(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 |
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