Sec. 27-278. Wellhead protection requirements and restrictions - Wellhead Protection Overlay.
The following requirements and restrictions shall apply to all uses within any land areas on which this district is applied:
a) Storage of gasoline, diesel fuel, fuel oil or other similar fuels, whether on a farm or ranch or in association with any other use, shall comply with the rules and regulations of Title 126 (Rules and Regulations Pertaining to Management of Waste), Title 159 (Underground Fuel Storage Tanks), and the National Fire Protection Association Code 30, administered by the Nebraska Department of Environmental Quality or other responsible agency or department. In addition, storage of gasoline, diesel fuel, fuel oil or other similar fuels in excess of one hundred forty (140) gallons within two hundred (200) feet of any well, whether on a farm or ranch or in association with another land use and whether or not such fuels are stored on, above or below ground, shall include an impervious liner or shall include double wall construction.
b) Fuel storage associated with any irrigation engine, including any portable fuel storage tanks shall be equipped with an impervious containment area, or double wall construction, in accordance with Chapter 34 of the International Fire Code, 2006 edition, the National Fire Protection Association Code 30, and with Title 126 (Rules and Regulations Pertaining to the Management of Waste), administered by the Nebraska Department of Environmental Quality, in the event of a release.
c) No new fuel storage in excess of one hundred forty (140) gallons shall be permitted within one thousand (1,000) feet of any municipal well.
d) Bulk storage of fertilizers, herbicides, pesticides and other materials other than fuels, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118 (Groundwater Quality Standards and Use Classifications), Title 119 (National Pollutant Discharge Elimination System Permits), Title 126 (Rules and Regulations Pertaining to the Management of Waste), Title 128 (Nebraska Hazardous Waste Regulations), Title 159 (Rules and Regulations Pertaining to Underground Fuel Storage Tanks) and Title 198 (Rules and Regulations Pertaining to Agricultural Chemical Containment), administered by the Nebraska Department of Environmental Quality and other agencies.
e) Any industrial or commercial process that includes more than 1,000 lbs. of materials, determined by the United States Environmental Protection Agency to be hazardous materials, shall be prohibited, except when a conditional use for such use is authorized and such authorization includes a condition that all such uses shall comply with the applicable rules and regulations of Title 118 (Groundwater Quality Standards and Use Classifications), Title 119 (National Pollutant Discharge Elimination System Permits), Title 126 (Rules and Regulations Pertaining to the Management of Waste), Title 128 (Nebraska Hazardous Waste Regulations), Title 159 (Underground Fuel Storage Tanks) and Title 198 (Rules and Regulations Pertaining to Agricultural Chemical Containment), administered by the Nebraska Department of Environmental Quality and other agencies.
f) Prior to the development of any permitted land use, any abandoned well which has not been closed and sealed in accordance with the requirements of Title 178 Chapter 12 (Water Well Standards) and the requirements of the applicable Natural Resource District(s) guidelines shall be so closed and sealed.
g) No septic tank, tile field or other on-site wastewater treatment system, associated with any type of land use, shall be located within one thousand (1,000) feet of any municipal well protected under this district.
h) One septic tank and tile field or other on-site wastewater treatment system may be established on an undeveloped lot of record, as defined in Sec 27-2 of this Code, located more than one thousand (1,000) feet from any municipal well protected under this district and existing as of the effective date of application of this district and the entirety of said lot of record lies within the land area on which this district is applied and when a public sewer is not available within 300 feet or as otherwise defined in Sec. 26-57 of this Code and provided such tank, tile field or other system complies with the requirements of Title 124 (Rules and Regulations Pertaining to On-Site Wastewater Treatment) of the Nebraska Department of Environmental Quality.
i) If a new lot is created after the effective date of application of this district and the entirety of said lot lies within the land area on which this district is applied and a public sewer is not available within 300 feet or as otherwise defined in Sec. 26-57 of this Code to serve such lot of record, one septic tank and tile field or other on-site wastewater treatment system may be established, provided such tank, tile field or other system complies with the requirements of Title 124 (Rules and Regulations Pertaining to On-Site Wastewater Treatment) of the Nebraska Department of Environmental Quality and is located more than one thousand (1,000) feet from any municipal well protected under this district. However, in no event shall more than four (4) septic tanks, tile fields or other on-site wastewater treatment systems be established or located in any quarter/quarter (40 acre) parcel of land within this overlay district.
j) Domestic, irrigation, and any other water wells, other than municipal water wells shall be prohibited within a wellhead protection area on which this district has been applied, provided that:
(1) Any existing irrigation well may be replaced with the same capacity well if said existing well no longer functions, or
(2) A new irrigation well may be established on a non-irrigated parcel of land eighty (80) acres in area or larger provided such well shall not be located closer than one thousand (1,000) feet to any well protected under this district, or
(3) If an undeveloped lot of record, as defined in Sec. 27-2 of this Code, exists as of the effective date of application of this district and the entirety of said lot of record lies within the land area on which this district is applied, one (1) four (4) inch casing diameter domestic well may be established, provided such well shall be constructed in accordance with the rules and requirements of Title 178 (Water Well Standards) and said well or wells are not located closer than one thousand (1,000) feet to any well protected under this district, or
(4) If a new lot is created after the effective date of application of this district and the entirety of said lot lies within the land area on which this district is applied one (1) four (4) inch casing diameter domestic well may be established, provided such well shall not be located closer than one thousand (1,000) feet to any well protected under this district and shall be constructed in accordance with the rules and requirements of Title 178 (Water Well Standards). However, in no event shall more than four (4) four (4) inch casing diameter domestic wells be established or located in any quarter/quarter (40 acre) parcel of land within this overlay district.
k) Any application of agricultural crop fertilizers, livestock manure, pesticides, or herbicides to the land or crops through an irrigation system (chemigation) shall comply with the rules and requirements of Title 195 (Rules and Regulations Pertaining to Chemigation). Further, when such fertilizers and/or livestock manure is applied, the amount of such fertilizers and/or livestock manure shall be at agronomic rates. Written verification of amounts of such fertilizers and/or livestock manure shall be provided upon request to the city by the owner of any land within this district.
l) If any land area contained within a Wellhead Protection Overlay District is also part of a special protection area or ground water management area established under the Groundwater Management Protection Act, all uses within such areas, including agricultural uses, shall comply with the action plan and best management practices established for such areas by the applicable Natural Resource District(s).
m) Any land use or any particular potential pollution hazard for which a separation distance is provided in Title 179 (Rules and Regulation Pertaining to Siting, Design and Construction of Public Water Systems) of the Nebraska Department of Health and Human Services shall be located a sufficient distance from any municipal water well so that the distance from the municipal water well to the potential source of contamination described in Title 179 shall exceed the separation distances provided for in Title 179.
Source: Ord. No. 5025, § 3, 8-18-08