(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED WELL. Any well that has been voluntarily abandoned for further use, because the same has outlived its usefulness.
CONDEMNED WELL. One that pollutes or contaminates, and tends in the judgement of the Department of Health and health officer of the Town of Collierville to pollute the water stratum and which cannot be corrected, in the judgement of the Department of Health, to prevent pollution or contamination.
POTABLE WATER SUPPLY. Any public, quasi-public or other private water supply of a quality approved by the Department of Health or by the proper officials of Shelby County of the State of Tennessee as being fit for human consumption.
(B) Having stated these definitions, it shall be stated that any owner of private land who may wish to sink a well on his or her property shall make application to the Board of Mayor and Aldermen of Collierville, Tennessee, in triplicate, setting out generally the point on his or her land where such well shall be sunk or developed, giving the depth to which the said well shall be dug and the volume of water to be taken from the well and the amount of which is to be consumed by human beings. The application shall state that the applicant agrees to comply with the statutory laws of the State of Tennessee and of the County of Shelby respecting the operation of the well. Reference to the statutes are hereby made, and they shall be deemed incorporated herein by reference. Applicants shall further agree to forward samples of water drawn from such wells, if to be designed for human consumption, to the proper authorities of the state for the purpose of having the same analyzed, to the end that such water may be safe for human consumption and not a menace to the public health of residents of Collierville or others who may consume such water.
(C) No person shall operate or maintain a private water supply until permit therefor has been issued by the health officer of Collierville, Tennessee, which permit shall not be valid for a period longer than one year, but it may be renewed at the expiration thereof upon payment of fees hereinafter set. The permit may be revoked by the health officer of Collierville, Tennessee, upon the violation by the holder of any of the terms of this section, or in any emergency, when, in the judgement of the health officer, the continued operation of the private water supply will be a health menace. The holder of the permit, after its revocation, shall have the right to appeal to the Board of Mayor and Aldermen for hearing upon such revocation.
(D) The fee for obtaining a permit to dig such a well or to maintain a private water supply shall subject the holder of such permit to an inspection fee of $20 per year, paid by the owner of such well.
(E) Any person violating any of the terms stated herein shall be guilty of a misdemeanor and, upon conviction thereof, may be required to pay a fine of not more than $50; and each day’s violation of the terms of this section shall constitute a separate offense.
(F) All private wells shall be located, constructed and operated in accordance with rules of the health officer of Collierville, Tennessee, and the water drawn from such well shall be of a safe, sanitary quality. No well shall be located close enough to any existing well operated and maintained by the Town of Collierville as to materially affect the static head of water from the underground strata of such well or proposed well which will result in the diminution of the public water supply.
(G) No private well shall be located in a street, alley or other public place, unless the person digging the well shall first obtain a permit, as required by this section, and the holder of such permit shall be required, as a condition precedent to the issuance thereof, to agree that if at any time subsequent to the digging of such well it shall become necessary for the Town to use such street, alley or other public place that such person, within 30 days after notice from the Town, or the health officer thereof, shall within 30 days after receipt of such written notice, abandon, dismantle and fill such well at his or her own expense.
(H) The use of all water pumped from a private well or a quasi-public water supply for industrial or drinking purposes by humans shall be limited to reasonable use. The term
REASONABLE USE shall be defined as that use of water which is ordinarily required by industries, firms and individuals in the usual operation of its business.
(`83 Code, § 10-230) (Ord. passed 3-3-69)