Having determined that unregulated private domestic water wells within the corporate limits of the village pose a serious and substantial risk of harm to the public health of the residents of the village, from and after March 1, 2011, it shall be unlawful to construct or maintain any private domestic water well within the corporate limits of the village, which is not in compliance with the following requirements in addition to the other provisions of the municipal code and state law.
(A) A PRIVATE DOMESTIC WATER WELL is defined as a well providing water to any water supply system furnishing water for human consumption other than a public water supply system.
(B) Any person, firm or corporation owning, maintaining or using any private domestic water well within the corporate limits of the village shall make, or cause to be made, and file with the Village Clerk a good and sufficient bond payable to the village in the sum of $2,000 conditioned upon full and complete compliance with the requirements of this section and other provisions of the municipal code relating to private domestic water wells, and conditioned upon the said person, firm or corporation safely plugging the said well upon abandonment (or failure to comply with regulations concerning operation) in full compliance with all current safety standards or provisions of law in existence at that time. The bond shall be written by a corporate surety licensed in the state, and in a form acceptable to the Village Clerk.
(C) Each calendar quarter every private domestic water well within the corporate limits of the village shall be sampled and tested for each of the contaminants for which public water supply systems are required to sample and test under the State Department of Health Regulations Concerning Public Water Supply Systems, 179 NAC 2, as amended from time to time. Sampling and testing shall be done at the expense of the person, firm or corporation owning or maintaining the private domestic water well. Sampling shall only be performed by a person holding a current Grade V (or higher) Water Operator Certificate of Competency from the State Department of Health. All testing shall be done by laboratories approved by the State Department of Health for conducting tests of water sampling for public water supply systems. Documentary proof of sampling and testing shall be supplied to the Village Clerk immediately upon receipt.
(D) Each private domestic water well within the corporate limits of the village shall have on file with the Village Clerk current proof of compliance with the sampling and testing requirements. The results of testing shall show conclusively that the water from such private domestic water well does not contain any contaminant in excess of the maximum contaminant levels set by 179 NAC 2.
(E) Any private domestic water well failing to sample or test as required herein, or failing to have on file current test results confirming that the produced water does not exceed any of the maximum contaminant levels set in 179 NAC 2 is hereby declared to be a danger to public health, and a nuisance. Such private domestic water well having failed to sample, test or file tests satisfying water quality requirements herein required shall not be used in any manner, for any purpose, until proof of compliance with the requirements of sampling, testing and proof of absence of contamination shall have been provided to the Village Clerk.
(F) The Village Board may declare any private domestic water well for which a bond is not on file to secure financial responsibility as required herein, or which is otherwise not in compliance with the requirements of the municipal code, to be a nuisance, order the owner or operator to forthwith cease using said private domestic water well, and to immediately submit proof of compliance with the requirements of the municipal code. Upon failure of the owner or operator of said private domestic water well to comply with these provisions of the municipal code, any such well may be ordered to be plugged to prevent any further use.
(G) In addition to any other remedies, the village may pursue a suit in equity to enjoin the maintenance, use or operation of any private domestic water well not in compliance with the municipal code, or seek a judicial order requiring it to be plugged and no longer used.
(Ord. 260, passed 2-8-2011) Penalty, see § 52.99