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An Ordinance Prohibiting Drilling Of Wells

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Ordinance No. 2012-29

Interested persons will take note that the Village Council of Yellow Springs on Monday, December 17, 2012, gave first reading to an ordinance, text to follow.

Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7:10 p.m., Monday, January 7, 2012, in the Bryan Community Center, 100 Dayton St.

WHEREAS, there are several private groundwater wells in the Village of Yellow Springs, including abandoned and dry wells; and

WHEREAS, the Village provides a public water supply as the primary water supply for properties in the Village; and

WHEREAS, the State of Ohio Administrative Code (OAC 3701-28-17) revised on April 1, 2011, states that “all private water systems that are not providing the primary source of water shall either be sealed in accordance with this rule or maintained in strict compliance with all applicable requirements of this chapter” and that “all dry holes that are not being used as a private water system shall be sealed in accordance with the provisions of this rule or may be converted to a geothermal system”; and

WHEREAS, the Village has experienced some groundwater contamination in one area of the Village (see Exhibit A) that is subject to a remediation plan and review by the United States Environmental Protection Agency (USEPA); and

WHEREAS, the Council desires to protect underground water resources for the health, safety and welfare of the public.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Yellow Springs, Ohio, that:

Section 1. All private wells for obtaining groundwater shall comply with the provisions of the Ohio Administrative Code chapter 3701 and other applicable laws and regulations.

Section 2. That the area described in Exhibit A is specifically designated as a Groundwater Management Area and that wells in this area shall be a priority for the application of the provisions of OAC 3701-28-17, including the capping of abandoned and existing wells (or conversion to geothermal) that are not a primary water source.

Section 3. Nothing in this ordinance prohibits the drilling of testing wells for purposes of the evaluation of groundwater resources or environmental monitoring or for environmental remediation. Further, well # WW-Plant 2 identified on Exhibit A shall remain uncapped as required by the U.S.E.P.A.

Section 4. As no groundwater well is the primary water source, future drilling of groundwater wells is hereby prohibited.

Section 5. The Village Manager is hereby authorized to take actions in accordance with OAC 3701-28-17 to implement its provisions including providing information to property owners and assistance for complying with said OAC section.

Section 6. The Village Manager shall cause a copy of this Ordinance to be sent to the Greene County Combined Health District.

Section 7. This Ordinance is hereby declared to be a legal measure for the immediate preservation of the public health, safety and welfare of the inhabitants of the Village and for the further reason of insuring the safety of groundwater resources and providing safe water for its citizens’ use and therefore shall become effective immediately upon its passage.

Judith Hempfling, President


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