(A) It shall be unlawful for any person or persons to drill any domestic, irrigation, industrial, or any well of any kind within 1,000 feet of a municipal water well.
(B) It shall be unlawful for any person or persons to drill or locate any domestic, irrigation, or industrial well outside of 1,000 feet of any other municipal, industrial, or irrigation well without first gaining a permit signed by the Water Commissioner.
(1) This application for registration of a well must be filed with the City Clerk/Treasurer and shall contain the following information:
(a) Location of the well;
(b) Depth and dynamics of the well;
(c) Use of the well;
(d) Source of pollutants in the immediate area of the well;
(e) Location of the well to make sure this well source did not become contaminated;
(f) Safeguards that the driller of the well intends to take to insure the water source does not contaminate any other residential or municipal water sources located within the community;
(g) All hydrologic data used in preparing the well;
(h) All engineers drawings and specifications;
(i) A list of all the other registered wells within the recharged area;
(j) 1. Sufficient hydrologic information to identify the extent and scope of the naturally occurring underground water storage; and
2. The hydrologic evaluation report shall include, but not be limited to the following:
a. A detailed description of each well proposed to be included under this permit; and (The description shall include the intended depth, screen and casing size, pump capacity, description of location, applicable well registration numbers, control and management area permit numbers.)
b. A narrative evaluating the geologic and hydrologic conditions of the well site and review area.
(k) Water table maps describing the water levels;
(l) A description of the actual proposed operation of the water project;
(m) Location of the proposed well in relation to sources of potential contamination including feedlots, oil and gas leaks, or underground storage facilities; and
(n) An environmental impact analysis. This analysis shall discuss the environmental impacts of the project.
(2) (a) Provided that the application itself does not show any potential for contamination and that adequate safeguards have been taken to make sure that there is no contamination of the residential or the municipal water sources, and provided that these same sources cannot be provided by the existing municipal water system, the Water Commissioner may approve the permit.
(b) In the event anyone attempts to draw a well, either within 1,000 feet of any other well or outside of the 1,000 foot area, but has not received a permit, shall, in addition to a fine, will be liable to have this drilling enjoined by action of the District Court and shall be subject to such injunction, in addition to the rights and remedies allowed by statute.
(C) (1) It shall be unlawful for any persons or person to drill a well in order to install a Geothermal Heat Pump (closed loop) heat system, without a permit. An applicant desiring the permit must first apply for a Geothermal Heat Pump Permit and obtain permission from the City Water Commissioner before drilling is permitted. The permit will be issue if the closed loop heat pump system has met the following criteria:
(a) Water wells constructed for a closed loop heat pump system shall not be located less than 100 feet from a public water supply well (Title 178, Chapter 12,010.02 Bla);
(b) Wells located between 100 and 600 feet from a public water supply well must pass a pressure test (Title 178, Chapter 12,010.02H);
(c) Applicant will be responsible for contacting the Digger's Hotline for dig permits;
(d) Applicant must provide the name and phone numbers for the licensed plumbers and well drillers involved in the installation of the geothermal heat pump;
(e) Antifreeze material or circulating fluids used in the system shall be food grade potassium acetate or food grade propylene glycol (Title 178, Chapter 12,010.0G);
(f) All construction practices must follow those set forth by Title 178, Chapter 12,010 Groundwater Heat Pump Wells;
(g) The geothermal well will be cataloged as a private well in the Wellhead Protection Act Inventory and will follow the guidelines set forth in said Act;
(h) The heat pump system will not be connected in any way to the municipal water supply; and
(i) The owner of the property on which the well is located will be responsible for maintaining the well in such a way as to prevent the future contamination of the municipal water supply. If the well fails it shall be properly repaired or material replaced or plugged as per State of Nebraska Guidelines.
(2) The application for registration of this geothermal heat pump well must be obtained for any one who wishes to drill a well within the city limits or within 1,000 feet of the municipal water well.
(3) In the event anyone attempts to drill a well within the city limits but has not received permit from the Water Commissioner, they shall, in addition to a fine, be liable to have the drilling enjoined by an action of the District Court and subject to such injunction in addition to any other rights and remedies provided by statute.
(`77 Code, §3-115) (Am. Ord. 1992-O-002, passed 2-3-92; Am. Ord. 1996-O-014, passed 6-3-96; Am. Ord. 2003-O-025, passed 10-6-03)
Penalty, see § 10.99