(A) (1) Neb. RS 17-536 provides that the jurisdiction of the city to prevent pollution or injury to the source of its water supply shall extend 15 miles beyond its corporate limits.
(2) It is necessary to place limitations upon the location of potential sources of pollution or injury to the municipal water supply within the wellhead protection areas and to prescribe rules and regulations with respect to the limitations and the enforcement thereof.
(B) The findings set forth above are hereby made a part of this section as fully as if set out at length herein.
(C) Word or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application.
(D) The two areas inside the bold lines on the map, attached to the ordinance codified herein and made a part of this section, shall be the official wellhead protection areas for the city.
(E) It shall be unlawful for any person to place, install, construct or replace any of the following structures or conduct any of the following activities within the wellhead protection area, except as may be provided herein, to-wit:
Activity |
Activity |
(1) Absorption or disposal field for waste |
(2) Cesspool |
(3) Chemical or petroleum product storage |
(4) Corral |
(5) Dump |
(6) Feedlot or feedlot runoff |
(7) Non-potable water well |
(8) Pit toilet |
(9) Sanitary landfill |
(10) Sanitary sewer connection |
(11) Sanitary sewer line |
(12) Sanitary sewer manhole |
(13) Septic tank |
(14) Sewage lagoon |
(15) Sewage treatment plant |
(16) Sewage wet well |
(F) The placing, installing, constructing or replacing of any structure or activity as set forth in division (E) above, hereinafter termed “wellhead structure or activity”, within the wellhead protection areas shall not be permitted after the effective date of this section unless a permit, approved by the Administrator, has been obtained. The owner of any wellhead structure or activity shall have the burden of establishing the existence and use of the wellhead structure or activity at the time of the effective date of this section.
(G) (1) No permit shall be issued by the Administrator within the following setback distances from any city municipal water well:
Activity | Minimum Distance (measured in feet) |
Activity | Minimum Distance (measured in feet) |
(a) Non-potable water well | 1,000 |
(b) Sewage lagoon | 1,000 |
(c) Absorption or disposal field or waste | 500 |
(d) Cesspool | 500 |
(e) Dump | 500 |
(f) Feedlot or feedlot runoff | 500 |
(g) Corral | 500 |
(h) Pit toilet | 500 |
(i) Sanitary landfill | 500 |
(j) Chemical or petroleum product storage | 500 |
(k) Septic tank | 500 |
(l) Septic tank (gallons per day exceeding 1,000) | 1,000 |
(m) Sewage treatment plant | 1,000 |
(n) Sewage wet well | 1,000 |
(o) Sanitary sewer connection | 100 |
(p) Sanitary sewer manhole | 100 |
(q) Sanitary sewer line | 50 |
(r) Sanitary sewer line (water tight) | 10 |
(2) Any activity described above located within the defined setback distance shall be considered prima facie a hazard to the quality of the municipal water supply.
(H) The Board of Public Works (BPW) shall be responsible implementation and enforcement of the rules and regulations established by this section and shall consider all applications filed pursuant hereto. All applications shall be approved or rejected by roll call vote. BPW shall designate one of its employees Administrator. This employee shall be charged with administration of the rules and regulations.
(I) Any wellhead structure or activity, not prohibited by division (G) above, shall be allowed upon determination by BPW that the activity does not constitute a hazard or threat to the quality of the municipal water supply and upon issuance of a permit by the Administrator.
(J) Prior to placing, installing, constructing, expanding or replacing any wellhead structure or activity, the owner of real estate upon which the structure or activity is proposed shall file with the Administrator an application for a wellhead structure or activity permit. The application shall be on a form furnished by the Administrator and shall include supporting information indicating why approval would not adversely impact the city’s water supply. The Administrator shall thereafter submit the application to BPW for consideration at a Board meeting. Prior to acting upon the application, the BPW may seek an engineering report, recommendations of the County Natural Resources District, the State Department of Environmental Quality or any other party or agency in evaluating the impact of the proposed structure or activity on the city water supply. A permit shall be issued if BPW determines the structure or activity is unlikely to contaminate or pollute the water supply.
(K) Wellhead structures or activities in existence and use in the wellhead protection area as of the effective date of this section shall continue to be permitted unless the continued existence or use, in the opinion of the BPW, presents a hazard to the quality of the municipal water supply. If BPW determines an existing wellhead structure or activity presents a hazard, BPW shall authorize the Administrator to notify the owner of the structure or activity to cease or desist the structure or activity. If the owner of the wellhead structure or activity desires to continue operation of the structure or activity, the owner may seek to procure a permit pursuant to this section. If the owner does not cease and desist pursuant to the notice, the Administrator may proceed pursuant to division (J) above against the owner and/or the wellhead structure or activity.
(Prior Code, § 3-743) (Ord. 13-98, passed 12-14-1998) Penalty, see § 51.999