[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]
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 ground water 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 Bolivar Municipal Code, 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 Bolivar Municipal Code, 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 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.
