03/13/2012 Ordinances 9370ORDINANCE NO. 9370
An ordinance to amend Chapter 35 of the Grand Island City Code to designate §§35-84
to 35-92 as Article VIII. Groundwater Control Area No. 3 and to designate §§35-93 to 35-102 as
Article IX. Groundwater Control Area No. 4 and to repeal any ordinance or parts of ordinances
in conflict herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Section 35-84 through 35-92 of the Grand Island City Code is hereby
designated as Article VIII. Groundwater Area No. 3.
SECTION 2. Section 35-93 through 35-102 of the Grand Island City Code is hereby
added to read as follows:
Article IX. Groundwater Control Area No. 4
§ 35-93 Purpose
(A) The Nebraska Solvents Company Site ("Site") is located in the eastern portion of the City
of Grand Island in Hall County, Nebraska, and in a portion of western Merrick County.
The Site consists of one area of groundwater contamination and an associated source area
which resulted from the historical mismanagement of industrial solvents.
(B) The Nebraska Department of Environmental Quality (NDEQ) approved on March 21,
2011 a Remedial Action Plan (RAP) dated February 1, 2010. The RAP identified one
contaminant source area located at a facility at 1200 Highway 30 East that has resulted in
contamination in the groundwater which trend to the east and then northeast.
(C) The RAP presented the selected remedies for the source area and the plume. A
component of the selected remedies in the approved RAP is the enactment by the City of
Grand Island of an institutional control ordinance designating a Groundwater Control
Area through which groundwater use would be restricted to prevent human exposure and
consumption of contaminated groundwater and prohibit the installation of new wells
supplying water for human consumption in the plume area. This institutional control
ordinance is to remain in fuil force and effect until the groundwater contamination
identified in the RAP is reduced to a level making the groundwater safe to be used as a
Approved as to Form tt
March 12, 2012 � City ttorney
ORDINANCE NO. 9370 (Cont.)
source of drinking water pursuant to the Safe Drinking Water Act, 42 U.S.C. §§ 300f —
300j-26, or its successor legislation.
Added by Ordinance No. 9370, effective Apri13, 2012.
§35-94. Definitions
As used in this Article, the following terms mean:
C� means the City of Grand Island, Nebraska.
Domestic use means human consumption and any use of groundwater for human health
and sanitation including, but not limited to, drinking, cooking, washing, bathing, showering, and
other similar household uses.
EPA means the United States Environmental Protection Agency.
GroundwateY contamination means the chemicals of interest described in the RAP for the
Site.
Groundwater Control Area No. 4 means a defined area within the jurisdictional limits of
the City of Grand Island subject to the institutional controls provided for in this Article which are
intended to prohibit human exposures to contaminated groundwater from wells.
NDEQ means the Nebraska Department of Environmental Quality, and any successor
departments of agencies of the State of Nebraska.
NDNR means the Nebraska Department of Natural Resources, and any successor
departments of agencies of the State of Nebraska.
RAP means the Remedial action Plan submitted to NDEQ and approved March 22, 2011.
Well means a hole or shaft sunk into the earth in order to obtain water from a natural
subterranean supply or aquifer.
The definitions found in Neb. Rev. Stat., Chapter 46 — Irrigation and Regulation of Water
— are adopted herein by reference, except where such definitions are in conflict with those
provided herein.
Added by Ordinance No. 9370, effective Apri13, 2012.
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ORDINANCE NO. 9370 (Cont.)
§35-95. Groundwater Control Area Boundaries
The boundaries of Groundwater Control Area No. 4 are described as follows and are
the attached map. Commencing
shown on
135 feet to the west of the intersection of Museum
Drive and East Seedling Mile Road; thence running westerly to the western lease boundary of
the 1200 Highway 30 East Site; thence running southerly to the intersection of the lease
boundary and Highway 30 East; thence running east-southeasterly to the intersection of Stuhr
Road and an extension of East Gregory Street; thence running easterly along Gregory Street to
Shady Bend Road, thence running east-northeasterly to East Seedling Mile Road; thence
following East Seedling Mile Road to the intersection with Gunbarrel Road; thence southerly to
the Wood River; thence east-northeasterly along a path 350 feet south of and parallel to Fort
Kearney Road to the intersection with a southerly extension of Beck Road; thence running
northerly along Beck Road to the farm access road 2,270 feet south of Highway 30 East, thence
running westerly for 1,000 feet; thence running southwesterly along a path 1,130 feet south of
and parallel to Highway 30 East to the point of beginning. A map of the boundaries of
Groundwater Control Area No. 4 shall be maintained in the City's Geographical Information
System Mapsi$er (or any successor application, if any).
Added by Ordinance No. 9370, effective Apri13, 2012.
§35-96. Duration of Institutional Control Ordinance
(A) This Article shall remain in full force and effect as long as there remains groundwater
contaminated at levels that exceed the residential use cleanup levels provided for in the
RAP making the groundwater unsafe to be used as a source of drinking water pursuant to
the Safe Drinking Water Act of its successor legislation.
(B) Following NDEQ notifying the City that the groundwater contamination within the
Groundwater Control Area No. 4 has been reduced to a level making the groundwater
safe to be used as a source of drinking water pursuant to the Safe Drinking Water Act, or
its successor legislation, the City's Mayor and City Council may proceed to repeal this
Article forthwith.
Added by Ordinance No. 9370, effective Apri13, 2012.
§35-97. Duration of Institutional Control Ordinance
(A) This Article shall remain if full force and effect as long as there remains groundwater
contaminated at levels that exceed the residential use cleanup levels provided for in
the RAP making the groundwater unsafe to be used as a source of drinking water
pursuant to the Safe Drinking Water Act or its successor legislation.
(B) Following NDEQ notifying the City that the groundwater contamination within the
Groundwater Control Area No. 4 has been reduced to a level making the groundwater
safe to be used as a source of drinking water pursuant to the Safe Drinking Water Act,
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ORDINANCE NO. 9370 (Cont.)
or its successor legislation, the City's Mayor and City Council may proceed to repeal
this Article forthwith.
Added by Ordinance No. 9370, effective Apri13, 2012.
§35-98. Prohibited Groundwater Uses
(A) Groundwater pumped from wells within Groundwater Control Area No. 4 shall not be
used for any domestic use which may result in human exposures. Such uses include
drinking, food preparation, washing, bathing, showering, and other household uses
which result in human exposures to contaminated groundwater. Because
groundwater from wells within Groundwater Control Area No. 4 may be
contaminated and presents a hazard to the health, safety, and welfare of persons
exposed to such water, any human consumption or prohibited use of groundwater
from wells within Groundwater Control Area No. 4 is a violation of this Article and is
declared to be a public nuisance subject to abatement as provided in §§35-101 to 35-
102 of this Article.
(B) No new well with a design capacity of more than 50 gallons per minute (gpm) may be
drilled or installed in Groundwater Control Area No. 4 unless and until the party
proposing the well installation has demonstrated, by a hydrogeological study
performed by a competent environmental consulting firm, that the operation of the
well will not cause the movement of the groundwater contamination or adversely
affect the remedial action provided for in the RAP for the Site. Any such
hydrological study shall be submitted to NDEQ for review and approval prior to well
installation.
(C) This Section on Prohibited Groundwater Uses shall not prohibit uses of groundwater
pumped from wells within Groundwater Control Area No. 4 which do not result in
human exposure to contaminated groundwater, including, but not limited to,
groundwater monitoring wells, EPA, NDNR, or NDEQ remediation wells, wells that
produce 50 gpm or less for dewatering purposes, for non-contact cooling water for
industrial, commercial, or residential uses, or wells used for irrigation. Discharges
from dewatering wells must be appropriately handled and disposed of in accordance
with applicable City, State and Federal laws including National Pollution Discharge
Elimination System permits under the Clean Water Act.
Added by Ordinance No. 9370, effective April 3, 2012.
§35-99. WellInstallation
(A)No person shall drill or install a well with a design capacity of more than 50 gallons
per minute within Groundwater Control Area No. 4 prior to applying for and
obtaining a weil permit from the Central Platte Natural Resources District.
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ORDINANCE NO. 9370 (Cont.)
(B) No person may install a well within Groundwater Control Area No. 4 which
penetrates two or more water-bearing zones unless water-tight casings are installed
which conform to the regulations governing water well construction, pump
installation, and water well decommissioning standards of the Nebraska Deparhnent
of Health and Human Services, Regulation and Licensure Division (178 NAC 12,
Section 003.11D — Contaminated Water-Bearing Zones).
Added by Ordinance No. 9370, effective Apri13, 2012.
§35-100. New Well Registration, Application for Well Permit
The following information shall be submitted to the City's Building Department prior to
drilling a new well in groundwater Control Area No. 4:
(1) A copy of the well permit obtained from the Central Platte Natural Resources District.
(2) The address and legal description of the property on which the proposed well is to be
located.
(3) The address of all properties to be served by groundwater pumped from the proposed
well.
(4) A description of the uses to be made of water pumped from the proposed well, if any;
including a certification that such groundwater will not be used for domestic use
which may result in human exposures.
(5) Whether City water is available to the property to be served by the proposed well.
(6) The,depth of the proposed well and pump intake.
(7) A diagram showing the location of the proposed well.
(8) An application for any dewatering well will include a plan for the appropriate
handling and disposal of the discharge water in accordance with applicable City, State
and Federal laws including NPDES permits.
(9) A statement as to whether the design capacity of the proposed well exceeds 50 gpm.
If the design capacity of the well exceeds 50 gpm, the owner of the well shall
demonstrate, by a hydrogeological study performed by a competent environmental
consulting firm in accordance with §35-98(B) of this Article, that the operation of the
well will not cause the movement of the groundwater contamination or adversely
affect the remedial action provided for in the RAP for the Site.
Added by Ordinance No. 9370, effective April 3, 2012.
§35-101. Violations of Institutional Control Ordinance; Abatement of Public Nuisance.
_ Whenever the City's Building Department Director, or his/her designee, has inspected
any well within Groundwater Control Area No. 4 and determined that such well is being
operated, or that the groundwater pumped from the well is being used, in violation of this
Article, he/she will send a written notice to the owner of record of the real property where the
well is located, or the owner's agent, or the occupant of the property, by certified mail, return
5
ORDINANCE NO. 9370 (Cont.)
receipt requested, notifying such party of the violation. The written notice will contain the
following:
(1) The street address and/or a legal description sufficient for identification of the
property where the well is located.
(2) A description of the acts or circumstances constituting a violation of this Article.
(3) A description of the corrective action required to be taken to render the well and
groundwater uses in compliance with this Article.
(4) A statement advising the addressee that if the well and groundwater uses are not
brought into compliance with this Article within the time specified, the City's
Building Department Director, or his/her designee, may order electrical power to the
well disconnected and may request the City Attorney, with the consent of the City's
Mayor, to file an action to charge the costs thereof against the real estate, the owner
of record and the addressee. The charge shall constitute a lien against said property.
Added by Ordinance No. 9370, effective Apri13, 2012.
§35-102. Procedure for Abatement of Public Nuisance
(A)If the addressee of the notice described in §35-101 of this Article fails to abate said
nuisance within the time specified, the City of Grand Island, at the written request of
' the City's Building Department Director, or his/her designee, directed to the City
Attorney, and with the consent of the Mayor, may abate said public nuisance pursuant
to §20-15 of the Grand Island City Code, and charge the costs thereof against the real
estate on which the well is located and the addressee of the notice.
(B) If the City, in its sole discretion, determines that the use of the groundwater in
violation of this Article might cause irreparable harm or poses a threat to public
health, safety or welfare, or the health, safety or welfare of the persons using the
groundwater, the written notice to abate pursuant to §20-15 of the Grand Island City
Code shall not be required as a condition precedent to commencing a legal action to
obtain abatement of the nuisance. The City, with the consent of the Mayor, may
immediately file an action requesting such temporary and permanent orders as are
appropriate to expeditiously and permanently abate such public nuisances and protect
the public health, safety or welfare of the health, safety or welfare of persons using
the groundwater in violation of this Article.
Added by Ordinance No. 9370, effective Apri13, 2012.
SECTION 2. The validity of any section, subsection, sentence, clause, or phrase of this
ordinance shall not affect the validity or enforceability of any other section, subsection, sentence,
clause, or phrase thereof.
C�
ORDINANCE NO. 9370 (Cont.)
SECTION 3. That this ordinance shall be in force and take effect from and after its
passage and publication in pamphlet form within fifteen (15) days according to law.
Enacted March 13, 2012.
Attest:
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RaNae Edwards, City Clerk
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