Chapter 12.06
GROUNDWATER WELL DRILLING
Sections:
12.06.010 Drilling and subsequent use prohibited.
12.06.020 Violation – Penalty.
12.06.010 Drilling and subsequent use prohibited.
The drilling of any domestic, irrigation, geothermal or other groundwater wells within the city limits of the city of Tonasket, 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 the effective date of the ordinance codified in this chapter. (Ord. 758 § 2, 2015).
12.06.020 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 Tonasket, 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 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. 758 § 2, 2015).
12.06.030 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 Tonasket;
B. Groundwater wells with an approved application. Said approved well applications are those that have been determined by the city council of the city of Tonasket to be in the best interests of the city, city residents or the public at large, which do not pose a risk of contamination to the groundwater source or to the aquifer of the community. Application may be approved, or approved with conditions or rejected at the discretion of the city council. Said conditions may include but are not limited to recovery of costs incurred in processing the 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. 758 § 2, 2015).