refrigeration
cooling purposes and for the filling of swimming pools and for no
other purposes.
B.
Water supply systems under this section may use PVC
polyethylene plastic pipe DP 830 PVC 1, CS 207-60 or equal with corrosion-proof
well screens and points or PVC everflow or equal.
The following practices shall be prohibited:
A.
Chain-bucket pumps.
B.
Cross-connections at any point between individual
water supply systems and other individual or public water supply systems.
C.
Water supply connections made to a frostproof toilet.
D.
Abandoned or unused wells used for disposal of sewage,
sewage effluent or other polluting material.
E.
Private wells installed or used for the purpose of
drainage of surface or contaminated water, except that water from
a private well used exclusively for cooling purposes, where only a
temperature change takes place in the water, may be returned to the
ground by a second private well.
[Amended 1-3-2023 by Ord. No. 2022-10]
A.
Notwithstanding any of the provisions of this chapter,
the use or replacement of existing private wells for industrial purposes
may be permitted only upon specific prior approval of the Mayor and
Council after formal application thereto and hearing on the content
of said application and the findings of the Town's Engineer at one
or more regular meetings of the Mayor and Council. Applications shall
not be considered by the Town until all necessary state, county, and
federal approvals shall have been obtained. The Mayor and Council
may extend the public review and comment period for an additional
15 days past the hearing date. The applicant is responsible for all
costs incurred by the Town and any of its agents in reviewing the
application, conducting necessary site visits, and advertising for
the public hearing. Mayor and Council approval shall be evidenced
by a resolution adopted by the Mayor and Council. Such resolution
shall set forth in precise terms the exact size, location, depth,
use or uses and all other pertinent details with respect to the particular
private well approved.
B.
It shall be the intent of this section to permit the use of an existing well or to replace an existing well with one of equal depth, size and capacity but not to permit increased well capacity, except for uses permitted by this section. In the Mayor and Council's sole discretion, such resolution also may specify initial permit fees and annual permit renewal fees greater than those provided in § 239-8.
C.
No well shall be permitted nor used, if in the judgment
of the Mayor and Council based upon the advice of its engineering
firm, the use of the well shall adversely affect the public water
supply and operation of the water system of the Mayor and Council
of Federalsburg, or the water supply of properties within a close
proximity to the location of the well requested.
Every private well now existing in violation
of these rules and regulations shall comply with same within 30 days
following the date of passage of this chapter.
In the event of any violation hereof, any permit outstanding shall be revoked and rescinded immediately, and any person maintaining a private well in violation hereof shall be guilty of a municipal infraction. Each day that such violation continues shall be considered a distinct and separate offense, and upon conviction thereof, such person shall be fined as provided in Chapter 1, Article I, for each and every day of each violation.
