Code of Ordinances Amendment - Title 16 Public Drinking Water Wells
Page of
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Kevin Firnstahl Dubuque Ordinance 3715 Relocate
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From:Kevin Firnstahl
To:Rollins, Rob
Date:6/30/2015 10:47 AM
Subject:Dubuque Ordinance 3715 Relocate
>
CC:Lindahl, Barry
Attachments:3715 Public Drinking Water Well.doc
>
Hi Rob,
Per your emails with City Attorney Barry Lindahl, I am attaching Dubuque Ordinance 3715 for relocating within
>>
the Code. I have not made any changes to the Ordinance.
Please contact me if you have any questions or difficulty with the attachment.
Thank you.
Kevin S. Firnstahl, CMC
City Clerk
ity of Dubuque, Iowa
>
50 W. 13th Street
Dubuque, IA 52001
563.589.4121
kfirnsta@cityofdubuque.org
>>> "Rob Rollins" <sterling@sterlingcodifiers.com> 6/24/2015 2:27 PM >>>
Kevin...
See email chain below -- Barry wants ord 3715 in a different location in
>
the code than where the ord states.
I will take care of it on this end and recommend you attach a copy of this
email to your copy of the ord.
Let me know if you need anything else.
Thanks
Rob
-----Original Message-----
From: Rob Rollins \[mailto:sterling@sterlingcodifiers.com\]
Sent: Wednesday, June 24, 2015 12:26 PM
To: 'Barry Lindahl'
Subject: RE: Well ordinance
Yup, I will take care of it on this end and send Kevin a note to make sure
he attaches a copy of our email to his copy of the ord.
Have a super day!
Rob
-----Original Message-----
From: Barry Lindahl \[mailto:balesq@cityofdubuque.org\]
Sent: Wednesday, June 24, 2015 12:19 PM
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/559273B1DBQ_...6/30/2015
Page of
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To: Rob Rollins
Cc: Kevin Firnstahl; Tracey Stecklein
Subject: RE: Well ordinance
So you will renumber it?
>>> "Rob Rollins" <sterling@sterlingcodifiers.com> 6/24/2015 1:05 PM >>>
Sorry Barry -- I really didn't look at the ordinance number when you sent
your email and just assumed that it had already been codified.
It has NOT been codified ---
So if you want me to put it at 1415 -- I can do that -- I would just attach
>
a copy of your email to the original ord --- is that okay with you?
Rob
-----Original Message-----
From: Barry Lindahl \[mailto:balesq@cityofdubuque.org\]
Sent: Wednesday, June 24, 2015 9:40 AM
To: sterling@sterlingcodifiers.com
Cc: Kevin Firnstahl; Tracey Stecklein
Subject: Re: Well ordinance
So you could do the renumber one when you codify?
Sent from my iPhone
> On Jun 24, 2015, at 11:36 AM, Rob Rollins
> <sterling@sterlingcodifiers.com>
wrote:
>
> I would agree with an ord -- if only just for a paper trail.
> I feel the ord could be very short --- "...ord 3715 created chapter
>
> 1415 dealing with ____ the city finds it in their best interest to
>
> relocate this chapter to _____ and all regulations regarding this
> chapter shall remain as originally passed..."
> Or something like that, I don't think you need to relay everything out.
> Hope this helps.
> Rob
>
>
>
> -----Original Message-----
> From: Barry Lindahl \[mailto:balesq@cityofdubuque.org\]
> Sent: Wednesday, June 24, 2015 8:29 AM
> To: sterling@sterlingcodifiers.com
> Subject: Well ordinance
>
> A decision has been made to move the well ordinance no. 3715 to a new
>
> chapter 1415. Looks like we will have to adopt an ordinance
>
> renumbering. I don't see any easier way to do it.
>
>
>
>
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/559273B1DBQ_...6/30/2015
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>
> This message has been scanned for malware by Websense.
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> Click
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Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment - Title 16 Public Drinking Water Well and
Non-Public (Geothermal) Well
SUMMARY: City Manager recommending approval of amendments to the current City
Public Water Well Ordinance and the establishment of a new section of the
ordinance as it relates to Non-Public Water Supply Wells.
ORDINANCE Amending the City of Dubuque Code of Ordinances by
Deleting Section 16-11-20: Water Supply and Adopting the Following New
Section 16-11-20: Water; Section 16-11-20-1 :Definitions; Section 16-11-
20-2: Water Supply; Section 16-11-20-3: Geothermal Well Standards; and
Section 16-11-20-4: Water Well Supply System.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Well Ordinance-MVM Memo City Manager Memo
❑ Well Ordinance Memo Staff Memo
❑ Well Ordinance Ordinance
❑ Private Well Permit Application Supporting Documentation
❑ County Well Permit Sample Supporting Documentation
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Drinking Water Well and Non-Public (Geothermal) Well Ordinance
DATE: May 28, 2015
Water Department Manager Bob Green recommends City Council approval of
amendments to the current City Public Water Well Ordinance and the establishment of
a new section of the ordinance as it relates to Non-Public Water Supply Wells.
Updating city codes to reflect current recommendations and research by the United
States Environmental Protection Agency (EPA) and the Iowa Department of Natural
Resources (IDNR) is necessary to protect Dubuque's water source supply. Although
proper well installations are only one component of source water protection, up-to-date
codes for private potable and non-potable water supplies are essential to protect the
ground water resources and public health. Because private wells are a potential conduit
for contamination that can affect individuals and the environmental health of
communities; local governments are a key component in assuring IDNR ground water
protection and achieving public health goals.
Currently, any person wanting to construct a well of any kind, even within city limits,
would submit an application to the Dubuque County Health Department; if approved,
they could proceed to construction. Since 1996, Dubuque County has permitted 10
wells and 138 geothermal wells within city limits.
With this ordinance, the construction of new water wells and the expansion of existing
water wells will be prohibited. The City Manager may issue a special exception permit
for well construction if it is determined that connection to the public water supply is not
economically feasible.
Also, the future installation of geothermal open loop or "pump and dump" systems is
prohibited.
Diana L. Engemann, Project Manager for the Iowa/Nebraska Remedial Branch,
Superfund Division, Region 7 of the EPA and her staff fully support the proposed
ordinance. The proposed well ordinance has also been reviewed and approved by
Robert W Richards, Attorney, EPA, Region 7; Aaron Brees, Attorney, IDNR; Elaine
Douskey, UST/LUST Supervisor, IDNR; Russell Tell, Environmental Specialist Senior,
IDNR; and Deb Williams, Geologist III, IDNR.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Bob Green, Water Department Manager
2
THE CITY OF Dubuque
DUBgkE All111-America CiI.ty
1
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Bob Green, Water Department Manager Y,
SUBJECT: Public Drinking Water Well and Non-Public (Geothermal) Well Ordinance
DATE: May 20, 2015
INTRODUCTION
The purpose of this memorandum is to request the review, approval, and support of
amendments to the current City Public (Drinking) Water Well Ordinance and to establish
a new section of the ordinance as it relates to Non-Public Water Supply Wells
(geothermal wells).
DISCUSSION
The State of Iowa has revised the codes on well water supplies for drinking water and
for non-public water supply wells; this indicates the need for city staff to evaluate and
update its current ordinances pertaining to wells. The current code fails to provide
guidance or regulation on how to construct, maintain, or cap wells; and does not
specifically address geothermal wells.
Updating city codes to reflect current recommendations and research by the United
States Environmental Protection Agency (EPA) and the Iowa Department of Natural
Resources (IDNR) is necessary to protect our water source supply. Although proper
well installations are only one component of source water protection, up-to-date codes
for private potable and non-potable water supplies are essential to protect the ground
water resources and public health. Because private wells are a potential conduit for
contamination that can affect individuals and the environmental health of communities;
local governments are a key component in assuring IDNR ground water protection and
achieving public health goals.
Based on IDNR records, there are approximately 123 leaking underground storage
tanks (LUST sites) located in the city of Dubuque; 12 are classified as high risk (where
remediation may be required) and 17 are classified as low risk. The implementation of
this proposed well ordinance would provide a measure of control for the city to protect
the water source supply from the introduction of potential contaminates and to protect
LUST sites from being compromised by well construction.
Currently, any person(s) wanting to construct a well of any kind, even within city limits,
would submit an application to the Dubuque County Health Department; if approved,
they could proceed to construction, possibly without city knowledge. Since 1996,
Dubuque County has permitted 10 wells and 138 geothermal wells within city limits.
The Dubuque County Health Department will continue to issue approval and permits for
wells; this proposed ordinance will provide guidance and city control over new potable
and non-potable water well construction within corporate city limits, under special
exceptions, by the City Manager's approval.
Under the proposed well ordinance, any person(s) wanting to construct a well inside the
corporate city limits would be required to submit a well application, with a permit fee of
$100.00, to the city after county approval. The City Manager would review the county
permit and city well permit application for approval. Should the permit request be
denied, the permit fee would be refunded. This would provide the city with control over
location and a means for accountability relating to the wells being constructed within city
limits.
The construction of new water wells and the expansion of existing water wells will be
prohibited. The City Manager may issue a special exception permit for well construction
if it is determined that connection to the public water supply is not economically feasible.
The future installation of geothermal open loop or "pump and dump" systems is
prohibited.
All proposed changes have been reviewed and are supported by City Engineer Gus
Psihoyos, Building Services Manager Rich Russell, Public Health Specialist Mary Rose
Corrigan, Public Works Director Don Vogt, City Attorney Barry Lindahl, City
Environmental Attorney Jane McAllister of Ahlers & Cooney P.C., and myself.
The proposed well ordinance will also fulfill an agreement of understanding with the
United States Environmental Protection Agency for governmental institutional control
from June 2013. As quoted from the "Summary of Remedial Alternatives" section of the
Superfund Program Proposed Plan pertaining to Peoples Natural Gas Site
IAD980852578, Dubuque, Iowa: "The city of Dubuque has notified the EPA of Plans to
introduce a city ordinance placing limitations on installation of water wells in the Site as
well as other areas within the city."
Diana L. Engemann, Project Manager for the Iowa/Nebraska Remedial Branch,
Superfund Division, Region 7 of the EPA and her staff reviewed the proposed
ordinance; their response was positive with complete support of implementation. The
proposed well ordinance has also been reviewed and approved by Robert W Richards,
Attorney, EPA, Region 7; Aaron Brees, Attorney, IDNR; Elaine Douskey, UST/LUST
Supervisor, IDNR; Russell Tell, Environmental Specialist Senior, IDNR; and Deb
Williams, Geologist III, IDNR.
Furthermore, these changes support the city's sustainable efforts, specifically relating to
the "Clean Water" section of our Environmental Integrity Principle and the "Community
Health and Safety" section of the Social/Cultural Vibrancy Principle.
2
ACTION
Staff and I are recommending, with your approval and support, that the attached
amendments and additions to the current City Public (Drinking) Water Well Ordinance,
be submitted for adoption by city council action.
Staff and I are available to meet, discuss, and answer questions you may have with this
recommendation.
BG:mdm
Attachments
cc: Gus Psihoyos, City Engineer
Denise Ihrig, Environmental Engineer
Rich Russell, Building Services Manager
Mary Rose Corrigan, Public Health Specialist
Don Vogt, Public Works Director
Barry Lindahl, City Attorney
Brant Schueller, Water Distribution Supervisor
Jacqueline Johnson, Water Plant Manager
Jane McAllister, City Environmental Attorney of Ahlers & Cooney P.C.
Dubuque County Health Department
File
3
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. 37-15
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY DELETING
SECTION 16-11-20: WATER SUPPLY AND ADOPTING THE FOLLOWING NEW
SECTION 16-11-20: WATER; SECTION 16-11-20-1:DEFINITIONS; SECTION 16-11-
20-2: WATER SUPPLY; SECTION 16-11-20-3: GEOTHERMAL WELL STANDARDS;
AND SECTION 16-11-20-4: WATER WELL SUPPLY SYSTEM.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 16-11-20 is hereby
amended to read as follows:
16-11-20: WATER:
16-11-20-1: DEFINITIONS:
ANNULAR SPACE: The space between the casing or well screen and the wall of the
borehole or between drilling pipe and casing or between two separate strings of
casing.
AQUIFER: A subsurface water -bearing layer of soil, sand, gravel or rock that will
yield usable quantities of water to a well.
BOREHOLE: A hole drilled or bored into the earth, usually for exploratory or
economic purposes; a hole into which casing, screen and other materials may be
installed to construct a well.
CASING: An impervious, durable pipe placed in a borehole to prevent the walls of
the borehole from caving, and to seal off surface drainage or undesirable water, gas
or other fluids and prevent entrance into a well.
DRINKING WATER: Water which is intended for human consumption and other
domestic uses, and is considered to be free of harmful chemicals and disease -
causing microorganisms.
GEOTHERMAL BOREHOLE: A hole drilled or bored into the earth into which piping
is inserted for use in a geothermal system.
GEOTHERMAL SYSTEM: A mechanism for heat transfer by fluid to air processes
and heat transfer by fluid to fluid processes which consists of the following basic
elements: Underground loops of piping; heat transfer fluid; a heat pump; an air
distribution system
051915ba1
1. Open Loop Geothermal System: Ground water is pumped from a water well
into a heat exchanger located in a surface building and is then pumped back
into the aquifer through a different well, the same well, or to the surface of the
ground or to a surface body of water, also known as pump and dump.
2. Closed Vertical Loop or Horizontal Geothermal System: A borehole extends
beneath the surface. Pipes are installed with U -bends at the bottom or at the
end of the boreholes. The pipes are connected to the heat exchanger and
heat transfer fluid is circulated through the pipes.
GROUND WATER: Water beneath the earth's surface, that occurs between
saturated soil and rock that supplies wells and springs.
GROUT: A low permeability material that is emplaced in the space between the wall
of the borehole and the casing of a well and, or, emplaced on the wall of the
borehole. Grout shall consist of materials designed to adequately seal the annular
space like neat cement, high solids bentonite slurry, or hydrated bentonite chips.
HEAT EXCHANGER: A device usually made of coils of pipe that transfers heat from
one medium to another; for example, from water to air or water to water.
HEAT TRANSFER FLUID: Any liquid used specifically for the purpose of transferring
thermal energy from the heat source to another location.
LOW PERMEABILITY MATERIAL: A geological unit of unconsolidated material
(usually clay or till) or bedrock (usually shale) that is all or partially saturated, and
having permeability low enough (10-7 cm/sec) to give water in the aquifer artesian
head and/or provide protections to aquifers from activities taking place at the ground
surface or within the geologic unit directly above the low permeability material.
MAJOR GEOTHERMAL SYSTEM: A horizontal or vertical closed loop system that is
located more than 20 feet below the ground surface.
MINOR GEOTHERMAL SYSTEM: A horizontal closed loop system that is placed at
or less than 20 feet below the ground surface.
PERMEABILITY: The propensity of a material to allow fluid to move through its
pores or interstices.
SEPARATION/ISOLATION DISTANCES: The distance of a source of contamination
from a surface drinking water source, a ground water source supply well, or any type
of borehole that is identified and/or regulated by the Iowa Department of Natural
Resources.
SURFACE WATER: Water located on the surface of the Earth in water bodies such
as lakes, rivers, streams, ponds and reservoirs.
2
TREMIE: A tubing string (typically about 1 to 3 inches in diameter) that is temporarily
installed into the borehole during well construction. The tremie pipe is used for
installing annular material such as filter pack sand and grout.
WATER SUPPLY WELL: A well -used by public water systems, or non-public use, for
extracting ground water for human consumption.
WELL: Any excavation that is drilled, cored, driven, dug, bored, augured, jetted,
washed or is otherwise constructed for the purpose of exploring for ground water,
monitoring ground water, utilizing the geothermal properties of the ground, or
extracting water from or injecting water into the aquifer. "Well' does not include an
open ditch, drain tiles, an excavation made for obtaining or prospecting for oil, drain
tiles, natural gas, minerals, or products mined or quarried, lateral geothermal heat
exchange systems nor temporary dewatering wells such as those used during the
construction of subsurface facilities only for the duration of the construction.
16-11-20-2: WATER SUPPLY:
A. All water supply installations for major and minor subdivisions in the city limits shall
be properly connected with an approved and functioning public water supply system.
B. If a public water supply system is to be provided to the area within a three (3) year
period as indicated in the comprehensive plan, the city council may require
installation of a capped system within the street or road right of way; or the city
council may require a payment in lieu of the improvement.
C. All proposals for new public water supply systems or extensions to existing public
water systems, or the use of wells and other water sources, shall be approved by the
City Manager.
D. The water supply system shall be adequate to handle the necessary flow based on
complete development of the subdivision and extensions of the system to areas
beyond the subdivision. Water supply system design and placement shall comply
with the city standards.
E. Fire hydrant size, type, location and installation shall comply with the minimum city
standards.
16-11-20-3: GEOTHERMAL WELL STANDARDS:
A. PURPOSE: It is the purpose of this section is to protect the health, safety and
general welfare of the people of the City of Dubuque by ensuring that ground water
will not be polluted or contaminated. Because of the serious potential of adverse
environmental impacts, this section is intended to prohibit all open loop geothermal
systems. This section allows for closed loop systems subject to the requirements
3
contained in this section for the construction, reconstruction, repair and destruction
of geothermal wells. The construction of geothermal wells must use construction
standards designed to adequately protect the aquifers in each specific geologic
setting encountered and in all other criteria, comply with 567 Iowa Administrative
Code Chapter 49. All well services must be performed with an Iowa Department of
Natural Resources certified well contractor as required by 567 Iowa Administrative
Code Chapter 82. The certified well contractor must be on-site and in direct control
of all well services being performed
B. PERMIT REQUIRED:
1. Prior to the construction of any well, the well contractor must obtain a private
water well construction permit from the Dubuque County Health Department and
a permit from the Building Services Department, and where applicable, an Iowa
Department of Natural Resources permit as required by 567 Iowa Administrative
Code Chapter 50-52 and Iowa Code Chapter 455B, Division III, Part 4.
2. No person may dig, bore, drill, replace, modify, repair or destroy a geothermal
well or any other excavation that may intersect ground water without first
applying for and receiving a permit from the Building Services Department.
C. APPLICATION PROCEDURE: Applications for permits required by this section
must be made on forms provided by the Building Services Department and must
contain all such information as required on the form. The application must be
submitted by the property owner, the owner's representative, or the well contractor
and accompanied by the required filing fee. Minor closed loop systems may be
authorized by the Building Official in consultation with the Water Department
Manager and City Engineer. An application for a major geothermal system must
include an environmental impact analysis prepared by an engineer licensed in the
State of Iowa. Geothermal permits will be reviewed by the City Engineer. and
Building Official who will then make a recommendation to the City Manager.
D. SITE PLAN REQUIREMENT: A site plan showing the generally proposed location,
number of wells, location of loops, including description and MSDS sheets of the
heat transfer fluid, must be submitted with the application. The plan must include
the calculated anticipated volume of grout that will be required. The plan must
identify the heat transfer fluid including MSDS sheets. Heat transfer fluids that are
toxic as identified by the International Plumbing Code under essentially toxic transfer
fluids will not be accepted, and fluids must comply with the 567 Iowa Administrative
Code Section 49.29(5). Geothermal pipe loops must be of approved material for
geothermal installation, must have a 50 year warranty against defect and
workmanship, and must be installed with a tracer wire. A base map showing any
known operating and/or non-operating mines is also required with the application.
Base maps are available online by the City Engineering Department and/or by the
Iowa Department of Natural Resources geologists. Construction of a geothermal
heat pump system (GHEX) within close proximity of mine shafts and mine workings
4
has the potential of creating additional hazards to both the structural integrity of the
GHEX system as well as increasing vulnerability to the shallow aquifer.
E. LOCATION OF GEOTHERMAL SYSTEMS: The site plan must show the property
boundaries and easements of record and must detail where the system is located on
the property. Location of all loops must be within the property boundaries of the
building lot and not encroach on any recorded easements. Major systems may not
be located within one thousand feet (1,000 feet) of a current city well or water
source. Minor systems may not be located within two hundred (200) feet of a city
deep (Jordan/Cambrian-Ordovician) well or within four hundred (400) feet of a city
shallow (alluvial aquifer) well. No geothermal system is allowed to be constructed
within a 500 -foot radius of an identified leaking underground storage tank (LUST)
site.
F. PERMIT FEE: A permit fee, established by the City Manager, must be submitted
with any application required by this section.
G. PERMIT SUSPENSION AND REVOCATION. The City Manager may suspend or
revoke any permit issued pursuant to this section whenever the City Manager finds
that the permittee has violated any of the provisions of this section or has
misrepresented any material fact in the application or any supporting documents, or
where the well or its use may pose a risk to groundwater quality, human health or
the environment or should the system fail any of its mandated testing requirements.
H. OPEN LOOP SYSTEMS PROHIBITED: Open loop systems are prohibited.
I. TESTING OF SYSTEM: Geothermal piping systems must be tested as required by
the Building Services Manager prior to operation of the system and every three (3)
years thereafter. All geothermal systems must be pressure checked by a certified
contractor not less than every three (3) years from the certification system date.
Results of the tests must be submitted to the Building Services Department.
J. ABANDONMENT OF GEOTHERMAL SYSTEMS: Abandonment of geothermal
systems must be as required in 567 Iowa Administrative Code Section 49.28. The
heat transfer fluid must be removed by a displacement with grout and the loop pipes
properly capped or' sealed by an approved method. The top of the borehole must
also be uncovered and properly capped or sealed by an approved method.
K. REGULATION CONFLICT: In the event any of the provisions of this section conflict
with any state or federal regulation, the state or federal regulation will control.
L. COMPLIANCE: All procedures and methods for construction of geothermal wells
must comply with the 567 Iowa Administrative Code Chapters 82 and 49 for non-
public water supply wells and all applicable regulations of the United States
Environmental Protection Agency.
5
M. EXISTING SYSTEMS: Except for provisions in 16-11-20-3-B-2 regarding
replacement, modification, repair or destruction, this section does not apply to
systems in existence on the date of the adoption of this ordinance.
16-11-20-4: WATER WELL SUPPLY SYSTEM:
A. WELLS PROHIBITED: Except as provided in section 16-11-20-2-C and section 16-
11-20-3-B, no person may construct a well within the corporate limits.
B. EXCEPTIONS:
1. The Building Services Department may issue a permit upon such conditions and
limitations as appropriate for the construction of a well installed for the purpose of
groundwater monitoring and/or gauging and/or environmental investigation
(Investigative Well).
2. The City Manager may issue a Special Exception Permit for the construction of
other types of wells if the City Manager determines in the City Manager's sole
discretion that connection to the public water supply is not economically feasible.
The City Manager is under no obligation to issue a special exception permit and
the authority to grant a special exception permit includes the authority to place
conditions on the installation, use, operation, and the abandonment of wells, as
well as the authority to establish fees for the administration, oversight, and
monitoring as the City Manager deems appropriate.
3. If an Investigative Well or Special Exception Permit is issued, all well services
must be performed with an Iowa Department of Natural Resources certified well
contractor as required by 567 Iowa Administrative Code Chapter 82. The
certified well contractor must be on-site and in direct control of all well services
being performed.
C. WELL PERMIT:
1. A Permit Application must be completed and where applicable, an Iowa
Department of Natural Resources permit as required by 567 Iowa Administrative
Code Chapter 50-52 and Iowa Code Chapter 45513, Division III Part 4, be
submitted to the Building Services Department or City Manager, as appropriate.
The Application must contain a copy of an approved County Private Well
Construction Permit. No well may be located within the influence of an existing or
proposed city -owned well site as determined by the City Manager, nor be
constructed within a 500 -foot radius of an identified leaking underground storage
tank (LUST) site.
2. A permit fee, established by the City Manager, must be submitted with any
application required by this section.
6
D. EXISTING WELLS: The section does not apply to a private well in existence on the
date of the adoption of this ordinance. The repair and modification of an existing well
is also allowed, however, the capacity of an existing well may not be expanded and
may be repaired and/or modified only upon receiving a permit from the Building
Services Department.
E. COMPLIANCE: All procedures and methods for the construction of a private well
must comply with 567 Iowa Administrative Code Chapters 82 and 49 for water
supplies, design, and operation and with all applicable regulations of the United
States Environmental Protection Agency.
F. CONNECTION TO PUBLIC WATER SUPPLY PROHIBITED: Wells may not be
connected directly or indirectly to the public water supply.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 1st day of June, 2015.
Attest:
Kevi S. Firnstahl, City C
01094972-1\10422-068
Roy D. Buy , Mayor
7
CITY OF DUBUQUE, IOWA
PRIVATE WATER WELL PERMIT APPLICATATION
Date:
Applicant's Name/Business:
Address:
Location of Requested Private Well:
Owner's Name:
Dubuque City Code, Section 16-11-20-2(C): Water Supply states:
All proposals for new public water supply systems or extensions to existing public water
systems, or the use of wells and other water sources, shall be approved by the City Manager.
The following information is required:
• Justification for a private well:
• A complete site plan identifying the exact locations of the well, signed by a professional
engineer.
• Well depth: Capacity Needed:
• Method of disconnect from City supply (if applicable):
• Purpose (please circle those that apply):
potable - non-potable - household - livestock - irrigation - commercial - industrial - geo-thermal
• Who will be using water (please circle all that apply):
owner only - tenants - family - business - other:
If the proposed well site is currently listed within 500 feet of a LUST site with the Iowa Department of
Natural Resources the following information is also required:
• Proposed well location within 500 feet of a LUST site:
• The LUST site number:
• Level of hazard:
• Type of contamination:
• Method of clean up:
• When site cleanup was started and completed:
• Approved mandated action plan that was required by the Iowa Department of Natural
Resources or Environmental Protection Agency:
• A copy of the site cleanup report that was conducted by a Certified Engineer:
• A copy of the final approved closer report from the Iowa Department of Natural Resources and
the Environmental Protection Agency (if required):
• Is the site compliant with the Iowa Department of Natural Resources (IDNR)
Rules 567-Chapter 135, called Risk-Based Correction Action (RBCA): YES NO
• Provide a current copy of the RBCA report certified by a ground water professional registered
by the Iowa Department of Natural Resources.
• Provide a copy of written approval from the Iowa Department of Natural Resources to
construct a well on a certified LUST site.
• Method of compliance as a Public Water System:
• Compliant to IDNR mandated set back requirements to other utilities: YES NO
• Method of protection from contaminates:
• Total number of employees and the public that is in this facility:
It is my understanding that is (or is not) listed as a LUST site.
A permit fee of$100.00 shall be submitted with this application. All checks are to be made out to the
City of Dubuque.
The City Well Permit request, along with a copy of a Private Well Permit Approved by the County
Health Department, is to be submitted to the City of Dubuque Building Services Department at 50 W
13th St, Dubuque, IA 52001 , Phone: 563-589-4150.
Revised March 27, 2015
�pplication for Private Water Well
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STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: June 05, 2015, and for which the charge is $176.36.
Subscribed to befor
Pde
e, a Notary Public in and for Dubuque County, Iowa,
,20 /` .
otary Public in and for Du:, que County, Iowa.
4ARY i . WESTERMEYER
Cornml€$ion Number 154885
My Comm, Exp. FEB. 1, 2017
or interstices.
SEPARATION/ISOLA-
TION. bISTANCLS: The
distance of a source•of
contamination from a
surface drinking water
source, a' ground water
source supply well, or
any type of • borehole
that Is identified and/
,...or'regulated by the
lowa Department of
Natural Resources.
SURFACE `WATER:
Water located on the
surface of the Eartli m
water bodies sGefi'' os
i lakes,( rivers, 'streams;
popes and.reservoirs,
-A tu• bing
.OFFICIAL •string (typically about
PUBLICATION, fto-.3 ' inches:' in
ORDINANCE NO.37-15 diameter)'than° is
AMENDING: THE,;•temporarily Installed
CITY, OF'' DUBUQUE '.;into the borehole
CODE ; Of ,;ORDI ,;during well cohstrUc
NANCES BY DELET . ,;Mon The ittenpe pJpe,15
ING SECTION' :16 11- used for 'installing
20: , WAT R., SUPPLY. •-annular material such
AND,':ADOPTING THE,, as, filter pack sand:and
FOLLOWING i NEW . gWATER "'SUPPLY WELL:
SECTION, t' 16.-11 20:
WATER; SECTION 16 •A well -used' by public
11-20-1:DEFINITIONS, :water systems, or 'non-"
SECTION 16-1120-2: ,•public rise for ex
�VII�TER i SUPPLY; !tractmg'gieound;water
SECTION 16.1.1 20.3: :for ,
hu.nian consume
GEOTHERMAL WELL tion. •
STANDARDS; AND WELL:=Any excavation
SECTION .• 16.11.20-4: that. is drilled,;,,doted,
WATER WELL SUPPLY "">driveri .;dug, bdred,
SYSTEM .augured,. jetted, wash -
NOW, THEREFORE, : ed 'or is otherwise
:BE IT ORDAINED BY. constructed for ;the
THE., CITY. COUNCIL ,Purpose ,._of exploring
OF THE CITY OF for ground ,water,
• DUBUQUE, IOWA ,;monitoring1. ground
Section 1'., City of Water, • utilizing ;. the
Dubuque„ Code of geothermal properties
Ordinances Section 16- of the ground, or
11 20 Is herebyas „extracting; water from
emended to read or, injecting water into
folio' s: r the .aquifer. "Weil
16-11-20. WATER:' does ,.not include.''an
1611=201 DEFINI- open .ditch, drain tiles,
TIONS: on excavation madefor.
ANNULAR SPACE: The obtaining 'or prospgct$
spaoe . between the ing for oil; drainvtiles„
casJng'or Weii screen natural gas minerals,
and the Wall of the :or +products m nee or
borehole or between quarried, lateral geo-
drlllingspipe and:casing . thermal heat exohali"ge
or between two` see systems nor temporary
arate`strmgs of casing•" deWaterin'g Wells such
AQUIFER A'`` sub'
as those.: used during I
surface' water -beating' 'tbel!,constructiom.: of
layer of- • soil, `sand, subsurface faciljties
gravel:pr lock that•will only for the duration of
of water tol Wellntitiesh6-11 20 2 ctio WATER
BOREHOLE: ,A;- hole :SUP,PLY.
i drilledt or..bored ,into A All; water supply
Ithe earth usually for , .installations for. major
exploratory or; eco- and minor subdivision's
nomic purposes;a hole in the ;city limits,sl all
into ' which casing, be properly connected
`screed:' and-7pthdr-with an,approved and
materials may beinstal filnctioning'. public
led to construct a;well. water supply system.'
CASING. An , imper- B If a -public water
wous, durable `;: pipe supply system is to;be
placed in.a borehole to Provided the area
Pi -event the,'walls of Within a thrto ee (3) year
the borehole,;: from period as indicated in
caving;and to seal off 'the comprehensive
surface drainage • orplan the y) council
undesirable water, gas may requ,citire•install
or other fluids and anon 'of "' a' capped
' prevent entrance -into a " system within the
well. street ,or -road •right of
DRINKING, WATER: .way; or the city, council
Water Which -IS- may require a' -Payment
ed ; for human
sumption and :other improvement
domestic uses, and is:. <` C AI)) proposals for
` considered to be free new public water sup'
of harmful chemicals ply systems • or ex
and ;disease;causmg tensions rte' existing
microorgani'sms.,.,i public water systeris
,GEOTHERMAL BORE` or the use'of wells'arid
HOL-E::A hole drilled or, other. water sources,'
bored, .:into .the rearth shall be approved'by
into 'which , pipinD is the City Manager.
inserted fors user m;a , ' P. -111e- water supply
geothermal system. system shall be ade-
GEOTHERMAL" -'SYS- quote , to handle'the
TEM A;:mechanism for necessary flow based
heat transfer by ;fluid on ,complete develop -
to air 'processes:' and '.Ment of the: subdivision
heat 'transfer by fluid and extensions of; the
to . fluid processes. system ,, to - areas
TEMS: Except for pro -
;visions ih 16=11=20-3-B
2 'regarding-'•replace-
lsbanied bythe regiilred .Ment modification;
fliipg fee ,:MinoThtclosed fepair or destruction,
o 0Osystenls fpay:be 'this; section does :not
authoflzed `i by r�the;,.apply to systems in
Building ::Officiate: ;In ,dxlstehce on'the date
consultation Wlth the of; the adoption of this;
Water Department 'ordinance
Maliager and ?'City ' 16-11 20 4, WATER .
nglneer ;An applica WELL SUPPLY SYS-'-
tion, fore na major TEM
geothermal system A WELLS PRO
must' include an HIBITED Except` as'"`.
environmental impact .provided. in seotio)i 16
analysis'..prepared by., ; il-20-2-C" and section
an engineer licensed In 416 1`1 20 3 B, no person
the' Statea):bf' Ioway ,may_,construct a; Well:
Geothermal i"1 z permits Within the corporate `i
will be:reViewed by the; • liriiits.
cit1i Engineerd and B EXCEPTIONS t _ {
BUlidingr Official who 1The Bujlding Ser-
wili slthen. 4 snake :,a ,� Vices�DeprErnet fray
recommendation to:the issue a ,permit upon
Cdy• Manager. such conditions and
D SITE PLAN limitations as appre- '
REQUIREMENT: A site priate for .tile con= i
plan showing :the gen- struction, of..f_ a ,well
:erally proposed logo rmstafled fol, tl)e pur
tion ,number of wells, Bose, of grouncdWater,
location ' of loops: monitor -Eng Yfi )and/or:
ncluding"" description" "gauging'#.and/or, ,en'`
sand ,MSDS, sheets.;of . ,vironmentai;;iinvestiga-.
the heattransfer,fluid, tion(InvestigativeWell),
"must ' be" submitted 2. The City,Manager
;with the-apphcaflon may Issue a•. Special.
The plan ;must include ,Exception 'P.ermit ':foY.
k the 'calculated antic) ,tne; construction
gated vol'yme of grout , other types of wells, if
hat will`>be required. the"' City Manager
The plan' must Identify determmesin the City
the heat tragsfer fluid Managers sole discre-
including'MSDS sheets. tion that, connection to
Heat transfer fluids thepubliq:water supply
;:that are. •toxic as iis 'riot _,economically'
identified t by the feasible , The City.
International Plumbing Manager Is Under no`-
Gode under essentially obligation to -Issue a.
toxic transfer fluids 'special ?exception per-'<
will''not be accepted; mit -and. the:, authority
and fluids must comply to .grant a. special
fwith) the; {567 Jowa exception per(nit h In
Administrativecludes,tbe aufhQLlty;to
' Sectloni 49,29(5) Geo place conditio�ns,on the
:thermal I;pipe ,�,ioops installation. use oper,-
fi st , be of; approved ation and, -the ,aban-
material• ;for geotlier donment of.1Wells, as
pial installation must well as the authority,to
Have a r; 50 3 } year establish fees :for the ,_
warranty :;against. de administration; over
{ fect and workmanship sight and monitoring
i and must be installed a`s `the City ,Manager
with. a tracer wire., A deems appropriate
base map:'showing any •3.If an Investigativer-
`known operating and/ Welt or Special Except
or non-operating mines tion.•Permit is issued,
is also
required;:;. -With ali;':wejl' services must
the _applcation:Base .be}performed;: With an'
maps are available owa Department of_
online by,_ the City Natural , Resources
Engineering Depart certified well,contrac-
Ment, and/or by,.the,,tor�as requiredFby 567
Iowa pepartment of Iowa Administrative.'
Natur�I, Re�soiarces geo � Code CJlapter 82 The
Iogjsts,rConstructioh'of� certified wellcontrac
((air geothermal heat for must be on site and:
pump system (GHEX) m di`recticontrohof all'
within close prox#mi1y vgll_ services being:t
of mine `shafts and performed
h the Workings has the G. WELL PERMIT
potential' of creating 1: `A Permit`Applica-
additional`,-+hazards
to tion must
both the: strgcttiral pleted and. where,
integrity .'of the GHEX applicable_ q; an `Iowa
system , as wee as Dep;#rtment of Natural
increasing vulnerability Resources permit as
totheshallowagttlfer re4pirretltiby 567, Iowa
E LOCATION OF GEO AdjninistfatiVe_ Code
THERMAL SYSTEMS %Ohaptei I 5052 ;and
The site .plan? must Iowa Code Chapter :
show they property 45513, Division III ,fait
boundaries"and�ease- 4,'be submitted, to the"
ments of ;record aiitl Building Services'.
must detail iwheW the Department or City
system'is located git Manager as aggro
the property Looafloh priate The Application'
of all Jobe_"s rrlust be , rpust contain a copy of
Within i tilO property. an:1,approved- County
bouhtla7les " bf Elie Privates Well tConstl'uo"=.
building `lot and .'not 'tion>�rPermit :=�:No .Well;
encroach oh zany may:, be,•located within',
recorded easements the --'Influence of , an
Major systems may not existing ,.or- proposed;
-be located Within gone • cityowned well site as
thousand :feet• (1(000,! -- determined by -the City-
feet) of a current city Manager nor -.be
=well or Water, so rce °constructed ,.within, a .
Minor"systemsi'niay`not 500 -foot radius of an'i
°be
:Within' two identified leaking un-
. hundred (200) feet of a , derground storage
::city deep (Jordan/ = tarns (LUST) site)
con Ili
Ileu of the
heat transfer by fluid
to fluid processes
which',consists Of the
following basic " ele-
ments: ' ; Underground
-loops of piping,heat
transfer, fluid; a heat
pump
1.•Open Loop Geother-
mal • Systemt,,Ground
water is pumped from
a water WeIJ into, a;heat
er(ohander, located;; in a
surface "building and is
then pumped back into
the,aquifer through a
different well, •: the
same • well, or to the
surface:.of the ground
or to a surface body of
water,: also, known as
pump and dump.
2. Closed Vertical.
Loop : ' or Horizontal
Geothermal System: A
borehole' extends be-
neath the surface.
Pipes are installed with
U -bends at the bottom
or at the end of the
boreholes. The pipes
are connected to the
heat exchanger and
heat transfer fluid is.
circulated through the
pipes.
GROUND WATER:
Water beneath•, ;the
earth's".' surface,' that
occurs between satur-
ated soil and rock that
'supplies wells and
springs.
GROUT: A low per-
meability;rnaterial that
is emplaced in the
space between ..the
wall of the borehole
and the casing of a
well and, or, emplaced
on the wall of the
oorehole. Grout shall
consist of materials
designed to adequately
seal the annular space
like neat ,cement; high
solids bentonite slurry,
or hydrated bentonite
chips.'
'HEAT EXCHANGER: A
device usually made of
coils of pipe that
transfers • heat .from
one medium to ano-
ther;`for example, from.
water to air or water to
water.
HEAT-. TRANSFER
FLUID: Anyliquicrused
-
specifically for the
purpose of transferring
thermal energy from
the heat< source" jto
another location.
LOW PERMEABILITY
MATERIAL`' A geolog-
ical unit` of uncoil,
solidated material (us-
ually clay, or till) or
bedrock (usually shale)
that is all or partially
saturated, and "having
permeability low
enough . (10-7 cmJsec)
to give water.in the
aquifer artesian head
land/or proVIde.protec-
tions to aquifers from
activities `taking place.
at the ground surface
or within the geologic
unit d11 y hove the
low per lit n2a
iteriai 4 , r
ivlAJpRj ,,ERMAL
SYSTEr r,it,0ptal
or vett rgloseq iQop
I system a (s JSiptpd
more t !t ,'2QF feet
leu
surf;", •
.. nd
MJ 4QP.tGFOTNERMAL
SYSTEM; A;hoizontai
closed loop system
that Is placed at or less
than 20 feet below, the
ground surface..
PERMEABILITY: 'The
propensityof. a! !pater-
; Fal to allow fluid .to
I move through its pores
and extensions of the
system to - areas
beyond the subdivi-
sion. : Water supply
system • design and
placement shall com-
ply . with the . city
standards.
E. Fire hydrant size,
type, location and
installation shall com-
ply`; with the minimum
city standards
161120-3 GEO=
THERMAL WELL
STANDARDS:
A. PURPOSE It is the
purpose -cif tills section
is to protect the health',
safety and general
welfare of the people
of the City of Dubuque
by ensuring that
ground water will not
be polluted _ or con-
taminated. Because
ontaminated.Because of
the serious potential of
adverse environmental
impacts, this, section, is
intended to prohibit all
open loop, geothermal
systems. This section
allows for closed loop
systems subject to the
requirements contain-
ed, in
ontain-ed"in this ,section for
thebohst`ructiof Feoon-
structlon, • repairand
destruction of geother-
mal wells. • The . con-
struction of , geother-
mal' wells must use
construction standards.
designed to adequately
protect the aquifers in
each specific; geologic
setting • encountered
and in all other criteria,
comply with 567 Iowa
Administrative Code
Chapter 49. All well
services , must be
performed with an
Iowa Department of
Natural Resources cer-
tified, well contractor
as required `.: by •: 567
Iowa .•' Administrative
Code ..Chapter. 82. The
certified ,well ,contrac-
tor must be on-site and
in direct control of all
well services being
performed .
B. PERMIT REQUIRED:
1. Prior to the con-
struction of any' well,
the well :contractor
must obtain a private
water well construc-
tion permit . from the
Dubuque - County
Health Department and
a permit from the
Building; Services De-
partment, and where.
applicable, an Iowa
Department of. Natural
Resources' permit as
required by 567 Iowa
Administrative I Code
Chapter 50-52 and Iowa
Code Chapter 455B,
Division III, Part 4.
2. No person may dig,
bore, drill, ' replace,'
modify, repair or des-
troy a geothermal Well
or any other ekcaVa-
tion that may intersect
ground water without
first :applying for and
receiving a permit from
the Building 'Services
Department.
C. APPLICATION PRO-
CEDURE: Applicatiorjss
for permits required by
this section' must be
made on forms pro-
vided by the Building
Services Department
and 'must' contain all
such . Information as
required oil the form.
The application must
be submitted by the
property owner, . the
owner's representa-
tive, or the well
contractor and accom
nundred(200)feet, of a derground : stQrage,
city deep • (Jordan% tank (LUSTS site:
•Cambrian=Ordovician)2, A , permit fee,
welt or within''four 'established by'the City
;'hundred (400) feet of.a Manager, , must.,be
city shallow..(alltiVial ssul mltted with , :any
aouifer•)�well No geo- 'application required_ by.
thermal system is , this section.
allowed to'; be eon D. EXISTING WELLS;
•
stFucted wifhin 1a 500= The section does not
foot radius sof ah apply ito a private well
Itli htffled leaking uric a1. exiiste i;priV,on ,they
de`rgrotihd s _` storage date}of the adoption of
�Qhk(LUST)siter thisifordrliancetr.00.,
,F PER'1v1IT4 FEE,VArepal ;and modification
permif feet?established ` of ah existing. -well: is
py. the Cityi Manager; also allowed, however, ,
must' be submitted the :capacity 'of an
With any aapplication exlsting P)ell'.may" hot
recwired by thle pe expanded apd may,
setion be repaired ;.and/,or,_:
G PERMIT SUSPEN' modified only upon
SIGN AND = REVOQA-receivi_ng,al-permm
itfro
TION Theo;Cit)% Man theBuildingF SerVlce's.
ager may•sus'pend or Deparfinent
revoke any permit E, :COMPLIANCE All
issued pursuant to this procedures and me
section whenever the ithods 1 - for ,. the con
Git`y +Manager finds struct 0tr of a' pprivate
tfat'the permittee has well must comply With -';
violated •.any of th'e .567.• owa�'• Administra
provisions of this five Code ,Chapters 82.;
section or, `has, iris .and r 49 ,' for. water"
represented any mater- supplies, design, and
lar; fact
in: the operation<and with all
aipicatlon or any applicable :regulations,-,
supporting documents, of 'the J;Jnited .States
or where the well or its Enyirohmentl' , ,100.
-'
use may Rose a risk to tion,Agency :•
groundwater' quality; F. .'CONNECTION TO
human, health or the PUBLIC WATER,SUPPLY
en'viroriment=or should PROHIBITED Wells
the"system fail any ofmay-not be'conpected'
its' mandated testing d rectly or Indirectly to„
requirements the :'"public wate>"'+
:•H OPEN LOOP SYS- supply.
TENS 'PROHIBITED: Section 2, This,Ordi-
Open loopsystems,•are nance;shall take effect _.
prohibited.'.:; upon publication.
1 TESTING r.'•OF Passed,'approvedand.`
SYSTEM:, • Geothermal -"adopted this lst^day. of
pipirig :systems must • June, 2015.
'be tested as .required /s/Roy D. Buol, Mayor
by: the Building Attests_/s/Key)rs >
Services Manager prior Firristahl .City Glerk.
to operation of".the Published officially in
system and every three the.; Telegraph, Herald '
(3)iyearsthereafter.All newspaper on the Sth
geothermal : systefns day of June 2015:
"must be ;pressure' ; /s/J<evm5 Firnstahl,
checked by a certified nCiity Clerk
contractor not less i It 6/5
than every •three '(3),
years from the
certification ' system
date. - Results of the
tests _must be submi-
tted to the Building:
Services Department. '
J; -ABANDONMENT OF
-GEOTHERMAL ' SYS-
TEMS: Abandonment: of
'geothermal ; systems
musfbe as required;in`!
567` Iowa- Adminis-
trative Code" --Section
"49.28. The heat transfer
•fluid must, be removed
by a displacement With,;'
grout and the loop"
pipes properly capped
or sealed by • •anJ
approved` method. The''
top of the borehole
trust' also be un-'
covered and properly
capped or sealed by an
approved method.
K. REGULATION CON-
'FLICT: In the event any
of:the provisions of this
section conflict with
any, state'or, federal
Tegulation;the •state"or
federal regulation will
control '
L. COMPLIANCE: All
procedures andr me-
thods for construction
of: geothermal wells.
must comply with the
567' Iowa'. Administra-
tive Code Chapters 82
and 49 for lion -public.
water supply wells and
all: applicable,regula-
tions of the United`
States • Environmental
Protection Agency.
M. 4 -,EXISTING' SYS-