§ 50.042 ENFORCEMENT FOR PRIVATE WELLS.
   (A)   Any private well shall at all times comply with the specifications of the permit issued by the Board. This includes the depth of the well, the gallons per minute, and the disposal of said water. The city has the discretion to inspect the installation and operation of the well and may require the applicant to make such reports, install such metering devices, or take whatever other action the Board identifies as necessary to assure that the well is constructed and used within the specifications of the permit.
   (B)   If at any time the Board determines that the use of the well exceeds the specifications contained in the application, or that any such well adversely affects the water supply for the city or the drainage or wastewater system of the city, then a cease and desist order shall be issued by the Board. In the event the owner of the well or the owner of the land upon which the well is located fails to obey the cease and desist order, the owner shall be responsible for all attorney fees and costs incurred by the city in enforcing this subchapter either in law or equity.
   (C)   The Board may assess penalties not to exceed $ 1,000 per day for each day a private well is operated in violation of this chapter and each day shall be considered a separate offense. The Board shall also assess and recover all legal costs, including Attorney’s fees for prosecution of the enforcement action.
(Ord. 1627, passed 7-5-16)