Duties and responsibilities of the wellhead protection area administrator shall include, but are not limited to, the following:
(1) 
Maintain and hold open for public inspection all records pertaining to the provisions of this article.
(2) 
Review water well permit applications and other permit applications where applicable to determine whether the proposed activity in the WHPA will pose a threat to the integrity of the public water supply.
(3) 
Review, approve, or deny (or recommend denial where authority for denial is not granted) all applications for permits required by the adoption of this article.
(4) 
Review permits for proposed development within the WHPA(s) to assure that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required.
(5) 
Where interpretation is needed as to the exact location of the boundaries of the WHPA(s) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the wellhead protection administrator shall make the necessary interpretation.
(6) 
When WHPA delineation has not been provided by the state (for example, upon completion of a new PWS well), the administrator shall delineate a one-quarter-mile radius around the well and administer it in accordance with this article until such time as site-specific determination can be made.
(7) 
The WHPA administrator shall coordinate the city's emergency response activities in the event a potential contamination event occurs.
(8) 
The WHPA administrator shall also maintain an active list of potential sources of contamination which shows the physical location, street address, contact, and telephone number. This list shall be kept open for public inspection.
(1999 Code, sec. 38-141)
Persons and/or entities found to be in violation of this article shall be notified, in writing, by the director of public works or his designee. A person who violates any of the provisions of this article is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100.00 nor more than $5,000.00. Each day that a violation occurs constitutes a separate offense.
(1999 Code, sec. 38-142)
(a) 
The zoning board of adjustment (ZBA) shall hear and render judgment on requests of variances from the requirements of this article.
(b) 
The ZBA shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the wellhead protection area administrator in the enforcement or administration of this article.
(c) 
Any person or persons aggrieved by the decision of the ZBA may appeal such decision to a district court of competent jurisdiction.
(d) 
No variance may be requested nor granted as a means to circumvent the intentions of this article or as a remedy for a violation of this article (i.e., a variance cannot be issued after the fact).
(e) 
The wellhead protection administrator shall maintain a record of all actions involving an appeal.
(f) 
Upon consideration of the intent of this article, the ZBA may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article.
(g) 
Prerequisites for granting variances:
(1) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the potential threat of contamination of the PWS well and aquifer, to afford relief.
(2) 
Variances shall only be issued upon:
(A) 
Showing a good and sufficient cause;
(B) 
A determination that failure to grant a variance would result in exceptional hardship to the applicant; and
(C) 
A determination that the granting of a variance will not result in additional threats to the public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3) 
Any applicant to whom a variance is granted shall be given written notice that the activity receiving this variance will decrease the travel time for potential contaminates to reach the PWS well and that any and all liability of a contamination event as a result of this activity receiving the variance is on the variance holder. Furthermore, the city, its officers and services, as well as its employees, are released from any responsibility and liability for any damages and/or contamination events due to activity receiving the variance.
(h) 
Variances may be issued by the ZBA for new development necessary for the conduct of the functionally dependent use, provided that:
(1) 
The criteria outlined in this section are met; and
(2) 
The development is protected by methods that minimize the risk of a contamination event and creates to [no] additional threats to public safety.
(1999 Code, sec. 38-143)