(A) A person may install or utilize, or allow, permit or provide for the installation or utilization of, a well within the city if any of the following exceptions applies and the requirements of the exception are complied with:
(1) Groundwater monitoring. A well may be installed or utilized for groundwater monitoring or remediation as part of response activities approved by the USEPA or MDEQ, or consistent with a plan meeting the requirements of applicable federal or state environmental law, without prior approval or issuance of a permit by the city.
(2) Construction dewatering. A well may be used for construction dewatering, subject to issuance of a well permit by the city, if the following conditions are satisfied: the use of the dewatering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones or adverse hydrogeological effects on contaminated groundwater plumes. The burden and cost of making the determinations under this subsection and properly handling and disposing of water shall be borne solely by the person proposing to install the dewatering well, which costs shall include the actual cost for the city's staff or professional contractors reviewing such determinations and issuance of any permit required under this chapter; and the water generated by the dewatering activity is handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, orders and directives of any governmental entity or agency of competent jurisdiction. Any exacerbation of contaminated groundwater, any release of hazardous substances or any violation of any other federal, state or local law which is caused by the use of the well under this exception shall be the responsibility of the person operating the dewatering well.
(3) Public emergencies. A well may be used in the event of a public emergency, as such an emergency is determined by the city.
(4) Pre-existing wells. Pre-existing wells may continue to be used for the purpose constructed until such time as they require replacement. Connection must then be made to the public water supply if available within 200 feet. If public water service is not available to properties with existing wells, a new well may be constructed.
(B) Under this section, a right-of-way permit shall be required prior to installing any well in a city-owned right-of-way except in the case of a public emergency.
(Ord. 16.1, passed 9-1-09)