VILLAGE OF CAPITAN
ORDINANCE 99-4
AN ORDINANCE ADDING A NEW SECTION 3-1-17 TO THE
CAPITAN MUNICIPAL CODE ENTITLED "WATER CONNECTION REQUIRED."
PREAMBLE
A. The governing body of the Village of Capitan finds
and determines that serving dwelling units solely from a well poses a danger
to the public health due to the risks associated with untreated water.
B.The governing body of the Village of Capitan further
finds and determines that the costs of maintaining the water system should
be borne by all owners of occupied premises within the Village, and that
failure to require all such premises to connect to the Village water system
would result in the loss or misallocation of revenue. This loss or misallocation
in turn may jeopardize the financial integrity of the system and the ability
to secure supplemental funding from other sources.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CAPITAN:
A new section 3-1-17 is added to the Capitan Municipal Code to read:
3-1-17 WATER CONNECTION REQUIRED.
A. Each tract of land in the Village used for human habitation
or occupancy, which adjoins any water line of the Village water system, or
roadway or other right-of-way containing such a water line, shall be connected
to the Village water system.
B. No person shall drill use or maintain
any water well on any premises unless any and all structures used for habitation
on those premises are served with water from the Village water system.
C. On any premises where there is a water well, the Village
Utility Superintendent, or the Utility Superintendent's designee, shall inspect
the connections to the Village water system to insure that there is no cross-contamination
to the Village water system from the well.
D. Any premises served solely by water from a well which
is in place as of the date of adoption of this ordinance (September 28, 1999)
shall not be required to comply with subsections A and B of this section
if the premises do comply with subsection C of this section.
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