§ 26-56. Public water supply protection authorities.

(1)

Application. If any activity or use of regulated substance is deemed by the manager to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the manager is authorized to:

(a)

Cause cessation of said activity or use of regulated substance;

(b)

Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or

(c)

Cause the provision of pollution control and/or abatement activities. However, no legal action can be taken without the authorization of the city commission.

(2)

Assurance of protection of water supply; coordination with other regulatory entities; consideration of cost effectiveness. When considering the exercise of any of the above authorities or actions, the manager shall ensure that the city's public water supply is reasonably and adequately protected from contamination for the present and the future. The manager shall make every reasonable effort to coordinate and act in concert with other regulatory entities in the exercise of the above authorities. The manager may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.

(Ord. No. 153, § 18, 11-7-94)