Chapter 13.32
GENERAL PROVISIONS FOR DRILLING WATER WELLS
Sections:
13.32.010 General provisions for drilling water wells.
13.32.020 Permitting of water wells.
13.32.030 General standards for water wells.
13.32.040 Well driller certification requirements.
13.32.050 Violations – Penalties.
13.32.010 General provisions for drilling water wells.
A. Compulsory Connection to City of Water Utility.
1. No water wells shall be permitted within the City limits for properties located within the sulfolane contaminated groundwater plume with a sulfolane level of sixteen parts per billion (ppb) or greater or for properties projected to be within the plume with a sulfolane level of sixteen parts per billion (ppb) or greater within the next ten years. It is the responsibility of the land owner to submit substantiating documentation establishing, by a preponderance of the evidence, that the sulfolane plume will not contaminate a new water well.
a. Unless otherwise specified, all determinations under this section shall be made by the Mayor or his designee in writing, subject to an appeal, on the record, to the City Council of the City of North Pole. Any appeal shall be filed with the City Clerk no later than twenty days after the written decision is mailed to the water well permit applicant at the address provided on the application. The notice of appeal shall include all grounds for the appeal and any grounds for appeal not set forth in the notice of appeal shall be deemed waived.
2. No residential water wells shall be permitted within the City limits when municipal water is available to the property as defined in subsection (A)(3) of this section.
3. Connection to North Pole Utilities water system shall be mandatory within a voter-approved special assessment district or whenever the property has direct access to the municipal facilities and the structure on the property is within two hundred feet of the municipal water facility. Also see NPMC 13.12.090, Compulsory connection to City water and sewer utility.
B. No person shall cause or permit the construction of a surface or subsurface water source for human consumption without holding a valid permit issued by the City in the name of the property owner for the specific property and construction proposed. The well drilling contractor shall have a copy of the valid permit at the site of the drilling operation.
C. No person shall cause or allow the placement of any refuse, trash, waste, or contaminated or hazardous substance into any existing or abandoned well or domestic water source.
D. No person shall cause or allow the construction of a domestic water source violating the laws or regulations of the State or the City.
E. No person may cause the construction, installation or use of a cross-connection between a domestic, active or decommissioned water well and the public water system.
F. No person shall allow the waste of water by free-flowing wells, whether by surface discharge or into the lower strata underground, without putting it to beneficial use. (Ord. 15-10 § 2, 2015)
13.32.020 Permitting of water wells.
A. Permit to Drill.
1. An application to drill a new or replacement well shall be submitted to the City by the property owner or his/her authorized agent prior to the commencement of drilling operations.
2. A permit for domestic water source shall not be issued if there is no existing or permitted on-site wastewater disposal system or connection to public sewer service for the property available, scheduled and approved. A variance may be issued for non-drinking-water wells constructed in accordance with the standards of this chapter; for example, landscaping, construction, water sampling, etc.
3. A permit for a domestic residential water well shall expire one year from the date of issuance, but may be renewed for one additional year.
B. Application. The application shall be on a form provided by the City and shall be signed by the property owner or property owner’s agent attesting the well shall be sited, drilled and completed in accordance with standards and provisions of Alaska State Statutes and regulations.
1. The applicant shall submit a site plan signed by the property owner or property owner’s agent drawn on an eight-and-one-half- by eleven-inch sheet (or larger if necessary to comply with this chapter) to a scale not smaller than one inch to fifty feet. The site plan shall show the:
a. Legal description of the lot or parcel;
b. Location of the proposed well;
c. Lot lines, roads, rights-of-way and easements on or adjacent to the lot;
d. Location of all existing structures on the lot;
e. Measured distance to all existing water supply wells within fifty feet of the proposed well site and the approximate location of all wells within two hundred feet on the subject and adjacent properties;
f. All applicable protective well radii; and
g. The location or proposed location of all components shown in Table A-1, and areas containing hazardous waste or other potential pollutants within one hundred fifty feet of the proposed well.
C. Revocation, Suspension and Restriction of Permits. The Mayor or his designee may revoke, suspend, or otherwise restrict a permit issued under this chapter upon any of the following grounds:
1. Any false statements set forth in the application;
2. Any violation of the express terms or provisions of the permit;
3. The commission of any act or omission violating the requirements of this chapter; or
4. Failure to comply with State and Federal regulations. (Ord. 15-10 § 2, 2015)
13.32.030 General standards for water wells.
A. Prohibited Wells. Well pits are prohibited.
B. Well Location and Minimum Setbacks. The location of a well shall be at a site readily accessible year round for testing, repair or maintenance purposes. The minimum separation requirements between wells and other specified facilities or areas are listed in Table A-1. Whenever there is a conflict between State and City minimum separation requirements, the most conservative standard shall apply to provide the greatest protection of public health and safety.
|
SEPARATION OF WELL FROM: |
MINIMUM SEPARATION DISTANCE IN FEET |
|---|---|
|
Property line |
10 |
|
Private sewer line |
25 |
|
Curtain drain |
25 |
|
Petroleum hydrocarbon storage tank |
25 |
|
Sewer trunk line |
75 |
|
Any other source of potential contamination |
75 |
|
Holding tank |
75 |
|
Septic absorption field |
100 |
|
Sewer manhole or cleanout |
100 |
|
Septic tank |
100 |
|
Animal containment areas |
50 |
|
Manure/animal excreta storage areas |
100 |
C. Well Identification. All wells shall be labeled with a durable form of construction information upon completion or stamped upon the exposed well casing the following information:
1. The name of the drilling contractor.
2. The date the well was completed.
3. Classification of well.
4. The total depth of casing.
D. Well Logs. The well driller shall provide a well log to the City within thirty days of completion of the well. The well log shall include at least the following pertinent information:
1. The property owner’s name.
2. The legal description and street address of the well.
3. The name of the drilling contractor.
4. The date the well was completed.
5. Classification of well.
6. The total depth of casing.
7. Picture of the information attached or stamped upon the casing that clearly document the required information is affixed to the casing. (Ord. 15-10 § 2, 2015)
13.32.040 Well driller certification requirements.
It shall be a violation of City of North Pole Municipal Code for any person or company to engage in the business of drilling or deepening a water well unless the person or company holds a general or subcontractor’s license issued by the State of Alaska and a City of North Pole business license. (Ord. 15-10 § 2, 2015)
13.32.050 Violations – Penalties.
One or more remedies of this section may be used against violators of this chapter:
Violation of the provisions of this chapter shall constitute an infraction. Upon first conviction for a violation of this chapter, a person shall be fined not more than $250 (two hundred fifty dollars). A person convicted for the second and succeeding violations may be punished by a fine of not more than $500 (five hundred dollars). Each thirty days a violation continues shall be considered a separate offense.
Any person affected may institute an action or proceeding to prevent, restrain, correct and/or abate the unlawful uses, conduct, business or acts prohibited by this chapter.
Violations of this chapter on properties within the City limits, and which violations continue in excess of sixty days after notice to the owner or occupant of the property, are declared a public nuisance and may be ordered abated by the Council. The designee shall report the cost to abate the violation to the Council. After notice to the alleged violator and an opportunity to be heard, the Council, by written order, shall determine the monetary amount, if any, to be charged to abate the violation. The owners and occupants of the property shall be jointly and severally liable to the City for the amount determined by the Council as required to abate the nuisance and that amount shall be collectable against the violator(s) as a final judgment pursuant to Alaska law. (Ord. 15-10 § 2, 2015)