(A) Construction, modification, or sealing.
(1) General. No person shall construct or modify a water well or a closed loop well, or seal a well without the prior approval of the Health Officer. The approval shall include the approval of a site plan, as specified in this section, for the proposed construction, modification, or sealing, and the issuance of a permit to conduct the permitted work.
(2) Construction, modification, or sealing without a valid permit. A person who constructs or modifies a water well or closed loop well(s), or seals a well without a valid permit or prior verbal approval to begin work from the Health Officer shall be subject to enforcement actions as described in §§ 170.09 through 170.12. Additionally, a penalty fee may be assessed as set by the current fee schedule adopted by the County Board as codified in § 178.01.
(3) Permit expiration. A permit approved for the construction or modification of a water well or a closed loop well(s), or the sealing of a well shall be valid for a period of 12 months from the date of approval. If construction or modification of the water well or closed loop well(s) or sealing of the well has not started at that time, the permit is void.
(4) Application form. An application for a permit to construct or modify a water well or a closed loop well(s), or seal a well shall be made in writing on forms provided by the Illinois Department of Public Health or the Health Officer.
(5) Site plans. A plan shall be submitted with an application for a permit as specified in this section. The site plan shall meet the following minimum standards:
(a) Applications to construct or modify a water well submitted with onsite wastewater treatment system site plans. When the construction or the modification of a water well is proposed in conjunction with a site plan to install an onsite wastewater treatment system or system component, the location of the water well shall be indicated on that site plan. The onsite wastewater treatment system site plan shall indicate the location of any available community water system, as defined in § 170.04, or shall contain a statement clearly indicating that no community water system is available.
(b) Applications to construct a water well submitted without onsite wastewater treatment system site plans. When the construction of a water well is proposed, but is not in conjunction with a site plan to install an onsite wastewater treatment system or system component, a valid plat of survey or a site plan to a scale of 1"=10', 1"=20', 1"=30' or 1"=40' shall accompany the application, drawn legibly on a minimum size sheet of eight and one-half inches by 11 inches, clearly indicating:
1. The location of all closed loop wells and sources of contamination on the subject property or on neighboring properties that are located, from the proposed water well, a distance equal to, or less than that specified in the "Minimal Lateral Distances in Feet Between Water Wells, Closed Loop Wells and Sources of Contamination" Table in the Water Well Construction Code or as specified in this subchapter;
A. Where the closed loop well or source of contamination is located, from the proposed water well, a distance greater than that specified in the "Minimal Lateral Distances in Feet Between Water Wells, Closed Loop Wells and Sources of Contamination" Table in the Water Well Construction Code or as specified in this subchapter, the site plan shall contain a statement that clearly indicates that information.
2. The location of the proposed or existing water line that will convey water from the proposed water well;
3. The location of all existing water wells, if any, on the property on which the water well is proposed; and
4. The location of an available community water system, if any, as defined in § 170.04, or a statement clearly indicating that no community water system is available.
(c) Applications to modify a water well submitted without onsite wastewater treatment system site plans. When the modification of a water well is proposed, but is not in conjunction with a site plan to install an onsite wastewater treatment system or system component, a valid plat of survey or a site plan to a scale of 1"=10', 1"=20', 1"=30' or 1"=40' shall accompany the application, drawn on a minimum size sheet of eight and one-half inches by 11 inches, which shall be legible, clearly indicating:
1. The location of all closed loop wells and sources of contamination on the subject property or on neighboring properties that are located, from the proposed water well, a distance equal to, or less than that specified in the "Minimal Lateral Distances in Feet Between Water Wells, Closed Loop Wells and Sources of Contamination" Table in the Water Well Construction Code or as specified in this subchapter;
2. The location of the proposed or existing water line that will convey water from the proposed water well; and
3. The location of all existing water wells, if any, on the property on which the water well is proposed.
(d) Applications to seal a well. When a well is to be sealed on a property where the building it served is to be demolished, a valid plat of survey or a site plan to a scale of 1"=10', 1"=20', 1"=30' or 1"=40' shall accompany the application, drawn legibly on a minimum size sheet of eight and one-half inches by 11 inches, clearly indicating the location of the well to be sealed.
(e) Applications to construct or modify a closed loop well. When the construction or modification of a closed loop well(s) is proposed, a valid plat of survey or a site plan to a scale of 1"=10', 1"=20', 1"=30' or 1"=40' shall accompany the application, drawn legibly on a minimum size sheet of eight and one-half inches by 11 inches, clearly indicating:
1. The location of all water wells and sources of contamination on the subject property or on neighboring properties that are located, from the proposed closed loop well(s), a distance equal to, or less than that specified in the "Minimal Lateral Distances in Feet Between Water Wells, Closed Loop Wells and Sources of Contamination" Table in the Water Well Construction Code or as specified in this subchapter;
A. Where the water well or source of contamination is located, from the proposed closed loop well(s), a distance greater than that specified in the "Minimal Lateral Distances in Feet Between Water Wells, Closed Loop Wells and Sources of Contamination" Table in the Water Well Construction Code or as specified in this subchapter, the site plan shall contain a statement that clearly indicates that information.
2. A description of the heat exchange fluid to be used in the closed loop well system.
(6) Plan review. Upon receipt of an application, site plans as specified in this section, and receipt of the appropriate fee, the Health Officer shall review the application and site plan for compliance with this subchapter, and shall approve, approve with comments, or deny approval of the application and site plan.
(7) Notification of non-approval. The Health Officer shall notify an applicant whose application is not approved of the reason(s) preventing the approval and of any technical or administrative solution remaining.
(B) Non-community water systems.
(1) General. No person shall operate a non-community water system without a valid permit issued by the Health Officer. The permit shall be renewed annually. The permit shall be posted in public view.
(2) Approval to operate. Before approving a permit to operate a non-community water system, the Health Officer shall inspect the water system to determine compliance with the provisions of this subchapter.
(C) Supplemental irrigation wells.
(1) General. No person shall operate a supplemental irrigation well without registering the supplemental irrigation well with the Health Officer. The Health Officer shall deem the registration issued when the following requirements are met:
(a) Conditions for approval/issuance or registrations. Before issuing a registration to operate a supplemental irrigation well, the Health Officer shall:
2. If the property is located within a municipality, receive assurance that approval to maintain and operate the supplemental irrigation well is granted by the municipality;
3. Receive assurance that the registration certificate has been recorded with the property with the Lake County Recorder of Deeds and shall run with the land.
(2) Owner's responsibilities. If the Health Officer refuses to issue a supplemental irrigation well registration because it does not meet the requirements of § 170.07
(D)(2), the owner must correct the deficiency or deficiencies in the construction of the water well, or must seal the well in accordance with the requirements of this subchapter.
(D) Restrictions.
(1) Community water system availability. The Health Officer shall refuse to grant a permit to construct a water well where a community water system is available, unless the water well will be used for non-potable purposes. If a non-potable water well is proposed where a community water system is available, the Health Officer shall refuse to grant a permit without written approval from the controlling authority of the community water system. Additionally, if the property is located within a municipality, written approval to allow the water well must also be granted by the municipality.
(2) Property boundaries. Water wells and closed loop wells shall be located inside the property boundaries of the serviced property, dwelling, or establishment. Whenever possible, and as determined by the Health Officer, the minimum lateral distances from a proposed water well or closed loop well(s) to potential sources of contamination shall be contained on the property on which the water well or closed loop well(s) is proposed, and the minimum lateral distances from a proposed closed loop well(s) to water wells shall be contained on the property on which the closed loop well(s) is proposed, where neighboring properties are affected.
(3) Shared water wells. The Health Officer shall refuse to issue a permit to construct a new water well that will serve more than one single-family dwelling, or more than one unit of a multifamily dwelling where the residents own their individual units in the building.
(a) Conditions allowing approval of shared water wells. The Health Officer shall consider for approval a permit to construct a new water well that will serve more than one single-family dwelling, or more than one unit of a multifamily dwelling where the residents own their individual units in the building when:
1. The applicant(s) submit a variance request in accordance with § 170.08; and
2. A legal document(s) is submitted that clearly establishes any required easements for the location of the water well and/or water lines, the costs and obligations for the upkeep and maintenance of the water system, the continuation of the agreement for new property owners, and any other special conditions unique to the affected properties. After review and approval by the Health Officer, the document(s) shall be recorded with the affected properties with the Lake County Recorder of Deeds and shall run with the land of the affected properties.
(b) Approval of the permit will not be granted until the Health Officer has received and approved the required documentation, and has determined that there is a valid public health, economic, and/or water quality issue that warrants the granting of the permit. Final approval for the shared water system will not be granted until the required documents are recorded with the affected properties.
(4) Geothermal heat exchange water well systems.
(a) A permit shall be required to construct a water well to be used for a geothermal heat exchange system.
(b) The system shall be closed and shall return the water to the aquifer from which it was drawn.
(c) There shall be no chemicals added to the water used for the geothermal exchange system.
(5) Additional minimum lateral distance to sources of contamination.
(a) The following minimum lateral distances to sources of contamination shall be enforced by the Health Officer in addition to the minimum lateral distances specified in the "Minimal Lateral Distances in Feet Between Water Wells, Closed Loop Wells and Sources of Contamination" Table of the Water Well Construction Code:
Sources of Contamination | Minimum Lateral Distance for Clay and Loam Soils
|
In-ground swimming pool | 10 feet |
Septic field (soil absorption component) reserve area | 75 feet |
(6) Excluding water bearing formations. Upper water bearing formations shall be excluded by installing casing or a liner, grouted in place in accordance with the grouting requirements of the Water Well Construction Code, whenever a water well is constructed to withdraw water from a deeper formation.
(7) Closed loop well construction, modification and sealing requirements. Closed loop wells shall be constructed, modified and sealed in accordance with the requirements of the Water Well Construction Code.
(E) Fees. Fees for permits shall be assessed in accordance with the current fee schedule adopted by the County Board as codified in § 178.01.
(1977 Code, § 2:1-15) (Ord. [Bd of Health Ord., Art. XV] passed 11-13-2007; Am. Ord. 15-1242, passed 12-8-2015)