§ 52.137 TAPPING EXPENSE; SPECIAL CONNECTION CHARGES.

   (A)   Applicants for water shall be charged for expenses of tapping and for all service pipe and trenching from the main to which such applicant’s connection is to be made.

   (B)   If the connection is to be made to any water main(s), which have been laid and constructed in a water district or water extension district of the city, wherein special assessments have been levied upon the property in said district to pay all or any part of the cost of construction thereof, and the property to which said connection is made has not been assessed in said district, or if the connection is made to any water main(s) hereafter laid or constructed by the city without the levying of any special assessments for the construction thereof, the person desiring said connection shall pay the city a special connection charge as set by resolution. The aforesaid fees and charges shall be in addition to the other fees and charges provided for in this chapter. The special connection charge shall be paid only once with respect to said property; the lot facing the water main to which the person wishes to connect. Such connection charge shall be paid to the city at the time the application is filed.

(Prior Code, § 52.127) (Ord. 2696, passed 3-3-1980; Ord. 03-40, passed 11-17-2003)

§ 52.138 CONNECTION OUTSIDE CITY LIMITS; SPECIAL CONNECTION CHARGE.

   (A)   A special connection charge as set by resolution shall be paid to the city before any person or party shall make a connection to the public water system of the city outside the corporate limits of the city. This special connection charge shall be in addition to any other fees and charges provided for in this chapter and shall be applicable to each and every connection to the water system of the city outside the corporate limits of the city.

   (B)   Applicants for water shall be charged for expenses of tapping and for all service pipe and trenching from the main to which the applicant’s connection is to be made.

   (C)   (1)   If the connection is to be made to any water main or mains which have been laid and constructed in a water district or water extension district of the city wherein special assessments have been levied upon the property in the district to pay all or any part of the cost of construction, and the property to which the connection is made has not been assessed in the district, or if the connection is to be made to any water main or mains or laid or constructed by the city without the levying of any special assessments for the construction thereof, the person desiring the connection shall pay the city a special connection charge as set by resolution. The fees and charges shall be in addition to the other fees and charges provided for in this chapter. The special connection charge shall be paid only once with respect to the property.

      (2)   For the purposes of this section, FRONT FOOTAGE OF THE LOT is determined as the portion of the lot facing the water main to which the person wishes to connect. The connection charge shall be paid to the city at the time the application is filed.

(Prior Code, § 52.128) (Ord. 94-50, passed 9-6-1994; Ord. 03-40, passed 11-17-2003)

WATER WELLS

§ 52.150 WATER SYSTEM ENCROACHMENT.

   (A)   Purpose. The purpose of this section is to meet the requirements of § 1428 of the 1986 amendments to the Federal Safe Drinking Water Act, being 42 U.S.C. §§ 300f et seq., as adopted and implemented by Neb. Rev. Stat. §§ 71-5301 through 71-5313, which shall be known and may be cited as the Nebraska Safe Drinking Water Act and by the Nebraska Department of Health and Human Services, Rules and Regulations, Title 179, Ch. 22-005, Item 5, which require the city to identify risks of contamination potentially impacting city wells, to reduce or eliminate those risks and develop an enforceable means to prevent encroachment to the water system and its components.

   (B)   Drilling and operation of wells without well registration. It shall be unlawful for any person, corporation or other legal entity to drill or operate a well within the zoning limits of the city without providing a copy of the proper water well registration form from the Nebraska Department of Natural Resources to the Director of Public Works.

   (C)   Procedure to register wells. In order to properly register the operation of any well, the owner of the property on which the proposed well is to be located or the Nebraska-licensed well driller performing the service must provide a copy of the Nebraska Department of Natural Resources water well registration form to the Director of Public Works, when filed with the Nebraska Department of Natural Resources, but no later than 30 days following activation.

   (D)   Drilling or installation of water wells within designated distance from municipal water sources, prohibited. Under no circumstances shall any person, corporation or legal entity drill, install or operate a well within the regulated set back requirements from any city municipal water well, in accordance with the Nebraska Department of Health and Human Services Title 179 NAC 7.

Category	Distance
Absorption or disposal field for waste	500 feet
Cesspool	500 feet
Chemical or petroleum product storage	500 feet
Corral	500 feet
Dump	500 feet
Feedlot or feedlot runoff	500 feet
Non-potable water well	1,000 feet
Pit toilet	500 feet
Sanitary landfill	500 feet
Sanitary sewer connection	100 feet
Sanitary sewer line	50 feet
Sanitary sewer line (permanently watertight)	10 feet
Sanitary sewer manhole	100 feet
Septic tank	500 feet
Sewage treatment plant	500 feet
Sewage lagoon	1,000 feet
Sewage wet well	500 feet

 

   (E)   Abatement procedure and penalties. In the event any well is drilled, installed or operated without providing the well registration form to the city when filed with the Nebraska Department of Natural Resources, or within the designated set back requirements from any municipal water supply well, then such facilities shall be deemed a nuisance and the governing body shall abate such facility as a public nuisance. Any person violating any of the terms of this section is hereby subject to the procedures and penalties of Chapter 92 of this code of ordinances.

(Prior Code, § 52.130) (Ord. 10-04, passed 3-1-2010; Ord. 10-15, passed 6-21-2010) Penalty, see § 52.999

INSTITUTIONAL CONTROL AREA

§ 52.165 CONTAMINATED GROUNDWATER; FINDINGS AND INTENT.

   (A)   The City Council finds and determines that certain contaminants have, for many years, existed in certain areas of the groundwater in and near the city, and that certain legislation is necessary and appropriate for the purpose of supplementing the various measures undertaken by the city and others, aimed at reducing or eliminating the possibility that humans will come into contact with such contaminants.

   (B)   It is the intention of the city that existing water wells within the area where contaminated groundwater exists, which area shall be hereafter known as the city’s institutional control area, shall be allowed to remain in existence only if reasonable safeguards are implemented so that there is no reasonable likelihood of human contact with the contaminants in the groundwater.

   (C)   It is the intention of the city that owners of existing water wells (i.e., domestic, irrigation and the like) within the area where contaminated groundwater exists shall be notified that such condition exists and imposes a potential health risk.

   (D)   It is also the intention of the city that no new water wells shall be installed within the city’s institutional control area.

(Prior Code, § 52.141)

§ 52.166 CONNECTION TO PUBLIC WATER SYSTEM REQUIRED; DOMESTIC WATER WELLS ALLOWED UNDER CERTAIN CIRCUMSTANCES.

   (A)   It shall be unlawful to operate or maintain any domestic water well within the city’s institutional control area, except as provided hereinafter.

   (B)   Any existing drinking water well within the city’s institutional control area on the effective date of this subchapter may remain in use so long as the water, either at the wellhead, or after point of use treatment, meets the drinking water standards established by Title 179, Neb. Admin. Code, Ch. 2, § 002.

   (C)   Any existing drinking water well within the city’s institutional control area shall be exempt from the requirement to connect to a public water supply main so long as the well is operable. At such time as replacement of such well is necessary, or ownership of said property is sold, the property shall become subject to this section, and the property owner shall make the application to the city for connection to the public water supply.

   (D)   The city shall not issue a building permit for any new structure within the city’s institutional control area until it is satisfied that the water service to such structure will be connected to the public water supply.

   (E)   All point of use treatment devices shall be installed and maintained at the expense of the property owner; provided, that nothing herein shall prevent the property owner from pursuing damages or other relief from any party responsible for contamination of groundwater available to the property owner.

(Prior Code, § 52.142) Penalty, see § 52.999