§ 52.021 GROUNDWATER CONSUMPTION AND USE.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      HUMAN USE OR CONSUMPTION. For purposes of enforcement of this section, the use of groundwater for watering gardens in which produce intended for human consumption is grown is defined as a HUMAN USE OR CONSUMPTION.
      SECONDARY AND/OR INDUSTRIAL USERS. The use of water for heating, cooling, industrial process waters, washing, boilers, metal rolling or pressing machines. SECONDARY USE includes the watering of greens, golf courses, nursery plants and trees and for irrigation purposes.
   (B)   Existing groundwater wells of cisterns. It shall be unlawful for any person, business or corporation to utilize an existing groundwater well or cistern (or other groundwater collection device) that collects groundwater within the corporate limits of the city for the purpose of utilizing that water for human use or consumption, or for secondary or industrial use without first applying for a permit from the Director of Utilities and Engineering within 60 days of the enactment of this chapter.
   (C)   New groundwater wells or cisterns. It shall be unlawful for any person, business or corporation to drill any new groundwater well or to excavate and install any new cistern (or other groundwater collection device) within the corporate limits of the city for the purpose of utilizing groundwater for human use or consumption. It shall be unlawful for any person, business or corporation to drill any new groundwater well or to excavate and install any new cistern (or other groundwater collection device) within the corporate limits of the city for the purpose of utilizing groundwater for secondary or industrial use without first obtaining a permit from the Director of Utilities and Engineering.
   (D)   Annexation; permit required. Any personal residence, business or corporation that is annexed to the city after the effective date of this section that utilizes a groundwater source for whatever purpose is required to apply for a permit from the Director of Utilities and Engineering within 60 days after the property is annexed into the corporate limits.
   (E)   Exemptions. The following uses shall be exempt from the provisions of this section:
      (1)   The use of an existing cistern for only the collection and storage of surface waters and/or stormwater rain runoff;
      (2)   The installation of groundwater wells for use only in obtaining samples for environmental site monitoring purposes;
      (3)   The installation of any groundwater extraction well as required by any state or federal regulation or the purposes of an environmental cleanup or court mandated action for the protection of the environment, with the exception that the owner shall notify the Director of Utilities and Engineering of the well location;
      (4)   The collection and subsequent secondary or industrial use of any spring water that naturally discharges from the ground to the surface without the aid of mechanical devices to extract the groundwater; and
      (5)   The collection of any groundwater around building foundations or below grade building walls for the purpose of controlling seep water into a residence or other building.
   (F)   Registration. The Director of Utilities and Engineering shall make available a registration form for this permit system that shall state, at a minimum, the street address and legal description of the property upon which the groundwater extraction system is located, the method by which the groundwater is to be extracted, the location of the groundwater extraction system on the property, relative to a property corner and the mailing address and the owner of record of the property. The registration form shall list the specific anticipated uses of the groundwater.
   (G)   Groundwater source map. The Director of Utilities and Engineering shall hereafter maintain a map of the city recording the location of all registered groundwater sources.
   (H)   Inspection. The Director of Utilities and Engineering, his or her authorized representative and the City Plumbing Inspector shall have the right to inspect the installation of each completed project to determine that no cross connections exist between the groundwater source and the city potable water supply as per other applicable provisions of this chapter. Failure to install and properly maintain any required cross connection control will result in the immediate shut off of water service by the city until a time as the appropriate controls are installed or repaired.
   (I)   Discharge of groundwater to sewer system. The discharge of a groundwater source from any business or corporation to the sewer system of the city may also require that an NPDES permit from the Director of Utilities and Engineering be obtained prior to any discharge.
   (J)   Violations. In addition to other remedies available at law or in equity, or under statute, violations of this section may be punishable in the same manner as other petty offenses as set forth in § 10.99 of this code.
(1980 Code, § 25.207) Penalty, see § 52.999