(A) (1) An abandoned well is:
(a) A defective well which, in the judgment of the City Council or its agent, cannot be corrected to comply with the requirements of this chapter; or
(b) Any well which has been continuously out of use for a period of six months or longer.
(2) Whenever any wells have not been in active use for more than two years, the owner or operator of the well shall report the fact to the city. Every abandoned well shall be filled and plugged with the materials and in a manner approved by the State Water Well Drillers Board that will, in their and the city’s judgment, prevent the pollution and contamination of the city’s water supply or the contamination of any other well within the limits of the city, and the filling and plugging shall be done under the supervision of the city and at the expense of the owner of the well.
(B) Whenever the city shall receive notice from any source of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this chapter and/or the State Water Well Drillers Board, it shall notify the owner or agent in charge of the well or of the property upon which it is situated that the well is abandoned and shall instruct him or her to fill and plug the well in accordance with this chapter; and the owner or operator of the well shall comply with the order within 60 days after its date. Should he or she fail to so comply within the period or if, after using reasonable diligence, should the city fail to locate the owner or the agent in charge of the well or of the property upon which the well is situated, the Council or its agent may go on the land or property upon which the well is situated and fill and plug the well in the manner required by this chapter.
(C) Whenever it becomes necessary for the city to fill and plug any abandoned well the owner thereof shall be liable to the city for the cost of doing the work and shall pay the cost upon demand.
(Ord. 103-91, passed 12-18-90)