The intent of this chapter is to establish control by the City
of Papillion over the location of future potential sources of contamination
within the City's zoning jurisdiction, so as to prevent or minimize
any hazard to the safety of the City's drinking water. It will
also allow for a commitment to prudent City-wide use of water and
water conservation and help the City of Papillion prevent wells from
becoming a nuisance. The City recognizes and declares that groundwater
conservation and information as to the use of wells and groundwater
within the City's zoning jurisdiction are essential to the well-being
of the public.
For the purposes of this chapter, the following words shall
have the following meanings:
COMMUNITY WELL SYSTEM
A.
A public well system that:
(1)
Provides potable water to at least 15 service connections used
by year-round residents of the area served by the system or regularly
provides potable water to at least 25 year-round residents.
(2)
Has an approved permitted public water system number by the
Nebraska Department of Health and Human Services; and
B.
The public water system number must have an active status and
be in good standing with the State of Nebraska and any other local,
state, or federal agencies which may have jurisdiction over the system
or the water being delivered by the system.
DECOMMISSION
The act of filling, sealing, and plugging a water well in
accordance with Title 178 NAC 12.
ILLEGAL WATER WELL
Any water well which has not been properly decommissioned
and which meets any of the following conditions:
A.
The water well is in such a condition that it cannot be placed
in active or inactive status;
B.
Any necessary operating equipment has been removed and the water
well has not been placed in inactive status;
C.
The water well is in such a state of disrepair that continued
use for the purpose for which it was constructed is impractical;
D.
The water well was constructed after October 1, 1986, but not
constructed by a licensed water well contractor or by an individual
on land owned by him/her and used by him/her for farming, ranching,
or agriculture purposes or at his/her place of abode;
E.
The water well poses a health or safety hazard;
F.
The water well is an illegal well in accordance with Neb. R.R.S.
§ 46-706;
G.
The water well was constructed after October 1, 1986, and such
well is not in compliance with the standards developed under the Water
Well Standards and Contractors' Licensing Act; or
H.
The water well was not permitted or previously approved by the
Papillion City Council prior to its construction, unless drilled prior
to the adoption of this chapter.
OWNER
The person vested with the ownership, dominion, equitable
or legal title to property, or a trustee under a deed of trust or
similar instrument. It shall also include those persons who have a
right to enjoy and use the property, as far as the law permits, unless
prevented by agreement or covenant which restrains such right.
PERSON
Any individual; partnership; limited-liability company; association,
public or private corporation; trustee; receiver; assignee; agent;
municipality or other governmental subdivision; public agency; other
legal entity; or any officer or governing or managing body of any
public or private corporation, municipality, governmental subdivision,
public agency, or other legal entity.
POTABLE USE
Water that is suitable for human consumption.
PREMISES
An occupied or unoccupied residence or any building which
requires a potable water supply.
REPAIR
Any change, replacement or other alteration of any water
well, pump, or pumping equipment or any other activity which requires
a breaking or opening of the well seal or piping, except for purposes
of disinfection or for replacing the seal or for replacing external
electrical conduit by a licensed water well contractor or licensed
pump installation contractor as defined in Title 178 NAC 10, or for
other purposes by a state electrical inspector as defined in Neb.
R.R.S. § 46-1233 in the course of his employment.
TITLE 178 NAC 10
The Nebraska Administrative Code Title 178 Chapter 10 Nebraska
Department of Health and Human Services Title 178 Environmental Health
Chapter 10 - Licensure Under the Water Well Standards and Contractors'
Practice Act).
TITLE 178 NAC 12
The Nebraska Administrative Code Title 178 Chapter 12 Nebraska
Department of Health and Human Services Title 178 Environmental Health
Chapter 12 - Water Well Construction, Pump Installation and Water
Well Decommissioning Standards).
TITLE 179 NAC 3
The Nebraska Administrative Code Title 179 Chapter 3 Nebraska
Department of Health and Human Services Title 179 Public Water Systems
Chapter 3 - Monitoring and Analytical Requirements).
UNSAFE WATER SAMPLE
A water sample which tests positive for coliform or Escherchia
coli (E. coli) bacteria, or exceeds 10 mg/l nitrate-nitrogen, or which
exceeds the maximum contaminant level (MCL) for any other contaminant
as established by the U.S. Environmental Protection Agency or Nebraska
Department of Health and Human Services for a public water supply
in Title 179 NAC 3.
WATER WELL
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed, and its pumps and pumping equipment,
for the purpose of exploring for groundwater, monitoring groundwater,
utilizing the geothermal properties of the ground, obtaining hydrogeologic
information, or extracting water from or injecting fluid as defined
in Neb. R.R.S. § 81-1502 into the undergroundwater reservoir.
"Water well" does not include any excavation made for obtaining or
prospecting for oil or natural gas, or for inserting media to repressure
oil or natural gas bearing formations regulated by the Nebraska Oil
and Gas Conservation Commission, dewatering wells, monitoring wells,
closed loop groundwater heat pump, or sump pumps within permanent
structures.
WATER WELL PERMIT
A written permit issued by the City Council of the City of
Papillion or its designee, as provided herein, permitting the construction,
repair, or maintenance of a water well or an on-site water supply
system.
It shall be unlawful to construct, repair, operate, or use any
of the following structures or conduct any of the following activities
within the distance specified below from an existing municipal water
well:
Category
|
Distance
(feet)
|
---|
Water well
|
1,000
|
Sewage lagoon
|
1,000
|
Cesspool
|
500
|
Dump
|
500
|
Feedlot or feedlot runoff
|
500
|
Corral
|
500
|
Chemical storage
|
500
|
Petroleum storage
|
500
|
Pit toilet
|
500
|
Sanitary landfill
|
500
|
Septic tank
|
500
|
Sewage treatment plant
|
500
|
Sewage wet well
|
500
|
Absorption or disposal field for waste
|
500
|
The City Council may consider allowing placement of water wells, as defined by Nebraska Regulations governing public water supply systems (Title 179, NAC2) and Nebraska Regulations governing water well construction, pump installation and water well abandonment standards (Title 178, NAC12), as amended from time to time, closer to a municipal water well than the limitations set forth in §
198-6 hereof. Closer placement shall be allowed only under the following conditions:
A. A variance application must first be filed with the City showing
the type of water well to be installed, the materials used, the operation
of the proposed unit, and the person responsible for the actual installation
of the water well. Preference for approval will be given to installations
that do not disturb any water-bearing strata.
B. The City shall refer the application to the City Engineer or designee
for evaluation and report. The estimated cost of the City Engineer's
or the designee's fees must be paid at the time of filing the
application. Any additional costs which are reasonably incurred by
the City Engineer or the designee in asking his or her examination
and report shall be paid by the applicant in addition to any previously
paid estimated costs.
C. The City Council shall consider the City 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
above defined, the City Council must act to conserve groundwater and
to prevent all sources of possible or likely water contamination.
D. If the City Council approves the installation, it shall submit the
application, together with the City Engineer's report, to the
Department of Health of the State of Nebraska for a final approval
or denial.
E. No installation shall be made without the approval of both the City
Council and the Department of Health of the State of Nebraska.
Water wells in existence and in use as of January 16, 2013,
shall be allowed to continue in use and in existence if it was previously
permitted by the City and registered with the State of Nebraska, or
such well was drilled prior to the adoption of this chapter, unless
such continued existence or use presents a hazard to the quality and
quantity of the drinking water available for public use. The owner
of any water well shall have the burden of establishing the prior
existence and use of such well.
Any person aggrieved by any final decision of the City or its
agents in the administration and enforcement of this chapter may appeal
such decision to the District Court as provided by state law.