(A) For purposes of this section, WATER WELL shall mean any excavation that is drilled, corralled, bored, washed, dug, driving, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal property of the ground or extracting water from or injecting water into the underground water. WATER WELL shall not include any excavation made for obtaining or prospecting for oils, natural gas, mineral, or products mined or quarried or inserting media to repressure oil or natural gas bearing formation. The intent of this section is to establish control by the village over the location of future potential sources of contamination within the village and the extraterritorial jurisdiction of the village’s drinking water system, so as to prevent or minimize any hazards to the safety of the village’s drinking water.
(B) It shall be unlawful to place, construct, or replace any of the water wells in the village limits except for the purpose of geothermal property of ground through closed loop geothermal systems, which must be approved by permit.
(C) The construction of a geothermal closed loop within the corporate limits or construction of a water well within one mile of the corporate limits of the village shall not be started unless a permit approved by the Village Board.
(D) The village may consider permits to allow placement of water wells within one mile of corporate limits and for closed loop geothermal wells as under criteria defined by the state regulations governing public water supply systems (Title 179, NAC2) and state regulations governing water well construction, pump installation and water well abandonment standards (Title 178, NACI2), as amended from time to time. Placement shall be allowed only under the following conditions:
(1) The village shall refer the application to its engineer for evaluation and report. The estimated cost of the engineer’s fees must be paid at the time of filing the application. Any additional costs which are reasonably incurred by the engineer in making his or her examination and report shall be paid by the applicant in addition to any previously paid estimated costs.
(2) The Village Board shall consider the engineer’s report and any additional information submitted by the applicant. In reaching its decision on whether to allow the placement of a water well, as defined in division (A) above, the village must act to prevent all sources of possible or likely water contamination.
(3) If, in the opinion of the Village Board, the proposed use poses a risk of contaminating a village water supply well, he or she shall deny the permit. The applicant may appeal the decision of the Village Board by filing an appeal with the Village Clerk within 30 days of the Village Board’s decision. Appeal of the decision of the Village Board shall be to the District Court of the county within 30 days of the Village Board’s decision.
(4) If the Village Board approves the installation, it shall submit the application together with the engineer’s report to the State Department of Health for a final approval or denial. No installation shall be made without the approval of both the Village Board and the State Department of Health.
(E) Water wells in existence and use shall continue to be permitted unless such continued existence or use presents a hazard to the quality of the drinking water available for public use to the village. The owner of any water well shall have the burden of establishing the existence and use of such well at the time of the effective date of this section.
(F) It shall be unlawful for any wells that are governed by this section to be discharged into the sewer system of the village.
(Ord. 360, passed 3-2-2010) Penalty, see § 50.99