Section 12.12.490 Private wells

1. No person shall construct a private well after July 1, 1996, or own or use a private well constructed after July 1, 1996, unless a permit has been issued for the well by the city. The permit application shall be made with the environmental services department on forms provided by the city.

3. In determining whether to issue a permit or not, the department shall consider the availability of public water to serve the facility; the estimated amount of water to be consumed; and the uses for which the water will be used.

4. The department has issued letters to the Iowa Department of Natural Resources in response to information it has received documenting the presence of petroleum contamination from underground storage tank sites. These letters provide assurance that the Department would not likely permit private wells within the documented area of concern due to the availability of a public water supply under the authority of Sioux City Municipal Code Section 12.12.490. The department will maintain records of all leaking underground storage tank sites for which it has issued a certification letter.

5. The department will investigate their records to determine if the proposed private well is within the area of concern from any leaking underground storage tank sites. The department may also contact the Iowa Department of Natural Resources to determine if there are leaking underground storage tank sites within the area of concern.

6. If the department determines that a private well application may be granted in an area of concern, the department shall notify the Iowa Department of Natural Resources Leaking Underground Storage Tank section of the permit application. (Ord. 99-7725)

7. A decision to grant or deny a permit shall be made within thirty days after application. If a permit is denied, a written notice of denial shall be given to the applicant. The reason for the denial shall be stated in the notice and the rights of the applicant to appeal the department’ s decision. If a permit is denied, the applicant may appeal the department’ s decision to the city council. The appeal shall be made by written notice delivered to the finance and administrative services director within thirty days from the date of the department’ s denial. The council shall schedule a public hearing on the appeal within thirty days from the date of the appeal and upon failure to do so the denial shall be deemed affirmed by the council. If there is no appeal, the decision of the department is final. Where appeal is taken, the decision of the city council is final. (Ord. 2006-0415; 99-7725; 98/U-6424; 96/U-4494)