94.03 EXISTING USES.

The use of structures or facilities existing at the time of the adoption of the ordinance codified in this chapter may be continued even though such use may not conform with the regulations of this chapter. However, such structure or facility may not be enlarged, extended, reconstructed or substituted subsequent to adoption of said ordinance unless an exemption is granted by the City Council.

94.04 INSPECTIONS.

1.   The wellhead protection officer or inspector shall have the power and authority to enter and inspect all buildings, structures and land field zones of influence for the purpose of making an inspection. Failure of a person having common authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the protection officer to inspect such premises.

2.   In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the officer or inspector may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection thereof.

3.   The wellhead protection officer or inspector may inspect each well field annually and shall maintain an inventory, if applicable, of all hazardous substances which exist in each well field zone. An emergency plan shall be prepared and filed with the County Emergency Management Agency indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled materials.

4.   It shall be the duty of all law enforcement officers to assist in making inspection when such assistance is required by the officer or inspector.

94.05 TRANSFER OF PROPERTY.

The City requires that all abandoned wells and cisterns be properly sealed prior to finalization of property sales or transfers within the corporate limits of the City.

94.06 BUILDING PERMIT ISSUANCE.

No building permits shall be issued which are a violation of this chapter or a source of contamination for a City well, and no building permits shall be issued which are a violation of the Iowa DNR Separation Distances From Wells.

94.07 CITY ACTION FOR INJUNCTIVE RELIEF.

If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances within the wellhead protection zones as indicated on the wellhead protection zone maps, continues to operate in violation of the provisions of this chapter, then the City may file an action for injunctive relief in the court of jurisdiction. This section is not intended to limit the remedies available to the City.

94.08 NOTICE OF VIOLATION.

Whenever an officer or an inspector determines that there is a violation of this chapter, said officer or inspector shall give notice thereof, which notice shall:

1.   Be in writing;

2.   Be dated and signed by the officer or inspector;

3.   Specify the violation or violations;

4.   State that the violation(s) shall be corrected within a specified period of time as issued in writing by the inspector.

94.09 WELLHEAD PROTECTION OFFICER DESIGNATED.

The Water Superintendent is designated as the wellhead protection officer unless another person is specifically designated by the Council to supervise the implementation and enforcement of this chapter.

TABLE A: SEPARATION DISTANCES

SOURCE OF CONTAMINATION	REQUIRED MINIMUM DISTANCE FROM WELL, IN FEET
	Deep Well 1	Shallow Well 1
WASTEWATER STRUCTURES:
Point of Discharge to Ground Surface
Sanitary & industrial discharges	400	400
Water treatment plant wastes	50	50
Well house floor drains	5	5
Sewers & Drains 2
Sanitary & storm sewers, drains	0 - 25 feet: prohibited 25 - 75 feet if water main pipe 75 - 200 feet if sanitary sewer pipe	0 - 25 feet: prohibited 25 - 75 feet if water main pipe 75 - 200 feet if sanitary sewer main pipe
Sewer force mains	0 - 75 feet: prohibited 75 - 400 feet if water main pipe 400 - 1000 feet if water main or sanitary sewer pipe	0 - 75 feet: prohibited 75 - 400 feet if water main pipe 400 - 1000 feet if water main or sanitary sewer main pipe
Water plant treatment process wastes that are treated onsite	0 - 5 feet: prohibited 5 - 50 feet if sanitary sewer pipe	0 - 5 feet: prohibited 5 - 50 feet if sanitary sewer main pipe
Water plant wastes to sanitary sewer	0 - 25 feet: prohibited 25 - 75 feet if water main pipe 75 - 200 feet if sanitary sewer pipe	0 - 25 feet: prohibited 25 - 75 feet if water main pipe 75 - 200 feet if sanitary sewer main pipe
Well house floor drains to sewers	0 - 25 feet: prohibited 25 - 75 feet if water main pipe 75 - 200 feet if sanitary sewer pipe	0 - 25 feet: prohibited 25 - 75 feet if water main pipe 75 - 200 feet if sanitary sewer main pipe
Well house floor drains to surface	0 - 5 feet: prohibited 5 - 50 feet if sanitary sewer pipe	0 - 5 feet: prohibited 5 - 50 feet if sanitary sewer main pipe
Land Disposal of Treated Wastes
Irrigation of wastewater	200	400
Land application of solid wastes 3	200	400
Other
Cesspools & earth pit privies	200	400
Concrete vaults & septic tanks	100	200
Lagoons	400	1000
Mechanical wastewater treatment plants	200	400
Soil absorption fields	200	400
CHEMICALS:
Chemical application to ground surface	100	200
Chemical & mineral storage above ground	100	200
Chemical & mineral storage on or under ground	200	400
Transmission pipelines (such as fertilizer, liquid petroleum, or anhydrous ammonia)	200	400
ANIMALS:
Animal pasturage	50	50
Animal enclosure	200	400
Earthen silage storage trench or pit	100	200
Animal Wastes
Land application of liquid or slurry	200	400
Land application of solids	200	400
Solids stockpile	200	400
Storage basin or lagoon	400	1000
Storage tank	200	400
MISCELLANEOUS:
Basements, pits, sumps	10	10
Cemeteries	200	200
Cisterns	50	100
Flowing streams or other surface water bodies	50	50
Railroads	100	200
Private wells	200	400
Solid waste landfills and disposal sites 4	1000	1000

1 Deep and shallow wells, as defined in 567-40.2(455B): A deep well is a well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at least 5 feet thick located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn. A shallow well is a well located and constructed in such a manner that there is not a continuous layer of low permeability soil or rock (or equivalent retarding mechanism acceptable to the department) at least 5 feet thick, the top of which is located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn.
2 The separation distances are dependent upon two factors: the type of piping that is in the existing sewer or drain, as noted in the table, and that the piping was properly installed in accordance with the standards.
3 Solid wastes are those derived from the treatment of water or wastewater. Certain types of solid wastes from water treatment processes may be land-applied within the separation distance on an individual, case-by-case basis.
4 Solid waste means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities.