§ 53.10 LOCATION AND INSTALLATION.
   (A)   A private water well shall be located:
      (1)   At the highest point on the site consistent with the general layout and surroundings, but in any case in a place protected against surface drainage and flooding; and
      (2)   As far removed from any known or probable source of contamination as the general layout of the premises and surroundings allow.
   (B)   The isolation distances for private water wells required by 312 I.A.C.13-3-2 must be observed. In addition, the following isolation distances for private water wells must be observed:
      (1)   A minimum of 50 feet from all portions of a residential onsite sewage system and the designated reserve onsite sewage system area as approved by the Health Department;
      (2)   A minimum of 100 feet from all portions of a commercial onsite sewage system and the designated reserve onsite sewage system area as approved by the Health Department;
      (3)   A minimum of five feet from side, rear or front lot lines;
      (4)   A minimum of five feet from any public right-of-way;
      (5)   A minimum depth of 25 feet, as measured from the ground surface to the top of the well screen;
      (6)   A minimum of five feet from a dwelling or other access-inhibiting structures, including any building overhangs.
   (C)   Every private water well shall be located so that it will be reasonably accessible by proper equipment for cleaning, treatment, testing, inspection, and for such other attention as may be necessary. No private water well shall be located so that the top of the well will be within the basement of any building or under a building having no basement. Nothing shall be constructed in proximity to a private water well, including landscaping, that will interfere with the inspection, maintenance or abandonment of the well.
   (D)   The finished well casing shall extend at least one foot above the ground level. However, if the site is within a flood plain, the finished well casing shall extend at least two feet above the elevation of the regulatory flood elevation.
   (E)   Well heads and well casing openings shall not be located in any pit, room, area or space that is below the elevation of the surrounding ground surface, unless the conditions and construction requirements prescribed by the Department of Natural Resources for the location of well heads and well casing openings in such spaces are observed.
   (F)   In the instance when water cannot be obtained from a new private water well due to excessive depth or other geographical limitations within the permitted location area, and the licensed water well driller must go outside the approved location area on the subject property, the following conditions shall be met.
      (1)   All isolation conditions as previously outlined for all private water wells must be followed.
      (2)   If a variance from the Indiana Department of Environmental Management or the Indiana Department of Natural Resources is needed, it must be obtained and submitted to the Health Department as soon as possible, but no later than ten business days after receipt of the variance.
      (3)   A water well driller who goes outside the approved location area for private water well installation proceeds at his or her 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.
   (G)   In the instance when water cannot be obtained from a new private water well due to excessive depth or other geographical limitations within the permitted location area, and the licensed water well driller must go outside the subject property’s property lines, a new application shall be submitted to the Health Department for approval, and the following conditions shall be met.
      (1)   Easements or other access rights in perpetuity for all properties that come in contact with any portion of the private water well, or any of its components, must be obtained.
      (2)   If a variance from the Indiana Department of Environmental Management or the Indiana Department of Natural Resources is needed, it must be obtained and submitted to the Health Department as soon as possible, but no later than ten business days after receipt of the variance.
   (H)   The Health Officer recognizes that a number of properties in the county cannot meet current requirements for replacement private water wells due to lot site limitations, and that a proposal for repair or replacement must make the best use of the available space, and must employ acceptable standards of construction and siting to maximize the best interests of public health. The judgment of the Health Officer will be employed where it is necessary to replace an existing private water well on a case-by-case basis, and will hold isolation distances as the highest priority to promote and maintain public health and water well system functioning.
   (I)   The Health Officer may impose conditions on the location and construction of private water wells regulated under this chapter, on a case-by-case basis, to protect the public health or safety of the groundwater. Any such conditions shall be explicitly stated in the permit and may include, but are not limited to, additional testing requirements, special casing and grouting procedures, modified well screening depth requirements, and increased minimum separation distances for any proposed well location.
   (J)   After the work of drilling a private water well is complete, the water well driller shall place a permanent identification on the well cap, at least 12 inches above the ground, that clearly states the name and state license number of the well driller or company that drilled the well.
(Ord. 2017-24, passed 11-20-2017) Penalty, see § 53.99