It shall be unlawful for any person, organization, company, corporation or other entity to dig, drill or construct a water well within the corporate city limits without first having registered said well with the city building official. Such registration shall be accompanied by a registration fee in the amount provided in the city fee schedule, no part of which will be refunded. Registration forms for private water wells shall be obtained from the city building official’s office and shall set forth:

(a)   Location of the well in relation to sewers.

(b)   Location of the well in relation to water lines.

(c)   Location of the well in relation to property lines and city right-of-way and easement lines.

(d)   Location of the well in relation to an existing disposal field.

(e)   Depth of the well.

(f)   Size and type of casing.

(g)   Description of pumping equipment used.

(h)   The well digger’s name and address.

(i)    An assurance that the registrant is aware of, and will abide by, all conditions contained in this division.

(j)    A statement that any permit or license required by the state has been approved.

(k)   A copy of the well drilling and construction plan.

(l)    Address of any property that will share water from the well, and the name of the owner or occupant of said property.

(Ord. 840; Code 2018)

(a)   Every well driller, before doing business in the city, must be licensed with the state pursuant to K.S.A. 82a-1206, and shall be registered with the city. Registration forms may be obtained from the city building official and must be submitted with a registration fee in the amount provided in the city fee schedule.

(b)   Each well driller shall file with the city a personal surety bond in the sum of $5,000.00 signed by one or more sufficient sureties or a bond in a like amount of some corporate surety company doing business in the city to be approved by the city clerk, conditioned that the licensee shall indemnify and hold harmless the city of and from all accidents, damages, liability, claims, judgment, costs or expense caused by any negligence arising from a failure to protect such drilling work, or by any unfinished, unskilled and inadequate work done in pursuance of his registration to drill wells, or arising out of furnishing defective material or from failure to execute and perform any work during the period of such driller’s registration. The obligee of said bond shall be the city and action may be maintained thereon by anyone injured by a breach of its conditions for a period of one year after the completion of any drilling work. All bonds tendered by the drillers shall be approved in writing, as to form and substance by the city administrator.

(c)   The applicant shall also provide a certificate of liability insurance coverage with bodily injury coverage in the sum of $100,000.00 for the injury or death of any number of persons in one accident, and with coverage in the sum of $100,000.00 for property damage in any one accident.

(Ord. 840; Code 2018)

Well drillers shall contact the city building official at least 48 hours in advance of commencing any site work in order that final site approval may be given.

(Ord. 840; Code 2018)

(a)   Abandoned private water wells shall be plugged in such circumstances and under such conditions and standards as contained in K.A.R. 28-30-7, which is hereby adopted and incorporated as if fully set forth in this section including all subsequent editions, amendments, supplements or appendices thereto. No well shall be plugged without the city building official being present to inspect the plugging procedures used.

(b)   Whenever the city building official shall find a well which has been improperly abandoned or discontinued for use, it shall be his duty to notify or inform the property owner on which such well is located, in writing, that such well must be abandoned in accordance with this division within 30 days of the time of service of such notice. Upon failure of the owner of the property upon which said well is located to comply with such order, the city building official shall properly plug such well, assessing the cost and expenses to the property upon which said well is located. Said expenses shall be certified by the city clerk to the county for placement on the tax rolls.

(Ord. 840; Code 2018)

(a)   Prohibited. No cross connections shall be allowed from a private well to or from the city water system.

(b)   Right of entry; termination of service. It shall be the duty of the owner or occupant of the property to give the city building official free and open access to the property at reasonable times for the purpose of making a cross connection inspection. If the city building official is denied entry to make said inspection or finds that a cross connection exists, the city may terminate the city’s water supply to that location in accordance with K.S.A. 65-163a.

(c)   Abatement; owner/occupant responsible for costs. If the city building official finds a cross connection exists, the city may terminate the city’s water supply to that location in accordance with K.S.A. 65-163a. The owner, tenant and lessee shall be liable jointly and severally for any damages to the city water system and users of the city water system caused by such cross connection.

(Ord. 840; Code 2018)

If it appears that the well drilling and construction plan for a well are not sound or violate any provision of this division, or the driller does not have the proper equipment, or if it appears that such well may endanger the integrity of the physical city water system or the quality of the city’s water, the city reserves the right to seek injunctive relief to prevent the construction of said well. In addition, the city reserves the right to seek injunctive relief, in addition to the notice and hearing procedure contained in section 15-708, prohibiting the operation of any private well.

(Ord. 840; Code 2018)

Minimum construction standards for constructing private water wells are as contained in K.A.R. 28-30-6, which is hereby adopted and incorporated as if fully set forth in this section, including all subsequent editions, amendments, supplements or appendices thereto.

(a)   The minimum distance standards contained in K.A.R. 28-30-8, are hereby adopted and incorporated as if fully set forth in this section, including all subsequent editions, amendments, supplements or appendices thereto except as follows:

(1)   No private water well shall be constructed closer than 50 feet of any disposal field or sewer line, nor any disposal field or sewer line constructed closer than 50 feet of an existing private water well. No well shall be constructed closer than 25 feet of any existing public supply water line.

(2)   No private water well shall be constructed so as to encroach upon any city right-of-way or city easement unless such location is authorized in advance by the city for the purpose of testing groundwater contamination.

(b)   Disposal of well water used for heating and/or cooling shall be through reinjection back to the same level of aquifer, except that during the spring, summer and fall months such water used for heating and/or cooling may be used for domestic lawn or garden watering.

(c)   Backflow prevention devices shall be installed in accordance with section 15-603 through 15-605 and shall be maintained by the property owner, occupant or lessee.

(d)   The well driller shall maintain a well log for each well constructed and shall file said well log with the city building official within 30 days after well construction is completed.

(e)   The city building official shall be allowed to inspect any well during construction and any time thereafter. The well driller shall contact the city building official for final site approval at least 48 hours prior to any site work.

(Ord. 840; Code 2018)

(a)   Notice. Upon notice and hearing, city council may order the discontinuance of the use of a private water well where it has reason and cause to believe that the public health and/or welfare is endangered. Notice shall be given by residential service to the occupant of the premises upon which the well is located not less than ten days prior to said hearing. In the event the premises is not occupied, notice shall be posted, not less than ten days prior to said hearing, upon the premises and by return receipt mail to the premises’ registered owner according to county records.

(b)   Temporary order due to public safety concerns. In the event any private water well poses an immediate threat to public health and/or welfare, the city building official may order the temporary discontinuance of the use of that private water well pending notice and hearing before the city council. Said notice and hearing shall be in accordance with subsection (a) of this section, and said hearing shall occur not later than 15 days, excluding weekends and holidays, after the city building official orders the temporary discontinuance.

(c)   Appeals. Any property owner or occupant who receives an order of discontinuance from the city council may appeal said ruling to the county district court. Said appeal shall be filed with the clerk of the district court within ten days of said ruling. Said appeal shall not stay any order of discontinuance.

(Ord. 840; Code 2018)

All private water wells existing within the city limits on February 3, 1997, shall be grandfathered from the provisions of sections 15-702, 15-703 and15-707(a) and (b).

(Ord. 840; Code 2018)

Any violation of this division shall be punishable in the city municipal court. The penalty shall be as contained in the general penalty section 1-116. Each day a violation of this division occurs shall be a separate offense.

(Ord. 840; Code 2018)