(a) If any activity or regulated substance poses a risk to or may have a detrimental effect directly or indirectly upon the public water supply or wellfield or when deemed by the Water Superintendent to be the best method of managing the water utility, the Director is authorized to do any or all of the following:
(1) Require pollution or containment control and abatement;
(2) Require payment to cover the cost of monitoring, controlling or otherwise removing any such pollutant, contaminate or obstruction;
(3) Require development of compliance schedules to implement corrective actions;
(4) Require the installation of monitoring facilities, and the submission of reports sufficient to ascertain any threat or risk due to any regulated substance, pollutants or contaminates or other activities and to determine compliance status relative to this chapter;
(5) Carry out inspections, surveillance and monitoring on public or private property sufficient to determine compliance with this chapter;
(6) Pursue any actions that is legally available such as, administrative remedies or enforcement actions including, but not limited to injunctive relief, and penalties as specified in Section 928.99
(7) Require a person to pay the cost of enforcement where a person has been found to be in violation of this chapter. These costs may include, but are not limited to the recovery of all reasonable administrative and legal expenses related to the enforcement activity;
(8) Order cessation of any use or activity which may create hazards or may have deleterious effects on the water supply of facilities; or
(9) Issue orders establishing land use restrictions or rates of discharge or otherwise controlling the use of any regulated substance or pollutant to ensure compliance with this chapter;
(10) Order remedial actions.
(b) When considering the exercise of any of the above powers or actions, the Water Superintendent shall ensure that the city's public water supply is reasonably and adequately protected from contamination or obstruction for the present and the future. The Director may take into consideration any evidence presented by the entity regarding cost-effectiveness and the economic impact imposed by the requirements or action.
(c) No city officer, agency, employee or board shall approve, grant or issue any building permit, certificate of use and occupancy (including changes in ownership), plat, zoning, or conditional use, for any land use within a wellfield protection area until prior written approval of the Water Superintendent has been obtained. The issuance of any permit, license or other instrument in violation of this paragraph shall not relieve any person from compliance with this chapter.
(Ord. 175(14-15). Passed 11-6-14.)