[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. 2007 §221.020]
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:
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:
The type of system proposed to be installed;
If an open loop system, whether the source of water will be from the City water supply system or private source;
The proposed method of discharge of water from an open loop system;
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;
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 ground water supply will be protected against contamination; and
Such other information as the Administrator may determine is necessary or appropriate.
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 Bolivar Municipal Code, as now in effect or as may hereafter be amended from time to time.
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 Bolivar Municipal Code, as now in effect or as may hereafter be amended from time to time.
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 ground water 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 ground water contamination or poses an unreasonable threat of depletion of the ground water 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. 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 ground water 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. 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.