Fort Walton Beach Ordinance — 095 - Restrict Water Well Construction — reading text

13 / a on ORDINAD CE NUMBER (9 AW ORDINANCS ENTITLED: AN ORDINANCE to protect and conserve the water supply of the fPown of Fort Walton, to regulate and restrict the digging of water wells in the Town, and to pro- ect the public health bv pro- hibiting the use, directly or indirectly, for human consump-~ tion of polluted water or waters which is liable tu be or to be come poiluted from surface or sub-surface contamination. WHEREAS, the indiscriminate digging of water wells and the excessive use of water from such wells will endancer the water supply system of the Town of Fort frelon necessary to the water distribution system of the Town, and will endancer the lives and property of the people of the Town; and WHERHAS, the representetives of the State Board of Health have stated to the Town euthoritties thai the sub-surface water table of tre Town is hieh end close to the surface, and that the same is covered with porous sands which permits practical- ly all surface Contamination and sub-surface contamination to pollute the water sunpoly; and WHEREAS, test made by the’'State Board-of Health’ has shown that some of the shallow well systems in the Town oroduce polluted water within forty-eight (48) hours after digging; and WHEREAS, it is essential to the srotection of the people's heelth in the Town to vorevent, so fer as possitle, the use, directly or indirectly, for human consump*ion @f' the water produced by the private shallow well systems now producing weter in the Town en used for human consumption: NOV THSRSFCRE, TEE TOwN OF FORT WALTON DCES ORDAIN: section 1. Hereafter no weter well sksll be dus or constructed within the Town Limits “of the Town of -Fort Walton until a permit has been granted by the Town Souneil. In the event such permit Is applied for the applicant shell have the right, upon demend made at the time of © -plicat fLon, to a here- ing bef ore the Council before the finel ection by the Council on the axplication. If such permit is issued then the weter well, and the water therefrom, shall in ell respects conform to all of the requirements of the State Boerd of Health for the construction (Page 19 end 20 are thisplaced and cannot be found.) ; 21 and operation of water wells a nd for the inspection eandapproval of water produced thereby. All permits shall be conditional permits conditioned as hereinafter provided. Séction 2. After Sixty (60) days from thet aking effect ordinance ho water well shall be maintained within the Town of Fort Walton without a permit from the Town Council. And every person, firm or corporation now mainteing or using a waterwell shall, within said sixty (60) days period apply to the Town Council of the town of Fort Walton for such permit. Every spslicent for such permit sa@all have the Right, upon demand made at the time of a polication, to a hearing before the Town Council before final action. by the “ouncil on the application. And no permit shall be issued by the Town Council for the Maintenance of, or use of water from, any such well unless the water well and the water produced therefrom shall in all respects conform to all of the requirements of the State Board of “ealth for the construction and operstion of water well and for the inspection end aporoval of water produced thereby. All permits shall be conditicnal permits conditioned as hereinafter provided. Section 3. All permits for the digging and construction of water wells, end all permits for the maintenance and use of existing ¥ water wells shall be con‘itionsl permits containing the following conditions and requirements, vizs (a) That monthly inspection and aprroval of the quality of the water from the well, and its fitness for human consumption, shall be made by the Stete Soard of Health in accordance With its regulations with respect to weter supplied by a sublic utility. Every person, - firm or corporation mainteining a water vell under such conditional permit shall keep on the proverty supplied by weter from such water well the report of the State BBard of Health, end shall display the same to any authorized agent of the Town upon demand. (bo) Unless the water from the water well which is the subject of the permit is submitted to the monthly inssection and approval of the State Bhard Of Health as provided in Sub-paragraph Qa) of section 3, and Unless the weter from the said well is approved by the State Board of Health as being fit for human consumption, then the water supplied Woy seid well shell not be used directly or indirectly for human consumption, or for cooking, for making ice, for washing articles of food or cooking utensils, or food containers or dishes, plates, cups, knives, forks, spoons or other articles used inconnection with the human comsumption of focd. And for the purpose of enforcing this cond- ition in any permit issued by “he Town Council for any water well, the Town Council shall reaire that all water connections between the water well or any tank obtaining water from the water well, or any pumping system used in connection with the said water well, with any house, cottage, store, restaurant, building, hotel, room ne house, theater, service station or anv plece of business fo abode shall be discontinued, except for direct connections used only for sir conditioning, cooling, refrigeration (but not for the making of ice), boiler use, and similar uses, and provided thet there is no connection between such direct connectio, and any of the othe water pipes or weter distribution systems in such houss, cottage, store, restaurant, building, hotel, rooming house, theater, eervice station or sny place of business or above. 22 Section 4. Any person,firm or corporetion diggine, constructing or maintaining any water well in the Town of Fort Walton without a , permit from the Town Council obtained as hereinbefore provided, and \ any person, firm or corporation violating any of the conditions or requirements of any conditional permit issued by the Town Council, or violating any of the other terms, conditions or provisions of this ordinance shall, upon conviction, be fined not to exceed Three Hundred ($300) Dollers, or may be imprisoned not to exceed sixty (60) days, or may be subjected to both fine and imprisonment. Hach day of violation shall be deemed and considered a separate offense. Section 5. In addition to the penalty provided for the violation of any of the terms of btis ordinancd such violatbon shall be deemed and held’ to bé a nuisance and the Mayor of the Téwn of Fort Walton is authorized to have such action taken as is necessary to abate such nuisance or to prevent the violation of eny of ther terms or provisions of this ordinance. Section 5. Should any Section or part of a Section, or any other portion of this ordinance be held to be invalid, such invalidy shall not affect the other Sections or portions of Sections of this ordinance anc they shall remain in full force and affect. Section 7. This ordinancs dealing with the public health and safety of the Town of Fort Welton is hereby declared to be an emergency ordinance and the same shell teke effect immediately upon its passage by the Town Council and shell be published.in full. faore por 12. 2)