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(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
INSTITUTIONAL CONTROL AREA
(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)
(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
The controls described herein shall apply within the bounds of the city’s institutional control area, which boundaries are hereby defined as follows: An area bounded by Mahood Drive/24th Street on the north, Loup River on the south, 33rd Avenue on the west and 16th Avenue on the east.
(Prior Code, § 52.143)
Within 60 days after the effective date of this subchapter, all existing water wells within the city’s institutional control area, other than public water supply wells and EPA or state-approved monitoring or response action wells, shall be in compliance with this subchapter and registered and in the office of the Public Works Department. There shall be no fee for registering an existing well.
(Prior Code, § 52.144) Penalty, see § 52.999
The following information shall be furnished in connection with registering all existing water wells within the city’s institutional control area on the effective date of this subchapter:
(A) The name and address of the person owning the real estate upon which the well is located;
(B) The address and legal description of the property on which the well is located;
(C) The address of all properties being served by groundwater pumped from the well;
(D) A description of the uses of the water pumped from the well. The application shall state whether the groundwater is being, or will be, used for human consumption including, but not limited to, drinking, cooking, washing or other household uses;
(E) The location of the nearest public water main to the property served by the well;
(F) The depth of the well; and
(G) An accurate diagram showing the location of the well in respect to the boundaries of the property, the nearest street, road or highway intersection and any on-site septic or waste disposal system.
(Prior Code, § 52.145) Penalty, see § 52.999
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