Ordinance 12-10RECORD OF ORDINANCES
Ordinance No.
12 -10
Passed 1 20
AN ORDINANCE AMENDING SECTION 52.03 ( "WATER
WELLS ") OF THE DUBLIN CODIFIED ORDINANCES
WHEREAS, the currently adopted Community Plan outlines an objective to promote
high quality residential and commercial environments, including the use of alternate
techniques for traditional systems; and
WHEREAS, the Community Plan further outlines an objective to create clear
standards and policies for protection of natural resources and leadership in
environmental stewardship, including sustainable building practices; and
WHEREAS, improperly installed ground water wells could potentially endanger
human health and property; and
WHEREAS, the City has determined that amendments to Section 52.03, Water Wells
are necessary to accomplish these objectives.
NOW, THEREFQRE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. Section 52.03, "Water Wells" of the Dublin Codified Ordinances,
attached hereto as Exhibit "A" is hereby amended.
Section 2. This ordinance shall take effect and be in force from and after the earliest
date allowed by law.
Passed this �� day of (/ {'I Ut/ z,&. 2010.
Mayor - Presidid; Officer
Attest:
Clerk of Council
CITY OF DUBLIN-
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 -410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Terry Foegler, City Managers /
Date: March 4, 2010 J
Memo
Initiated By: Paul A. Hammersmith, P.E. — Director of Engineering/City Engineer
Kristin K. Yorko, P.E. — Civil Engineer
Re: Ordinance 12 -10 - An Ordinance Amending Section 52.03 (Water Wells) of the
Dublin Codified Ordinances - Additional Information
Additional Information
At the first reading of Ordinance 12 -10 on February 22, 2010, Council raised questions regarding
water quality as it relates to Section 52.03(D)(2) & (3) of the Code. To clarify, Engineering staff
will be reviewing all requests for new water wells, including wells that return water to the aquifer
for: (1) method of return and (2) potential for contaminants to enter the system. The purpose of
Section 52.03 (D) is to describe the rules for design and construction of wells for geothermal
systems and to create a database of possible sources of contamination for investigating complaints
regarding water quality. Several state agencies, including the Ohio Environmental Protection
Agency (OEPA), Ohio Department of Natural Resources, Ohio Department of Agriculture, Ohio
Department of Commerce, and the Ohio Department of Health are the regulatory agencies for well
installations, including the permit process and the investigation of complaints. These state agencies
have established a committee to create a guidance document for the regulation of geothermal well
installation. Staff will monitor the progress of this group and determine if further modifications are
needed to the City's regulations.
In addition, staff has researched the process for installation of new wells and required or
recommended testing. In Franklin County, for a new residential well, the Board of Health will not
allow occupancy of a home without verifying the quality of the water in the well. It is the
recommendation of the Franklin County Board of Health that well water be tested for nitrates and
total coliform bacteria annually. The Board of Health will take the sample and provide analysis for a
fee (currently $30). Also, an inspection of the well is required before a transfer of the property is
done.
The OEPA regulates private water systems. These are defined as systems that provide water for
human consumption to at least 15 service connections or serve an average of at least 25 people for at
least 60 days each year. Private water systems are required to monitor their water regularly for
contaminants. When a system doesn't meet a standard, consumers are notified. Examples of private
water systems in or near Dublin exist at: Ponderosa mobile home park, Stuphen Corporation, Darree
Fields, and the facility at the Honda wetlands in Glacier Ridge Metro Park.
Memo re. Ordinance 12 -10 — Code Amendment - Section 52.03 (Water Wells)
March 4, 2010
Page 2 of 2
The OEPA creates a schedule for monitoring of the water quality at these facilities. When private
water systems fail to monitor in accordance with their schedules, OEPA issues monitoring
violations. Before issuing a violation to the system, OEPA publishes lists of apparent monitoring
violations, to give the system or the laboratory a final opportunity to submit sample results.
Recommendation:
Staff recommends Council approval of Ordinance 12 -10 Amending Section 52.03 (Water Wells) of
the Dublin Codified Ordinances.
CITY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 -410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Terry Foegler, City Manager \AVM
Date: February 18, 2010
Initiated By: Paul A. Hammersmith, P.E. — City Engineer
Kristin K. Yorke, P.E. — Civil Engineer
if = •
Re: Ordinance 12 -10 —Amending Section 52.03 ( "Water Wells ") of the Dublin Codified
Ordinances
Background
Dublin Codified Ordinances Section 52.03, "Water Wells" refers to wells drilled for ground water
removal and injection. The ordinance was approved in 1983 to address geothermal systems and other
water wells drilled within the City. Recently, Engineering has been made aware of the re- emergence of
the use of geothermal heating and cooling systems in homes and businesses.
Engineering reviewed building permits for five homes and one business in 2009 for compliance with
this portion of the Code and recognized the need for updates. (Attached is a document reflecting the
proposed changes to Section 52.03.)
The changes to Section 52.03 include the following:
• (A) Excluded irrigation wells from this permit process. The main purpose of this Section of the
Code is to protect and preserve the integrity of ground water. Since irrigation wells are water
removal (not injection), there should be no impact to ground water quality. In addition, the
water removal rates for irrigation should not drastically impact ground water recharge, as this
water should infiltrate again.
• (B) (1) Added the text, "unless otherwise excluded."
• (B) (2) Added the text, "or their client, as appropriate." The City does not typically receive
bonds for private well work, however, the owner or developer does receive a bond for the work
on their property.
• (C) Added the text, "or other appropriate governing body." The county health departments do
not regulate water wells to the degree they did in the 1980's. Much of the review and record
keeping is currently being done by the Ohio Environmental Protection Agency and the Ohio
Department of Natural Resources.
• (D) (1) Added the text, "Ohio Environmental Protection Agency, and /or Ohio Department of
Natural Resources." Same reason as comment above.
• (G) Replaced the application fee "of S20" to "established by ordinance." Therefore, the City can
update the fee as needed during the annual cost study review.
These Code amendments have also been reviewed by the City's legal department.
Recommendation
Staff recommends that Council approve Ordinance 12 -10 at the second reading /public hearing on
March 8, 2010.
EXHIBIT A
§ 52.03 WATER WELLS.
(A) No water well (excluding irrigation wells) shall be drilled in the municipality
unless prior to such drilling a permit has been secured from Engineering.
(B) (1) A separate permit shall be required for each and every water well, unless
otherwise excluded, drilled in the municipality, including those intended for domestic
potable water, ground water source heat pump systems, recharge wells and livestock
wells and for changes in use of an existing water system.
(2) For each permit approved, the applicant shall provide the municipality or
their client, as appropriate, with a bond, irrevocable letter of credit from an insured
financial institution, cash or other approved surety in an amount equal to the cost of the
water distribution system which guarantees the obligations of the one year warranty
required under division (E)(2) hereof.
(3) For purposes of this section, "water system" or "system" shall include the
water supply system, geothermal heating and cooling unit and the water disposal system.
(4) The full compliance with this section shall be the responsibility of the
installer and /or vendor of the geothermal heating and cooling unit regardless of the name
of the person, firm or organization listed as "applicant" on the permits required by this
section.
(C) Every water well for which a permit is issued shall be constructed in accordance
with the requirements of the County Health Department or other appropriate governing
body having jurisdiction. Such requirements shall be not less than those required for
wells intended as apotable water supply.
(D) Supply wells used in conjunction with ground water source heat pumps shall be
constructed so that:
(1) They are operated, maintained and abandoned in compliance with the Water
Well Regulations, Ohio Administrative Code Sections 3745 -9, 3745 -41, and related
sections, together with requirements of the Franklin County Health Department, Ohio
Environmental Protection Agency, and /or Ohio Department of Natural Resources.
(a) The manufacturers' recommended requirements for the quantity of water
in gallons per minute, or equivalent measure, necessary to keep the system functioning
properly under conditions of average daily use, and the expected potential maximum
demands during 24 -hour periods as a result of seasonal extremes.
(2) Water shall not be returned to an aquifer or portion of an aquifer containing
water of a higher quality.
(3) Water returned to the subsurface through a well shall be of essentially the same
quality both chemically and bacteriologically as it was prior to use except for the temperature
differential.
(4) The heat pump system shall be equipped with an automatic device to shut down the
entire system, if a leak occurs in the refrigeration system.
(5) An approved backflow prevention device shall be installed immediately ahead of the
heat pump unit to protect the supply well from contamination and the water user from exposure
to contaminated water.
(6) Suspended sediment concentration does not exceed five parts per million based upon
a testing with an Imhoff cone.
(E) Each person, firm or corporation who constructs and installs geothermal heating and
cooling type systems within the municipality, shall:
(1) Advise in writing each person or homeowner with whom the person, firm or
corporation contracts for the installation of a geothermal heating and cooling type system of the
following:
(a) The manufacturer's recommended requirements for the quantity of water in
gallons per minute, or equivalent measure, necessary to keep the system functioning properly
under conditions of average daily use, and the expected potential maximum demands during 24-
hour periods as a result of seasonal extremes.
(b) Water quality conditions which exist in the individual homeowners water supply
system that may have an effect on the system performance, maintenance requirements, and
operating life of the system, including, but not limited to the presence of hydrogen sulfide, iron,
sand and water hardness.
(c) The total requirements for heat supply system and domestic water use, if from the
same water supply system, as compared with the ability of the existing and proposed water
system to meet those demands.
(2) Each such person, firm or corporation shall guarantee the proper operation of the
system and its component parts for a period of one year from the date the system first becomes
completely operational.
(F) Each geothermal heating type system shall be so designed so that incoming water from
one well or aquifer for use in the heating or cooling unit is returned below the watertable as
wastewater by means of a second and separate well in accordance with division (D)(3) hereof.
However, the system may be so designed as a "closed -loop system" using non -toxic fluids to
provide satisfactory performance and when the same guarantee as required in division (E)(2)
applies, including, but not limited to, "vertical or horizontal ground coils" and "doublet well
system" or may be directly discharged into one of the streams enumerated in Exhibit A of
Ordinance 213-82 from property which is immediately adjacent to such stream.
(G) Each application for a well drilling permit shall be accompanied by an application fee
established by ordinance.
(H) In accordance herewith the act of any property owner in discharging wastewater from a
geothermal heating source onto a neighbor's property so as to constitute a flooding or which
results in standing or stagnant water or unhealthy and hazardous conditions thereon is hereby
declared a public nuisance, and, in addition to the other penalties herein, may be abated or
enjoined as such public nuisance in accordance with law.
('80 Code, § 929.02) (Ord. 213-82, passed, 1- 17 -83)