(a) This
article sets forth uniform requirements for the use and the construction
of facilities in or on land within one hundred fifty feet (150') of
the wells in order to promote sanitary conditions in and around such
wells, to secure all such land from pollution hazards, and to enable
the city to comply with all applicable state and local regulations.
(b) The
objective of this article is to prevent certain uses and the construction
of facilities in or on land surrounding the wells, which might create
a danger of pollution to the water produced from such wells.
(Ordinance 726 adopted 10/14/03; 2004 Code, sec. 6.801)
Unless the context requires otherwise, the following terms and
phrases, as used in this article, shall have the meanings hereinafter
designated:
Person.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, government
entity, or any other legal entity, or its legal representatives, agents,
successors, or assigns.
Wells.
The water wells owned and operated by the city.
(Ordinance 726 adopted 10/14/03; 2004 Code, sec. 6.802)
The following activities are prohibited within the designated
areas of land surrounding the wells:
(1) Construction
and/or operation of underground petroleum and/or chemical storage
tanks and liquid transmission pipelines, stock pens, feedlots, dump
grounds, privies, cesspools, septic tanks, sewage treatment drainfields,
absorption beds, evapotranspiration beds, improperly constructed water
wells of any depth, and all other construction or operation that could
create an unsanitary condition is prohibited within, upon, or across
all areas of land within a 150-foot radius of the wells. For the purposes
of this article, “improperly constructed water wells”
are those wells that do not meet the surface and subsurface construction
standards for a public water supply well.
(2) Construction
of tile or concrete sanitary sewers, sewer appurtenances, storm sewers,
and cemeteries is specifically prohibited within, upon, or across
any area of land within a 50-foot radius of the wells.
(3) Construction of homes or buildings upon any area of land within a 150-foot radius of the wells is permitted, provided the restrictions described in subsections
(1) and
(2) above are met.
(4) Normal
farming and ranching operations are not prohibited by this article;
provided, however, livestock shall not be allowed within a 50-foot
radius of the wells.
(Ordinance 726 adopted 10/14/03; 2004 Code, sec. 6.803)
City employees, or authorized representatives of the city, bearing
proper credentials and identification, shall be permitted to immediately
enter upon any premises located within a 150-foot radius of any well
to conduct an inspection or observation necessary to enforce this
article.
(Ordinance 726 adopted 10/14/03; 2004 Code, sec. 6.804)