This article is to prevent certain uses and the construction
of facilities in or on land surrounding any well that is part of the
public water system (“wells”), which might create a danger
of pollution to the water produced from such wells.
(Ordinance 682-14, sec. 2, adopted 5/22/14)
The below-listed construction, operation or activities are prohibited
within the designated areas of land surrounding the wells:
(1)
500-foot restriction.
No animal feedlots, solid waste
disposal sites, land on which sewage plant or septic tank sludge is
applied, or lands irrigated by sewage plant effluent, or sewage treatment
plant is allowed within 500 feet of the wells.
(2)
300-foot restriction.
No sewage wet well, sewage pumping
station or drainage ditch which contains industrial waste discharges
or the wastes from sewage treatment systems is allowed within 300
feet of the wells.
(3)
150-foot restriction.
No septic tank with perforated
drainfield, areas irrigated by low dosage, low angle spray on-site
sewage facilities, absorption bed, evapotranspiration bed, improperly
constructed water well, or underground petroleum and chemical storage
tank or liquid transmission pipeline is allowed within 150 feet of
the wells.
(4)
50-foot restriction.
No tile or concrete sanitary sewer,
sewerage appurtenance, or livestock in pastures is allowed within
50 feet of the wells.
(5)
10-foot restriction.
Sanitary or storm sewers constructed
of ductile iron or polyvinyl chloride (PVC) pipe meeting American
Water Works Association (AWWA) standards, having a minimum working
pressure of one hundred fifty pounds per square inch (psi) or greater,
and equipped with pressure type joints, are allowed within 10 feet
of the wells.
(7)
Farm and ranch operations.
Normal farming and ranching
operations are not prohibited by this article. However, livestock
shall not be allowed within a 50-foot radius of the wells.
(Ordinance 682-14, sec. 3, adopted 5/22/14)
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 any inspection or observation necessary to enforce this
article.
(Ordinance 682-14, sec. 4, adopted 5/22/14)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 682-14, sec. 5, adopted 5/22/14; Ordinance adopting 2017 Code)
Any person who shall violate any provision of this article shall
be required to remove the prohibited construction or potential source
of contamination within 30 days after notification that they are in
violation of this article. The city may also institute civil proceedings
for enforcement.
(Ordinance 682-14, sec. 6, adopted 5/22/14)
Whenever any applicable statute, regulation, or permit of any
state, federal, or other agency having jurisdiction over the subject
matter of this article is in conflict herewith, the stricter requirement
shall apply, unless mandated otherwise.
(Ordinance 682-14, sec. 7, adopted 5/22/14)
