(A) The intent of this section is to establish control by the city over the location of future potential sources of contamination within the proximity of the city’s drinking water system so as to prevent or minimize any hazard to the safety of the city’s drinking water.
(B) For purposes of this section, WATER WELL shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground or extracting water from or injecting water into the underground water reservoir. Water well shall not include any excavation made for obtaining or prospecting for oil, natural gas, minerals or products mined or quarried or inserting media to repressure oil or natural gas bearing formation.
(C) For purposes of this section, WELLHEAD PROTECTION AREA shall mean the property described as:
The south half (S1/2) of section one (1); the south half of section two (2) east of Highway 283; all of section eleven (11) east of Highway 283; all of section twelve (12); all of section thirteen (13); section fourteen (14) east of Highway 283; the north half of north half (N1/2N1/2) of section twenty-three east of Highway 283; and the north half of north half of north half of section twenty-four (24) all in Township Five (5) North, Range Twenty Three (23) West, of the 6th P.M., Gosper County, Nebraska.
(D) It shall be unlawful to place, maintain, construct or replace any of the following structures or conduct any of the following activities within the wellhead protection area:
(1) Water well;
(2) Sewage lagoon;
(3) Cesspool;
(4) Dump;
(5) Feedlot or feedlot runoff;
(6) Corral;
(7) Chemical storage;
(8) Petroleum storage;
(9) Pit toilet;
(10) Sanitary landfill;
(11) Septic tank;
(12) Sewage treatment plant;
(13) Sewage wet well; and
(14) Absorption or disposal field for waste.
(E) The governing body may consider allowing placement of water wells, as defined by Nebraska regulations governing public water supply systems (Title 179, NAC 2) and Nebraska regulations governing water well construction, pump installation and water well abandonment standards (Title 178, NAC 12) as amended from time to time, closer to a municipal water well than the limitations set forth in division (C) above. Closer placement shall be allowed only under the following conditions.
(1) (a) An application must first be filed with the city showing the type of water well to be installed, the materials used, the operation of the proposed unit and the person responsible for the actual installation of the water well. Preference, for approval, will be given to installations that do not disturb any water-bearing strata.
(b) The city shall refer the application to its Engineer for evaluation and report. The estimated cost of the Engineer’s fees must be paid at the time of filing the application. Any additional costs, which are reasonably incurred by the Engineer in making his or her examination and report, shall be paid by the applicant, in addition to any previously paid estimated costs.
(2) (a) The governing body shall consider the Engineer’s report and any additional information submitted by the applicant. In reaching its decision on whether to allow the placement of a water well, as above defined, the governing body must act to prevent all sources of possible or likely water contamination.
(b) If the governing body approves the installation, it shall submit the application, together with the Engineer’s report, to the Department of Health of the State of Nebraska for final approval or denial.
(c) No installation shall be made without the approval of both the governing body and the Department of Health of the State of Nebraska.
(F) Water wells in existence and use, as of the effective date of this section, shall continue to be permitted unless such continued existence or use presents a hazard to the quality or quantity of the drinking water available for public use to the city’s drinking water. The owner of any water well shall have the burden of establishing the existence and use of such well at the time of the effective date of this section.
(Ord. 2002-02, passed 3-5-2002; Ord. 2004-01, passed 1-20-2004; Ord. 2007-07, passed 9-18-2007) Penalty, see § 51.99