§ 13.36.020. Exceptions.

A.

This chapter shall not apply to any well/wells existing and in operation within the city limits on the date of the passage of the ordinance codified in this chapter or to the replacement of existing wells. The owner of any existing well to be replaced shall be required to secure a permit from the city council for the drilling and operating of the replacement well. If a replacement well is installed, the abandoned well is required to be plugged according to Chapter 39 of the Iowa Administrative Code. If in the city council's judgment an existing well is in such a state of disrepair or of such construction that the health and safety of the city public water supply could be compromised, the city council shall have the authority to require the plugging of the existing well according to Chapter 39 of the Iowa Administrative Code. In all other respects the ordinance codified in this chapter as originally adopted remains in full force and effect.

B.

This chapter shall not apply to any wells which, in the opinion of the city council, are required to be drilled by it for the purposes of obtaining and furnishing additional water for the general public use and the preservation and protection of the public health, safety and general welfare of the residents of the city.

C.

This chapter shall not apply to closed loop, vertical, geothermal heating and cooling loop fields. However, prior to the installation of the vertical loop field a city permit must be obtained. In order to receive a permit from the city, a map of the proposed loop must be provided along with a completed well installation permit signed by the county sanitarian or a member of the water supply section of the Iowa Department of Natural Resources authorized to provide water well installation permits.

D.

This chapter shall not apply to a private well upon written application to the city and a determination by the city council that any one of the following conditions exists:

1.

The point of water use is greater than three hundred feet from an accessible distribution water main owned and controlled by the city.

2.

The proposed private well is needed due to extraordinary circumstances caused by the location of the property within the city which, if private ground water sources were not used, would work an extraordinary hardship upon the property owner.

E.

Upon determination by the city council that an exception to the prohibition against the use of a private well exists as specified in subsection D., the utility superintendent shall verify with the department of natural resources that the placement, depth and other features associated with the proposed well do not conflict with any actively monitored LUST site or cause other water quality problems. Upon final determination by the utility superintendent a permit will then be issued by the city council.

(Ord. 1122, § 1, 6-1-2009; Ord. 1109 § 1, 2007; Ord. 1100 § 1 (part), 2007)