(A) Illegal well defined. Any well that does not comply with the State of Nebraska's regulations regarding well drilling at the time of installation, or any well drilled after October 6, 2011 within the city boundaries at the time of installation, or any well that has not complied with the requirements set forth in division (B) below.
(B) "Grandfathered in" or pre-existing sandpoint wells prior to October 6, 2011. Any owner or operator to use a pre-existing sandpoint well shall ensure the sandpoint well meets the following criteria, at the owner or operator's expense, or it will be considered an illegal well:
(1) The existing sandpoint well must be in compliance with the State of Nebraska regulations regarding location and construction which were in effect at the time the sandpoint was installed, including registration of the well with the Nebraska Department of Natural Resources if it was installed on or after September 1, 1993.
(2) The well must be sealed at the upper terminus to prevent the introduction of contaminants into the well which may pollute the groundwater; the method of sealing must meet the regulatory requirements which were in place at the time of construction and must be inspected by the Public Works Director or his/her designee. If the sandpoint well is part of a stand-alone irrigation system (is in no way connected to the premises water system), a check valve must be installed to prevent the backflow of contaminants into the well through the irrigation system.
(3) In order to protect the city public water system from contamination as a result of potential backflow, any premises which receives water from the city public water system and where a sandpoint well exists which is connected in any way to the premises water system must have a reduced pressure (RP) backflow prevention assembly installed on the service line from the city distribution system to the premises being served. If the sandpoint well is not connected to the premises water system, permanently mounted frost-proof hose bib vacuum breakers (backflow preventers) must be installed on all outside hose bibs at the premises.
(4) All testable backflow prevention assemblies (a RP is testable) must be tested as required by state regulations (at least once annually by a licensed Grade 6 Water System operator). The test results for testable assemblies and documentation of any repairs to any backflow preventer must be reported to the city in writing within 30 days following the test/repair.
(5) All sandpoint wells must be reported to the city regarding its existence no later than 4:30 p.m. on April 1, 2013.
(6) If land is annexed into the city corporate boundaries and it contains a well or sandpoint well, the property owner or operator will have 60 days to report the location of the well(s) and comply with the above requirements for sandpoint wells if they are a sandpoint well, otherwise they shall be considered an illegal well.
(C) Any violation of this section shall be enforced according to § 151.53 of this code.
(Ord. 865, passed 2-14-2013)