SECTION:
3-11-1: Title
3-11-2: Definitions
3-11-3: Restrictions
3-11-4: Authorized Wells
3-11-5: Revocation
3-11-6: Property Authorized For Well Use By Permit
3-11-7: Control Valves
3-11-8: Domestic Wells Serving Newly Annexed Property
3-11-9: Marking
3-11-10: Administration
3-11-11: Interpretation, Conflict With Other Laws
3-11-12: Validity
3-11-13: Violations And Civil Penalties
As used in this chapter, unless the context otherwise requires:
PERSON: Any individual, partnership, corporation or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
WATER WELL: Any digging, drilling or excavation, by hand or by the use of machinery or equipment, whereby water is obtained from under the surface of the ground to be used on or above the ground surface. (Ord. 2492, 2-27-1989; amd. Ord. 2811A, 10-6-1997)
No other water well is authorized, except as provided in this chapter. Except as may be allowed by the express permission of the city, piping from a water well may not be connected directly or indirectly or cross connected to piping connected to the city's water distribution system. (Ord. 2897, 8-14-2000)
A. Upon obtaining a well permit pursuant to this chapter, a person may use a water well within the city limits for the following purposes:
1. Production of manufactured goods, whether or not such goods are designed for human consumption. Well water used for production of manufactured goods may not be used for other domestic uses except as otherwise allowed by this chapter.
2. Uses not necessitating potable water.
B. A person desiring to install and use a water well shall make application therefor to the building and safety division of the community development department for a well permit. Any such application shall contain the following information:
1. Name of applicant.
2. Purpose for which the well and well water are to be used. For manufacturing uses, a statement of why well water is preferable to city water.
3. A site plan and legal description of the property proposed to contain the well and of the property to be served by the well. The site plan must show the proposed location of the well and well equipment or piping associated with the well water distribution system. The site plan must also show all underground utilities (i.e., water, sewer service, gas, electric, telephone, cable television, etc.). The applicant shall verify utility locations when preparing the site plan by contacting the "one call utility locate system" and shall preserve such evidence on site until the well is drilled.
4. Name of person who will drill the well.
5. Proof that the applicant either has obtained a ground water appropriation certificate from the state of Montana or that a certificate is not required.
C. Before the well is put into operation, the building official will inspect it to determine that the well will be utilized only for permitted purposes and that no unauthorized connections or cross connections from the well to the city's water distribution system have occurred. Cross connections may be authorized by the public works director if the city's water distribution system is protected from backflow from the well according to the applicable plumbing or water quality codes designed to protect public health. The building official will also inspect the drilling premises to determine compliance with subsection E of this section. The building official shall make the investigation necessary to determine that the well being applied for is within the property boundaries described in the application and will not adversely affect city owned utilities (i.e., water and sewer mains, storm drains and similar structures) that may cross through the applicant's property, with or without an easement, as determined by the utility locate verification required in subsection B3 of this section.
D. Notwithstanding any other provisions of this chapter, the permit required hereunder shall be obtained by the person applying for the same or by the drilling firm responsible for drilling the well. The permit is valid for a period of one hundred eighty (180) days from the date of issuance, and if drilling of a new well or development of an existing well is not commenced within that time period, the permit lapses.
E. During the drilling process, any products of the operation shall be confined to the premises upon which the well is being drilled. Discharging of waste materials in or on city rights of way, alleys, streets or drainageways is prohibited. In the event waste materials are improperly discharged, the property owner or driller will be required to complete restoration and cleanup to city specifications prior to final approval of well operation.
F. The building and safety division may grant a permit for the use of a well for one of the purposes announced in this section, but only after making the following findings:
1. For manufacturing purposes:
a. The existence of a bona fide manufacturing or commercial need for the use of well water in the manufacture of a product. For purposes of this section, the mere fact that well water may be less expensive to use in the manufacturing process may not be considered a bona fide manufacturing or commercial purpose;
b. That city water is used to separately supply other water demands on the premises;
c. The well is not directly or indirectly connected or cross connected to the city's water distribution system; and
d. That the applicant has agreed to pay a reasonable fee to the city that will compensate the city for providing standby potable water and sewage services to the manufacturing premises. The fee will be based upon existing rates and charges for utility services then in effect and adopted by the city.
2. For uses not requiring potable water:
a. That the well, its piping, and fixtures will not be directly or indirectly connected or cross connected to the city's water distribution system unless the city's water distribution system is protected from backflow from the well by means approved by the public works director as provided in subsection C of this section; and
b. That the well will be used exclusively for the purpose stated in the application.
3. The application is not a subterfuge for using the well in question for potable human consumption or domestic or commercial uses not allowed by this chapter.
4. Wells producing water that is discharged into the city's wastewater system must have a city approved water meter to measure water produced by the well. (Ord. 3015, 2-28-2005)
Any permit granted under the terms of this chapter may be revoked by the building and safety division of the community development department if it affirmatively appears that the person operating or using said well is doing so in violation of this chapter. Revocations by the building and safety division of the community development department under this section may be appealed to the city manager. Appeals must be made in writing to the city manager within thirty (30) days after mailing the written notice of revocation. (Ord. 2811A, 10-6-1997; amd. Ord. 2897, 8-14-2000)
A well permitted pursuant to the provisions of this chapter and prior city ordinances may be used by an applicant applying for a permit pursuant to this chapter and its use is limited to the property listed on the application. (Ord. 2897, 8-14-2000)
For any authorized well drilled, dug or excavated pursuant to a permit granted hereunder, the city may require that the well be equipped with adequate shutoff valves or control valves for the purpose of controlling the flow of water from the well and for the protection of the city's water system from pollution from a cross connection between well piping and the city's water system. Protection shall consist of installation of a backflow prevention device. The city may require the installation of appropriate backflow protection devices on the city's water system when an existing well is used for irrigation or on any existing or new manufacturing use utilizing a well pursuant to this chapter. (Ord. 2897, 8-14-2000)
Wells actively used as the sole potable water source for domestic purposes on property annexed into the city may continue to be used as the potable water source for the property and may be repaired, replaced, and maintained providing all of the following apply:
A. A permit for the use has been obtained pursuant to this chapter;
B. The quality of the water produced by the well is potable and fit for human consumption and use;
C. Subsequent replacements or renovations of the well do not enlarge the initial capacity of the well as originally developed; and
D. The property cannot reasonably be served by the city's water distribution system. Property served by a well must discontinue the use of that well and connect to the city's water distribution system when the property is capable of being served by city water pursuant to this section. (Ord. 2897, 8-14-2000)
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