(A) Designation.
(1) Neb. RS 17-536 provides that a village has power to prevent pollution up to 15 miles beyond its corporate limits.
(2) The municipal water wells of the Village of Marquette, Nebraska, and the site for future municipal water well, are located within the corporate limits of the village or within one mile of the village boundaries, and specifically within the following described parcel of real estate, to-wit:
The Southwest Quarter of the Northeast Quarter, the South One Half of the Northwest Quarter, the Southwest Quarter and the West One Half of the Southeast Quarter of Section 16, the Western One Half of the Northeast Quarter and all of the Northwest Quarter of Section 21, the Northeast Quarter and the West One Half of the Northwest Quarter of Section 17 and the Southeast Quarter of Section 17 Township 12 North, Range 06 West of the 6 PM in Hamilton County, Nebraska.
(3) The village has developed a Wellhead Protection Area consisting of the following area in which there exists the need for regulations regarding the location of existing and future potential sources of pollution or injury to the public water supply of the village:
Commencing at a point on the Southwest corner of the Northwest Quarter of Section 16, T12N, R06W of the 6th PM in Hamilton County, Nebraska; (also being the centerline of NP Road) thence northerly approximately 1320 feet to the northwest corner of the Southwest Quarter of the Northwest Quarter of said Section, thence turning easterly approximately 3960 feet to the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section. Thence turning southerly approximately 6600 feet to the southeast corner of West One Half of the Northeast Quarter of Section 21, T12N, R06W of the 6th PM in Hamilton County, Nebraska, thence westerly approximately 7920 feet to the southwest corner of the East One Half of the Northwest Quarter of Section 20, T12N, R06W of the 6th PM in Hamilton County, Nebraska, thence turning northerly approximately 2640 feet to the northeast corner of East One Half of the Northwest Quarter of said section, thence turning westerly approximately 1320 feet to a point that is the Southwest corner of the Southeast Quarter of Section 17, T12N, R06W of the 6th PM in Hamilton County, Nebraska, Thence turning Northerly approximately 2640 feet to the Northwest corner of the Southeast Quarter of said section. Thence turning easterly approximately 2640 feet to the Southwest corner of the Northwest Quarter of Section 16 of T12N, R06W of the 6th PM in Hamilton County, Nebraska. This point being the point of beginning and containing all the lands within these boundaries of this wellhead area.
(B) Definition. For purposes of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
WATER WELL. Any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing
the geothermal properties of the ground or extracting water from or injecting water into the underground water.
(C) It shall be unlawful for any person to place, 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:
(1) Drilling and operation of wells and other underground facilities or contaminating facilities without a lawful permit. All facilities existing on the effective date of enactment shall be exempt from the requirements of this division, subject to the conditions set out in division (F) below.
(2) (a) The Manual of Water Well Construction Practices, published by the United States Environmental Protection Agency, Office of Water Supply, and Recommended Standards for Water Works, 1987 Edition, published by the Great Lakes-Upper Mississippi River Board of state Sanitary Engineers, adopted by the Nebraska Department of Health, Title 179, Chapter 2, Attachment 1, set these guidelines for water system design. The minimum recommended horizontal distance in feet separating the municipal water well from potential sources of contamination should be as described below.
(b) All water wells, including, but not limited to:
Domestic supply wells, irrigation wells, stock wells, sand point wells, and heat pump wells 1,000 feet
Sewage lagoon 1,000 feet
Absorption or disposal field for water 500 feet
Cesspool 500 feet
Septic tank 500 feet
Dumping ground 500 feet
Feedlot or feedlot runoff 500 feet
Livestock corral or barn 500 feet
Chemical product storage facility 500 feet
Petroleum product storage facility 500 feet
Pit toilet 500 feet
Sanitary landfill 500 feet
Sewage treatment plant 500 feet
Sewage wet well 500 feet
Sanitary sewer connection 100 feet
Sanitary sewer manhole 100 feet
Sanitary sewer line 50 feet
Sanitary sewer line (permanently water tight) 10 feet
(3) Procedure to obtain permit. Should any person, corporation or other legal entity desire to obtain a permit to drill and/or operate any of the facilities described in division (C)(2)(b) above, the owner of real property on which the proposed facility is to be located must complete and submit an application to the Village Clerk.
(D) The placing, construction or replacing of any structure or activity as set forth in division (C) above shall not be permitted after the effective date of this section, unless a permit approved by the Village Board of Trustees has been obtained.
(E) The Chairperson and Board of Trustees may approve the placement, construction or replacement of a structure or activity listed in division (C) above within the Wellhead Protection Area only if the Board determines that such placement, construction or replacement will not cause contaminants to enter the public water supply.
(F) Structures or activities listed in division (C) above in existence in the Wellhead Protection Area as of the effective date of this section shall continue to be permitted, unless such continued existence or use is determined by the members of the Village Board to present a hazard to the quality or quantity of the public water supply. If the Board determines that such activity or structure presents such a hazard, then the Board shall authorize the Chairperson to notify the owner of the structure or activity listed in division (C) above to cease and desist said structure or activity. If said owner does not cease and desist said structure or activity pursuant to said notice, the Chairperson may proceed pursuant to division (G) below against said owner and /or the structure or activity.
(G) Any person found in violation of any provision of this section shall be subject to a fine, not to exceed $100. The continuation of a violation of this section shall be deemed an additional offense for every 24 hours of such continued violation. In addition, the village may obtain injunctive relief and/or sue for damages and remediation, and/or pursue any other remedy available to it under the laws of the State of Nebraska or other authority having jurisdiction over such matters.
(Ord. 345-0005, passed 5-4-2005)