The City may grant a temporary well permit when an emergency
is determined to exist for purposes other than lawn and garden irrigation.
In granting said permit, the City may establish conditions under which
said well is to be operated, including the purposes therefor, its
location, the period of time during which such well shall be operated,
conditions for the closing and capping of such well and such safety
requirements as the Council may provide and such other conditions
as may protect the health and welfare of the City. The application
for a temporary well permit shall give the same information as required
for a regular well permit and shall be accompanied by an application
fee as set from time to time by the City Council, no part of which
shall be refunded if the application is denied.
No cross-connections shall be allowed from a private well to
or from the City water system. It shall be the duty of the owner or
occupant of the property to give the Water/Wastewater Director free
access to the property at reasonable times for the purpose of making
a cross-connection inspection. If the Water/Wastewater Director is
denied entry to make said inspection, a judicial order for entry into
and onto the property shall be obtained. If the Water/Wastewater Director
of the City finds that a cross-connection exists, then he shall order
the use of the private well to be permanently discontinued. The owner,
tenant and lessee shall be liable severally and jointly for all damages
to the City water system and users of the City water system caused
by such cross-connection.
The City shall have power and authority to refuse to issue well
drilling permits if it appears that the plan of drilling and construction
is not sound, or the proposed driller does not have proper equipment,
or if it appears that such well may endanger, impair or in any way
interfere with the municipal public water system of the City.
The standards for wells in Title 178 of the Nebraska Administrative
Code are hereby adopted, and such minimum standards, including all
subsequent additions, amendments, supplements or appendices thereto,
are made a part of this article as fully as if set forth at length
herein. One copy of said minimum standards shall be placed on file
with the City Clerk, and any and all subsequent additions, amendments
or supplements or appendices thereto shall be placed on file with
the City Clerk.
All spigots or other connections to or from a private well shall
have a sign thereon stating that water is not safe for drinking, and
said sign shall be continually maintained visibly upon said private
well.
The owner or the occupant of the property upon which a private
well is located shall be responsible jointly and severally for all
water usage from said private well.
The City Council may order the discontinuance of the use of
a private well or wells where it has reason and cause to believe that
the public health is endangered, and for that purpose may revoke and
cancel any well permit or renewal of such permit after notice and
hearing. Such permit or renewal thereof may be revoked and canceled
by the City upon violation of any of the terms and provisions of this
article by the permittee or his successor in the interest to the property
upon which such well is located or its occupants, in and to any private
well, after notice and hearing.
The granting of a well permit or the renewal thereof to a permittee
or its successors in interest shall constitute consent and shall grant
consent by the permittee or any tenant thereon to and for the Water/Wastewater
Director of the City or his agents or employees to enter upon the
premises upon which the well is located in order to take any action
required by the Water/Wastewater Director by this article and to determine
whether or not there is any violation of this article by said well
or the use thereof.
Any person who violates the prohibitions or provisions of this
article shall be deemed guilty of a violation. The penalty for such
violation shall be an amount not to exceed $500 for any one offense,
recoverable with costs, and in default of said payment the offender
shall stand committed to the County Jail until such fine and costs
are paid. Each period of 24 hours during or on which a violation occurs
or continues shall be deemed a separate offense.