§ 52.048. EXCEPTION TO DISTANCE LIMITS; CONDITIONS.

(A) The City Council may consider allowing placement of water wells, as defined by state regulations governing public water supply systems (Title 179, N.A.C. 2) and state regulations governing water well construction, pump installation, and water well abandonment standards (Title 178, N.A.C. 12) as amended from time to time, closer to a city water well than the limitations set forth in § 52.047.

(B) Closer placement shall be allowed only under the following conditions:

(1) (a) An application must first be filed with the city showing the type of water well to be installed, the materials used, the operation of the proposed unit, and the person responsible for the actual installation of the water well. Preference, for approval, will be given to installations that do not disturb any water bearing strata.

(b) The city shall refer the application to its engineer for evaluation and report. The estimated cost of the engineer's fees must be paid at the time of filing the application. Any additional costs, which are reasonably incurred by the engineer in making their examination and report, shall be paid by the applicant, in addition to any previously paid estimated costs.

(2) (a) The City Council shall consider the engineer's report and any additional information submitted by the applicant. In reaching its decision on whether to allow the placement of a water well, as above defined, the City Council must act to prevent all sources of possible or likely water contamination.

(b) If the City Council approves the installation, it shall submit the application, together with the engineer's report, to the State Department of Health for final approval or denial.

(c) No installation shall be made without the approval of both the City Council and the State Department of Health.

(Prior Code, § 4-404)