(A) If a person intends to construct, install, replace or abandon a private water well within the boundaries of a municipality, and if the municipality has an ordinance regulating private water wells, the person shall obtain permission for the private water well activity from the municipality before applying for a permit under this chapter.
(B) No permits will be issued for the construction, installation, or replacement of potable private water wells within a subdivision, planned unit development, or other area served by a municipal water service.
(C) After January 1, 2018, the effective date of this chapter, and subject to the approval of the municipality having jurisdiction, if a subdivision is approved where a municipal water system is available, the subdivision developer must make connection to that municipal water system and shall extend the municipal water system to all lots in the subdivision at the developer’s expense.
(D) No permit will be issued for the construction or installation of a new potable private water well that is intended, to serve more than one single-family dwelling or more than one unit of a multi-family dwelling, if each individual unit in the building is separately owned. A private water well in these circumstances must be registered with and meet the requirements of the state for a public well. However, a dawdi haus, a grandparent's cottage, or a guest house may be connected to the private water well serving the main residence on a parcel or lot, when both residences are owned by the same individual or entity.
(E) A permit may be issued for a non-potable private water well within a subdivision, planned unit development, or other area served by a municipal water service unless a municipal ordinance, the ordinance establishing the subdivision or the planned unit development, or other local, state, or federal law or regulation prohibits the installation of a non-potable private water well where proposed.
(F) Any private water well in the plume of known groundwater contamination shall be abandoned as soon as practicable, but not later than one year from the time when municipal water service is made available to the property served by the private water well. Until that time, the owner of any property served by such a private water well shall install, operate, maintain, and use drinking water filtration systems to reduce the contamination in the water drawn from the private water well to meet EPA drinking water standards.
(G) New private water well construction and installation shall generally be prohibited in areas of known groundwater contamination, such as those designated by the United States Environmental Protection Agency or an agency of the State of Indiana, including, but not limited, to Super Fund Sites, Environmental Restrictive Covenant Sites, and other groundwater use restriction sites. The Health Officer will follow the guidance of the designating agency regarding the drilling of private water wells in the delineated area and will, if a new private water well is necessary in such an area, issue a permit if the location and installation of such a private water well is consistent with the advice of the designating agency, and all precautions, as outlined in 312 lAC 13-3-2, are strictly adhered to in order to prevent the mixing of aquifers, or the inadvertent contamination of a suitable water supply. Any special well construction methods, techniques and materials that are proposed to be used shall be enumerated on the permit in any situation where a private water well must be drilled in a known groundwater contamination area.
(H) There shall be no connections between a private water well or water supply and a public or municipal water supply.
(I) Dug wells may not be installed in the County, except for dewatering wells.
(Ord. 2017-24, passed 11-20-2017) Penalty, see § 53.99