[R.O. 2009 § 515.010; R.O. 2007
§ 221.010]
The Board of Aldermen does hereby
find and determine that the use of "ground source heat pumps" for
heating and cooling of residential and commercial property is becoming
a popular means of heating and cooling. Further, that there are two
(2) types of systems commonly in use, namely, an "open loop" system
which uses and then discharges water and a "closed loop" system which
recirculates liquids through the ground in a series of pipes and into
the system. Both systems present separate and distinct risks to the
health and well-being of the residents of the City, which require
reasonable regulation and restriction.
[R.O. 2009 § 515.020; R.O. 2007
§ 221.020]
A.
Any person, firm, corporation or other
entity which proposes to install a ground source heat pump system
utilizing water as its source of heating and cooling shall comply
with the following regulations:
1.
No such system shall be installed
until a permit shall have been first obtained from the Zoning Administrator
or other designee of the City (hereinafter called the "Administrator").
Such permit shall be given only after the person proposing to install
the system shall have filed an application with the City setting forth:
a.
The type of system proposed to be
installed;
b.
If an open loop system, whether the
source of water will be from the City water supply system or private
source;
c.
The proposed method of discharge
of water from an open loop system;
d.
A certification that the private
source of water supply shall be made only in full compliance with
all rules, regulations and restrictions of the Missouri Department
of Natural Resources;
e.
A drawing of the proposed system
showing source of water supply, discharge pipes (if open loop), discharge
point (if open loop) and the means by which the groundwater supply
will be protected against contamination; and
f.
Such other information as the Administrator
may determine is necessary or appropriate.
2.
All water used in an open loop system
that is to be connected to the City water distribution system shall
pass through an approved water meter which accurately measures water
usage by the system. Such meter shall be placed so as to provide access
thereto by employees of the City for reading. All water from the City
system used by the ground source system shall be paid at the rate
provided in Section 710.030 of the Code of the City of Bolivar, as
now in effect or as may hereafter be amended from time to time.
3.
All water discharged from an open
loop system, regardless of the source of water supply, must be discharged
into a City storm sewer, the City sewage disposal system or other
area approved by the Administrator. If the system discharges water
into the City sewage system, the owner or occupant of the premises
shall pay a sewer bill based upon the metered rate as set forth in
Section 710.050 of the Code of the City of Bolivar, as now in effect
or as may hereafter be amended from time to time.
4.
No private water source shall be
used unless the system complies with all rules, regulations and restrictions
of the Missouri Department of Natural Resources, whether now in effect
or hereafter adopted or amended; and in all events is designed and
installed in such a manner that minimizes the risk of groundwater
contamination. If the City or an agency of the State of Missouri determines
that the system is being operated in such a manner as to pose an unreasonable
risk of groundwater contamination or poses an unreasonable threat
of depletion of the groundwater supply, either permanently or temporarily,
the use of such system must terminate within five (5) days following
the delivery of an abatement order to the owner and/or occupant of
the premises. The order may require temporary or permanent cessation
of use, depending upon the cause for the order. If the order is based
upon depletion of the water supply, such determination shall be based
upon a reasonable degree of geological certainty; and the City shall,
prior to the entry of such an order, confer with the Department of
Natural Resources of the State of Missouri, Division of Geological
and Land Survey or other qualified geologists. Such order may be personally
delivered or mailed, certified, postage fully prepaid, to address
of the premises. Such order shall be deemed to have been delivered
two (2) days after mailing. Any person aggrieved by such an order
may appeal within fifteen (15) days of the receipt of such an order
to the Bolivar Municipal Division of the Polk County Circuit Court,
who shall schedule a hearing thereon with ten (10) days. Either the
City or an aggrieved owner or occupant may appeal the decision of
the Municipal Judge within ten (10) days following its entry to the
General Division of the Polk County Circuit Court, who may conduct
a de novo hearing on the matter.
[R.O. 2009 § 515.030; R.O. 2007
§ 221.030]
If the City shall determine, after
examination of the facts, that additional regulations in the use of
ground source heat pumps are necessary or appropriate to protect the groundwater
supply, the City sewage system or other interests of the City and
of its residents, it may impose such additional regulations and all
systems installed after the date of this Chapter shall thereafter
be modified within six (6) months to conform to such additional regulations
or the use thereof terminated. Any new regulations or restrictions
must balance the legitimate interests of the City and of its residents
against the burden and expense of the new regulations.
[R.O. 2009 § 515.040; R.O. 2007
§ 221.040; Ord. No. 1145, 1-10-1991]
Any person that knowingly installs a ground source heat pump heating or cooling system without first obtaining the required permit or who acts with criminal negligence (as defined in Section 225.010(A)(3) of the Bolivar Municipal Code (or as may hereafter be amended), with respect to the operation of the system in violation of the provisions of this Chapter or who knowingly fails to terminate the use of a system after an abatement order is received or who knowingly violates any other provision of this Chapter shall, upon conviction, be deemed guilty of an ordinance violation punishable as provided in Section 100.220 of the Bolivar Municipal Code.
