(A) Application. No groundwater well used for residential, commercial and/or industrial purposes may be used, installed or allowed to exist within the city unless specifically authorized by a permit issued by the city. Any person seeking a permit for use of groundwater pursuant to the requirements of this chapter, and all persons owning or operating a groundwater well at the time of this chapter’s enactment who wish to continue the use thereof, shall complete and file with the city an application on the form prescribed by the Planning and Zoning Chairperson.
(1) In support of any permit application, an applicant shall submit the following information:
(a) Name, address and Social Security number or tax identification number of applicant;
(b) Name and address of the owner of the parcel of real property upon which the well head for the existing or proposed groundwater well is or will be located;
(c) Proposed use(s) for the groundwater;
(d) Estimated gallons of groundwater to be used per day/month/year;
(e) Size and maximum capacity of the existing or proposed groundwater well; and
(f) Depth, design and installation and construction details of the existing or proposed groundwater well.
(2) Any other information as may be deemed by the city to be necessary to evaluate the permit application, including, but not limited to, scientific testing to assess whether an existing or proposed groundwater well and groundwater use will constitute a danger to the health, safety and welfare of any person.
(B) Issuance, conditions and term.
(1) The city will evaluate the data and information furnished in any application and may require additional information, design or capacity changes, conditions on use or other modifications to the application or the proposed groundwater well before approving or denying the issuance of a groundwater use permit. If the city requests scientific testing and information to assess whether a proposed groundwater well and groundwater use will constitute a danger to the health, safety and welfare of any person, the person seeking the permit for the groundwater well shall bear the cost of completing the testing and compiling such information.
(2) The city will not issue a groundwater use permit to any applicant unless the city has:
(a) Approved the permit application, the proposed groundwater use, the groundwater well design, and any other additional information, conditions or modifications requested of or from the applicant; and
(b) Determined that the existing or proposed groundwater well and groundwater use will not constitute a danger to the health, safety and welfare of any person.
(3) A groundwater use permit shall incorporate all information in the approved permit application and shall contain any conditions, limitations or modifications deemed necessary by the city to protect the public health, safety and welfare and to comply with all prior city recommendations regarding groundwater wells and groundwater use. Permits shall remain effective until such time as the groundwater well is no longer used or the permit is revoked, whichever occurs first. A permit must be transferred to a new user within 30 days of any change in the owner or operator of a permitted groundwater well. Transfer of a permit is effected by written notice to the city by the permittee.
(C) Revocation.
(1) Any user of a permitted groundwater well that violates the following conditions is subject to permit revocation.
(2) Violations subjecting a user to possible permit revocation include, but are not limited to, the following:
(a) Failure to notify the city of any changes in the manner of usage, purpose of usage or in the volume of groundwater used;
(b) Usage of groundwater for purposes other than the original purpose(s) for which the permit was granted;
(c) Violation of any conditions, limitations or terms of the permit; and
(d) Failure to transfer a permit upon change in the owner or operator of a permitted groundwater well.
(3) Permits may be revoked at any time by the city if it determines that the current or reasonably anticipated use of groundwater constitutes a danger to the health, safety or welfare of any person.
(D) Amendment. The city reserves the right to amend any permit, or any term or condition thereof, based on changed conditions, on any changes in the manner of groundwater usage, or on changes in the volume of groundwater used, or to assure protection of the public health, safety or welfare. A permittee shall be informed of any proposed amendments to a permit at least 30 days prior to the effective date of such amendment; provided, however, that no advance notice shall be necessary for any permit amendment required to address immediate endangerment of public health, safety or welfare.
(Ord. C-5, passed - -)