Gothenburg has one. See attached.
§ 52.045 PURPOSE.
The intent of this subchapter is to establish control by the city over the location of future potential sources of contamination within the proximity of the city's drinking water system, so as to prevent or minimize any hazard to the safety of the city's drinking water.
(Prior Code, § 4-401)
§ 52.046 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WATER WELL. Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, or extracting water from or injecting water into the underground water reservoir. WATER WELL shall not include any excavation made for obtaining or prospecting for oil, natural gas, minerals, or products mined or quarried or inserting media to repressure oil or natural gas bearing formations.
(Prior Code, § 4-402)
§ 52.047 MINIMUM DISTANCES FROM WELL.
It shall be unlawful to place, maintain, construct, or replace any of the following structures or conduct any of the following activities within the distance specified below from an existing municipal water well:
| Category | Distance |
| Water well | 1,000 feet |
| Sewage lagoon | 1,000 feet |
| Cesspool | 500 feet |
| Dump | 500 feet |
| Feedlot or feedlot runoff | 500 feet |
| Corral | 500 feet |
| Chemical storage | 500 feet |
| Petroleum storage | 500 feet |
| Pit toilet | 500 feet |
| Sanitary landfill | 500 feet |
| Septic tank | 500 feet |
| Sewage treatment plant | 500 feet |
| Sewage wet well | 500 feet |
| Absorption or disposal field for waste | 500 feet |
| |
(Prior Code, § 4-403) Penalty, see § 52.999
§ 52.048 EXCEPTION TO DISTANCE LIMITS; CONDITIONS.
(A) The City Council may consider allowing placement of water wells, as defined by state regulations governing public water supply systems (Title 179, N.A.C. 2) and state regulations governing water well construction, pump installation, and water well abandonment standards (Title 178, N.A.C. 12) as amended from time to time, closer to a city water well than the limitations set forth in § 52.047.
(B) Closer placement shall be allowed only under the following conditions:
(1) (a) An application must first be filed with the city showing the type of water well to be installed, the materials used, the operation of the proposed unit, and the person responsible for the actual installation of the water well. Preference, for approval, will be given to installations that do not disturb any water bearing strata.
(b) The city shall refer the application to its engineer for evaluation and report. The estimated cost of the engineer's fees must be paid at the time of filing the application. Any additional costs, which are reasonably incurred by the engineer in making their examination and report, shall be paid by the applicant, in addition to any previously paid estimated costs.
(2) (a) The City Council shall consider the engineer's report and any additional information submitted by the applicant. In reaching its decision on whether to allow the placement of a water well, as above defined, the City Council must act to prevent all sources of possible or likely water contamination.
(b) If the City Council approves the installation, it shall submit the application, together with the engineer's report, to the State Department of Health for final approval or denial.
(c) No installation shall be made without the approval of both the City Council and the State Department of Health.
(Prior Code, § 4-404)
§ 52.049 EXISTING WELLS.
Water wells in existence and use, as of the effective date of this subchapter, shall continue to be permitted unless the continued existence or use presents a hazard to the quality or quantity of the drinking water available for public use to the city's drinking water. The owner of any water well shall have the burden of establishing the existence and use of the well at the time of the effective date of this subchapter.
Sincerely,
Michael L. Bacon
Bacon, Vinton & Venteicher, L.L.C.
416 10th Street / P.O. Box 208
Gothenburg, NE 69138
Phone: (308) 537-7161
Fax: (308) 537-7162
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