(A) Except as hereinafter provided, it shall be unlawful to dig, drill, or otherwise construct, maintain, and use any private well, spring, or other source of water for human consumption or any other use.
(B) Except as otherwise provided, it shall be unlawful to repair, reconstruct, restore, enlarge, or expand the usage beyond present use of any existing well or other private water source.
(C) Where a private source of water is to be provided, the Town Council, after due notice and upon a public hearing, shall first find that the use of a private well or other private water source would be in the best interests of the town and, upon such finding, the Council may authorize the Superintendent of the water works to issue a permit to the applicant, subject to the following provisions.
(1) Before commencement of any work on such private well or other private source of water, the towner of the real estate effected shall submit to the Superintendent of the Water Department any plans, specifications, and other information as deemed necessary by the Superintendent. The Superintendent may thereupon issue a written permit to proceed with the plans and specifications. A permit and inspection fee of $25, or another amount as set by the Town Council from time to time, shall be paid to the town at the time such permit is issued.
(2) The permit shall not become effective until the private water system is completed to the satisfaction of the Superintendent. He or she shall be allowed to inspect the work at any stage of construction. No work shall be deemed completed until meters or other measuring devices, to determine the amount of water passing through the system, have been installed. All meters or measuring devices installed shall be provided by the user and shall be of the make and type specifically designated by the Superintendent.
(3) When the applicant for the permit has completed the work, he or she shall notify the Superintendent that the work is ready for final inspection, before any pipe, pump, or other part of the system is covered from view. The inspection shall be made within 96 hours from the receipt of notice by the Superintendent.
(4) The type, capacity, location, and layout of the private well or private water system shall comply with all recommendations of the State Board of Health, and any other governmental agency charged with supervision or control of such water supply at that time.
(5) The owner shall not expand the usage of the well or system beyond the usage prescribed by the permit.
(D) Permits shall be issued for a term of ten years and may be renewed for successive periods of ten years each.
(E) (1) Any person found to be violating any provision of this section shall be served by the town with a written notice stating the nature of the violation and providing a reasonable time for the offender to make satisfactory correction thereof and to cease and desist in said violation.
(2) The town shall, upon due notice to the owner of the real estate upon which the violations occurred or are occurring, have the right to cap or fill and close any well or other water system found, upon hearing by the Town Council, to be in violation of this section.
(3) Any person violating any of the provisions of this section shall become liable to the town for any expense, loss, or damage occasioned by the town by reason of such violation.
(Ord. 143, passed 4-2-1973) Penalty, see § 50.99