§ 52.11 WATER WELLS.
   (A)   This section prohibits the installation of water wells within the city, except for lawn irrigation wells.
   (B)   Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   LAWN IRRIGATION WELL. Any well drilled solely for the purpose of taking water for the irrigation of lawns, gardens, shrubbery, trees, or other landscaping within the city.
      (2)   WELL. A well drilled for the purpose of taking water within the city.
   (C)   Well construction. No well may be drilled within the city, except for lawn irrigation wells as defined above. Lawn irrigation wells may not be constructed so that piping is installed in any structure or building that also contains water supply piping connected to the municipal water system of the city. A lawn irrigation well may not be drilled so that the well is capable of drawing water from any aquifer which the city uses to supply water to the municipal water supply system of the city.
   (D)   Application fee. A person desiring to drill a lawn irrigation well shall make application to the City Manager or designee. The application shall be in writing and shall contain all pertinent information concerning the size, depth, and location of the proposed well, and a statement of the purpose(s) for which water will be used. Such application shall be accompanied by a permit fee in the amount established by resolution of the Commission.
   (E)   Compliance. Before a permit will be issued, the applicant must establish that the lawn irrigation well will comply with this chapter and all other applicable governmental regulations.
   (F)   Hearing. If an applicant is denied a permit to drill a lawn irrigation well, the applicant may request a hearing with the Commission. The Commission shall hold a hearing on the application as it may deem necessary and may grant or deny issuance of a permit to construct a lawn irrigation well. If granted, the permit shall contain such reasonable terms and conditions as the Commission may deem necessary. These requirements may relate to the relative depth or size of the lawn irrigation well, the use and disposal of water taken, and the construction and testing requirements for the operation of the well.
   (G)   Regulations.
      (1)   When any permit is granted for drilling a lawn irrigation well, the well shall be drilled within strict conformity and in compliance with the regulations contained in the permit. The well shall be subject to inspection at all reasonable times by the Water Department of the city.
      (2)   If piping interconnections to the city water system are identified in conjunction with any well, the city has the right to immediately disconnect the city water supply from the property. The water supply will not be reinstalled until the interconnection is eliminated.
   (H)   Deposition of waste. No water from lawn irrigation wells within the city shall be permitted to enter the sewer system of the city unless the water first passes through a meter approved by the Water Department and installed on the water well.
   (I)   Sewer charges. Water from lawn irrigation wells deposited in the sewer system of the city shall be subject to the same charges as are provided for sewage treatment of water from the city water system.
   (J)   Revocation. Any permit granted under this section shall be revocable upon the violation of any of the permit requirements. Prior to revoking such permit, the city shall give to the owner or operator of such lawn irrigation well at least 30 days' written notice of its intent to revoke the permit. The notice shall be deemed sufficient if served upon the owner personally, or by registered mail or regular mail and by posting a copy on the premises where the lawn irrigation well is located, in the event that personal service is not made. Use of water shall be discontinued upon revocation of the permit, and the well shall be capped or otherwise treated as required by applicable law.
   (K)   Purpose. The purpose of this section is to provide for and protect the general public health and welfare of the people of the city.
(Ord. 774, passed 8-28-95; Am. Ord. 899, passed 7-26-04) Penalty, see § 52.99