(A) Except as provided in division (H) herein, no person shall construct, install, replace or abandon a private water well, unless the Health Officer has issued a permit pursuant to this chapter to the owner of the real estate where a private water well is to be constructed or installed, or where any replacement or abandonment of an existing private water well is planned. The owner shall apply for a permit on a form provided by the Health Officer. The owner shall supplement the application form with plans, specifications, and other information deemed necessary by the Health Officer, and as required by applicable federal and state statutes and regulations. The applicant shall pay a permit fee to the Health Department, as prescribed by the Health Department Fee Schedule Ordinance, at the time the application is filed. The issuance of a permit shall not be construed as authority to violate, cancel, or set aside any of the provisions of this chapter. Failure to obtain a permit prior to private water well construction, installation, replacement, or abandonment will result in the assessment of a late fee three times the regular permit fee as per the Health Department Fee Schedule.
(B) The owner shall post the permit in a conspicuous place at or near the dwelling or facility where the private water well system work is occurring. The notice shall be plainly visible from the public thoroughfare nearest this structure.
(C) When a permit has expired or has been revoked, the work specified on the private water well system permit shall not commence or resume unless a new application and fee have been submitted and a new permit has been obtained.
(D) Permit fees are not refundable. In the event that a purported payment of a permit fee by check or other means is not honored by the drawee, credit card issuer or other third-party payer, the person who issued the check or used such other means will be required to pay any penalties and late fees and be required to pay any future permit fees in cash.
(E) Transfer of ownership of the real estate for which a private water well system permit has been issued shall automatically void the permit for that property, unless the transfer has been disclosed in the permit application and approved with the permit. An example may be an expected transfer from a builder or developer to an owner following the construction of a house.
(F) Permits issued under the provisions of this chapter shall be valid for a period of 12 months from the date of issuance. In the event the work authorized by the permit is not completed within 12 months from the date of issuance, the permit shall automatically expire and become void.
(G) A separate permit shall not be required for well abandonment if the abandonment and the drilling of a new private water well are undertaken as parts of the same project.
(H) The following exceptions exist with respect to the permit requirement.
(1) In emergency well installation situations, where it becomes necessary to restore water to a house, facility or other building and the emergency does not allow time for the submission of a site plan and permit application, a licensed and registered water well driller may proceed in such an emergency to install a new private water well, but a permit application must be submitted therefor on the first business day after the work has been commenced. A water well driller who commences an emergency private water well installation proceeds at his own risk, including the risk of having to undertake remedial work to bring the new private water well into compliance, and the risk that the Health Officer may issue a stop order. Should the work not meet acceptable standards, the work must be brought into compliance with all applicable codes, rules or ordinances within a specified time period, not to exceed 14 days.
(2) Monitoring wells used solely for the purpose of testing for contamination of the groundwater must be permitted, but will be permitted by the parcel rather than by the individual well.
(3) Temporary dewatering wells are not required to obtain a permit under this chapter.
(I) The Health Officer shall not issue a permit unless the application therefor, and the site plans submitted therewith, are complete and accurate. The Health Officer may revoke a permit or issue a stop work order if the Health Officer finds, after the issuance of a permit, that the application therefor or the site plans submitted therewith are inaccurate or incomplete.
(J) If the Health Officer does not approve an application for a permit, the Health Officer shall advise the applicant of the Health Officer’s rationale for not approving the application and inform the applicant of any technical or administrative options known to the Health Officer.
(Ord. 2017-24, passed 11-20-2017) Penalty, see § 53.99