(A) For the purpose of this section,
WATER WELL shall mean any excavation that is drilled, corralled, bored, washed, dug, driven, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal property of the ground, or extracting water from or injecting water into the underground water. WATER WELL shall not include any excavation made for obtaining or prospecting for oils, natural gas, minerals, or products mined or quarried or inserting media to repressure oil or natural gas bearing formation. The intent of this section is to establish control by the city over the location of future potential sources of contamination within the city and the extraterritorial jurisdiction of the city's drinking water system, so as to prevent or minimize any hazards to the safety of the city's drinking water.
(B) It shall be unlawful to place, maintain, construct, or replace any of the water wells in the city limits except for the purpose of geothermal property of ground through closed loop geothermal systems, which must be approved by permit.
(C) The construction of a geothermal closed loop within the corporate limits or construction of a water well within one mile of the corporate limits of the city shall not be started unless a permit approved by the Public Works Commissioner has been obtained. In addition, the property owner must obtain a zoning permit and comply with all setbacks and other zoning regulations related to the construction of the geothermal closed loop.
(D) The City Council may consider permits to allow placement of water wells within one mile of corporate limits and for closed-loop geothermal wells as under criteria defined by the Nebraska regulations governing public water supply systems (Title 179, NAC2) and Nebraska regulations governing water well construction, pump installation and water well abandonment standards (Title 178, NAC12), as amended from time to time. Placement shall be allowed only under the following conditions:
(1) The city shall refer the application to its engineer for evaluation and report. The estimated cost of the engineer's fees must be paid at the time of filing the application. Any additional costs which are reasonably incurred by the engineer in making his or her examination and report shall be paid by the applicant in addition to any previously paid estimated costs.
(2) (a) The City Council shall consider the engineer's report and any additional information submitted by the applicant. In reaching its decision on whether to allow the placement of a water well, as defined in division (A) above, the city must act to prevent all sources of possible or likely water contamination.
(b) If the City Council approves the installation, it shall submit the application together with the engineer's report to the Department of Health of the State of Nebraska for a final approval or denial. No installation shall be made without the approval of both the City Council and the Department of Health of the State of Nebraska.
(E) Water wells in existence and use shall continue to be permitted unless such continued existence or use presents a hazard to the quality of the drinking water available for public use to the city. The owner of any water well shall have the burden of establishing the existence and use of the well at the time of the effective date of this section.
(Ord. 557, passed 8-6-2002) Penalty, see § 10.99