§ 13.04.420. Exceptions.

A residence or business establishment within the city using water for human habitation or occupancy may obtain its water from a private well as follows:

A.

Existing Wells. A well in existence on the effective date of the ordinance codified in this section may continue to obtain water from a private well as follows:

1.

For irrigation of grass and landscape plantings upon the property for so long as desired;

2.

For human habitation or occupancy until the date established at subsection (B)(4) of this section.

B.

New Wells. A well may be drilled only upon property which does not have access to the city water system within two hundred feet of the property, and use of the well for human habitation or occupancy may continue until the date established at subsection (B)(4) of this section.

1.

Permit. No person shall install or maintain a private well after the date of enactment of the ordinance codified in this section, or own or use a private well within the city after such date, unless the person has registered such well and obtained a permit for same from the city. The registration and permit process shall be completed on forms provided by the city.

2.

Contaminated Area. Notwithstanding anything to the contrary which permits a private well to remain in existence within the city, neither shall a new private well be drilled nor shall repairs to an existing private well be made after the date of enactment of the ordinance codified in this section, if the well is located within a contaminated area.

3.

Variance. The city council, upon recommendation of the superintendent of the city water system or the superintendent's designated assistant or agent, may consider a variance or exception to this section on application to the city.

4.

Termination of Use of Existing Wells. The use of any private well not permitted to continue under this section shall cease and the well shall be plugged in accordance with rules of the Iowa Department of Natural Resources on January 1, 2006, or ninety days after the date the public water system is extended to within two hundred feet of the affected property, whichever is later.

5.

Definitions. For use in this section the following terms are defined:

a.

"Private well" means any groundwater well, except a monitoring well used as a part of a remediation system, used both for drinking water and for non-drinking water purposes, including a groundwater well which is not properly plugged in accordance with rules of the Iowa Department of Natural Resources.

b.

"Contaminated area" means a point within an area that has groundwater contamination or that in accordance with design models of the Iowa Department of Natural Resources may become contaminated due to percolation of groundwater contamination in the vicinity of the well site.

c.

"Human habitation or occupancy" means use of water in the plumbing system of a residence or business used or occupied by humans.

C.

Rural Water. A resident or business establishment within the city using water for human habitation or occupancy may obtain its water from Mahaska Rural Water only upon approval by the city.

(Ord. 1205 §1 (part), 2005)