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(a) Test and exploratory holes require a permit and are subject to the standards in subsection (b) of this section if any of the following conditions applies, but not otherwise:
(1) The planned or actual depth of the hole is 20 feet or greater.
(2) At the planned depth, the hole is expected to come within five feet of known or anticipated ground water.
(3) As installed, the hole encounters ground water.
(4) The hole is planned to remain open for more than 24 hours, or remains open for more than 24 hours.
(b) A test or exploratory hole subject to this section shall be destroyed following completion of the test work in accordance with the standards and criteria set forth in this chapter unless a person first obtains a permit to change the use of the test or exploratory to a monitoring well or water well.
(Added by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. 10927 (N.S.), effective 1-10-25)
*Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.
The Director may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, investigate the situation to determine whether such nuisance does in fact exist. The Director shall have the power, when in the performance of his/her duty and upon first presenting his/her credentials and identifying himself/herself as an employee of the Department to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of 8:00 a.m., and 6:00 p.m., to discover or inspect any thing or condition which appears to indicate such a nuisance. The Director may examine such premises, things or conditions, take such samples and make such tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists.
(Amended by Ord. No. 5405 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
The property owner or responsible party shall take the necessary actions to repair, reconstruct or destroy a well that is a nuisance.
(Added by Ord. No. 8815 (N.S.), effective 7-22-97; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)
Whenever the Director determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, the Director may issue a written order as provided in the Public Nuisance Abatement Procedures set out in Chapter 2 of Division 6 of Title 1 of this code. All subsequent procedures shall be as specified in that chapter.
(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 8815 (N.S.), effective 7-22-97; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)
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