Due to the potential hazard posed by anthropogenic activities
to the city’s PWS well(s) and, consequently, the health and
safety of the general public, it is necessary to restrict activities
in the WHPA(s) that may be a potential threat to the groundwater quality.
(1988 Code, ch. 4, sec. 11.72)
(a) The
unauthorized disposal, placement, abandonment, or other discharge
(hereafter referred to as “dumping”) of any material in
a manner inconsistent with established city, state, or federal ordinance,
statute, or regulation is hereby prohibited. Examples of dumping include
but are not limited to chemical waste, paint, mineral spirits, garbage,
trash, sludge, automobiles, radioactive materials, and/or sewage/effluent.
(b) It
shall be unlawful for any person, persons, firms or corporations to
construct, install, or use any type of cesspool or septic tank on
any property within the limits of the wellhead protection areas of
the city on and after the passage and adoption of this article.
(c) The
city council or its designated representative shall have the power
to determine whether or not an activity is a potential source of contamination
and should be prohibited or restricted based on the perceived threat
to the city’s public water supply system. This determination
shall be based upon available knowledge and best professional judgment.
(d) The
establishment or operation of landfills within the limits of the wellhead
protection areas.
(e) The
disposal of used oil filters, oil, grease, or any other petroleum
product capable of contaminating the public water supply anywhere
within the city limits and ETJ.
(f) The
transport, conveyance, storage, or disposal of hazardous, toxic, or
other materials that may be an unreasonable threat to the public water
supply systems within the wellhead protection areas.
(1988 Code, ch. 4, sec. 11.73)
(a) The
maintenance, construction, keeping or operation of any sewage treatment
plant or sewage drainage ditch or stream or any sewage drainage of
any sort or any type of irrigation or watering by means of sewage
plant effluent within the distance of one thousand three hundred twenty
(1,320) feet of any municipal water well or reservoir of the city,
used for the purposes of supplying water to the water system of the
city, is hereby declared to be unlawful and a public nuisance.
(b) Sewage treatment plants that exist and are in operation within one thousand three hundred twenty (1,320) feet of any municipal well or reservoir are hereby considered to be “grandfathered” and not considered to be in violation of this article. However, any substantial repair, modification, or improvement of such facilities shall fall under the jurisdiction of subsection
(a).
(1988 Code, ch. 4, sec. 11.74)
The maintenance or keeping of any type or form of livestock
or stock pen or cattle grazing or any similar activity within one
thousand three hundred twenty (1,320) feet of any municipal water
well or reservoir of the city used for the purpose of supplying water
to the water system of the city is hereby declared to be unlawful
and a public nuisance.
(1988 Code, ch. 4, sec. 11.75)
Any person, firm, or corporation violating any provisions of this article shall upon conviction be fined in any sum of money not to exceed amounts stipulated in section
6.05.209, and each day of violation shall constitute a separate offense.
(1988 Code, ch. 4, sec. 11.76)
Any activity located inside the wellhead protection area which,
in the sole opinion of the city council or its agents, presents an
immediate threat and menace to the health, morals, safety or general
welfare of the public, is declared to be a nuisance. The city council
or its agents shall have the right to go on property upon which such
activity(ies) is (are) situated and abate the nuisance in a temporary
manner. Such activity shall thereafter be discontinued by the owner
after the giving of required notice and in such manner that may be
prescribed by the city council. The owner thereof shall be liable
to the city council for the cost of doing such temporary work under
this section and shall pay such cost upon demand.
(1988 Code, ch. 4, sec. 11.77)
(a) Activities
in effect before the adoption date of this article shall not be affected
retroactively. However, the city council or its agents may require
more stringent measures to minimize the threat of contamination.
(b) Activities
carried out to comply with the Americans with Disabilities Act may
be granted exemption status. Judgments shall be rendered on a case-by-case
basis by the city council upon appeal.
(1988 Code, ch. 4, sec. 11.78)