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§ 52.06  APPEALS.
   Any person aggrieved by any action of the Health Department representative with regard to wells shall first confer with the local Health Director who may affirm or reverse the original decision of the representative. If the person is dissatisfied with the Health Director’s decision, he or she shall give a written notice of appeal to the Health Director within 15 days after the conference with the Health Director. The notice of appeal shall set forth the person’s grievances. Upon receiving this notice, the Health Director shall, within five working days, transmit to the Chairperson of the Board of Health the notice and all other pertinent papers. The Board shall hold a hearing within 15 days after it receives the notice of appeal. The Board shall give the appellant no less than five days’ notice of the date, time, and place of the hearing. Any party may appear in person or by agent or attorney. No person shall take any action prohibited by the Health Department until there is a final resolution of the grievance.
(Ord. passed 7-23-1984)
§ 52.07  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDON. To discontinue the use of and to seal the well according to the requirements of § 52.58.
   ABANDONED WELL. A well whose use or construction has been discontinued, or which is in such a state of disrepair that continued use for obtaining ground water or other useful purpose is impracticable.
      (1)   PERMANENTLY ABANDONED WELL. Any well removed from or not yet put into service; or whose use is impracticable because of faulty construction, location, water quality, insufficient yield, unserviceable casing and screen; or which has been removed from service because it no longer serves its intended use.
      (2)   TEMPORARILY ABANDONED WELL. Any usable well whose use has been temporarily discontinued because of well or pump maintenance problems and newly constructed wells not yet put into service.
   ACCESS PORT. An opening in the well casing or well head installed for the primary purpose of determining the water level in the well.
   AGENT. Any person who by mutual and legal agreement with a well owner has authority to act in his or her behalf in executing applications for permits. The AGENT may be either general agent or a limited agent to do one particular act.
   AQUIFER. A geological formation, group of formations, or part of a formation that will yield usable quantities of water to wells.
   BOARD OF HEALTH. The County Board of Health or its official representatives.
   CASING. Pipe or tubing constructed of specified materials and having specified dimensions and weights, that is installed in a borehole, during or after completion of the borehole, to support the side of the hole and thereby prevent caving, to allow completion of a well, to prevent formation material from entering the well, to prevent the loss of drilling fluids into permeable formations, and to prevent entry of undesirable water.
   CONSOLIDATED ROCK. Rock that is firm and coherent, solidified, or cemented and that has not been decomposed by weathering. Examples are granite, gneiss, limestone, slate, or sandstone.
   CONTAMINATION. The presence of any foreign substance (organic, inorganic, radiological, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
   DOMESTIC USE. Use of water for drinking, bathing, household purposes, livestock, or gardens.
   GROUT. Include the following.
      (1)   CONCRETE GROUT. A mixture of not more than two parts gravel to one part cement and not more than six gallons of clear water per 95 pound bag of portland cement. One hundred percent of the gravel must pass through a one-half inch mesh screen.
      (2)   NEAT CEMENT GROUT. A mixture of not more than six gallons of clear water to one 95 pound bag of portland cement. Up to 5%, by weight, of bentonite clay may be used to improve flow and reduce shrinkage.
      (3)   SAND CEMENT GROUT. A mixture of not more than two parts sand and one part cement and not more than six gallons of clear water per 95 pound bag of portland cement.
   HEALTH DEPARTMENT. The County Health Department, Environmental Health Section.
   HEALTH DEPARTMENT REPRESENTATIVE. An authorized agent of the County Health Department, Environmental Health Section.
   HEALTH DIRECTOR. The Director of the County Health Department.
   INSTALLING PUMPS AND PUMPING EQUIPMENT. Placing and preparing pumps and pumping equipment for operation, including all construction involved in making entrances to the well and establishing wells.
   LINER PIPE. Pipe that is installed inside a completed and cased well for the purpose of sealing off undesirable water or for repairing ruptured or punctured casing or screens.
   NON-POTABLE MINERALIZED WATER. Brackish, saline, or other water containing minerals of such quantity or type as to render the water unsafe, harmful, or generally unsuitable for domestic use.
   OWNER. Any person who holds the fee or other ownership rights in the well being constructed. A well is real property and its construction on land creates a presumption that the OWNER of the land also owns the well.
   PERMIT. A written permit issued by the Health Department permitting the construction or repair of any well, as defined in this chapter.
   PERSON. Any person, including individuals, firms, partnerships, associations, public or private institutions, municipalities, or political subdivisions, governmental agencies, or private or public, corporations organized or existing under the laws of this state or of any other state or country.
   POLLUTED WATER. Water containing organic or other contaminants of such type and quantity as to render it unsafe, harmful, or unsuitable for human consumption.
   PRIVATE WELL WATER SUPPLY. Any water supply furnishing potable water to one residence or business that is owner occupied, except where either might furnish water to persons on a regular basis who are not members of the household or immediate family.
   PUBLIC WATER SYSTEM. A system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. PUBLIC WATER SYSTEM is either a community water system or a non-community water system.
      (1)   COMMUNITY WATER SYSTEM. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
      (2)   NON-COMMUNITY WATER SYSTEM. A public water system which is not a community water system.
   PUMPS AND PUMPING EQUIPMENT. The well seal and any other equipment or materials used or intended to be used for withdrawing or obtaining ground water.
   REPAIR. Work involved in deepening or changing depths, reaming, sealing, installing, perforating, screening or cleaning, acidizing, or redeveloping a well excavation or any other work which results in breaking or opening the well seal.
   UNCONSOLIDATED ROCK FORMATION. Those rock formations that are not solid (i.e., sand, clay, shell, saprolite, or decaying rock).
   WATER SUPPLY. Any source of ground water.
   WATER SUPPLY SYSTEM. Pump and pipe used in connection with or pertaining to the operation of a water supply, including pumps, pipes, pressure tanks, and fittings.
   WELL. Any excavation that: is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing ground water; constructed for evaluating, testing, developing, draining, or recharging any ground water reservoirs or aquifers; or that may control, divert, or otherwise cause the movement of water from or into any aquifer.
   WELL CAPACITY. The maximum quantity of water that a well will yield continuously.
   WELL CONSTRUCTION. Includes all acts necessary to construct wells for any intended use, including the location and excavation of the well, placement of casings, grouting, screens, and fittings, development, and testing.
   WELL DRILLER, DRILLER, OR WATER-WELL CONTRACTOR. Any person, firm, or corporation engaged in the business of constructing wells.
   WELL HEAD. The upper terminal of the well including adapters, ports, valves, seals, and other attachments.
   WELL SEAL. An approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the upper terminal.
(Ord. passed 7-23-1984)
§ 52.08  DRILLER REGISTRATION.
   (A)   Every person, firm, or corporation engaged in the business of using power machinery to drill, bore, core, or construct wells in the county shall register annually with the Health Department.
   (B)   Registration shall be accomplished during the period from January 1 to December 31 of each year.
   (C)   Registration shall be accomplished by completing and submitting to the Health Department a registration application form provided by the Health Department for this purpose.
   (D)   Upon submitting a properly completed application form, the applicant will be issued a certificate of registration.
(Ord. passed 7-23-1984)
§ 52.09  PERMITS.
   (A)   It is the finding of the Health Department that the entire geographical area of the county is vulnerable to ground water pollution from improperly located, constructed, operated, altered, or abandoned water and non-water supply wells. Therefore, in order to ensure reasonable protection of the ground water resources and the public health, prior permission from the Health Department must be obtained for the construction or repair of the types of wells listed in division (B) below. Unless otherwise specified in writing by the Health Department, permits shall become invalid after 12 months from the date of issue if the construction has not been completed during that time period. When a permit has become invalid, the installation shall not be commenced or completed until a new permit has been obtained.
   (B)   It shall be unlawful for any person to locate, construct, or repair any of the following wells in the county without a permit issued by the Health Department:
      (1)   Any water well or well system;
      (2)   Any well added to an existing system;
      (3)   Any test well;
      (4)   Any monitoring well;
      (5)   Any recovery well;
      (6)   Any well intended for the recovery of minerals or ores;
      (7)   Any geophysical exploration well;
      (8)   Any oil or gas exploration or recovery well;
      (9)   Any well for recharge or injection purposes;
      (10)   Any cathodic projection well;
      (11)   Any well associated with a wastewater treatment and disposal facility; and
      (12)   Any well with a design deviation from the standards set forth therein.
   (C)   It shall be the responsibility of the well owner or his or her agent to see that a permit is secured prior to the construction or repair of any well for which a permit is required.
   (D)   The location of any private well water supply in the county shall be approved by the Health Department before any construction activity on the lot is begun. Wells drilled for public water supply systems regulated by the Department of Human Resources shall meet the siting and all other requirements of that Department.
   (E)   The well contractor shall not commence any drilling activity until the permit has been obtained.
   (F)   The Health Department is authorized to revoke any permits issued pursuant to these regulations upon the determination that these regulations not being fully complied with.
(Ord. passed 7-23-1984)  Penalty, see § 52.99
STANDARDS OF CONSTRUCTION FOR WATER SUPPLY WELLS
§ 52.20  LOCATION.
   The well shall be located:
   (A)   For private well water supplies, at a site not generally subject to flooding; the site for public well water supplied shall not be subject to flooding;
   (B)   (1)   For private well water supplies, a minimum horizontal distance of 50 feet from any watertight sewage and liquid waste collection facility, such as cast iron pipes with leaded joints, except where it is not feasible to obtain 50 feet separation because of lot size or other fixed conditions, the horizontal distance shall be the maximum feasible distance, but in no case less than 25 feet.
      (2)   For public well water supplies, the well shall be located at least 100 feet from any sewer or other potential sources of pollution unless the sewer is constructed of materials and joints that are equivalent to water main standards, in which case the sewer shall be at least 50 feet from the well.
   (C)   (1)   For private well water supplies, a minimum horizontal distance of 100 feet from any ground absorption sewage disposal system, such as a septic tank system, and any other source of potential pollution or contamination, except where it is not feasible to obtain 100 feet separation because of lot size or other fixed conditions, the separation distance shall be the maximum feasible distance, but in no case less than 50 feet.
      (2)   For public well water supplies, the well shall be located on a lot so that the area within 100 feet of the well shall be owned or controlled by the person supplying the water. Variances in the well lot area may be permitted by a representative of the Division of Health Services where emergency conditions exist, as determined by the representative of the Division of Health Services;
   (D)   A minimum horizontal distance of ten feet from any property boundary;
   (E)   At a site that permits access for maintenance, repair, treatment testing, and such other attention as may be necessary;
   (F)   At a site that is well drained, the site for public well water supplies shall be graded or sloped so that surface water is diverted away from the well; and
   (G)   At a minimum horizontal distance of 50 feet from a building foundation subject to termite treatment.
(Ord. passed 7-23-1984)
§ 52.21  SOURCE OF WATER.
   (A)   The source of water for any well intended for domestic use shall be from a water-bearing zone or aquifer that is not polluted and that does not contain nonpotable mineralized water.
   (B)   In areas described in § 52.61, the source shall be at least 35 feet below land surfaces.
   (C)   In all other areas, the source shall be at least 20 feet below land surface.
(Ord. passed 7-23-1984)
§ 52.22  DRILLING AND CASING.
   (A)   The well shall be constructed so that a pump with a capacity equal to the well capacity, within the practical limits of pumps for a given diameter well, can be installed and operated without binding or without interference by contact with any part of the well.
   (B)   All water-bearing zones that contain polluted or nonpotable mineralized water shall be adequately cased and cemented off so that pollution of underlying or overlying water-bearing zones will not occur.
   (C)   Drilling fluids shall be obtained from an uncontaminated source, or shall be disinfected prior to use.
   (D)   Every well shall be cased with the bottom of the casing extending to a minimum depth as follows.
      (1)   Wells located within the area described in § 52.61 shall be cased from land surface to a depth of at least 35 feet.
      (2)   Wells located in any other area shall be cased from land surface to a depth of at least 20 feet.
   (E)   The top of the casing shall be terminated by the drilling contractor at least 12 inches above land surface.
   (F)   The well shall be adequately cased to prevent formation material from entering the well after the well has been developed and completed by the drilling contractor.
   (G)   The casing in wells constructed to obtain water from a consolidated rock formation shall be firmly seated and sealed to a depth of at least one foot below the top of the consolidated rock.
   (H)   The casing in wells constructed to obtain water from an unconsolidated rock formation, such as gravel, sand, or shells, shall extend at least to the top of the water-bearing formation.
   (I)   Except as otherwise specified in these regulations, the permanent well casing shall comply with the following:
      (1)   Casing weighing less than standard weight steel pipe is not recommended by the Department for water supply wells, however, steel casing of six and five-eighths inches outside diameter weighing less than standard weight steel pipe will be permitted if the following requirements are met:
         (a)   The owner prefers casing weighing less than standard weight steel pipe;
         (b)   The casing shall have a minimum weight of 13 pounds per foot when threaded and coupled;
         (c)   The casing shall have a minimum nominal wall thickness for a given diameter equal to that specified in § 52.64; and
         (d)   The casing shall meet the requirements for water well casing pipe of ASTM-A589-70 specifications.
      (2)   Have watertight joints that shall be electrically welded, or threaded and coupled with heavy recessed-type couplings, the coupling should cover the threads when made power tight;
      (3)   Be equipped with a drive shoe when the casing is seated in a consolidated rock formation and any other wells if the casing is driven. The drive shoe shall be forged, high carbon, tempered, seamless steel, and have a beveled hardened cutting edge. A drive shoe will not be required for wells in which:
         (a)   The cement grout surrounds and extends the entire length of the casing; and
         (b)   The casing is installed without interference from formational material.
      (4)   If galvanized, must be galvanized in compliance with the requirements of the latest revision of ASTM Specification A120.
(Ord. passed 7-23-1984)
§ 52.23  GROUTING.
   (A)   The casing in wells located within areas described in § 52.61 shall be grouted from land surface to a depth of at least 35 feet.
   (B)   The casing in wells in which the producing zone underlies zones containing non-potable water shall be grouted from land surface to the top of the producing zone or first impervious layer having a thickness of at least ten feet above the producing zone.
   (C)   The casing in all other wells shall be grouted from land surface to a minimum depth of 20 feet.
   (D)   The cement grout shall be placed around the casing by one of the following methods.
      (1)   Pressure. The annular space between the casing and formation shall be a minimum of one and one-half inches. Cement grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular area around the casing and overflows at the surface.
      (2)   Pumping. The annular space between the casing and formation shall be a minimum of one and one-half inches. Cement grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space which can be raised as the grout is applied. The grout hose or pipe should remain submerged in grout during the entire application.
      (3)   Annular space. The annular space around the casing shall be a minimum of three inches, the annular space shall be completely filled with cement grout by any method that will ensure complete filling of the space, provided the annular area does not contain water. If the annular area contains water, the water shall be removed or the grout shall be placed by either the pumping or pressure methods.
   (E)   If an outer casing is installed, it shall be grouted by either the pumping or pressure methods.
   (F)   All grout mixtures shall be prepared before emplacement.
   (G)   The well shall be grouted within five working days after completion of drilling.
   (H)   The contractor will give oral notice to the Health Department of any grouting to be done. The notice shall be given in sufficient time to allow the Health Department to inspect the well before the grout is emplaced.
(Ord. passed 7-23-1984)
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