(A) For the purpose 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, corralled, bored, washed, dug, driven, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal property of the ground or extracting water from or injecting water into the underground water. WATER WELL shall not include any excavation made for obtaining or prospecting for oils, natural gas, minerals, or products mined or quarried or inserting media to repressure oil or natural gas bearing formation.
(B) The intent of this section is to establish control by the village over the location of future potential sources of contamination within the village and the extraterritorial jurisdiction of the village’s drinking water system, so as to prevent or minimize any hazard to the safety of the village’s drinking water.
(C) (1) It shall be unlawful to place, maintain, construct, or replace any of the following structures or conduct any of the following activities within the distance specified below from any existing village water well, water storage tanks, or existing underground water mains.
Category
|
Distance
|
Category
|
Distance
|
Absorption or disposal | 500 feet |
Cesspool | 500 feet |
Chemical storage | 500 feet |
Corral | 500 feet |
Dump | 500 feet |
Feedlot or feedlot runoff | 500 feet |
Field for waste | 500 feet |
Petroleum storage | 500 feet |
Pit toilet | 500 feet |
Sanitary landfill | 500 feet |
Septic tank | 500 feet |
Sewage lagoon | 1,000 feet |
Sewage treatment plant | 500 feet |
Sewage wet well | 500 feet |
Water well | 1,000 feet |
Village water main | 500 feet |
(2) Wells which have been previously drilled shall not be used for potable water, but can only be used as sources for all non-potable water uses. The village can inspect all premises to determine that all wells are not being used for potable water. If the wells are used for potable water, the village shall have the right to disconnect any source which will attach to or could contaminate the village water system, and may also obtain an injunction and levy a fine against the customer.
(D) The construction of a water well, within the corporate limits or within one mile of the corporate limits of the village, shall not be started unless a permit approved by the Village Board has been obtained.
(E) (1) The Village Board may consider allowing placement of water wells as defined by the Nebraska Regulations governing public water supply systems (179 Neb. Admin. Code, Ch. 2) and Nebraska Regulations governing water well construction, pump installation, and water well abandonment standards (178 Neb. Admin. Code, Ch. 12), as amended from time to time, closer to a village water well than the limitations set forth herein. Closer placement shall be allowed only under the following conditions.
(a) The village shall refer the application to its engineer for evaluation and report. The estimated cost of the engineer’s fees must be paid at the time of filing the application. Any additional costs which are reasonably incurred by the engineer in making his or her examination and report shall be paid by the applicant in addition to any previously paid estimated costs.
(b) The Village Board shall consider the engineer’s report, and any additional information submitted by the applicant, in reaching its decision on whether to allow the placement of a water well, as defined in division (A) above. The Village Board must act to prevent all sources of possible or likely water contamination.
(2) If the Village Board approves the installation, it shall submit the application together with the engineer’s report to the Department of Health of the state for a final approval or denial. No installation shall be made without the approval of both the Village Board and Department of Health of the state.
(F) Water wells in existence and use shall continue to be permitted unless such continued existence or use presents a hazard to the quality of the drinking water available for public use to the village. The owner of any water well shall have the burden of establishing the existence and use of such well at the time of the effective date of the ordinance from which this subchapter is derived.
(Ord. 2008-4, passed 8-14-2008) Penalty, see § 10.99