1987-27 Adding KIB Code Section 13.02.110 Pertaining to Well AbandonmentKODIAK ISLAND BOROUGH
ORDINANCE NO. 87 -27-0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADDING
KODIAK ISLAND BOROUGH CODE SECTION 13.02.110 PERTAINING TO WELL
ABANDONMENT.
WHEREAS, Kodiak Island Borough Code Section 13.01.030 requires every owner of
property having occasion to use water on that premises to establish individual connections
with the nearest Borough water main, and
WHEREAS, the regulations of the State of Alaska, Department of Environmental
Conservation, 18 AAC 72.021, establish a minimum distance of 75 feet between private
water sources and community sewer lines, and
WHEREAS, it is at times impractical to place a sewer line without violating the
1 minimum separation distance prescribed by the State;
NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly:
Section 1. This ordinance is of a general and permanent nature and shall become
a part of the Code of the Kodiak Island Borough.
Section 2. The Code of the Kodiak Island Borough is amended by the addition of
Section 13.02.110, as follows:
Section 13.02.110 Well Abandonment - Minimum Separation Distance.
Every owner of property or of a residence using or having the occasion
to use water in the Borough on that premises whether leased, used,
occupied, ar owned by him, shall establish individual service connections
with the nearest Borough water main, except, in areas of the Borough
where water services have not been provided or are not accessible to
any residence or other building within a distance of 200 feet there-
from, wells and other water collection devices may be constructed;
provided, however, that as soon as the Borough constructs a water
main in these areas, any private well within 75 feet of a community
sewer line must be abandoned or removed by any owner or builder
thereof whose property line is within 200 feet of the water line. If
the owner of property fails to comply with the requirement of abandon-
ment or removal of such wells, the Borough Assembly may condemn
them as a nuisance and proceed to remove them and fill them up and
to connect the owner's facility to the public water line at the expense
of the owner and the cost thereof shall be assessed against the property
and collected with interest and costs. The requirement of abandonment
or removal of such wells shall not apply to any landowner who receives
a waiver of the separation distances required under the procedures set
forth in 18 Alaska Administrative Code 72.021.
ATTEST:
First Reading
Section 3. This ordinance shall become effective upon passage.
PASSED AND APPROVED this 3 day of
If �.� -4- - our n4
Second Reading, Public Hearing,
and Passage Date
Recommended by
Kodiak Island Borough
Ordinance No. 87 -17-0
Page 2
September , 1987.
KODIAK ISLAND BOROUGH
By:
Bo Mayor
By: /, i
Presiding Officer
6 August 1987
3 September 1987
Engineering Department /Borough Attorney