Chapter 5-44


5-44.010    Capping or covering of oil or water wells required.

5-44.010 Capping or covering of oil or water wells required.

A.    Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

“Abandoned oil or water well” means and includes any such well not actually and continuously used and any well, whether being used or not, the mouth or entrance of which is left open.

“Cistern” means an artificial reservoir or tank or wells for storing water.

“Person” means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, city or any other group or combination acting as a unit.

B.    Responsibility for Capping or Covering Well. A person who digs, drills, excavates, constructs, owns or controls any water well, oil well or cistern and abandons such well or cistern and a person who owns, possesses or controls any premises on which an abandoned water well, oil well or cistern exists shall cap or otherwise securely cover the mouth or entrance to the well or cistern. The capping or covering shall be so constructed and installed as will prevent any human being from falling into the well or cistern or from suffering any bodily injury, through accident or inadvertence, by reason of the existence of the well or cistern.

(OCC § 3-9-34)