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PRIVATE WATER WELLS Section 52.01 Title and purpose Cross-reference:
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PRIVATE WATER WELLS
§ 52.01 TITLE AND PURPOSE.
(A) Title. This chapter regulates the location, construction, installation, maintenance and repair of all private water wells and pumps in the county, provides for the administration and enforcement of the provisions contained herein, and fixes penalties for violation.
(B) Short title. This chapter shall be known and may be cited as the “County Private Water Well Ordinance.”
(C) Declaration of purpose.
(1) The general purpose of this chapter is to promote the public health, safety and welfare and to further the following related and specific objectives.
(a) To preserve and improve the environmental quality of the county.
(b) To minimize contamination of ground and water resources.
(2) Nothing in this chapter shall prohibit development under a permit issued prior to the date of this chapter under any previous laws or ordinances.
(3) All private water wells and pumps within the county shall be installed, constructed and maintained in an approved manner, in conformity with the provisions of this chapter and if not specifically described herein, as described in Bulletins S.E. 13 and 15 of the State Board of Health, which are included by reference as part of this chapter and copies of which are on file in the offices of the County Auditor and the County Health Officer for public inspection.
(`83 Code, § 51.01) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AQUICLUDE. A formation or stratum that is impermeable to water.
AQUIFER. A water-bearing formation or stratum.
CASING. Steel or wrought iron pipe, type K copper, or other material approved by the Health Officer, to exclude unwanted solids or liquids from the interior of the well.
CEMENT GROUT. A thorough mixture consisting of one bag of portland cement (94 pounds) with five or six gallons of clean water. When such mixture cannot be placed effectively, additives may be used; provided, shrinkage is held to a minimum and the mixture will form a water-tight seal throughout the entire depth required to prevent objectionable waters from entering the hole.
FLUSHING. The act of causing a rapid flow of water from a well by pumping, bailing or similar operation.
GROUND WATER. Any water in natural state below the surface of the ground.
HEALTH DEPARTMENT. The Kokomo-Howard County Health Department.
HEALTH OFFICER. The County Health Officer or his or her deputy or assistant having the responsibility for the administration and enforcement of this chapter.
NON-RESIDENTIAL WELL. Any well drilled for more than two residential units or for use other than residential use or for wells drilled for a combination of use involving residential and non-residential use.
PERSON. Any individual, partnership, firm, corporation, institution, school, unit of government, or officer or employee of any of the foregoing.
POLLUTION. Contamination or other alteration of the physical, chemical or biological properties of water as to render the water harmful, detrimental or injurious to public health or safety.
POTABLE WATER. Water suitable for drinking or culinary purposes in its natural state or through conditioning.
PRIVATE WATER SUPPLY. One or more sources of ground water, including facilities for conveyance thereof, such as wells, springs and pumps other than those serving a municipality or those operating as a public utility under the rules of the State Public Service Commission.
PUMP INSTALLER. Any individual, partnership, firm or corporation that installs a pump in a well or opens the well to service a pump.
RESIDENTIAL WELL. Any well drilled for the use of one or two dwelling units.
STUFFING BOX. An approved receptacle in which packing may be compressed to form a water-tight or air-tight junction between two objects.
TUBING. Metal, fibre or plastic pipe used to withdraw water from a well. A jet type pump may require two strings of tubing.
WATER TABLE. The top surface, or upper limit, of the ground water zone.
WELL. Any excavation, whether drilled, bored, driven, jetted or dug for the purpose of obtaining water from the ground or returning water to the ground or for the purpose of testing the quantity or quality of such water or for lowering (either temporarily or permanently) the ground water level or water table.
WELL DRILLER. Any individual, partnership, firm or corporation that produces or contracts to construct a well.
WELL DRILLING. Any operation which produces a well.
WELL OWNER. The legal owner of the real estate containing a well site.
WELL SEAL. An approved removable arrangement or device used to cap a well or to establish and maintain a water-tight junction between the casing or curbing of a well and the piping or equipment installed therein so as to prevent unwanted water or other contaminating material from entering the well at the upper terminal.
WELL VENT. An opening or outlet at the upper end of the well casing to allow equalization of air pressure in the well.
YIELD. The quantity of water per unit of time which may flow or be pumped from a well when water level has remained stabilized for one hour or longer.
(`83 Code, § 51.02) (Ord. 1977‑39, passed 12‑19‑77)
§ 52.03 WATER WELLS; LOCATION AND CONSTRUCTION.
(A) Location of water supply wells. The location of water supply wells or buried suction lines shall conform to the minimum separation requirements of Table I, as set forth in Appendix A.
(1) Private water supply wells shall be located at a high point on the premises and shall be protected from surface drainage and flooding.
(2) Each single-family residence constructed after the adoption of this chapter shall have its own separate well on the lot whereon it is located except where such residence is connected to and using a public water supply.
(3) No well shall be located within the basement of any building or under a building that has no basement.
(B) Construction of wells. All wells shall be constructed in accordance with the requirements below. Water supply wells for other than single-family residential use shall have sufficient stabilized yield to produce a minimum pressure of 20 psi for all uses.
(1) Casing.
(a) All wells shall be cased to a depth of at least 25 feet below ground surface.
(b) The casings of wells developed in sand or gravel shall extend water-tight to or into the aquifer.
(c) The minimum casing diameter for a well to be used as a source of potable water shall be four inches or greater. Under no conditions shall it be less than two inches inside diameter.
(d) Every drive pipe shall be fitted at its lower end with a standard drive shoe, threaded or welded onto the pipe so that the pipe rests on the internal shoulder of the shoe. The shoe shall have a beveled and tempered cutting edge of metal alloyed for this special purpose.
(e) The casing of the well shall be wrought iron, steel, or type K copper and shall be of sufficient thickness and quality to protect the well against structural deficiencies during construction and against contamination by surface water or other undesirable materials during the expected life of the well. Only recessed couplings may be used on threaded pipe or casing. Ferrous casing shall be new, first-class material meeting American Society for Testing Materials (ASTM) Standards A‑120 or A‑53, or American Petroleum Institute (API) Standards API‑5A or API‑5L. No thin-walled, sheet metal, used, reclaimed, rejected or contaminated pipe or casing shall be used in a water well. New pipe or casing, when salvaged from water well test holes only, shall not be considered as used or contaminated. Where corrosive water or soil is likely to be encountered, thicker walls in pipe or casing than those which appear in Tables II through V, as set forth in Appendix A, should be used.
(f) Other types of casing may be used in dug or bored wells if the annular space between the casing and the soil is completely filled by a monolithic pour of dense, water-tight, puddled or vibrated concrete measuring at least six inches thick, especially at the bells or joints. This casing shall be new material and shall extend to a depth of at least 25 feet below ground surface. For special construction required to prevent surface contamination at the top of large diameter dug or bored well casings, the State Board of Health should be consulted. Approval of the Health Officer is required for this type of construction.
(g) The casing pipe of any well shall project not less than 12 inches above the pumphouse floor or finished ground surface, and at least 24 inches above the highest flood level of record. No casing shall be cut off below ground surface except to install a basement offset or a pitless adapter. The adapter shall project not less than 12 inches above ground surface.
(h) There shall be no opening in the casing wall below its top except by the use of a properly installed pitless adapter designed to, and fabricated of such materials that will, keep soil and water from entering the well during the life of the casing. The pitless adapter shall be of such design that the tubing or drop pipe cannot be dropped into the well by misalignment in assembling the internal parts. The upper terminal of the pitless adapter shall meet the requirements of the preceding paragraph. Due to the difficulty of making strong and water-tight welds under field conditions, adapters threaded onto the casing shall be used. A heavy-weight transition fitting, welded water-tight both internally and externally (full double weld) to the casing and terminating in a full-sized 8-thread per inch connection may be used instead of cutting threads on the casing pipe. The adapter fitting itself shall be a commercially-produced casting or shop-welded fitting, pressure tested to at least 300 psi with no weeping or leakage. Saddle-type fittings with heavy corrosion-resistant U bolts and rubber gaskets under system pressure at all times also may be used.
(i) The outside casing wall shall not be used as a suction pipe.
(2) Sealing.
(a) The casings of wells developed in rock shall be firmly seated in sound rock. If broken or creviced rock is encountered above the aquifer, the hole shall be reamed through the broken or creviced rock and the casing seated in sound rock or an aquiclude. In areas where rock wells can be developed only in the upper fractured rock, casing may terminate in this formation if there are at least 25 feet of unconsolidated material above the rock. When there is less overburden and deeper strata will not produce potable water, the substandard quality of the well must be recognized. The State Board of Health should be consulted for the treatment necessary to provide a safe supply. Approval of the Health Officer shall be required in this case.
(b) In a rock well, the annular space between the casing and the drill hole shall be sealed to a sufficient depth to prevent surface drainage water, or shallow subsurface drainage, from entering the hole. If rock is encountered within 25 feet of the surface, the hole shall be reamed at least four inches greater diameter than the casing so that a minimum two-inch annular space can be filled with cement grout. The casing shall be extended at least ten feet into the rock, or to a point at least 25 feet below the surface, and cement grout shall be used to seal the annular space.
(c) Cement grout that is used to seal a hole diameter larger than the casing shall be composed of a thorough mixture of portland cement and clean water at a rate of one bag (94 pounds) of cement to five to six gallons of water so that it can be pumped or puddled into the annular space to seal it. If such a cement grout cannot be placed effectively, additives may be used provided shrinkage is held to a minimum and the mixture will form a water-tight seal throughout the entire depth required to prevent objectionable waters from entering the hole.
(d) Where pipe is driven through clay, silt, sand or gravel into a hole of smaller diameter than the casing, and where such unconsolidated clays, silts, sand or gravel are present to a depth greater than 25 feet below the surface, puddled bentonitic clay may be used to seal the annular space. Bentonitic clay shall be kept puddled around the point where the casing enters the ground in order to maintain a seal around the drive pipe and couplings and to serve as a lubricating medium while driving the casing.
(e) Whenever a casing is placed in a hole of larger diameter than the casing, the annular space between the casing and the wall of the hole shall be sealed from the rock or screen setting to the surface with either thick bentonitic clay, mud or cement grout in the manner described above.
(f) Dug or bored wells constructed with a screen threaded or welded to metallic casing, and with a concrete cut-off seal at least 30 inches thick poured and puddled to fill the excavation 25 or more feet below ground surface, may be back-filled above the seal with compacted drillings or clay in such a manner that the resulting fill will be as resistant to seepage as the undisturbed earth around it. The screen used in this construction shall be bronze or stainless steel to permit acidizing since it cannot be removed.
(3) Screens. Casings of wells drawing from unconsolidated water-bearing formations, except those described in divisions (B)(1)(f) and (B)(2)(f) above, shall be fitted with strainers or screens which are set through the casing in a manner that will permit removal and replacement without adverse effect on the water-tight construction of the well. Slotted pipe is not acceptable. The screen shall have openings properly sized to exclude the granular material of the developed aquifer.
(4) Temporary caps. Temporary caps placed on a well until pumping equipment can be installed shall be such that no contamination can enter the casing. A properly fitted and firmly driven solid wooden plug or equally watertight closure is the minimum acceptable.
(5) Yield.
(a) Wells constructed as a source of water for a residence shall have a stabilized yield of at least 300 gallons per hour (gph). If a lesser yield is the maximum amount of water obtainable from the aquifer, the Health Officer shall be informed and his or her approval obtained.
(b) Before it is put into use, every well shall be tested by pumping for yield and drawdown. The test pump shall have a capacity at least equal to the pumping rate that is expected of the well during its usage. The test pump shall be installed to operate continuously until the water level has become stabilized and, at this point, the yield and drawdown determined. Bailing may be used to give a rough estimate of the yield of the well, and may be the only practical way to test very weak wells, but it is not to be considered a reliable substitute for a pumping test for yields over 150 gph.
(6) Records. The well driller shall furnish the Health Officer and the well owner with duplicate copies of the information he supplies to the Department of Natural Resources in compliance with the provisions of I.C. 25‑39‑4‑1. The record shall include a log of the materials penetrated and their depth or thickness.
(`83 Code, § 51.03) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.04 PUMP INSTALLATION.
(A) Pump installation shall be in accordance with the following regulations.
(1) Hand pumps. All hand pumps, stands or similar devices shall be installed so that no unprotected opening connecting with the interior of the pump exists. The pump spout shall be of the closed downward-directed type. All hand pumps shall be bolted to a mounting flange securely fastened to the well casing. The top of the casing shall extend at least one inch above the face of the flange.
(2) Power-driven pumps. All power-driven pumps located over wells shall be mounted on the well casing, a pump foundation or a pump stand so as to provide an effective well seal at the top of the well. Extension of the casing at least one inch into the pump base will be considered an effective seal; provided, the pump is mounted on a base plate or foundation in such a manner as to exclude dust and insects, and the top of well casing is at an elevation at least two feet above any known flood water level.
(a) Where the pump unit is not located over the well and the pump delivery or suction pipe emerges from the top thereof, a water-tight expanding gasket or equivalent well seal shall be provided between the well casing and piping. A similar water-tight seal shall be provided at the terminal for a conduit containing a cable for a submersible pump. See § 52.03(B)(1)(g) for casing top above ground surface.
(b) All submersible pumps shall have one check valve located on the discharge line above the pump and inside the casing. If the discharge pipe is at least 12 inches above the ground and slopes to drain into the well, the check valve may be located in the house.
(c) Pitless adapters with below-ground discharge may be used. See § 52.03(B)(1)(h) for details of construction. The covered top of the adapter casing section shall extend 12 inches or more above the ground surface or 24 inches above maximum high water. There shall be no openings through the walls of the well or adapter casing for vents, wires, air lines or the like.
(3) Pumphouses. Unless the power-driven pump installation is of weather-proof and frost-proof construction, it shall be protected by a structure which permits access to the pump for maintenance and repair work. The pumphouse floor shall be constructed of impervious material and shall slope away in all directions from the well or suction pipe.
(4) Protection against freezing. Discharge lines and vacuum lines from the well to the foundation of heated buildings shall be protected against freezing.
(5) Well vents. All well vent openings shall be piped water-tight to a point not less than 24 inches above any known flood water level and, in any event, at least six inches above the well casing. See § 52.03(B)(1)(g). Such vent opening and piping shall be of sufficient size to prevent clogging by hoarfrost and in no case less than ¼-inch in diameter. The terminals of vent pipes shall be shielded and screened to prevent the entrance of foreign matter and preferably turned down. If toxic or inflammable gases are vented from the well, the vent shall extend to the outside atmosphere at a point where the gases will not produce a hazard. Openings in pump bases shall be sealed water-tight.
(6) Sampling faucets. In all pressure water systems, provision shall be made for collection of water samples ahead of chlorination, or any other treatment, by installation of a faucet on the discharge side of and as close as possible to the pump. The sampling faucet shall have a smooth turned-down nozzle. A hose bib shall not be used. All-brass pet cocks with 90-degree turned-down spigots may be acceptable as sampling taps.
(7) Suction pipes connecting pump and well. All buried suction pipes, unless deeper than ten feet below the ground surface, shall be enclosed in a pipe conduit having a minimum wall thickness equivalent to a casing of same size. They shall be located from sources of contamination in accordance with the distances specified in § 52.03(A). No suction line shall be located beneath a sewer. An exposed suction pipe, as in a basement room, shall be 18 inches or greater practicable distance above the floor but need not be kept any specified distance horizontally from a cast iron sewer.
(8) Materials prohibited. No material may be used in the well or pump installation that will result in the delivered water being toxic or having an objectionable taste or odor. Flexible or nonrigid plastic pipe shall not be used for suspending submersible pumps. Plastic pipe shall not be used unless bearing the approval of the National Sanitation Foundation and unless having the physical properties required to withstand the torque and load to which it is subjected.
(9) Offset pumps. Offset pumps or pressure tanks shall be located where they are readily accessible. They shall not be located in a crawl space unless the crawl space is drained to the ground surface beyond the crawl space, either by gravity or means of a sump pump, and a minimum of four feet of clear working space is provided between the floor of the crawl space and the floor joist overhead. If located in a crawl space, the pump or pressure tank shall be located within five feet of the point of entry. The access opening should be at least two feet high and two feet wide.
(B) All buried suction pipe shall be located from sources of pollution in accordance with the distances specified under § 52.03(A).
(C) Hand pumps shall be provided with a pump platform at least 48 inches square and four inches thick and reinforced with wire mesh. The upper surface of the platform shall be above grade and shall have a one-inch crown for drainage.
(D) A pressure tank with a minimum storage capacity of 42 gallons per dwelling unit shall be installed for each well. Storage capacity for buildings other than dwellings shall be approved by the Health Department on the basis of the use of the property.
(E) Pump bearing lubrication shall be designed to prevent contamination of either the water supply or the lubricating medium.
(`83 Code, § 51.04) (Ord. 1977‑39, passed 12‑19‑77)
Penalty, see § 10.99
§ 52.05 USE OF WELLS FOR DRAINAGE OR WASTE DISPOSAL.
(A) No well may be used for the disposal of sewage or other material that may contaminate potable water horizons.
(B) If a well is to be constructed or used for the purpose of returning uncontaminated water to the ground, consideration shall extend to thermal as well as bacterial factors, and the plans for the well and system shall be submitted to and approved by the Health Officer and the State Stream Pollution Control Board. To prevent aeration of the returned water, and subsequent adverse changes in its quality, the return pipe shall discharge at least five feet below water level in the return well.
(`83 Code, § 51.05) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.06 ABANDONMENT OF WELLS.
(A) A well to be abandoned temporarily but which the owner intends to equip and use at some future time shall be sealed at the surface by a welded or threaded cap, or in the case of a dug well, in a manner satisfactory to the Health Officer.
(B) A well that is to be abandoned permanently shall be filled with cement grout opposite each water-bearing formation and in the top 40 feet of the hole. The remainder of the hole may be filled with puddled clay or other impermeable material that will permanently prevent migration of fluids in the hole. Sand, gravel, slag and crushed limestone are not desirable materials to use in filling a hole because they are permeable, but they may be used opposite aquicludes to bridge between zones of cement grout. If saltwater is entering or may enter the well, the entire hole shall be filled with cement grout.
(C) Dewatering wells, temporary service wells, construction water wells, process wells or other structures for withdrawing ground water or lowering of water levels or water tables regardless of location, length of intended service, or original use or intent shall be constructed to the identical standards and minimums as water supply wells covered by this chapter.
(D) The abandonment of dewatering wells, construction wells and temporary wells shall be accomplished by the identical procedure prescribed herein for permanent abandonment.
(`83 Code, § 51.06) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.07 DISINFECTION AND SAMPLES.
(A) To prevent contamination of the well or aquifer, a chlorine residual of 200 parts per million, or other disinfectant of comparable anti-bacterial quality and strength, shall be maintained in the well hole throughout the drilling process. Under these conditions the well need not be disinfected until the pump is set. Every new, modified or reconditioned water source, including pumping equipment and gravel used in gravel wall wells, shall be disinfected before being placed in service for general use. Such treatment shall be performed both when the well work is finished and when the pump is installed or reinstalled. If there is no significant lapse of time between the two operations, only the latter disinfection will be required. The casing pipe shall be thoroughly swabbed to remove oil, grease and joint dope, using alkalies if necessary to obtain clean metal surfaces. The well or other ground water development equipment, including the pumping equipment and gravel used in gravel well construction, shall be disinfected with a solution containing enough chlorine to leave a residual of 25 parts per million in the well after a period of at least 24 hours.
(B) Before the water supply system is approved for use, it shall be disinfected in accordance with division (A) above, pumped to remove disinfectant, and tested. Sterile bottles for water samples and bacteriological tests will be obtained from the State Board of Health, 1330 West Michigan Street, Indianapolis, Indiana 46206, water sample returned to the State Laboratory, and certification received from the State Laboratory that the quality of the water is satisfactory for its intended use. A nominal charge is made by the State Board of Health for this service.
(`83 Code, § 51.07) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.08 LICENSING, PERMITS AND INSPECTIONS.
(A) Licensing of installer. After the effective date of this chapter, no person shall offer or contract to install any portion of a private water well or pump without first having obtained a license from the Health Officer.
(1) Application for license. Application for the license shall be on the form prescribed by the Health Officer and shall be accompanied by a fee of $25.
(2) Issuance of license. The license shall be valid for a period of one year from the date of issuance and shall be renewable each year thereafter. An application for renewal shall be filed not later than five working days before the expiration date. The license shall bear the name and address of the licensee, the date of issuance, and the expiration date of the license. A license issued under the provisions of this section shall be nontransferable.
(3) Revocation of license. The Health Officer shall have the authority to revoke a license issued under the provisions of this section for repeated failure to observe the standards established by this chapter or on conviction of a violation of this chapter.
(B) Permits. After the effective date of this chapter, no improvement location permit shall be issued where a private water well or pump is to be installed or where any alteration or major repair to an existing private water well or pump is planned unless a permit for the system has been issued by the Health Officer.
(1) Emergency repair. Emergency repair of an existing private water well or pump may be made on weekends or holidays when the Health Department office is closed without first obtaining a permit; provided, the repair shall be in conformance with the provisions of this chapter. A permit for such emergency repair shall be obtained within five working days thereafter.
(2) Application for permit.
(a) The application for a permit for installation, alteration or repair of a private water well or pump shall be made by a licensed installer on a form provided by the Health Officer, which application shall be supplemented by plans, specifications and other information as is deemed necessary by the Health Officer. Plans shall be to a suitable scale and shall indicate the location of all existing and proposed buildings, property lines, septic tank and absorption fields, and wells on the property to be developed and on those properties immediately adjacent to it. Sufficient elevations shall be provided, to USC and GS datum to indicate the drainage characteristics of the property involved. The soil information, required for the permit, shall be provided either by the Soil Conservation Service, USDA, or by an engineer registered in the state and competent in soil mechanics. The soil information shall include soil identification using the soil mapping symbols. A permit and inspection fee of $10 shall be paid to the Health Department at the time the application is filed.
(b) The Health Officer shall review each application for a new or enlarged private water well. He or she shall make an estimate of the reasonable and probable effects of the proposed new or enlarged well on existing wells in the vicinity. If the Health Officer determines, from information available to him or her at the time of the application, that the proposed new or enlarged well will deny an adequate supply of water to the owners of existing wells in the vicinity, he or she shall deny the application.
(3) Issuance of permit.
(a) A permit to install any private water well or pump shall be issued only for lots of record in the county, and for lots in subdivisions given preliminary or final approval by the Plan Commission; provided, however, that not more than two such permits shall be issued in any one subdivision given only preliminary approval.
(b) Permits for repair may be issued for existing dwellings not located on lots of record.
(c) A permit for a private water well or pump shall not become final until the installation is completed to the satisfaction of the Health Officer and is certified in writing as being approved.
(d) The permit shall be prominently displayed at the construction site for the duration of construction.
(e) No certificate of occupancy will be granted for new construction until such time as the water supply system has been certified approved.
(C) Inspection. The Health Officer, or his or her agent, bearing proper credentials and identification, shall be permitted to enter upon all properties at any reasonable time and at any state of construction for purposes of inspection, observation, measurement, sampling and testing necessary to administer and enforce the provisions of this chapter, and further, the applicant shall notify the Health Officer when the work is ready for inspection. The inspection shall take place within two working days following the day of receipt of the notice by the Health Officer. The installation shall not be placed in service until its acceptance by the Health Officer.
(`83 Code, § 51.08) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.09 APPEALS.
(A) Any person who objects to a decision, ruling, regulation, determination or order made by the Health Officer under this chapter, or his or her attorney, may file with the Health Officer an appeal directed to the Board of Health.
(B) An appeal filed in such a manner shall stay the decision, ruling, regulation, determination or order appealed from, as the same applies to the appellant, until the Board of Health has taken final action on the appeal, except that an order to abate a hazard to the public health shall not be stayed by such an appeal.
(C) All decisions and findings shall be final administrative decisions and shall be subject to judicial review as provided by law.
(`83 Code, § 51.09) (Ord. 1977‑39, passed 12‑19‑77)
§ 52.10 VIOLATIONS.
(A) It shall be considered a violation of this chapter for any person to refuse to allow a representative of the Health Officer to inspect any water well or pump when he or she requests to make such an inspection during reasonable hours.
(B) When the Health Officer shall have found an insanitary condition to exist or shall have found a violation of the technical standards of this chapter which could reasonably be expected to lead to an insanitary condition, that officer shall give written notice of such finding to the person who is responsible for the correction of the condition, and the officer shall set a time limit for the correction to be completed. The “notice of violation” is to be posted conspicuously on the premises.
(C) Time limits as set by the Health Officer shall be reasonable and shall be consistent with the nature of the condition which brought about the notice of finding and shall be consistent with the amount of time which shall reasonably be expected to be required for the correction to be made under ordinary circumstances. Extensions of time may be granted under extraordinary circumstances or conditions.
(D) If such an insanitary condition shall not be corrected within the time limit set by the notice of finding or extension, the person shall be liable for maintaining a hazard to the public health and, upon conviction thereof, shall be guilty of a misdemeanor.
(E) It shall be a violation of this chapter for any person except the Health Officer to remove or allow to be removed a “notice of violation” posted on any property for a violation of this chapter.
(`83 Code, § 51.10) (Ord. 1977‑39, passed 12‑19‑77) Penalty, see § 10.99
§ 52.11 REMEDIES.
(A) The Health Officer or the Appeals Board may institute a suit for injunction in any court of competent jurisdiction to restrain any person, firm or corporation from violating the provisions of this chapter.
(B) The Health Officer or the Appeals Board may institute a suit for a mandatory injunction in any court of competent jurisdiction directing a person, firm or corporation to remove any component of a water well or pump installed in violation of the provisions of this chapter or to eliminate a hazard to the public health.
(`83 Code, § 51.98) (Ord. 1977‑39, passed 12‑19‑77)
Any person, firm or corporation found to be guilty of violating any provision of this chapter shall be fined for each separate offense not less than $10 nor more than $1000. Each day that an insanitary condition shall continue to exist beyond the number of days in the time limit or extension which is set by the Health Officer in the written notice of finding shall constitute a separate offense.
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