[HISTORY: Adopted by the City Council of
the City of Papillion 2-4-2014 by Ord. No. 1684.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 198,
Water Wells and Wellhead Protection, adopted 8-6-1996 by Ord. No.
1225 (Ch. 3, Art. 4, § 3-426, of the 1990 Code), as amended.
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:
The Chief Building Official and agents or assistants.
A public well system that:
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.
Has an approved permitted public water system number by the
Nebraska Department of Health and Human Services; and
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.
The act of filling, sealing, and plugging a water well in
accordance with Title 178 NAC 12.
Water at or below the water table.
Any water well which has not been properly decommissioned
and which meets any of the following conditions:
The water well is in such a condition that it cannot be placed
in active or inactive status;
Any necessary operating equipment has been removed and the water
well has not been placed in inactive status;
The water well is in such a state of disrepair that continued
use for the purpose for which it was constructed is impractical;
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;
The water well poses a health or safety hazard;
The water well is an illegal well in accordance with Neb. R.R.S.
§ 46-706;
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;[1] or
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.
Water that is not intended for human consumption.
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.
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.
Water that is suitable for human consumption.
An occupied or unoccupied residence or any building which
requires a potable water supply.
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.
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).
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).
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).
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.
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.
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.
[1]
Editor's Note: See Neb. R.R.S. § 46-1201 et seq.
A.
It shall be unlawful to construct, repair, operate, or use within
the zoning jurisdiction of the City a water well without obtaining
a water well permit. It shall be unlawful to construct or use a water
well for potable and/or nonpotable uses within the zoning jurisdiction
of the City if a municipal water supply system is located within 1,
000 feet of any part of said premises on which water is required;
provided, however, that construction, repair, operation or use of
a water well for make-up recovery of an aesthetic water feature or
a replacement well for an existing community well system, which was
permitted by the City and registered with the State of Nebraska prior
to January 16, 2013, or drilled prior to the adoption of this chapter,
may be allowed by obtaining a water well permit from the City. Such
water well shall comply with the other provisions of this chapter
and with Title 178 NAC 12. A water well existing and permitted by
the City and registered with the State of Nebraska prior to January
16, 2013, or drilled prior to the adoption of this chapter may remain
in use, although such use does not conform to this section, as long
as it does not pose a health or safety hazard.
B.
Whenever the use of a water well becomes a nonconforming use through
a change in the corporate limits of the City, such use may be continued
if such water well is in substantial conformance with Title 178 NAC
12 and poses a minimal likelihood of degradation of groundwater or
risk to public health and a permit is obtained from the City Council.
C.
Discharge, recharge, or reinjection wells are prohibited except for
the disposal of water where only the temperature of the water has
been altered, provided that the maximum water temperature shall not
exceed 90º F. It shall be deemed a violation of this chapter
for any person to reinject or inject any chemically altered water
or hazardous substance of any kind into a water well or into or above
the groundwater aquifer, except for purposes of disinfection by a
licensed water well contractor or pump installation contractor as
defined in Title 178 NAC 10.
A.
No person except a licensed contractor or supervisor or a person
working directly under the supervision of a licensed contractor or
supervisor per Title 178 NAC 10 shall construct, repair, replace,
or decommission a water well, except that a state electrical inspector
may open a well seal in the course of his or her employment. All water
wells shall be constructed, repaired, replaced or commissioned in
accordance with Title 178 NAC 12. No person shall construct or replace
a water well within the City's zoning jurisdiction without obtaining
a water well permit. No person shall repair or decommission a water
well within the City's zoning jurisdiction without obtaining
a water well repair permit from the Building Department.
B.
Within 60 days following the construction of the water well, the
owner shall be required to have the water well inspected by the Building
Department. In the event the water well is not in substantial conformance
with Title 178 NAC 12, the water well shall be repaired within 30
days or the use of the water well shall be immediately discontinued
until the same is brought into compliance.
C.
Within 60 days following the repair of the water well, the owner
shall be required to have the water well inspected by the Building
Department. If the repaired water well is not in substantial conformance
with Title 178 NAC 12, the water well shall be brought into conformance
within 10 days or the use of the water well shall be immediately discontinued
until the same is brought into compliance. In the case of emergency
repairs, such repairs may be made without first obtaining the repair
permit; provided, however, that said permit shall be obtained within
10 days subsequent to such emergency repair.
D.
When a community well system replacement well or a makeup recovery
well is being constructed, the owner shall be required to install
and use a water usage metering system. The owner or a designated agent
of the community well system shall provide water usage meter logs
for the replacement well to the City on an annual basis to allow the
City to monitor groundwater usage and water conservation.
A.
Any person applying for a water well permit shall obtain forms from
the Building Department, which completed forms, together with the
permit fee, shall be filed with the Building Department. All water
wells that have not been previously permitted under this chapter must
be inspected before a water well permit will be issued. In the event
that such applicant's water well is not in substantial conformance
with Title 178 NAC 12 or with Title 179 NAC 3, such applicant shall
obtain a water well repair permit, if necessary, and cause such well
to be brought into compliance before use. Use of the water well, if
any, shall be immediately discontinued until the water well is brought
into compliance.
C.
All fees shall be credited to the Water Fund. No fees or portion
of fees shall be refunded, except for a refund approved by a majority
of City Council.
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.
A.
Any person decommissioning a well shall obtain a decommissioning
permit from the Building Department. The City Engineer shall be notified
prior to the decommissioning of any water well. All unused or illegal
water wells shall be properly decommissioned in accordance with Title
178 NAC 12.
B.
Whenever a water well has been determined by the City to be an illegal
well, improperly decommissioned, or discontinued for use and does
not have formal inactive status, the owner of such property upon which
such water well is located shall be notified by the City Engineer
to decommission such water well within 90 days. Upon failure of the
owner of the property upon which said water well is located to comply
within 90 days of such notice to decommission, the City Engineer or
its designee shall decommission such well, and the cost thereof shall
be assessed against the real estate. If the owner fails to reimburse
the City after being properly billed, the City Council shall have
the assessment certified to the County Treasurer and the same shall
be collected in the manner provided by law. In the event that the
property owner is a nonresident of the county in which the property
lies, the City shall, before levying any special assessment against
that property, send a copy of any notice required by law to be published
by means of certified mail, return receipt requested, to the last
known address of the nonresident owner. The last known address shall
be that address listed on the current tax rolls at the time such required
notice was first published.
A.
Whenever a water well is determined by the City Engineer or its designee
to have an unsafe water sample, pose a significant health or safety
hazard, pose a risk of groundwater contamination, or pose a risk of
significantly depleting groundwater supplies, the City Engineer or
its designee may issue a stop-use order, order the water well repaired,
require the water to be treated to reduce health or safety risks,
or order the water well to be decommissioned. Such notice shall be
served by certified or registered mail, or in person, to the last
known owner of the property. If the City Engineer orders the water
well to be decommissioned, such decommissioning must be completed
within 90 days.
B.
Upon failure of the owner to comply with such order, the City Engineer
may cause such water well to be repaired, treated, or decommissioned,
and the cost thereof shall be assessed against the real estate. If
the owner fails to reimburse the City after being properly billed,
the City Council shall have the assessment certified to the County
Treasurer and the same shall be collected in the manner provided by
law. In the event that the property owner is a nonresident of the
county in which the property lies, the City shall, before levying
any special assessment against that property, send a copy of any notice
required by law to be published by means of certified mail, return
receipt requested, to the last known address of the nonresident owner.
The last known address shall be that address listed on the current
tax rolls at the time such required notice was first published.
A.
The City or its designee shall investigate suspected violations of
this chapter. Whenever the City or its designee finds violations of
this chapter, the City or its designee may issue a notice of violation
specifying the corrective action to be taken and the time period within
which such action must be completed.
B.
Failure to correct the violations within the time period specified
shall be cause for an enforcement action by the City.
C.
Any person found violating any provision of this chapter shall be
subject to a fine not to exceed $ 500. The continuation of a violation
of this chapter shall be deemed an additional violation for every
24 hours of such continued violation. In addition, the City may obtain
injunctive relief and sue for damages and remediation and pursue any
other remedy available to it under the laws of the State of Nebraska
or other authority having jurisdiction over such matters.
D.
Any person who engages in or any person who employs or uses a person
who engages in the construction of water wells, the installation of
pumps and pumping equipment, or the decommissioning of water wells
without complying with the standards adopted by the City of Papillion
shall be guilty of a misdemeanor and subject to a fine not to exceed
$500 for each day a violation occurs and may be enjoined from continuing
such activity. Each day, or part thereof, on which a violation under
this chapter continues shall be a separate offense.
