(A) Definitions.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEWATERING WELL. A temporary water well that:
1. Is used as part of a construction project to remove water from a surface or subsurface area; and
2. Ceases to be used upon completion of the construction project or shortly after completion of the project.
DEWATERING WELLS are not subject to this section.
GROUND WATER. Water occurring beneath the surface of the ground regardless of location or form, as defined in I.C. 25-39-2.
HEALTH OFFICER. The County Health Officer, or the authorized representative thereof, and shall have the same meaning as LOCAL HEALTH OFFICER in I.C. 16-18-2-212 and I.C. 16-20.
PERSON. Any individual, firm, corporation, or partnership.
POTABLE WATER. Water suitable for human consumption.
PRIVATE WATER SUPPLY. One or more sources of ground water, including facilities for conveyance thereof, such as wells, springs, and pumps, other than those serving a municipality, or those operating as a public utility under the rules of the State Public Service Commission, or those defined as a public water supply well.
PUBLIC WATER SUPPLY WELL. As defined in 312 I.A.C. 13-1-20, a well that provides a source of water to a public water system, as defined in 327 I.A.C. 8-2-1, that serves either of the following:
1. At least 15 service connections used by year-round residents, or regularly serves at least 25 year-round residents; or
2. At least 15 service connections used by non-residents, or regularly serves 25, or more, non-resident individuals daily for at least 60 days per year.
PUBLIC WATER SUPPLY WELLS are not subject to this section.
PUMP INSTALLER. Any individual, partnership, firm, or corporation that installs a pump in a well, or opens the well to service a pump, and is licensed by the State Department of Natural Resources under 312 I.A.C. 13-2-1.
RESIDENTIAL WELL. Any well drilled for the use of one or two dwelling units.
WELL. As defined in I.C. 25-39-2, a hole drilled or driven to:
1. Obtain geologic information on aquifers;
2. Monitor the quality or quantity of ground water;
3. Obtain ground water; or
4. Utilize the geothermal properties of earth formations.
WELL DRILLER. Any individual, partnership, firm, or corporation that produces, or contracts to construct, a well, and is licensed by the State Department of Natural Resources under 312 I.A.C. 13-2.
WELL OWNER. The legal owner of the real estate containing the well site.
WELL REPAIR. Any work on a well, well pump, or accessory lines thereto when the pitless adaptor is removed, or separated, from a well that is not a public water supply well.
(2) The definitions in this section are in addition to those contained in I.C. 25-39-2, 312 I.A.C. 12-1, 312 I.A.C. 13-1, and 327, I.A.C. 8, and apply throughout this section.
(B) Exceptions. This section shall not apply to public water supply wells.
(C) Permits.
(1) Before commencement of construction of a well or geothermal heat pump system utilizing a well, a well repair, or a pump installation, the owner, or agent, shall obtain a written permit signed by the Health Officer.
(a) No person shall perform any work on such project until such permit is obtained.
(b) The application for such permit shall be made on a form provided by the County Health Officer, which applicant shall supplement by any plans, specifications, and other information as deemed necessary by the County Health Officer. Such permit shall be void if the installation is not completed in one year.
(2) In emergency situations, the applicant for the well permit shall notify the County Health Department of the pending well installation prior to such installation. The well permit application shall be submitted with signatures within 24 hours of the first regular scheduled workday after the start of the emergency installation, and the application shall provide details regarding the specific situation that mandated the emergency well installation.
(3) It shall be unlawful for any person to install a well or well pump, or to perform a well repair in the county who does not possess a valid permit from the County Health Officer.
(4) Only persons who comply with the applicable requirements of this section will be entitled to receive and retain such a permit.
(5) Any permits issued by the County Health Officer shall contain the name of the property owner, site address, the parcel ID for the property on which the well will be drilled, and other pertinent information required by the Health Officer.
(D) Permit fees. A permit fee of the amount specified in § 37.28, shall be paid to the County Health Department at such time as an owner, or his or her agent, makes application for a well or pump permit.
(E) Minimum requirements.
(1) All water well drillers and pump installers operating in the county shall comply with the terms and provisions of this section and the incorporated articles. All water well drillers and pumpinstallers operating in the county shall comply with the licensing requirements of I.C. 25-39-3.
(a) Except as otherwise provided in this section, any new groundwater well located in the county shall be operated in compliance with technical criteria and regulatory compliance set out in 312 I.A.C. 12 and 13, and I.C. 14-25 and I.C. 25-39. Two copies of each are kept on file in the County Health Department for public inspection.
(b) It shall be the responsibility of the property owner and the well driller to submit to the County Health Department the following reports, within 30 days of well drilling:
1. Well drilling logs;
2. Bacteriological water sample results;
3. Water pump technical specifications; and
4. Other reports requested by the County Health Department, or any other county, state, or federal department or agency.
(2) Any time a repair is made to an existing well, the well must be fitted with a pitless adaptor and the well casing extended to one foot above ground level, and if located in a designated flood hazard area, must be at least two feet above the elevation of the regulatory flood, or the well must be fitted with a well seal.
(3) (a) Private water supply wells and open loop geothermal heat pump systems serving a residence(s), and wells used for irrigation or livestock shall be located to protect against surface drainage and flooding, and shall maintain the following minimum separation distances from sources of contamination:
1. Gravity sewers outside of building foundations, but within 18 inches vertical distance, or with ten feet horizontal distance, of potable water lines; and
2. The components listed in the table below:
Component
|
Measurement
|
Component
|
Measurement
|
Buildings, building overhangs | 5 ft. |
Privies | 50 ft. |
Property lines | 25 ft. |
Septic tanks, absorption fields | 50 ft. |
Sewage pits, dry wells | 100 ft. |
Sewer pipes | 30 ft. |
*Sewer pipe, with gasket compression-type joints | 10 ft. |
Stables, livestock runs, manure piles | 50 ft. |
Streams, lakes, ponds | 25 ft. |
Notes to Table * PVC ASTM-D 3034 SAR 26, or ASTM-D 2241 SAR 13.5, 17, 21, or 26. | |
(b) Private water supply wells and open loop geothermal heat pump systems serving other than a residence consisting of not more than two dwelling units shall maintain the following minimum separation distances from sources of contamination:
1. Gravity sewers outside of building foundations, but within 18 inches vertical distance, or within ten feet horizontal distance of potable water lines; and
2. The components listed in the table below:
Component
|
Measurement
|
Component
|
Measurement
|
Buildings, buildings overhangs | 5 ft. |
Privies | 100 ft. |
Property lines | 5 ft. |
Septic tanks, adsorption fields, filters | 100 ft. |
Sewer pipe | 30 ft. |
*Sewer pipe, with gasket compression-type joints | 30 ft. |
Sewers and drains | 100 ft. |
Streams, lakes, ponds | 50 ft. |
Notes to Table * PVC ASTM-D 3034 SAR 26, or ASTM-D 2241 SAR 13.5, 17, 21, or 26. | |
(c) The Health Officer, or the County Health Board may waive, by written documentation, the requirements set forth in divisions (E)(3)(a) and (E)(3)(b) above when it is not considered to endanger public health, and if it is not in conflict with any other state requirements.
(d) Well heads and well casing openings shall not be located in any pit, room, or space extending below the established ground surface, except when permitted by the Health Officer, and under such conditions and construction requirements as is prescribed by the County Board of Health.
(4) Groundwater wells must be properly abandoned in accordance with 312 I.A.C. 13. Any groundwater well connected to an existing structure that is scheduled for demolition must be either:
(a) Properly abandoned in accordance with 312 I.A.C. 13, or other applicable regulations, with written verification submitted to the Health Officer prior to initiating demolition of the structure; or
(b) Located by global positioning system for later abandonment, with written notification and well location submitted to the Health Officer prior to initiating demolition of the structure.
(F) Compliance, inspection, permit revocation.
(1) It shall be the duty of the well driller, and the owner of the property on which the well is drilled, to notify the County Health Department when the well and appurtenances are available for inspection. The Health Officer must be permitted to inspect the well and appurtenances at any reasonable time.
(2) (a) It shall be the duty of the County Health Officer to enforce this section.
(b) The Health Officer is authorized by the permittee to perform any activities that, in the Health Officer’s opinion, are required to enforce this section.
(c) These activities may include, but are not limited to: inspections; copying and reviewing documentation; obtaining samples; obtaining ground water samples; obtaining surface water samples; monitoring activities; and other duties.
(3) If, during an inspection of any water well located in the county, the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, he or she shall issue a written order listing such violation to the property owner, and setting a date by which the violation shall be abated. A copy of the written order shall be filed in the County Health Department.
(4) (a) Violators of this section shall be served a written initial notice of violation, whether in person or by any other manner reasonably decided to result in actual notice, including certified mail.
(b) Such order shall state the violation, order the abatement of the violation, and provide a reasonable time for abatement, or notify the violator of his or her right for a hearing before the County Board of Health.
(5) (a) If the violation is not satisfactorily abated within the specified time, a second notice of violation shall be served, in the same manner as specified for initial notices, and containing the same information as specified for initial notice of violation.
(b) If the conditions continue following the specified period of time, the matter shall be referred to the attorney for the County Health Department, or the County Prosecutor, for appropriate legal action and possible revocation, or modification, of the permit as specified in this section.
(6) Any permit granted by the County Health Department may be revoked, or modified, by the Health Department for any of the following causes:
(a) Violation of any condition of the permit;
(b) Failure to disclose all of the relevant facts;
(c) Any misrepresentation made in obtaining the permit; or
(d) Any change, situation, or activity relating to the use of the permit, which, in the opinion of the Health Officer, is not consistent with the purpose of this section.
(7) The Health Officer may revoke the permit and promptly give written notice of the action to the permittee. The Health Officer shall maintain a permanent record of proceedings, filed in the office of the County Health Department.
(a) Any person aggrieved by the revocation or modification of a permit may appeal the revocation or modification to the County Board of Health as the appropriate board for an administrative review under I.C. 4-21.5-3. The Administrative Adjudication Act is hereby adopted by reference.
(b) Pending the decision resulting from the hearing under I.C. 4-21.5-3 concerning the permit revocation or modification, the permit shall remain in force. However, the County Health Department may seek such injunctive relief in regard to the activity described in the permit while the decision resulting from the hearing is pending.
(G) Authority to inspect and copy records. The Health Officer may inspect and investigate complaints pursuant to I.C. 16-20-1-23 to determine compliance with this section. The property owner shall permit the Health Officer to collect evidence and/or exhibits, and to routinely inspect, investigate complaints, and copy any records relative to the enforcement of this section.
(Ord. 2016-37, passed 12-27-2016) Penalty, see § 50.99