Effective 28 Aug 1991

256.628. Obligation to plug abandoned well, notification — information to be filed, form — inspection, injunction, penalty. — 1. A public water supplier subject to the provisions of chapter 640 which connects to any structure or location previously served by any well which is not that of another public water supplier shall notify the well owner of his obligation to plug any abandoned well pursuant to the requirements of sections 256.600 to 256.640. The public water supplier shall not connect any person to the public water system until the person submits information which identifies the location of wells and attests that:

(1) Known abandoned wells on the property have been plugged; or

(2) There are no known abandoned wells on the property; or

(3) Existing wells will remain in use and will be properly plugged when no longer used; or

(4) Any abandoned wells will be plugged within ninety days.

2. The public water supplier shall submit a copy of information so received to the division on forms provided by the division, along with sufficient information to enable the division to locate existing and abandoned wells. The division shall, within a reasonable time, inspect any well identified in subdivision (4) of subsection 1 of this section. If the division determines that an abandoned well has not been plugged, it shall order the owner to have it plugged by a permitted water well installation contractor within thirty days. The division shall immediately seek injunctive relief through the office of the prosecuting attorney of the county wherein the alleged violation occurred to enforce its order and shall notify the appropriate public water supplier who shall terminate water service to the property thirty days after receipt of notice if the well has not been plugged. Any person who fails to plug an abandoned well pursuant to the provisions of this subsection shall, upon conviction, be subject to the penalties specified in section 256.637.

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(L. 1991 S.B. 221)