Res 1517 - Policy Private Wells
COUNCIL BILL NO. 1937
RESOLUTION NO. 1517
A RESOLUTION ESTABLISHING POLICY REGARDING PRIVATE WELLS IN THE CITY AND
COST SHARING FOR ABANDONMENT OF SUCH WELLS.
WHEREAS, The City of Woodburn's sole source of clean, safe drinking water
is from groundwater resources, and
WHEREAS, The public is a beneficiary of safe drinking water, and
WHEREAS, It is of paramount importance that the City's groundwater resources
be protected from potential contamination, and
WHEREAS, Private wells, those in use and those improperly abandoned,
potentially provide a direct route for contaminants to the city's underground water supply,
and
WHEREAS, The City has by ordinance established rules, regulations and
enforcement for use and supply of city water service, and
WHEREAS, To adequately plan for future water needs it is vital that the location
of private wells whether or not registered with Oregon Water Resources Department be
known, and
WHEREAS, The costs of private well abandonment, which must be
accomplished in accordance with Oregon Water Resources Department Regulations, may
cause an economic burden on the affected property owner, and
WHEREAS, The city assists in the costs of providing public infrastructure, and
WHEREAS, Protection of the city's groundwater resource is critical to
accommodate a growing population, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City of Woodburn hereby establishes a private well registration
program that requires residents and business operations to register with the city any
private wells, whether they are actively used or inactive, on their property within the city
limits.
Page 1 -
COUNCIL BILL NO. 1937
RESOLUTION NO. 1517
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Section 2. The City hereby initiates a private well abandonment program that
allows the City to partially subsidize the cost of abandonment of private wells in
accordance with the requirements of the Oregon Water Resources Department (WRD).
Section 3. Those property owners who register their private well with the city
by December 31, 1999, within one year of annexation to the city or within one year of
when the well driller signs the well log for new well as being completed are eligible for a
partial cost subsidy of 50% city and 50% property owner. The cost subsidy will be
available to the property owner at that time when the property owner determines that the
well will be permanently abandoned in accordance with WRD requirements.
Section 4. Those property owners who desire to participate in the program but
who do not comply with the registration requirement of Section 3 are eligible for a partial
cost subsidy of 25 % city and 75 % property owner.
Section 5. New residential and commercial subdivisions are excluded from this
cost subsidy program since abandonment of wells found on such subdivisions are normally
the responsibility of the developer or builder as stipulated in subdivision conditions of
approval. However, a partial cost subsidy of 25% city and 75% developer will be allowed
if well abandonment is completed prior to start of any construction activity on the
subdivision.
Section 6. If it is the desire of the property owner to allow transfer of water
rights established for any abandoned well to the city to be utilized for municipal supply, the
city will facilitate that process and pay any costs associated with the water right transfer.
Section 7. The program shall be initiated and administered according to
established procedures at the discretion of the city. These policies and guidelines are
attached to this resolution for reference purposes. The interpretation and implementation
of this resolution and administrative policies is the responsibility of Public Works Director
or authorized designate.
Section 8. The creation and administration of this program by the city in no
manner relieves or absolves a property owner of the responsibility for contamination or its
remediation and its duty to indemnify the city for damages to persons or property that may
be required as a result of the private well or because of its improper abandonment.
Section 9. All funding assistance by the city is predicated on funding being
available and the Public Works Director is hereby authorized to make cost subsidy
decisions within budget constraints and the limited resources available to the Public Works
Department.
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COUNCIL BILL NO. 1937
RESOLUTION NO. 1517
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Approved as to form: cy) ..ry~)
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: r71 ..~.
.' M'~ant, Recorder
City of Woodburn, Oregon
Page 3 -
COUNCIL BILL NO. 1937
RESOLUTION NO. 1517
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Date
November 9. 1998
November 10. 1998
November 10, 1998
November 10, 1998
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ADMINISTRATIVE PROCEDURES AND GUIDELINES
PRIVATE WELL ABANDONMENT PROGRAM
The intent of this program is to register with the city private wells that are located in
the city limits and to help property owners properly abandon their private wells. The
abandonment of these wells will be at the discretion of the property owner in most
cases. The city does encourage the proper abandonment of wells that are no longer
in use or for which no future use is planned.
Property owners will be asked to fill out a form indicating where their well is located
so the city can maintain a record of the well location.
The city will provide a partial cost subsidy for those property owners who do wish
to properly abandon their well in accordance with the State of Oregon Water
Resource Department (WRD) regulations. The following criteria will be utilized to
determine the amount of the cost subsidy by the city:
1. Property owners who register their private well with the city by
December 31, 1999, within one year of annexation to the city or within
one year of when the well driller signs the well log for a new well as
being complete will be eligible for a partial cost subsidy of 50% city and
50% property owner. The cost subsidy will be available to the property
owner when they determine that the well will be abandoned. The well
must be abandoned in accordance with WRD requirements.
2. Property owners who desire to participate in the program but do not
comply with the registration requirement will be eligible for a partial cost
subsidy of 25% city and 75% property owner. The well must be
abandoned in accordance with WRD requirements.
3. For new residential and commercial subdivisions a cost subsidy of 25%
city and 75% developer will be allowed if well abandonment in
accordance with WRD requirements is completed prior to the start of
any construction activity on the subdivision.
4. Property owners who willfully improperly abandon a private well will be
responsible for all costs associated with the proper abandonment of the
well.
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5. An application for cost sharing eligibility will be completed when the
property owner determines that they wish to participate in the city's
private well abandonment program. Public Works will maintain an
updated list of approved wells for the cost subsidy program. The
property owner will be informed when cost subsidy funding is available
from the city.
The determination of eligibility requirement is the responsibility of the Public Works
Director or authorized designate. The determination of eligibility will be final.
Eligibility will be determined by the following guidelines:
A. Potential for pollution of the city's underground source of drinking
water.
B. Location of the well in respect to existing city water supply wells.
C. Period of time that the well has been out of service.
D. Willingness of property owner to abandon the well
The city cost subsidy will be paid when a statement from a Certified Well Driller is
provided along with documentation of abandonment in accordance with WRD
requirements.
If it is the desired of the property owner to transfer water rights, if they exist, to the
city for municipal use, the city will coordinate that transfer. The city will fund any
costs associated with such transfer and will complete required forms.
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