(A) It shall be unlawful to place, maintain, construct or otherwise have any of the following structures or activities within the distance specified below from an existing city well.
Category | Distance |
Category | Distance |
Absorption or disposal field for waste | 500 ft. |
All water wells | 1,000 ft. |
Cesspool | 500 ft. |
Chemical storage | 500 ft. |
Corral | 500 ft. |
Dump | 500 ft. |
Feedlot or feedlot runoff | 500 ft. |
Petroleum storage | 500 ft. |
Pit toilet | 500 ft. |
Sanitary landfill | 500 ft. |
Septic tank | 500 ft. |
Sewage lagoon | 1,000 ft. |
Sewage treatment plant | 500 ft. |
Sewage wet well | 500 ft. |
(B) The City Council may consider locations at a closer proximity than the minimum distances above. Approval for such location may be given when circumstances require such a location and when the applicant demonstrates to the City Council that such a location will not constitute a pollution hazard to the city water supply. Before the City Council may consider such a request, the applicant must ensure present and future compliance with all State Department of Health and Department of Water Resources regulations.
(C) The placement of a water well in the city or within 1,000 feet of the corporate limits of the city is prohibited, unless the owner of the property upon which the water well is to be placed first obtains the written permission of the City Council. Permission of the City Council shall not be required if the well is required by a federal or state governmental agency; provided that, application is made to and permission is granted by the city’s Water Commissioner prior to placement of any such well. The city’s Water Commissioner shall have the authority to grant permission for the placement of a water well in an emergency situation; provided that, the matter shall be submitted to the City Council for approval as soon as possible following approval by the Water Commissioner.
(D) Wells in existence and in use as of 11-20-1991 shall continue to be permitted unless such continued existence or use presents a hazard to the quality or quantity of drinking water available for public use. The owner of any well shall have the burden of establishing the existence and use of such well at the time of the effective date of this section to the satisfaction of the City Council.
(1976 Code, § 3-126) (Ord. 1046, passed 11-20-1991; Ord. 1047, passed 1-20-1992; Ord. 1094, passed 8-9-1993)