§ 82-40 GROUNDWATER WELLS.
   (A)   Defined Terms. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ERO AREAS. The areas confined within the boundaries depicted by Exhibits A, B, C and D, attached to Ord. 2021-0020.
      WATER WELL. Any well system which extracts groundwater for potable use, such as human or animal consumption, bathing, showering, cooking, or other similar use; however, the term WATER WELL shall not mean groundwater wells used as part of an environmental investigation or remediation project.
   (B)   Prohibition against new water wells within the ERO areas. This section prohibits the installation of any new wells within the entire city limits of Martinsville. This prohibition includes the ERO areas as defined by Exhibits A, B, C and D attached to Ord. 2021-0020.
   (C)   Prohibition against use of groundwater within the ERO specified areas. In addition to no new wells, this section further prohibits any person, including any corporation, partnership or association from using groundwater for potable purposes within the ERO areas.
   (D)   Limitations upon the use of existing water wells in the ERO areas. Water wells in existence in the ERO areas prior to the effective date of this section may be used only for non-potable uses which do not involve human or animal consumption, bathing, showering, cooking, or similar uses, or threaten human health and the environment.
   (E)   Enforcement. The City of Martinsville Water Utility Office shall be authorized to enforce this section and collect any fines generated as a result of violations of this section. Violations of this section shall be punishable by a fine not to exceed $100 per day and by injunction. Each day a person installs or uses a water well, or groundwater, in violation of this section, shall constitute a separate violation.
   (F)   IDEM notification. Pursuant to I.C. 36-1-6-11 and 36-4-6-14, unless waived by IDEM after written request, the Council must give written notice to IDEM (1) not later than 60 days before amendment or repeal of an environmental restrictive ordinance; and (2) not later than 30 days after passage, amendment, or repeal of an environmental restrictive ordinance. The aforementioned notices to the IDEM are required upon written notification to the city that IDEM will be relying on the ERO as part of a risk-based remediation proposal. Written notices to IDEM shall be mailed or delivered to the following address or any revised address provided in writing by the department or its successor agency:
         IDEM, Office of Land Quality
         Remediation Services Branch
         Attn: Branch Chief
         IGCN - Suite 1101
         100 N. Senate Avenue
         Indianapolis, IN 46204-2251
(Ord. 2020-0008, passed 9-28-2020; Ord. 2021-0020, passed 9-27-2021)