City of pleasant hope missouri municipal code

Chapter 221 – Ground Source Heat Pumps

Section 221.010: Definition of Ground Source Heat Pumps

The Board of Aldermen does hereby find and determine that the use of “Ground Source 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 re-circulates 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 and require reasonable regulation and restriction.

Section 221.020: Regulations for Installing a Ground Source Heat Pump

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:
Sub Section A. No such system shall be installed until a permit has been obtained from the City of Pleasant Hope. Such permit shall be given only after the person proposing to install the system shall have filed the application with the City setting forth:

1. 
   The type of system proposed to be installed;
   

2. 
   If it will be an open loop systems and whether the source of water will be from the city water supply system or a private source;
   

3. 
   The proposed method of discharge of water from the open loop system;
   

4. 
   A certification that the private source of water supply shall be made only in full compliance with all rules, regulations and restriction of the Missouri Department of Natural Resources;
   

5. 
   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;
   

6. 
   And such other information as the City may determine is necessary or appropriate.
   

Sub Section B. 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 meter reading. All water from the City system used by the ground source system shall be paid at the rate provided in Article III, Chapter 100.
Sub Section C. All water discharged from an open loop system, regardless of the source of water supply, must be discharged into a city storm sewer drain, the City Sewer System, or other area approved by the City of Pleasant Hope. If the system discharges into the City Sewer System, the owner or occupant of the premises shall pay a sewer bill based upon the metered rate as set forth in Article III, Chapter 200, as now in effect, or as may hereafter be amended from time to time.
Sub Section D. 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 and 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 be terminated 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 days after mailing. Any person aggrieved by such an order may appeal within 15-days of the receipt of such an order to the Pleasant Hope Municipal Division of the Polk County Circuit Court, who shall schedule a hearing thereon with 10-days. Either the City or an aggrieved owner or occupant my appeal the decision of the Municipal Judge with 10-days following it entry to the General Division of the Polk County Circuit Court, who may conduct a de novo hearing on the matter.

Section 221.030: Protecting the Interests of the City and its Residences

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 Sewer 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 ordinance 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.

Section 221.040: Violation Provisions

Any person that knowingly installs a ground source heat pump heating and cooling system without first obtaining the required permit, or who acts with criminal negligence (as defined in Section 225.020(3) of the Pleasant Hope Criminal Code, ( or as may hereafter be amended), with respect to the operation of the system in violation of the provisions of Chapter 221, 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 ordinance shall, upon conviction, be deemed guilty of a Class B misdemeanor punishable as provide in Chapter 225, Pleasant Hope Municipal Code.