12/14/2021 Ordinances 9865�
ORDINANCE NO. 9865
An ordinance to amend Chapter 35, Article VIII, sections 35-86 and 35-88 of the
Grand Island City Code pertaining to Groundwater Control Area No. 3; 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. Chapter 35, Article VIII, section 35-86 of the Grand Island City Code is
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hereby amended to read as follows:
§ 35-86. Groundwater Control Area Boundaries
The boundaries of Groundwater Control Area No. 3 are described as follows and are shown on
the attached map: Commencing at a point of intersection of the north boundary of Husker
Highway and the easterly boundary of U.S. Highway 30; thence running easterly along the north
boundary of Husker Highway to the intersection of Husker Highway and U.S. Highway 281/LT.S.
Highway 34; thence continuing easterly running along the north boundary of U.S. Highway 34 to
the northwesterly corner of the intersection of Garland Street; thence running northerly and then
easterly along the west boundary of Garland Street to the northwesterly corner of the intersection
of Garland Street and South Blaine Street; thence running northerly along the west boundary of
South Blaine Street to the southwesterly corner of the intersection of South Blaine Street and
West Stolley Park Road; thence running westerly along the south boundary of West Stolley Park
Road to the southeasterly corner of the intersection of West Stolley Park Road and Old Highway
30; thence running southwesterly along the south boundary of Old Highway 30, merging with
U.S. Highway 30 and continuing southwesterly along the south boundary of U.S. Highway 30 to
the point of beginning.
Approved as to Form �
December 13, 2021 A ity Attorney
ORDINANCE NO. 9865(Cont.)
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SECTION 2. Chapter 35, Article VIII, section 35-88 of the Grand Island City
Code is hereby amended to read as follows:
§35-88. Prohibited Groundwater Uses
(A) Groundwater pumped from wells within Groundwater Control Area No. 3 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. 3 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. 3 is a violation of this Article and is declared
to be a public nuisance subject to abatement as provided in §35-91 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. 3 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 RODs for
the Site. Any such hydrological study shall be submitted to EPA for review and approval prior to
well installation.
(C) This Section on Prohibited Groundwater Uses shall not prohibit: (i) uses of groundwater
pumped from wells within Groundwater Control Area No. 3 which do not result in human
exposure to contaminated groundwater, including, but not limited to, groundwater monitoring
wells, EPA or NDNR remediation wells, wells that produce 50 gpm or less for dewatering
purposes, wells used for non-contact cooling water for industrial, commercial or residential uses,
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ORDINANCE NO. 9865(Cont.)
or wells used for watering vegetation not used for human consumption, or (ii) human exposure
from recreational and athletic activities occurring at lakes, ponds, rivers, and streams. 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.
SECTION 3. Any ordinance or parts of ordinance in conflict herewith are hereby
repealed.
SECTION 4. 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: December 14, 2021.
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Roger Steele, Mayor
Attest:
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RaNae Edwards, City Clerk
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