(A) Permit required. From and after the effective date of this section, it shall be unlawful for any person, corporation or other legal entity to drill and/or operate any of the following facilities within the corporate limits of the village without first having obtained the proper permit from the governing body: Potable water well; any other well; sewage lagoon; absorption or disposal field for water; cesspool; dumping grounds; feedlots; livestock pasture or corral; chemical product storage facility; petroleum product storage facility; pit toilet; sanitary, landfill; septic tank; sewage treatment plant; sewage wet well.
(B) Procedure to obtain permit. In order to obtain a permit to drill and/or operate any of the facilities listed in division (A) above, the owner of the property on which the proposed facility is to be located must make application on the proper form provided by the governing body of the village. Such application must be presented to the Village Board of Trustees at any regular or special meeting. After reviewing the application of any person desiring to drill or operate any of the above described facilities, the Village Board of Trustees shall approve or deny said permit.
(C) Designated distance from municipal water sources. Under no circumstances shall the Village Board of Trustees approve any permit to drill or operate any of the below described facilities within the indicated number of feet from any municipal water well:
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 | 100 feet |
Sanitary sewer line (permanently watertight) | 10 feet |
Sanitary sewer manhole | 100 feet |
Septic tank | 500 feet |
Sewage lagoon | 1,000 feet |
Sewage treatment plant | 500 feet |
Sewage wet well | 500 feet |
(D) Penalties and abatement procedure. In the event any of the above described facilities are installed or operated without first having obtained a permit from the village and/or within the designated number of feet from any municipal water supply, then such facilities shall be deemed a nuisance and the governing body shall abate such facility as a public nuisance. In addition thereto, any person violating any of the terms of this section is hereby determined to be guilty of a Class 3 misdemeanor as the same is defined by state statute. The penalty for such violation shall be that as defined by state law for the violation of a Class 3 misdemeanor.
(Prior Code, § 3-127) (Ord. 02-20, 10-4-2002) Penalty, see § 10.99