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07/24/2001 Ordinances 8685 I I I ORDINANCE NO. 8685 An ordinance to amend Chapter 35 of the Grand Island City Code; to amend the Title for Article VI within Chapter 35; to add Article VII and Sections 35-74 through 35-83 pertaining to Groundwater Control Area No.2; 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. Article VI of Chapter 35 of the Grand Island City Code shall hereby be renamed "Article VI. Groundwater Control Area No.1 ". SECTION 2. Article VII and Sections 35-74 through 35-83 shall be added to Chapter 35 ofthe Grand Island City Code as follows: Article VII. Groundwater Control Area No.2 ~35-74. Purpose The U.S. Army, in consultation with the U.S. Environmental Protection Agency (USEPA), and the Nebraska Department of Environmental Quality (NDEQ), issued a Record of Decision and Record of Decision Amendment (collectively ROD) for the former Cornhusker Army Ammunition Plant (CHAAP) which identified soil and groundwater contamination consisting of explosives above the USEP A Health Advisory Levels. The revised proposed plan for OUl ROD Amendment identifies the Preferred Remedial Alternative for remediating groundwater at Operable Unit One (OUl) of CHAAP and provides the rational for the OUl ROD Amendment. The preferred remedial alternatives include remedies for the on-post and off-post groundwater plume containing explosives. The on-post explosives plume will be treated to remedial action objectives using existing extraction and treatment technologies. The On-Post Plume Institutional Controls will include land use restrictions, enforcement of the Hall County Reuse Plan for agricultural and industrial zoning on CHAAP and prohibiting water supply well drilling in the plume area. The Health Advisory Level in effect as of March 1, 2001, is 2ug/l (microgram per liter) or 2 ppb (parts per billion). Pending natural attenuation obtaining the remedial action objectives of the ROD, the U.S. Army has requested that the City of Grand Island enact and enforce an ordinance instituting Off-Post Plume Institutional Controls by designating a groundwater control area in which groundwater use would be restricted to prevent human exposure and consumption of potentially contaminated groundwater, requiring registration of existing wells, prohibiting installation of new wells supplying water for human consumption in the plume area, and requiring approval and registration of new wells. The Institutional Control Ordinance is to remain in full force and effect until the explosive contamination identified in the ROD is attenuated to less than USEP A Health Advisory Levels. ~35-75. Definitions As used in this Article, the following terms mean: Groundwater means water pumped from a well located within Groundwater Control Area No.2 described in Section 35-72. Groundwater Contamination means the explosives described in the U.S. Army Record of Decision and Record of Decision Amendment (ROD) for the former Cornhusker Army Ammunition Plant (CHAAP). Approved as to Form T ~ July 19, 2001 ... City Attorney I I I ORDINANCE NO. 8685 (Cant.) Groundwater Control Area No.2 means a defined area within the corporate limits and zoning jurisdiction of the City of Grand Island subject to the Off-Post Plume Institutional Controls provided in this Article. Off-Post Plume Institutional Controls means the provisions of this Article which are intended to prohibit human consumption of potentially contaminated groundwater from wells and contamination of otherwise uncontaminated water-bearing zones located within Groundwater Control Area No.2. 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 by reference, except where such definitions are in conflict with those provided in this section above. ~35-76. Groundwater Control Area No.2 Boundaries The boundaries of Groundwater Control Area No.2 shall be maintained in the Hall County - City of Grand Island Cooperative Geographic Information System (GIS) using information supplied by the U.S. Army and modified in accordance with periodic monitoring data prepared by the U.S. Army and reviewed by the USEPA and NDEQ. ~35-77. Duration ofInstitutional Control Ordinance (A) This Article shall remain in full force and effect for so long as there remains groundwater contamination identified in the ROD described in 935-70 making the groundwater unsafe to be used as a source of drinking water because of explosives contamination above the USEP A Health Advisory Levels then in effect. (B) When the City of Grand Island is notified by the U.S. Army or the USEPA that groundwater contamination within Groundwater Control Area No.2 has been reduced to a level below the USEPA Health Advisory Levels, the Mayor and City Council may proceed to repeal this Article forthwith. ~35-78. Prohibited Groundwater Uses (A) Groundwater pumped from wells within Groundwater Control Area No.2 shall not be used for any human consumption including drinking water, cooking, washing or other household uses. Because groundwater from wells within the groundwater control area may be contaminated and present a hazard to the health, safety, and welfare of persons exposed to said water, any known human consumption of groundwater from wells within Groundwater Control Area No.2 is a violation of this Article and is declared a public nuisance subject to abatement as provided hereafter. (B) This Article shall not apply to uses of groundwater pumped from wells within Groundwater Control Area No.2 which do not involve human consumption, including, but not limited to, non-contact cooling water for industrial, commercial or residential uses and watering of vegetation other than gardens, plants, and trees producing food for human consumption. ~35-79. Well Registration (A) All wells for which drilling has commenced or existing within Groundwater Control Area No.2 as of the effective date of this Article shall be registered with the Building Department by the person owning the real estate on which the well is located. There shall be no fee for registering an existing well. (B) No person may drill or install a well within Groundwater Control Area No.2 prior to applying for and obtaining a well permit from the Building Department. There shall be a nourefundable fee in accordance with the City of Grand Island Fee Schedule paid to the Building Department contemporaneously with making an application for a well permit. (C) No person may drill or install a well within Groundwater Control Area No.2 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 Department of Health and Human Services, Regulation and Licensure Division (178 NAC 12, Section 003.11D - Contaminated Water-Bearing Zones). ~35-80. Existing Well Registration, Information Required The following information shall be submitted to the Building Department in connection with registering a well in existence as of the effective date of this Article: - 2 - Approved as to Form T July 19, 2001 . City Attorney I I I ORDINANCE NO. 8685 (Cont.) (A) The name and address of the person owning the real estate on which the well is located. (B) The address and legal description of the property on which the well is located. (C) The address of all properties being served by groundwater pumped from the well. (D) A description of the uses of the water pumped from the well, including specifically whether such groundwater is used for human consumption including, but not limited to drinking water, cooking, washing, or other household uses. (E) Whether City water is available to the property currently served by the well. (F) The depth of the well, if known. (G) A diagram showing the location of the well. g35-81. New Well Registration, Application for Well Permit The following information shall be submitted to the Building Department in connection with applying for a well permit for a new well in the Groundwater Control Area No 2: (A) The name and address of the person owning the real estate on which the proposed well is to be located. (B) The address and legal description ofthe property on which the proposed well is to be located. (C) The address of all properties to be served by groundwater pumped from the proposed well. (D) A description of the uses to be made of water pumped from the proposed well, including a certification that said groundwater will not be used for human consumption, including but not limited to drinking water, cooking, washing, or other household uses. (E) Whether City water is available to the property to be served by the proposed well. (F) The depth of the proposed well. (G) A diagram showing the location of the proposed well. Following installation of any new, permitted well in Groundwater Control Area No.2, a copy of the well boring logs shall be filed with the Building Department and made a part of the records for the real estate on which the well is located. g35-82. Violations of Institutional Control Ordinance, Abatement of Public Nuisance Whenever the Building Department Director, or his/her designee has inspected any well within the Groundwater Control Area No.2 and determined that groundwater pumped from the well is being used in violation of this Article, the Director shall send a written notice to the owner of record or owner's duly authorized agent, or person in possession, charge or control, or to the occupant by ordinary first-class mail and by certified mail, return receipt requested, notifying the addressee of the violation. The written notice shall contain the following information: (A) The street address and a legal description sufficient for identification of the premises on which the well is located. (B) A brief and concise description of the acts or circumstances constituting a violation ofthis Article. (C) A brief and concise description of the corrective action required to be taken to render the well and groundwater uses in compliance with this code. (D) A brief and concise statement advising the addressee that if the well and groundwater uses are not brought into compliance with this Article within the time specified, that the 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 Mayor, to file an action to abate the public nuisance and charge the costs thereof against the real estate, the owner of record and the addressee. g35-83. Procedure for Abatement of Public Nuisance If the addressee of the written notice described in Section 35-78 fails to abate said nuisance within the time specified, the City of Grand Island, at the written request of the Building Department Director, or his/her designee directed to the City Attorney, and with the consent of the Mayor, may proceed to abate said public nuisance pursuant to Section 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 written notice. In the event 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 from the City Attorney to abate pursuant to Section 20-15 shall not be required as a condition - 3 - Approved as to Form ... ~ July 19, 2001 ... City ttorney I I I ORDINANCE NO. 8685 (Cont.) precedent to commencing a legal action to obtain abatement of the nuisance. The City of Grand Island, 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 said public nuisances and protect the public health, safety or welfare or the health, safety or welfare of persons using the groundwater in violation of this Article. SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 24,2001. i:~ Ken nadt, Mayor Attest: QD~ SQ~ RaNae Edwards, City Clerk - 4 - Approved as to Form T e-.cf"2, July 19. 2001 '" t11y A\tor: