§ 51.04 AUTHORIZED WELLS.
   (A)   Upon obtaining a well permit pursuant to this chapter, a person may use a water well within the city limits for the following purposes:
      (1)   Production of manufactured goods, whether or not such goods are designed for human consumption. Well water used for production of manufactured goods may not be used for other domestic uses except as otherwise allowed by this chapter; and
      (2)   Uses not necessitating potable water.
   (B)   A person desiring to install and use a water well shall make application therefor to the city for a well permit. Any such application shall contain the following information:
      (1)   Name of applicant;
      (2)   Purpose for which the well and well water are to be used. For manufacturing uses, a statement of why well water is preferable to city water;
      (3)   A site plan and legal description of the property proposed to contain the well and of the property to be served by the well. The site plan must show the proposed location of the well and well equipment or piping associated with the well water distribution system. The site plan must also show all underground utilities (such as, water, sewer service, gas, electric, telephone, cable television and the like). The applicant shall verify utility locations when preparing the site plan by contacting the “one call utility locate system” and shall preserve such evidence on site until the well is drilled;
      (4)   Name of person who will drill the well; and
      (5)   Proof that the applicant either has obtained a ground water appropriation certificate from the state or that a certificate is not required.
   (C)   Before the well is put into operation, a city official will inspect it to determine that the well will be utilized only for permitted purposes and that no unauthorized connections or cross-connections from the well to the city’s water distribution system have occurred. Cross-connections may be authorized by the Public Works Director if the city’s water distribution system is protected from backflow from the well according to the applicable plumbing or water quality codes designed to protect public health. The city official will also inspect the drilling premises to determine compliance with division (E) below. The city official shall make the investigation necessary to determine that the well being applied for is within the property boundaries described in the application and will not adversely affect city owned utilities (such as, water and sewer mains, storm drains and similar structures) that may cross through the applicant’s property, with or without an easement, as determined by the utility locate verification required in division (B)(3) above.
   (D)   Notwithstanding any other provisions of this chapter, the permit required hereunder shall be obtained by the person applying for the same or by the drilling firm responsible for drilling the well. The permit is valid for a period of 180 days from the date of issuance, and if drilling of a new well or development of an existing well is not commenced within that time period, the permit lapses.
   (E)   During the drilling process, any products of the operation shall be confined to the premises upon which the well is being drilled. Discharging of waste materials in or on city rights-of-way, alleys, streets or drainageways is prohibited. In the event waste materials are improperly discharged, the property owner or driller will be required to complete restoration and cleanup to city specifications prior to final approval of well operation.
   (F)   The city may grant a permit for the use of a well for one of the purposes announced in this section, but only after making the following findings:
      (1)   For manufacturing purposes:
         (a)   The existence of a bona fide manufacturing or commercial need for the use of well water in the manufacture of a product. For purposes of this section, the mere fact that well water may be less expensive to use in the manufacturing process may not be considered a bona fide manufacturing or commercial purpose;
         (b)   That city water is used to separately supply other water demands on the premises;
         (c)   The well is not directly or indirectly connected or cross-connected to the city’s water distribution system; and
         (d)   The applicant has agreed to pay a reasonable fee to the city that will compensate the city for providing standby potable water and sewage services to the manufacturing premises. The fee will be based upon existing rates and charges for utility services then in effect and adopted by the city.
      (2)   For uses not requiring potable water:
         (a)   The well, its piping, and fixtures will not be directly or indirectly connected or cross-connected to the city’s water distribution system unless the city’s water distribution system is protected from backflow from the well by means approved by the Public Works Director as provided in division (C) above; and
         (b)   The well will be used exclusively for the purpose stated in the application.
      (3)   The application is not a subterfuge for using the well in question for potable human consumption or domestic or commercial uses not allowed by this chapter.
   (G)   Wells producing water that is discharged into the city’s wastewater system must have a city approved water meter to measure water produced by the well.
(Ord. 2008-04, passed 3-10-2008) Penalty, see § 51.99