(A) Definitions. Words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application. Definitions set forth in Sherman County Zoning Regulations should be used when there exists uncertainty in the interpretation of the rules and regulations established by this section.
(B) It shall be unlawful for any person to place, install, construct or replace any of the following structures or conduct any of the following activities within the Wellhead Protection Area, except as may be provided herein. Specifically:
(1) All water wells;
(2) Non-potable water well;
(3) Sewage lagoon;
(4) Sanitary landfill;
(5) Pit toilet;
(6) Chemical or petroleum storage;
(7) Lawn and garden recycling compost;
(8) Fertilizer and pesticide storage;
(9) Septic tank (GPD exceeding 1,000);
(10) Sewage treatment plant;
(11) Sewage wet well;
(12) Absorption or disposal field for waste;
(13) Cesspool (illegal anywhere);
(14) Dump;
(15) Livestock confinement facilities/operation;
(16) Livestock corral;
(17) Septic tank;
(18) Sanitary sewer connection;
(19) Sanitary sewer manhole;
(20) Sanitary sewer line;
(21) Sanitary sewer line (permanently water tight).
(C) The placing, installing, constructing or replacing of any structure or activity as set forth in division (B), hereinafter termed "wellhead structure or activity" within the Wellhead Protection Area shall not be permitted after the effective date of this section unless a permit approved by the Wellhead Protection Administrator has been obtained. The owner of any wellhead structure or activity shall have the burden of establishing the existence and use of the wellhead structure or activity at the time of the effective date of this section.
(D) (1) No permit shall be issued by the Wellhead Protection Administrator within the following setback distance from any City of Loup City municipal water well:
Activity | Minimum Distance From Public Water Supply (measured in feet) |
Activity | Minimum Distance From Public Water Supply (measured in feet) |
All water wells | 1,000 |
Non-potable water well | 1,000 |
Sewage lagoon | 1,000 |
Sanitary landfill | 1,000 |
Pit toilet | 1,000 |
Chemical or petroleum storage | 1,000 |
Lawn and garden recycling compost | 1,000 |
Fertilizer and pesticide storage | 1,000 |
Septic tank (GPD exceeding 1,000) | 1,000 |
Sewage treatment plant | 500 |
Sewage wet well | 500 |
Absorption or disposal field for waste | 500 |
Cesspool (illegal anywhere) | 500 |
Dump | 500 |
Livestock confinement facilities/operation | 500 |
Livestock corral | 500 |
Septic tank | 500 |
Sanitary sewer connection | 100 |
Sanitary sewer manhole | 100 |
Sanitary sewer line | 50 |
Sanitary sewer line - permanently water tight | 10 |
(2) Any activity described above located within the defined setback distance shall be considered prima facie a hazard to the quality of the municipal water supply.
(E) The City Council of the City of Loup City, Nebraska shall be responsible for the implementation and enforcement of the rules and regulations established by this section and shall consider all applications filed pursuant hereto. All applications shall be approved or rejected by roll call vote. The City Council shall designate one of its employees as Wellhead Protection Administrator, which employee shall be charged with administration of the rules and regulations.
(F) Any wellhead structure or activity not prohibited by division (D) above, shall be allowed upon determination by the City Council that such activity does not constitute a hazard or threat to the quality of the municipal water supply and upon issuance of a permit by the Wellhead Protection Administrator.
(G) Prior to placing, installing, constructing, expanding or replacing any wellhead structure or activity, the owner of the real estate upon which the structure or activity is proposed shall file with the Wellhead Protection Administrator an application for a wellhead structure or activity permit. The application shall be on a form furnished by the Wellhead Protection Administrator and shall include supporting information indicating why approval would not adversely impact the city's municipal water supply. The Wellhead Protection Administrator shall thereafter submit the application to the City Council for consideration. Prior to acting upon such application, the City Council may seek an engineering report, recommendations of the Lower Loup Natural District, the Nebraska Department of Environmental Quality or any other party or agency in evaluating the impact of the proposed structure or activity on the municipal water supply. A permit shall be issued if the City Council determines that the structure or activity is unlikely to contaminate or pollute the water supply.
(H) Wellhead structures or activities in existence and use in the Wellhead Protection Area as of the effective date of this section shall continue to be permitted unless such continued existence or use, in the opinion of the City Council of the City of Loup City, presents a hazard to the quality of the municipal water supply. If the City Council determines that an existing wellhead structure or activity presents a hazard, the City Council shall authorize the Wellhead Protection Administrator to notify the owner of the structure or activity to cease and desist the structure or activity. If the owner of the wellhead structure or activity desires to continue operation of the structure or activity, the owner may seek to procure a permit pursuant to this section. If the owner does not cease and desist pursuant to such notice, the Wellhead Protection Administrator may proceed pursuant to division (I) of this section against the owner and/or the wellhead structure or activity.
(I) Any person found violating any provision of this section shall be subject to a fine not to exceed $500. The continuation of a violation of this section shall be deemed an additional crime for every 24 house of such continued violation. In addition the city may obtain injunctive relief and sue for damages and remediation, and pursue any other remedy available to it under the laws of the State of Nebraska or other authority having jurisdiction over such matters.
(Ord. 713, passed 2-4-2014)