§ 53.09 PERMIT REQUIRED.
   (A)   Permit required. No water well or closed loop well system shall be constructed, modified, abandoned or deepened in Will County, except in accordance with these regulations. It is unlawful to proceed with the construction of a water well or closed loop well without first obtaining a permit from the Health Authority. An approved well permit is valid for one year from the date of issuance and may be renewable (see division (C) of this section). All wells and pumps shall be maintained in a safe condition by the owner. A non-community public water supply shall not be operated without first obtaining a permit from the Illinois Department of Public Health. For the purpose of this section, well modification shall be defined as any change, replacement, or other alteration of a water well or closed loop well. This includes, but is not limited to deepening of a well, replacing or repairing a casing, repair or replacement of well screen, installation of a pitless adapter and any other change of a well structure.
   (B)   Applications. Applications for permits shall be in writing and in the format prescribed by the Health Authority. Each permit must be accompanied by a detailed site plan including the location of the well or closed loop wells, lot boundaries, every component of the existing or proposed private sewage disposal system, public sewer and water lines (including storm sewers), buildings, driveways, underground and overhead utilities, and any other prominent landmark or fixture that may affect the location of the well. Neighboring wells, private sewage disposal systems and all other sources of contamination if they are within 200 feet of the proposed well or closed loop well system. Any application not meeting the above mentioned requirements shall not be accepted/approved. This Department requires a minimum three days permit review period and may require additional reasonable review time as needed to ensure the installation complies with all current state and local regulations.
   (C)   Fees. Each application for the construction, modification or deepening of a water well or closed loop well system shall be accompanied by the applicable permit fee (see Appendix A) payable to the Will County Health Department. This fee is not refundable in the event that an individual decides not to construct, modify, or deepen the water well or closed loop well system. An applicable fee (see Appendix A) shall be charged for the reissuance of any permit which has been voided due to the fact that it is older than one year. At the time of permit issuance, fees (see Appendix A) for both the well inspection and initial water sample shall be paid in full.
   (D)   Variances. If circumstances exist which make it impractical to achieve full compliance with the requirements of this chapter, an applicant may seek a variance from the Health Authority prior to the issuance of a permit. Such requests shall be made in writing, and include a detailed explanation, site plan drawn to scale, and variance fee (see Appendix A). The Health Authority shall notify the applicant in writing of its decision to either grant or deny the variance. After the variance is granted it will be attached to the property's deed by the Will County Recorder of Deeds. Wells drilled under variance must have a second water sample taken no later than 60 days after the well is placed into active service. Any person aggrieved by the decision of the Health Authority rendered as the result of the variance request may file a written hearing request in the office of the Health Department. A time and place for the hearing will be provided by the Environmental Health Director within 30 days of the date on which the written request was filed. The party requesting the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. If after the hearing the Environmental Health Director finds that strict compliance with the decision of the Health Authority would not cause undue hardship on the party requesting the hearing, and that the public health would be adequately protected and substantial justice done by granting a variance, the Environmental Health Director may grant a variance and if necessary make requirements which are additional to those prescribed by this chapter, all for the purpose of properly protecting the public health. The Environmental Health Director shall render a decision within ten days after the date of the hearing which shall be in writing and placed on file in the office of the Health Department and a copy thereof shall be served on the applicant and the party requesting the hearing personally or by delivery to the petitioner by certified mail.
(1980 Code, § 53.09) (Ord. 09-291, adopted 9-17-2009; Ord. 12-327, adopted 10-18-2012; Ord. 15-49, adopted 2-19-2015) Penalty, § 53.99