Chapter 13.24
GROUNDWATER WELL DRILLING
Sections:
13.24.010 Drilling and subsequent use prohibited.
13.24.020 Violation – Penalty.
13.24.010 Drilling and subsequent use prohibited.
The drilling of any domestic, irrigation, geothermal, or other groundwater wells within the city limits of the city of Okanogan, Washington, or the subsequent use of any domestic, irrigation, geothermal or other groundwater well drilled in violation of this chapter, shall be prohibited by any person, firm, or corporation, from and after August 1, 2015. (Ord. 1151 § 1, 2015)
13.24.020 Violation – Penalty.
Any person, firm, or corporation who violates the terms of this chapter shall be subject to a civil penalty up to and not to exceed $250.00. Each violation and each day of drilling or use in violation of this chapter shall constitute a separate violation. In addition to the civil penalties, the city attorney, on behalf of the city of Okanogan, is authorized to seek to enjoin or restrain violations of this chapter, and in addition to statutory costs of suit, should the city obtain an injunction or a restraining order against any person, firm, or corporation violating the terms of this chapter, said person, firm, or corporation shall be liable for reasonable attorney’s fees incurred in the cost of said civil action. (Ord. 1151 § 1, 2015)
13.24.030 Exemptions.
The following groundwater wells are exempt from the provisions of this chapter:
A. Groundwater wells drilled for municipal purposes within the city limits by the city of Okanogan;
B. Groundwater wells drilled for private domestic, irrigation or geothermal purposes where such wells are required as a replacement for an existing groundwater well that has been in place and continually used for private domestic or irrigation purposes; provided, that:
1. It has been determined by the city that such well has a valid water right or use exemption; and
2. Is required to provide domestic or irrigation water (i.e., municipal services unavailable); or
3. Is constructed as a documented public benefit to address a documented environmental need.
C. Groundwater wells that have been determined by the city council of the city of Okanogan to be in the best interests of the city, city residents or the public at large and which do not pose a risk of contamination to the groundwater source, at the discretion of the city council, and as approved with conditions at the discretion of the city council including, but not limited to, recovery of costs incurred in processing such application and verifying compliance with state and local laws and regulations, or to verify there is no threat of contamination of the groundwater source. Such application when filed must explain the location, circumstances, method of construction, testing and use of the proposed groundwater well, and demonstrate conformity with state and local laws and regulations, and verify protection against contamination of the groundwater source. (Ord. 1151 § 1, 2015)