(A) The minimum distance separating the municipal water supply wells of the village from potential sources of contamination shall be as follows:
Category | Distance in Feet |
Category | Distance in Feet |
Absorption or disposal field for waste | 500 |
All water wells, including, but not limited to, domestic supply wells, irrigation wells, stock wells and heat pump wells | 1,000 |
Cesspool | 500 |
Chemical storage (dry or liquid) | 500 |
Corral or animal enclosure | 500 |
Dump | 1,000 |
Feed lot, feed lot runoff or animal waste disposal | 1,000 |
Land application of solid or liquid waste | 500 |
Petroleum storage | 500 |
Pit toilet | 500 |
Sanitary landfill | 1,000 |
Sanitary or industrial discharges | 500 |
Sanitary sewer connection | 100 |
Sanitary sewer line | 50 |
Sanitary sewer line (permanently watertight) | 10 |
Sanitary sewer manhole | 100 |
Septic tank | 500 |
Sewage lagoon | 1,000 |
Sewage treatment plant | 500 |
Sewage wet well | 500 |
(B) If the village or the State Department of Health determine that surface runoff or underground movement from potential sources of contamination may adversely affect the quality of water in a municipal water supply well, the distance separating these potential sources of contamination and the municipal water supply well shall be greater than the minimum distance listed in the above schedule, as determined by the village or the State Department of Health.
(C) Any person who intends to construct a potential source of contamination or enlarge an existing potential source of contamination shall file a written application for a permit with the Board of Trustees. The Board of Trustees may approve a permit which conforms to the distance requirements of this section; provided, however, if the Board of Trustees determines that the proposed construction poses a risk of contaminating a municipal water supply well, the Board of Trustees shall deny the permit. Appeal of the decision of the Board of Trustees shall be to the County District Court within 30 days of the decision of the Board of Trustees.
(D) The Board of Trustees may consider an application for potential sources of contamination which are proposed to be in closer proximity than the minimum distances listed above. The Board of Trustees may only approve such potential sources of contamination when there is no other reasonable location for the potential sources of contamination and when the Board of Trustees and the State Department of Health determine that such location will not constitute a pollution hazard to a municipal water supply well. The village shall be required to retain a professional engineer to provide a written report demonstrating that such location will not constitute a pollution hazard to a municipal water supply well. The cost of the professional engineer, including fees and estimated costs and expenses, shall be paid by the applicant prior to the commencement of the engineering report. The applicant may appeal the decision of the Board of Trustees by filing a notice of appeal with the County District Court within 30 days of the decision of the Board of Trustees.
(E) Fees for contamination source permits shall be established by resolution of the Board of Trustees.
(F) The provisions of this section shall apply to all land within the corporate limits of the village, and that portion of the unincorporated area within one mile of the corporate limits of the village, and within one-fourth mile of any municipal well of the village.
(G) The provisions of this section shall supersede any land use regulation which allows the installation of a potential source of contamination. Nothing in this section shall be construed to allow the installation of any potential source of contamination which is restricted or prohibited by any federal, state or local law, statute, regulation or ordinance.
(Prior Code, § 4-507) (Ord. 574, passed 7-24-2013)