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HomeMy WebLinkAboutWater Well Ordinance r A e. cor Hamilton County Health Department 940 N. 10th Street Phone 773-0132 NOBLESVILLE, INDIANA 46060 November 13, 1991 To: All Planning Departments and Building Commissioners From: Barry McNulty, Chief Sanitarian Tflf- Re: Water Well Ordinance Effective January 1, 1992, an Ordinance regulating all private water well construction and maintenance in Hamilton County begins. As we have cooperated in the past with septic permits, I am requesting that all applicants not served by a public water supply present you with a Well Construction Permit before your department issues a Building Permit. I have enclosed a copy of the ordinance for you records. A special note is that geothermal wells are also included under this ordinance. As always, I appreciate your cooperation and help in protecting the Public Health and the citizens of Hamilton County. ORDINANCE ESTABLISHING r 5 4 MINIMUM STANDARDS FOR WELL AND WATER SUPPLY SYSTEMS PURPOSE: An ordinance regulating the installation, construction and maintenance of wells, pumps and geothermal heat pump systems within Hamilton County as necessary for the protection of the Public Health, Safety, and Welfare of the citizens of Hamilton County, IN. 1.0 PERMITS AND INSPECTION: a) Before commencement of construction of a well or geo— thermal heat pump system, the owner or agent shall obtain a written permit signed by the Health Officer. No person shall perform any work on such project until such permit is obtained. The application for such per— mit shall be made on forms provided by the Hamilton County Health Officer. Such application shall contain any plans, specifications and other information as deemed necessary by the Health Officer. b) Permits shall be valid for one year after date of issue. c) In emergency situations, the applicant for the well permit shall notify the Health Officer of pending installation and obtain a permit within the next scheduled work day. d) A permit inspection fee of the amount specified in the Fee Schedule Ordinance of Hamilton County shall be paid to the Hamilton County Health Department at' such time as the permit is issued. e) Before the installation of any pump or facilities to convey water from a well, including pitless adaptors, well seal, well houses, or connection piping.constr— ucted as part of a private water supply built under the provisions of this ordinance, the owner or agent shall obtain a written permit signed by the Health Officer. No person shall perform any work on such project until such permit is obtained. The application for the per— mit shall be made on forms provided by the Hamilton County Health Officer. Such application shall contain any plans, specifications and any other information as deemed necessary by the Health Officer. f) Permits shall be valid for one year after the date of issue. g) In an Emergency situation, the applicant for the pump permit shall notify the Health Officer of pending installation and obtain a permit within the next scheduled working day. h) A permit inspection fee of the amount specified in the Fee Schedule Ordinance of Hamilton County shall be paid to the Hamilton County Health Department at such time as the permit is issued. i) Iin Health (Officer shall be allowed Lo inspect the well construction and pump installation at any stage of con- struction or installation. In any event, the applicant shall notify the Health Officer when the work is com- pleted or of his intention to abandon the well, all in r compliance with this ordinance. The inspection shall be made within two (2) working days of receipt of notice to the Health Officer. J) A separate permit shall be required for the install- ation of an open -loop geothermal return well. 2.0 CONSTRUCTION OF WELLS AND OPEN -LOOP RETURN WELLS: The construction of wells and open -loop geothermal return wells must be installed in accordance with Title 310 IAC 16 and as hereafter amended- Rules Concerning Regulation of Water Well Drilling. 3.0 ABANDONMENT OF WELLS AND OPEN -LOOP RETURN WELLS: The abandonment of wells and open -loop geothermal return wells must conform to the standards out- lined in Title 310 IAC 16 and as hereafter amended- Rules Concerning the Regulation of Water Well Drilling. a) A licensed well driller or a professional engineer must certify that a well has been properly abandoned. This certification must be submitted to the Hamilton County Health Officer for recording purposes. A Proper Well Abandonment Statement will be issued upon recording of such information as required by the Health _0.fficer. 4.0 POWERS FOR INSPECTION AND ENFORCEMENT: a) The Health Officer or his agent, bearing proper credentials and identification, shall be permitted to enter upon all properties at proper times for the pur- pose of inspection, and /or monitoring necessary to carry out the provisions of this ordinance. b) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance, he shall give notice to such alleged violations to the person or persons responsible therefore, as hereinafter provided. Such notice shall: 1) Be put in writing. 2) Include a statement of reasons why it is being issued. 3) Allow a reasonable time for the performance of any act it requires. 4) Be served upon the owner or his agent, or the occupant, as the,case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon him personally or by certified mail. 5.0 PENALTIES: a) Any person, firm or corporation who shall" violate any provisions of this ordinance shall be served wi Lh notice of the violation. The Health Officer may then file violations of this code by infor•mationHand summons on forms provided by the Hamilton County Board of Health. r•. b) Any person, firm or corporation upon being found to have violated the provisions of this ordinance shall be punished for the first offense by a fine of not more than five hundred dollars for the second offense of not more than one thousand dollars($1000.00); and for the third and subsequent offenses by a fine of not more than two thousand five hundred dollars ($2500.00). Each day of violation shall constitute a distinct and separate violation. c) Any person, firm or corporation violating any provision of this ordinance shall become liable to the Hamilton County .Health Department for any expense, loss, or damage occurred by reason of the violation and abatement. 6.0 REPEALER: a) All ordinances or parts of ordinances in conflict herewith are hereby repealed. b) The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance. 7.0 EFFECTIVE DATE: The inspection and permit requirements will not be effective until January 1, 1992. The construction and abandonment requirements are effective immediately. Passed and adopted by the Hamilton County Board of Commissioners on this J !Ez day of President fi 4 111 Member /I1 Member THE DULY ELECTED, qualified and acting Board of Commissioners of Hamilton County,IN. ATTEST: /90 6-1- 1124—..„ Count Au Y itor