§ 9.80.100. Drilling of wells over eighty feet deep—Manner of doing work—Abatement of nuisance.

Any well over eighty feet in depth shall be so drilled, installed or constructed that it will prevent the mixing of water or liquid from above or below such water-bearing strata, such construction, drilling and installation to be accomplished in the following manner:

A.

There must first be a test hole drilled to the full depth at which it is proposed to finish the well and at the exact location of the proposed well. This test hole must be at least six inches bottom diameter and the driller shall keep an accurate log or record of all formations penetrated, such log to contain information concerning the depth and nature of each formation penetrated as well as the depth of the top and bottom of each formation below the ground surface, and shall, during the drilling of such test hole obtain true samples of water or liquid from each water-bearing formation penetrated. When the test hole is finished or completed the owner shall submit two copies of such log or record to the superintendent together with the certified chemical analyses of true samples of water obtained from all water-bearing formations penetrated. The superintendent shall determine which strata penetrated and which water obtained from the test hole are objectionable and likely to pollute the water-bearing strata from which the water supply of the city is taken or drawn.

B.

In the event that it is apparent that a stratum of contaminated water or water having a high mineral content has been encountered in the test hole below the water-bearing strata from which the water supply of the city is taken or drawn, it shall be imperative that such contaminated or highly mineralized stratum be plugged or closed off from the remainder of the well. This shall be accomplished by pumping through a pipe extending to the bottom of the test hole a plastic or aqueous mixture of quick-setting cement of sufficient quantity to completely plug or extend entirely through such contaminated or mineralized stratum and well up into the first impervious or nonwater-bearing stratum above. The test hole shall then be allowed to remain undisturbed for a period of at least twenty-four hours in order that the cement plug become thoroughly set or hardened.

C.

In order to prevent contaminated, polluted, highly mineralized or otherwise objectionable water encountered in any stratum above those from which the water supply of the city is taken or drawn, from entering or mixing with the water-bearing strata from which the city supply is taken or drawn, and to prevent the entrance of surface water to such water-bearing strata, in each case of a well drilled over eighty feet and penetrating the water-bearing strata from which the city supply is taken or drawn, the following procedure shall be followed: The test hole shall be reamed out to the desired diameter of the finished well down to the first impervious or nonwater-bearing stratum above the strata from which the water supply of the city is taken or drawn. The casing shall then be set down to the aforesaid point or depth and upon a nonwater-bearing or impervious stratum. The annular space between the outside of the casing and the bore hole or natural formations shall then be completely filled with a plastic or aqueous mixture of quick-setting cement which shall be pumped into the well under pressure through a pipe or conduit extending to the bottom of the casing as set, such cement entering the annular space between the outside of the casing and the bore hole at the bottom of such casing, and filling such annular space by flowing upward to the top of the well or surface of the ground. Evidence of such annular space being completely filled shall be by the plastic or aqueous cement mixture returning to and flowing from the annular space at the surface of the ground.

D.

All cementing work called for above, shall be performed by a person regularly engaged in such business and approved by the superintendent; provided, however, the drilling contractor or driller of the well may perform such work if he submits satisfactory evidence to such superintendent that he is thoroughly capable, qualified and equipped to do any and all of such cementing work; and provided further, no person shall commence or perform such cementing work without having been approved for same by the superintendent.

E.

Every well which for any reason does not completely prevent the mixing of water or other liquid from above and below the source of the city's water supply with the water in the course of the city's water supply, or which for any reason would tend to pollute or contaminate the water in the course of the city's water supply shall be considered a defective well and is hereby declared to constitute a nuisance, and the superintendent on his own initiative or upon information or complaint from any source shall make an examination of any well suspected of being defective and shall issue written instructions to the owner or his agent in charge of such well or the property upon which it is situated, for correcting the defects to comply with the provisions of this chapter, and shall prescribe a time which, in his judgment, under all the circumstances, is reasonable and within which such instructions shall be complied with. It is unlawful for the owners or operators of such defective well to fail to comply with such instructions and abate such nuisance within the time limit prescribed by such superintendent, and in addition such nuisance may be abated by the city as hereinafter provided.

F.

The provisions in subsection B of this section, relating to the plugging of wells where contaminated water or water having a high mineral content has been encountered below the stratum or strata from which the water supply of the city is taken or drawn, and the provisions of subsection C of this section, relating to the seal or casing of wells above the strata from which the water supply of the city is taken or drawn, shall apply to all wells heretofore drilled or which are now being drilled, or which may have been abandonded, as well as all wells which are hereafter drilled, and upon proper notice, as called for in Section 9.80.130 being given to the owner, agent of the owner or lessee of the property on which any such well is situated, such well shall be plugged or sealed as called for herein, and upon the owner, agent of owner or lessee failing to comply, he shall be deemed guilty of a misdemeanor for maintaining a nuisance and punished as provided for in Sections 1.08.010, 1.08.020 and 1.08.030. In addition, should the owner, agent of owner or lessee fail to comply with the order of the superintendent, the superintendent may apply to the city council of the city for permission to plug, seal or case such defective well and thereby abate such nuisance, and place a lien on such property and a personal charge against the owner to cover the costs thereof, and setting forth in his application the location of the well, the name of the record owners of such property and the agents, if any, in charge of same and the lessees, if any, in possession of such property, and in addition, such superintendent shall state in such application the manner in which such well is defective. Notice of the filing of such application to plug, case or seal such well and place alien on the property and a personal charge against the owner to cover the costs thereof, directed to the record owners, shall be published once in the official newspaper of the city and not less than five days thereafter, at any regular meeting of the city council, such city council may hear such application, and if it determines by resolution that such well is defective and thereby constitutes a nuisance, it shall by resolution order the superintendent of the city waterworks to proceed with the plugging, casing or sealing of such well and to file upon completion of the work, with the city clerk, a sworn statement setting forth the expenses incurred in plugging, sealing or casing the well, and upon the filing of such statement, the mayor shall incorporate same in a notice to be executed and acknowledged by him and filed with the county clerk, setting forth the claim of the city for expenses incurred in plugging, sealing or casing such well, and upon the filing of such notice, same shall constitue a lien against the property on which such well is located and a personal charge against the owner and suit may be instituted thereon, and such lien foreclosed as provided by law for the foreclosure of other liens. Notice shall be given to any person in possession of the property on which the defective well is located by mailing a copy of the published notice to such person.

(Prior code § 23-25)