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Water Well Ordinance
November 14, 2018

Section 1: SCOPE

An ordinance regulating water supplies, the construction and modification of water wells, the sealing of abandoned wells, and the inspection of water supplies and their components within ______________County, Illinois.

Whereas, the Board of Health of DeWitt-Piatt Bi-County Department of Public Health has deemed it necessary and desirable to regulate water supplies for health purposes, and ground water protection, and accordingly has recommended adoption of the following Ordinance:

Section 2: DEFINITIONS

The following definitions shall apply in the interpretation and enforcement of this Ordinance:

1. ABANDONED WELL means a water or monitoring well which is no longer used to supply water, or which is in such a state of disrepair that the well or boring has the potential for transmitting contamination into an aquifer or otherwise threatens the public health or safety.

2. COMMUNITY PUBLIC WATER SYSTEM means a public water system which serves at least 15 service connections used by residents, or regularly serves 25 or more residents for at least 60 days per year.

3. HEALTH AUTHORITY means that person or persons designated by the DeWitt-Piatt Bi-County Board of Health to enforce this Ordinance.

4. HEALTH DEPARTMENT means the DeWitt-Piatt Bi-County Department of Public Health, including its duly authorized representatives.

5. HEALTH DEPARTMENT ADMINISTRATOR means the individual selected by the DeWitt-Piatt County Board of Health to administer and enforce the policies, ordinances, resolutions, and laws of said Board.

6. NON-COMMUNITY PUBLIC WATER SYSTEM means a public water system which is not a community water system, and has at least 15 service connections used by nonresidents, or regularly serves 25 or more nonresident individuals daily for at least 60 days per year.

7. POTABLE WATER means water that is suitable for human consumption and which meets health standards for drinking water.

8. PRIVATE WATER SYSTEM means any supply which provides water for drinking, culinary, and sanitary purposes, and serves an owner/occupied single family dwelling.

9. SEMI-PRIVATE WATER SYSTEM means a water supply which is not a public water system, yet which serves a segment of the public other than an owner/occupied single family dwelling.

10. WATER WELL means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use is for the location, diversion, artificial recharge or acquisition of groundwater, except monitoring wells.

Section 3: ADOPTION BY REFERENCE

In addition to those provisions set forth, this Ordinance shall be interpreted and enforced in accordance with provision set forth in the following statutes, rules, and regulations of the State of Illinois, Department of Public Health, and any subsequent amendments or revisions thereto, which publications are incorporated herein and adopted by reference as part of this Ordinance.

                1. “Illinois Water Well Construction Code.” (77 Il. Adm. Code 920)

                2. “Illinois Water Well Pump Installation Code.” (77 Il. Adm. Code 925)

                3. “Public Area Sanitary Practice Code.” (77 Il. Adm. Code 895)

                4. “Drinking Water Systems Code.” (77 Il. Adm. Code 900)

                5. “Surface Water Treatment Code.” (77 Il. Adm. Code 930)

Section 4: PUBLIC WATER USE

In those locations where a public water supply is reasonably available, that supply shall be the sole source

of water for drinking and culinary purposes. A public water supply shall be deemed reasonably available

when the subject property is located within 200 feet of the public water supply to which connection is

practical and is permitted by the controlling authority for said water supply.

Section 5: POTABLE WATER SUPPLY REQUIRED

All premises intended for human habitation or occupancy shall be provided with a potable water supply.

The potable water supply shall not be connected to non-potable water and shall be protected against

backflow and backsiphonage in accordance with the requirements of the “Illinois Plumbing Code”.

Each potable water supply shall provide quantities of water that are sufficient for drinking, culinary,

and sanitary needs of the dwelling or premises served. A minimum system pressure of 20 pounds

per square inch shall be maintained throughout each potable water supply.

Section 5.1: SURFACE WATER SUPPLIES

All water systems which receive their source of water from ponds, lakes, streams, rivers, or other surface

collectors of water shall be designed, constructed, and operated in accordance with the “Surface Water

Treatment Code”. No surface water shall be utilized as a potable water supply unless the Health Authority

has reviewed and approved the supply and its components.

Section 5.2: CISTERNS

Cisterns shall not be used as a potable water supply except where adequate groundwater resources are not

available. Cistern water shall receive treatment in accordance with the “Surface Water Treatment Code”.

No cistern water shall be utilized as a potable water supply unless the Health Authority has reviewed and

approved the supply and its components.

Section 6: ABANDONED WELLS

Wells that are abandoned shall be sealed in a manner prescribed by the Health Authority and the “Illinois

Water Well Construction Code”. The Health Authority shall inspect abandoned wells which have been

sealed to determine compliance with the Ordinance. In questionable cases, the Health Authority shall

make the determination as to whether a water well is considered abandoned, based upon the definition of

an “abandoned well” and the facts in each particular case.

Section 7: PERMIT REQUIRED

No water well shall be constructed or deepened except in accordance with this Ordinance, and it shall be unlawful to proceed with such work unless a permit has first been obtained from the Health Authority. A non-community public water supply shall not be operated without first obtaining a permit from the Illinois Department of Public Health.

Section 7.1: APPLICATION FOR PERMIT

All applications for permits under the provision of this Ordinance will be made in writing and in such form as prescribed by the Health Authority. The application will include specifications specific to each proposed water well and will include a statement as to any restrictions relating to the location, materials, components, or type of water well to be constructed. The application will also include the location of the proposed well, location of private sewage disposal systems and/or water wells, both private and public, on adjacent properties. It will be the responsibility of the applicant to obtain all necessary data and to design a system which will meet the requirements of this Ordinance.

Section 7.2: ISSUANCE OF PERMIT

Upon submission of the application for permit, including the plans and specifications of the proposed water well or component thereof, the Health Authority will review said application prior to issuance of a permit. If the Department, upon review of said application, finds that such application meets the requirements of this Ordinance, and upon payment of the required fee, a permit will be issued to the applicant.

Section 7.3: PROPERTY OWNER’S RESPONSIBILITY

It shall be the responsibility of the property owner to obtain a permit before any construction or deepening of a water well is begun. Failure of the property owner to obtain a permit before any construction or deepening of a water well is begun shall constitute a violation of this Ordinance.

Section 7.4: WATER WELL AND/OR PUMP INSTALLATION CONTRACTOR’S RESPONSIBILITY

It shall be the responsibility of the Water Well Contractor to insure that a permit has been issued before any construction or deepening of a water well is begun and to follow the conditions of said permit. Failure of the Water Well Contractor to insure said permit has been issued or to violate the conditions of said permit shall constitute a violation of this Ordinance. All water wells shall be constructed in accordance with the “Illinois Water Well Construction Code”. All individuals who construct water wells and install well pumps shall be licensed by the Illinois Department of Public Health in accordance with the “Water Well and Pump Installation Contractor’s License Act” (225 ILCS 345/1).

Section 7.5: PERMIT VALIDITY

A permit to construct or deepen a water well is valid for a period of twelve (12) months from the date of issuance. If construction has not started within this period, the permit is void. A request for extension of the permit may be made to the Health Authority if construction will be delayed.

Section 7.6: EXCEPTIONS

A permit to construct or deepen a water well shall not be required by the Health Authority when such water well does or will serve a community public water system or function as a monitoring well.

Section 8: INSPECTIONS

The Health Authority shall have the authority to enter any property at any reasonable time for inspection purposes to determine compliance with the provisions of this Ordinance. It shall be the duty of the owner or occupant of a property to allow the Health Authority free access to the property for the inspection purposes to determine compliance with the provisions of this Ordinance.

Section 8.1: INSPECTION OF COMPLETED WORK

If the Health Authority, upon inspection of the specified installation or component thereof, finds that such work meets the provisions of this Ordinance, the Health Authority shall approve such work and authorize operation of the water well. However, compliance with Section 9 shall be obtained prior to utilizing the water system for drinking and culinary purposes.

Section 8.2: NOTIFICATION FOR INSPECTION

The Health Authority shall be notified at least two (2) days prior to commencing the construction or

deepening of a water well for which a permit has been issued. The Health Authority shall also be notified at least two (2) days prior to sealing of an abandoned water well at which time a date for inspection will be arranged. It shall be the responsibility of the Water Well Contractor to notify the Health Authority as required.

Section 8.3: SUSPENSION OF PERMIT

Upon inspection by the Health Authority, if it is found that any provisions of this Ordinance or any permit specifications for a stated property have been violated, the Health Authority shall notify the installer to make such specified changes in the work to allow compliance with the provisions of this Ordinance and the permit. If such changes are not made within a period of time specified by the Health Authority, said permit shall be suspended, and it shall be unlawful to place the water well into operation.

Section 9: DISINFECTION AND ANALYSIS

All components of a new water well construction and/or modification shall be thoroughly disinfected with a strong chlorine solution which will yield a dosage of at least 100 parts per million to the water in the well. After purging the system of any chlorine residual, a water sample shall be taken and satisfactory bacteriological results, as confirmed by a certified laboratory, shall be obtained prior to utilizing the water system for drinking and culinary purposes. A certified laboratory shall mean a laboratory operated by the Illinois Department of Public Health or a  laboratory given certification approval by the aforementioned agency for analyzing samples of water for potable use.

Section 10: PENALTIES

Any person who violates any provision of this Ordinance, which violation constitutes a violation of any

rule, regulation, order, or determination of the Department of Public Health of the State of Illinois, adopted

or made by said Department pursuant to said Act, shall be guilty of a Class A misdemeanor and fined not

less than $100.00. Any other violation of this Ordinance shall be deemed a Petty Offense. Each day’s

violation constitutes a separate offense.

This Ordinance shall be in full force and effective immediately upon its adoption as provided by law.

The above and foregoing Ordinance was adopted on the _________day of ____________________ 19___

____________________________________________________________________________

Chairman of the County Board of the County of _____________________ Illinois.

____________________________________________________________________________

Clerk of the County Board of the County of ____________________Illinois

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