Chapter 14 · Waterworks

Article 3. Private Water Wells

Sections 14-301 to 14-309 · 9 sections

14-301 Well drilling permitted on conditions.

It is unlawful for any person, party, corporation or other organization or entity to drill or cause to be drilled a water well within the corporate limits of the City of Peabody, Kansas, unless the same is done in compliance with the terms of this article; provided, however, that water wells drilled at the direction of the governing body as part of the public water supply system shall be exempt from the provisions of this article.

(Ord. 866; Code 2016)

14-302 Application to drill; permit fee.

Before any water well is drilled within the corporate limits of the City of Peabody, Kansas, the applicant shall submit to the City Clerk a written application for a well-drilling permit and a permit application fee in the amount of Twenty Dollars ($20.00). The City Clerk shall then submit such application to the governing body for its consideration, with the approval of the permit to be dependent upon there being satisfactory evidence of compliance with the requirements of this article.

(Ord. 866; Code 2016)

14-303 Inspection.

Upon receipt of an application, and before the matter is considered by the governing body, the proposed site well shall be inspected by a designated employee or agent of the City to insure that it will not interfere with any existing or planned city utilities or easements.

(Ord. 866; Code 2016)

14-304 Conditions of the application.

The application shall contain the following covenants:

(a)That the drilling of the well will comply with all terms and conditions set forth in K.S.A. 82a-l203, et seq., and any amendments thereto.

(b)That water from such well shall be used for irrigation purposes only, and shall never be connected by any plumbing or otherwise to the City’s public water supply system, or connected to any building served by the City’s public water supply system, or so situated or permitted to drain into the City’s sanitary sewer system.

(c)That the well shall be properly cased with S.C.H. 40 P.V.C. well casing, or any other casing of comparable strength, and then properly cemented.

(d)That any designated city employee shall be authorized to enter upon applicant’s premises at any reasonable time for the purpose of conducting inspections pursuant to Section 14-307 of this article.

(Ord. 866; Code 2016)

14-305 Well completion inspection.

After the well is completed, but before it may be put into use, the well shall be inspected and determined by an agent of the City to be in full compliance with the provisions and requirements of this article.

(Ord. 866; Code 2016)

14-306 Certain connections prohibited.

No water well, cistern, tank, or other means of collecting and storing water from any source other than the City’s public water supply system, whether constructed before or after the effective date of this article, shall be connected by any plumbing or otherwise to the City’s public water supply system, or connected to any building served by the City’s public water supply system, or so situated or permitted to drain into the City’s sanitary sewer system. Any such connections are hereby declared to be a hazard to the public health, safety and welfare and are prohibited.

(Ord. 866; Code 2016)

14-307 Inspector has the right to enter premises.

Such employee or agent who may be designated from time to time by the governing body for the purpose of conducting inspections pursuant to this article shall have the right at all reasonable hours to enter upon any premises within the City on which a water well is or may be located for the purpose of conducting such inspections as reasonably necessary to determine issues of violations or compliance with the terms of this article and for purpose of enforcement of these requirements.

(Ord. 866; Code 2016)

14-308 Permit revocation; disconnection of public water.

Violation of any of the provisions of this article shall constitute cause for the governing body to take any or all of the following actions as deemed appropriate:

(a)Revocation of any permit issued hereunder;

(b)Directing the disconnection of the public water service to the property in question; and/or

(c)Ordering the owner or occupant of the property to close and seal the water well and/or discontinue use thereof. Election of the governing body to pursue any such measures shall not be to the exclusion of the right to prosecute any violator pursuant to Sec. 14-309 of this article.

(Ord. 866; Code 2016)

14-309 Penalty.

Any person, party, corporation or other organization or entity violating the provisions of this article shall be required to pay a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Each day during which a violation exists or is continuing may be prosecuted and punished as a separate offense.

(Ord. 866; Code 2016)