TITLE
V: PUBLIC ORDER, SAFETY, AND HEALTH
CHAPTER 1
WELLS
5-1-1 Purpose
5-1-2 Definitions
5-1-3 Applicability
5-1-4 General
5-1-5 Inspection
5-1-6 Variances
5-1-7 Abandoned Wells
5-1-7.1 Monitoring Wells
5-1-1 PURPOSE. An Chapter setting forth the requirements for construction,
repair or rehabilitation for non-public water well; providing for a permit
and setting a fee for that permit; providing for variances; providing for
the plugging of abandoned wells, setting forth the procedures in accordance
with the Iowa Administrative Code, 567-39 and providing for penalties for
violation.
5-1-2 Definitions. All terms used herein are defined
in Chapter 49 and Chapter 38 of the Iowa Administrative Code, Iowa
Department of Natural Resources, and shall have the same definition and
meaning as given therein, except as follows:
1.
"Administrative
Authority." The Administrative
Authority is the Lee County Board of Health, and shall include its agents
and employees.
2.
"Abandoned Well." A well whose use has been permanently
discontinued. A well shall be
considered abandoned when its condition is such that its continued use is
impractical or no longer desired.
Additionally, a water well which is in a state of disrepair such
that its continued existence for use constitutes an actual or potential
hazard to the ground water source is an "abandoned well".
3.
"Department." Department means the Lee County Health
Department.
4.
"Person." A person is any individual, firm,
association, or corporation recognized as a legal entity and capable of
suing or being sued in its own names.
5.
"Water Well." An excavation that is drilled, cored,
bored, augered, washed, driven, dug, jetted or otherwise constructed for
the purpose of exploring for groundwater, monitoring groundwater, utilizing
the geothermal properties of the ground, or extracting water from or
injecting water into the aquifer.
Water well does not include an open ditch or drain tiles or an
excavation made for obtaining or prospecting for oil, natural gas,
minerals, or products mined or quarried.
5-1-3 Applicability.
1.
This act shall apply to all non-public
water wells, including those constructed after the effective date of these
rules and include existing wells undergoing major rehabilitation or reconstruction
within Lee County, Iowa.
2.
This resolution shall have general
application within Lee County, Iowa except as follows:
a.
This resolution shall not apply to any
structure where county regulation would be void or prohibited by law.
5-1-4 General.
1.
Except as provided in sub-paragraph B,
no person, specifically including landowner or contractor, shall begin any
new construction, major rehabilitation or reconstruction of any non-public
water well within the scope of this Ordinance unless all of the following
conditions are met. Nothing in
these rules shall be construed as exempting public water supply wells from
construction permits and water withdrawal permits as required by the
Department of Natural Resources.
a.
A permit must be obtained from the department. A permit will remain valid for a period
of six (6) months from the date of issuance.
1.
Application forms for permits shall be
provided by the department. The
application form must be completed before a permit may be issued. The
application may request any information as may be necessary or helpful in
record keeping and in determining compliance with this Ordinance and
Chapter 38.4 of the Iowa Administrative Code.
2.
The application for permit must be
signed by the landowners and/or persons in possession of the land and shall
contain the following: "The
undersigned applicant hereby grants permission to the Lee County Health
Department to enter upon the property of the proposed well site to conduct
necessary inspection and testing."
b.
Requirements of Chapter 49 must be met as
published in the Iowa Administrative Code.
c.
The fee for the issuance of the permit
shall be established by resolution of the Lee County Board of Health. The fee should cover the cost of the
necessary inspection, processing and administration. The Board of Health may, from time to
time, change the amount of the fee, by resolution. The fee must be paid prior to the
issuance of the construction and/or provisional permit. The fee is non-refundable and the
provisional permit is non-transferable.
d.
Each permit shall include notification
that a private well construction permit is not a water withdrawal permit
and does not eliminate the necessity of obtaining any water withdrawal
permits required in Chapters 5l and 52 of the Iowa Administrative Code from
the Department of Natural Resources.
2.
The following types of excavations or
drillings are exempt from the requirements of this section: soil boring, percolation test holes, and
sand and gravel and limestone exploration holes, excavations for storing and
extracting natural gas and other products, gravel pits, quarries and
temporary de-watering well. Test
holes used to determine the availability, quality or depth of groundwater
are also exempt provided that all the following conditions are met:
a.
The use of the test hole is limited to
the conduct of the test only.
b.
The duration of the test is not more
than seven consecutive days.
c.
The test hole is properly closed
immediately after the test is completed in accordance with Chapter 39
"Requirements for Properly Plugging Abandoned Wells."
3.
A private water well must be constructed
by a well driller registered with the Department of Natural Resources.
4.
Denial of a permit. The Department may deny a private well
construction permit if granting the permit would lead to the violation of
state law, would result in groundwater contamination, would lead to
withdrawal from a protected source; or the Administrative Authority
determines that the well would threaten public health or the environment. Any applicant aggrieved by a decision
issued under the provisions of this resolution may file a notice of appeals
with the Lee County Board of Health.
The notice of appeal must be filed within thirty (30) days of the
date of the permit decision.
5-1-5 Inspection.
1.
The Department shall have the duty to
conduct on-site inspections with each well subject to the permit
requirements of Section 3.
2.
If the Department has reason to believe
that a violation of this ordinance exists, the Department shall investigate
and may apply for an Administrative Search Warrant, should permission to
inspect the premises be denied.
5-1-6 Variances.
1.
Where specific design requirements are
not met for non-public water wells as set forth in the Iowa Administrative
Code, the Department may:
a.
Issue a permit provided there is
substantial compliance with the applicable rules as contained in the Iowa
Administrative Code and as contained herein; and the water obtained from
the well is not polluted or contaminated as defined in the Iowa Administrative
Code definitions.
b.
If the requirements of Subsection 1
herein are not met, the Department may, issue a provisional permit, which
will grant a variance from the requirements for a period of one year. That permit may be renewed. The permit shall require semiannual
testing of the water from the well for bacterial and/or nitrate
levels. One of the semiannual
samples required will be conducted under the direct supervision of the
Department. The analysis shall be
conducted by an approved laboratory, and shall be at the homeowners'
expense. The Department shall be
provided a copy of the results of each test.
c.
If the results from the semiannual
testing required by the issuance of the provisional permit are unacceptable
relative to drinking water quality as determined by the approved
laboratory, an appeal for a variance may be made to the Administrative
Authority provided the well owner establishes:
1.
That continued use of the well water
will not be a health hazard to the occupants, and
2.
That a notice shall be posted directly
above every faucet in the residence stating in effect "NOTICE: This water does not meet the standards
for drinking water quality as specified in the Safe Drinking Water
Act." Approved placards must
be obtained from the Department.
d.
Should a variance be denied or not
renewed, the Department shall issue notification that the use of the well
must cease within 90 days. Failure
to comply shall constitute a violation of this Chapter.
5-1-7 Abandoned
Wells.
1.
The owner whose land upon which an
abandoned well is located must rehabilitate or reconstruct the well to meet
the requirements of this Chapter or plug the well.
2.
Any person, landowner, or contractor who
plugs an abandoned well within the scope of this resolution shall do so in
accordance with the standards set forth by Chapter 39 of the IAC
"Requirements for Properly Plugging Abandoned Wells."
5-1-7.1 Monitoring
Wells. Any person, landowner
or contractor who installs a monitoring well shall do so in accordance with
the standards set forth in Chapter 110 of the Iowa Administrative Code
"Hydrogeologic Investigation and Monitoring Requirements”. The Department shall be notified upon
abandonment of a permitted monitoring well.
Dated September 28, 1989
Revised July 15, 1992
Revised March 15, 1999
Approved March 18, 1999
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