6-3-1: NONPOTABLE COMMUNITY WELLS:
   (A)   License And Fee: Any person, firm, corporation or any other entity, which wishes to own or operate a well, which pumps water for a use other than the supply of potable water to a single building or residential unit shall procure a license from the village. The fee for that license shall be fifty dollars ($50.00). The applicant shall state the location of the well, the depth to which the well is expected to be drilled, or has been drilled, if the well shaft has been drilled but the well is not yet operational, the name of the entity that drilled the well, and the purpose for which the water is to be used. Before issuing a license, the village may seek a written report from the village engineer as to whether a well at this location or depth will interfere with the potable water supply provided by the village to its citizens or present other health and safety hazards. In the event that the construction of the well will not automatically create health, safety or capacity concerns, a permit shall be issued, and the well may be constructed and operated subject to the regulations contained in subsection (B) of this section, or otherwise contained in village ordinances. If the well has not been drilled, the applicant shall provide to the village, within fifteen (15) working days after completion, a statement as to the final depth of the completed well. An application relating to the expansion of the well shall be filed and a new permit issued under the same terms and conditions as set forth above, if the well is to be expanded or deepened.
   (B)   Inspection And Equipment:
      1.   The owner or operator of the well shall not place it into operation without offering the municipality a period of at least seven (7) working days after a notice is given to inspect the completed well. If the well includes a structure which would require a permit under the ordinances of the village, such a permit shall be sought as well as any other required permit, such as an electrical permit. If, during the inspection process, the village should find that the well has not been built in accordance with the original application, or in accordance with this section, the owner or operator shall not commence the operation of the well until the facility shall so comply.
      2.   The owner or operator shall install, at the owner's or operator's cost, equipment, as a part of the well, which will perform the following functions:
         (a)   A flow meter showing the total gallons pumped by the well;
         (b)   An hour meter, which will record the gallons pumped per minute;
         (c)   A gauge or other device showing the water levels both during static periods and during pumping.
   The owner or developer shall seek the authorization of the village to install devices to perform these readings, but the village shall not unreasonably refuse to approve the installation of equipment which will accurately provide such information.
   The owner or operator of the well shall report on the information and calibration provided by such monitoring devices on such a schedule as the village shall require, but, in any case, not less frequently than every month.
   (C)   Suspension Of Well: In the event that the village president should conclude that the continuing operation of the well is likely to imminently endanger the public health or safety, or to diminish the supply of potable water available within the village, he or she may order, on not less than six (6) hours' notice, the temporary suspension of the operations of the well. Such notice shall be delivered in writing to the person or entity known to be the owner of the well or the person or entity with operational control of the well. That owner or operator shall immediately suspend the use of the well. The initial suspension may not be for a period of more than fourteen (14) days, and during that period of time, the village president shall schedule a hearing to determine whether the nature of the suspension may be modified from a complete termination of operations to a lesser restriction or whether the termination shall continue until the health, or safety hazard, or the capacity problem has ceased. The village determines, as a matter of public policy, that the protection of the municipal potable water system is superior to that of nonpotable water uses until the danger to health, safety or capacity has ceased or diminished.
   (D)   Penalty: Any person, firm, corporation or any other entity, which violates any of the provisions of this section shall, upon conviction thereof, be fined not less than five hundred dollars ($500.00) for each offense, nor more than seven hundred fifty dollars ($750.00) for each offense. Each day during which a violation occurs shall be considered a separate offense. In addition, the village may seek injunctive or other relief necessary to implement the terms and conditions of this section. (Ord. 03-06, 6-16-2003; amd. Ord. 07-13, 8-6-2007)