8-2-1: TITLE, APPLICABILITY, AUTHORITY:
8-2-2: PURPOSE AND INTENT:
8-2-3: ADMINISTRATION:
8-2-4: DEFINITIONS:
8-2-5: EXTENT AND DESIGNATION OF RECHARGE AREAS AND PROTECTION ZONES; MAP:
8-2-6: PERMITTED AND PROHIBITED USES:
8-2-7: MANAGEMENT STRATEGIES AND PERFORMANCE STANDARDS:
8-2-8: EXCLUSIONS AND EXEMPTIONS:
8-2-9: INSPECTIONS; VIOLATIONS:
8-2-10: APPEALS:
8-2-11: DISPUTES:
8-2-12: ABROGATION AND GREATER RESTRICTIONS:
8-2-13: REVIEW OF PROVISIONS:
8-2-14: LIABILITY:
8-2-15: GENERIC REGULATED SUBSTANCE LIST:
8-2-1: TITLE, APPLICABILITY, AUTHORITY:
A. Title: This chapter shall be known as the DRINKING WATER SOURCE PROTECTION ORDINANCE. The provisions of this chapter shall be effective within the area which affects the aquifers as shown on exhibit 1 attached to ordinance 2000-02 and on file in the city recorder's office, and shall set prohibitions and restrictions to prevent contamination of the public drinking water supply in the city as a result of hazardous and toxic substances entering the ground water. This chapter shall be liberally construed to effect the purposes set forth herein.
B. Applicability: It shall be the responsibility of any person owning real property and/or owning or operating a business within the jurisdiction of the city to conform and comply with the applicable provisions contained in this chapter. Ignorance of this provision shall not excuse any violations of the provisions of this chapter.
C. Authority: The city has the authority to adopt this chapter to facilitate compliance with drinking water source protection regulations pursuant to the land use, development and management act, Utah Code Annotated section 10-9a-102, the Utah administrative code section R309-113, and other such authorities and provisions as in the statutory and common law of the state. (1991 Code § 13.12.010, as amended; amd. 2009 Code)
8-2-2: PURPOSE AND INTENT:
A. The purpose of this chapter is to protect, preserve and maintain existing and potential public drinking water sources in order to safeguard the public health, safety and welfare of city residents and visitors. The intent of this chapter is to establish and designate drinking water source protection zones and ground water recharge areas for all sources of public drinking water within city boundaries and jurisdiction, which affect the aquifers as shown on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office. This chapter establishes criteria for regulating the storage, handling, use or production of hazardous or toxic substances within identified areas where ground water is, or could be, affected by the potential contamination source. This shall be accomplished by the designation and regulation of property uses and conditions that may be maintained within such zones or areas. Unless otherwise specified, the provisions of this chapter apply to new development and/or improvements to existing facilities, and/or handling, movement and storage of potentially hazardous materials.
B. The degree of protection afforded by this chapter is considered adequate for regulatory purposes. This chapter does not ensure that public drinking water sources will not be subject to accidental or intentional contamination, nor does it create liability on the part of the city, or an officer or employee thereof, for any damages to the public water supplies from reliance on this chapter, nor any administrative order lawfully made thereunder.
C. A notice to cease or an exemption issued under this chapter shall not relieve the owner of the obligation to comply with any other applicable federal, state, regional or local regulations, rule, ordinance or requirement, nor shall such notice or exemption relieve any owner of any liability for violation of such regulations, rules, ordinances, or requirements. (1991 Code § 13.12.020, as amended)
8-2-3: ADMINISTRATION:
The policies and procedures for administration of any protection zone or primary and secondary recharge area established under this chapter, including, without limitation, those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in any existing ordinance in the city, as the same is presently enacted or may from time to time be amended. (1991 Code § 13.12.110, as amended)
8-2-4: DEFINITIONS:
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be defined as follows:
ABANDONED WELL: A well, the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.
BEST MANAGEMENT PRACTICES (BMPs): A practice or combination of practices determined to be the most effective practicable (including technological, economic and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil and air quality goals. Copies of BMPs are available at the department of environmental quality, division of drinking water.
CFR: Code of federal regulations.
CITY: Wellsville City, Utah.
CITY COUNCIL: The city council of Wellsville City.
CLOSURE: The cessation of operation of a facility, or any portion thereof, and the act of securing such facility or portion thereof, to ensure protection of ground water in accordance with the appropriate state, federal and local regulations applicable to the specific facility and with the provisions of this chapter.
CODE: The Wellsville City municipal code.
CODE INSPECTOR: Any authorized agent or employee of the city whose duty is to assure code compliance.
COLLECTION AREA: The area surrounding a ground water source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other ground water collection devices.
CONTINUOUS TRANSIT: The nonstop movement of a mobile vehicle, except for stops required by traffic laws.
DWSP: Drinking water source protection.
DEPARTMENT: The individual, public agency, division, or department designated by Wellsville City to enforce the provisions of this chapter. For Wellsville City, the departments are public utilities, city manager, mayor, city council, planning commission, and Bear River health.
DESIGN STANDARD: A control which is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example of "design standard".
DISCHARGE: Means and includes, but is not limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing or dumping regulated substances to the soils, air, ground waters or surface waters of the city. "Discharge" does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances; provided, that such use is not prohibited by federal, state or local regulations. "Discharge" shall not include releases specifically authorized by federal or state permits.
DRINKING WATER SOURCE PROTECTION REVIEW COMMITTEE: The city manager, city engineer, public works director and mayor, whose purpose is to make determinations regarding delineation of protection areas and zones.
DRINKING WATER SOURCE PROTECTION ZONE: An area within which certain practices are mandated to protect ground water flowing to public drinking water wells and/or springs.
DRINKING WATER SUPPLY SPRING: A drinking water spring to supply water which has been permitted or intended for consumptive use.
DRINKING WATER SUPPLY WELL: A drinking water well to supply water which has been permitted or intended for consumptive use.
EPA: The U.S. environmental protection agency.
GROUND WATER: Any water which may be drawn from the ground.
GROUND WATER DISCHARGE AREA: An area where the direction of ground water movement is upward from the principal aquifer to the shallow unconfined aquifer. Discharge areas, determined by the United States geological survey (USGS), are shown on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office.
GROUND WATER DIVIDE: A ridge in the water table or potentiometric surface, from which ground water moves away in both directions.
GROUND WATER TOT: Time of travel for ground water.
HANDLE: To use, generate, process, produce, package, treat, store or transport a regulated substance in any fashion.
HAZARDOUS WASTE: A "hazardous waste", as defined by the U.S. EPA.
LAND MANAGEMENT STRATEGIES: Zoning and nonzoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, development rights, public education programs, ground water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
NONRESIDENTIAL: All activity that is not designated as residential.
OPERATING PERMIT: A permit to operate a facility handling regulated substances under this chapter. The permit will be approved by the city council.
PCS: Potential contaminant source.
PWS: Public water system.
PERSON: An individual, firm, partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural, as well as singular.
PETROLEUM PRODUCT: Includes fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum based products.
POLLUTION SOURCE: Point source discharges of contaminants to ground water or potential discharges of the liquid forms of "extremely hazardous substances", which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA title III (SARA title III is the superfund amendment and reauthorization act section found in 40 CFR 300 through 302). Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten (10) animal units. The following clarify the definition of pollution sources:
A. Animal Feeding Operation: A lot or facility where the following conditions are met: Animals have been or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two (2) or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
B. Animal Unit: A unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over fifty five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
C. Extremely Hazardous Substances: Those substances which are identified in 40 CFR 302.
POTENTIAL CONTAMINATION SOURCE: Any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a "potential contamination source".
PRIMARY RECHARGE AREA: The areas depicted on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office.
PROTECTION ZONE: The delineation zones of the drinking water source protection zone, as summarized in subsections 8-2-5A and 8-2-5B of this chapter.
REGULATED SUBSTANCES: Substances (including degradation and interaction products) which because of quantity, concentration or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health and/or environment (including surface and ground water, plants and animals).
REGULATORY AGENCY: Any governmental agency with jurisdiction over "hazardous waste", as defined in this section.
RESIDENTIAL ACTIVITY: Any building or structure, or portion thereof, that is designed for or used for residential purposes and any activity involving the use or occupancy of a lot for residential purposes. "Residential activity" shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in the zoning ordinance of the city.
SARA TITLE III: The superfund amendment and reauthorization act section found in 40 CFR 300 through 302, pertaining to emergency response and right to know.
SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or nonhazardous wastes, are disposed of on land by placing earth cover thereon.
SECONDARY CONTAINMENT: Any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double walled tank, a double walled integral piping system, or a single walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.
SECONDARY RECHARGE AREA: The areas depicted on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office.
SEPTIC HOLDING TANK: A watertight receptacle, used to contain septic waste, the contents of which are extillated and disposed of at a waste disposal facility.
SEPTIC TANK SYSTEM: A generally watertight receptacle connected to a drain field that allows liquid from the tank to enter the soil. The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.
SLUDGE OR BIOSOLIDS: The solids separated from wastewater during the wastewater treatment process.
SOLID WASTE DISPOSAL FACILITY: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.
SOLID WASTE TRANSFER FACILITY: A site, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, and other containers from which such wastes are transported to a landfill or other solid waste management facility.
SPRING: The ground surface outlet of a natural underground spring, including spring collection and control boxes, valves, piping and other attachments.
TRAVEL TIME CONTOUR: The locus of points that form a line of any configuration in space from which ground water particles on that line theoretically take an equal amount of time to reach a given destination, such as a well, well field or spring.
UAC: The Utah administrative code.
USGS: The United States geological survey.
WELL: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of ground water.
WELL FIELD: An area of land which contains one or more drinking water supply wells. (1991 Code § 13.12.030, as amended; amd. 2009 Code)
8-2-5: EXTENT AND DESIGNATION OF RECHARGE AREAS AND PROTECTION ZONES; MAP:
A. Recharge Area And Protection Zone Map: The extent of the recharge areas and the protection zones may be seen on the recharge area and protection zone map, exhibit 1, attached to ordinance 2000-02. The recharge area and protection zone map is incorporated and made a part of this chapter by reference. This map shall be on file in the city recorder's office and shall be maintained by the city manager and city recorder.
B. Designation Of Recharge Areas And Protection Zones:
1. The following recharge areas and protection zones are hereby designated within the city:
a. Primary recharge, as determined by the city;
b. Secondary recharge, as determined by the city;
c. Protection zone 1 shall be the area within a one hundred foot (100') radius from the well or spring, or outside margins of the collection area;
d. Protection zone 2 shall be the area within a two hundred fifty (250) day ground water TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the ground water source (well or spring), or the ground water divide, whichever is closer;
e. Protection zone 3 shall be the area within a three (3) year TOT to the margins of the collection area, the boundary of the aquifer which supplies water to the ground water source (well or spring), or the ground water divide, whichever is closer;
f. Protection zone 4 shall be the area within a fifteen (15) year TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the ground water source (well or spring), or the ground water divide, whichever is closer.
2. In determining the location of properties and facilities within the areas and zones depicted on the drinking water source protection maps, the following rules shall apply:
a. Property located wholly or partially in a recharge area or a protection zone on the overlay map shall be governed by the restrictions applicable to that recharge area or protection zone.
b. Properties located within more than one recharge area or protection zone as shown on the overlay map shall be governed by the restrictions applicable to the most restrictive protection zone.
C. Review Of Recharge Area Protection Zone Map: The recharge area and protection zone map shall be reviewed at least one time every five (5) years, or more frequently if determined appropriate by the city. Failure to conduct this review shall not affect the validity of the existing approved maps. The basis for updating the maps may include, but is not limited to, the following:
1. Changes in technical or scientific knowledge in the areas of geohydrology, hydraulics and geology;
2. Changes in well field configuration;
3. Changes in pumping rates for the well field;
4. Development of new wells, well fields and/or springs;
5. Changes in water quality. (1991 Code § 13.12.040, as amended)
8-2-6: PERMITTED AND PROHIBITED USES:
A. Releases: No person shall discharge, or permit the discharge of, any regulated substances or petroleum products, whether treated or untreated, to soils, air, ground water or surface water in any recharge area or protection zone, that may have a deleterious effect upon the ground water in the city, unless the release is in compliance with federal, state and local regulations.
B. Review Of Development Plans: All development plans that lie within the primary recharge area and secondary recharge area, zones 1, 2, 3, and 4, shall be reviewed by the planning commission and city council. Any development that will result in a loss of the beneficial use of ground water or that may have an adverse or negative effect upon local ground water quality shall be rejected. Plans that are rejected may be revised by the developer and resubmitted to the city for subsequent review by a registered geologist. Developments that do not lie within either the primary or secondary recharge area and/or zones 1, 2, 3 and 4, may proceed with the development plan processing requirements of the city. The city shall be reimbursed for all expenses they incur in considering the request.
C. Permitted Uses: The following uses shall be allowed within the ground water protection zones:
1. All Zones And Recharge Areas:
a. Uses established before the effective date hereof, and used continuously and in the same manner thereafter, which uses may continue, subject to all of this chapter, provided any such use is not judged by any court of competent jurisdiction to be a nuisance under the provisions of federal, state or local laws or regulations;
b. Use of single- or multiple-family residential dwellings, commercial or institutional uses established on or after the effective date hereof, connected to a sanitary sewer system;
c. Uses incidental and accessory to the uses set forth in subsections C1a and C1b of this section.
2. Zone 4:
a. The tilling of the soil and the raising of crops, provided fertilizing and the use of pesticides is accomplished within federal, state and local guidelines;
b. The pasturing of livestock, provided all forage is raised on the pastured area;
c. Uses incidental and accessory to the uses set forth in subsections C2a and C2b of this section.
D. Prohibited Uses: Except uses established before the effective date hereof, and used continuously and in the same manner thereafter, which uses may continue, on or after the effective date hereof, the following uses or conditions shall be and hereby are prohibited within ground water protection zones and recharge areas, regardless of whether such uses or conditions may otherwise be included as part of a use allowed under this chapter:
1. Zones 1 And 2, And Primary Recharge Areas:
a. Sanitary sewer lines within one hundred fifty feet (150') of a wellhead or spring collection area, unless it meets all federal, state and city regulations and requirements;
b. Underground storage tanks;
c. Stormwater infiltration structures;
d. Any "pollution source", as defined in section 8-2-4 of this chapter, or in the Utah administrative code section R309-113;
e. Use of fertilizer, unless prior written approval by city.
2. Zones 1, 2, And 3, And Primary Recharge Areas: Agriculture industries, including, but not limited to, intensive feeding operations, such as feed lots, dairies, fur breeding operations, poultry farms, etc.
3. All Zones:
a. Surface use, storage or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use, subject to approval and/or inspections by local officials);
b. Sanitary landfills;
c. Hazardous waste or material disposal;
d. Septic tanks/drain field systems. (1991 Code § 13.12.050, as amended)
8-2-7: MANAGEMENT STRATEGIES AND PERFORMANCE STANDARDS:
A. Toxic, Hazardous And Other Materials Handling Regulations:
1. The general classes to be regulated under this chapter shall be those set forth in section 8-2-15 of this chapter, generic regulated substances list. The regulated substances shall include those set forth in the most current lists, as amended from time to time, entitled identification and listing of hazardous materials (40 CFR part 261, subpart D) and list of extremely hazardous substances (40 CFR part 355, appendix A and B) and which are in a form that they are, all or in part, capable of entering the ground water.
2. The use and storage of regulated substances in designated protection zones and recharge areas shall be allowed; provided, that the quantities of these substances do not exceed the "reportable quantity" for each regulated substance, as designated in 40 CFR 302 (pursuant to section 311 of the clean water act). An applicant may be exempted from the provisions of this section; provided, that he or she demonstrates to the department and to the Utah division of drinking water quality that the regulated substances pose no hazard to ground water.
B. Storage Containers:
1. All regulated substances shall be stored in suitable containers to reduce the chance for the substances to be accidentally introduced into the environment. These storage containers shall be product tight and, except where provided elsewhere in this chapter, shall be provided with a means to control spillage (primary containment) and to contain or drain off spillage and fire protection water discharged in the storage area (secondary containment).
2. Storage containers which are stored outside must be covered or mounted to prevent the accumulation of rain or other water on the top of the container, or the degradation of the top, sides or bottom of the container, in a manner that would lead to the reduction of the integrity of the container. Defective storage containers shall be removed from service for repair or disposal in accordance with local, state and federal standards.
C. Secondary Containment:
1. Where secondary containment is required, it shall be constructed of a material of sufficient structural integrity and composition to contain the required capacity of liquids and not be structurally weakened as a result of contact with the discharge of the regulated substance to be contained. The material shall be free of cracks, joints, gaps or other imperfections which would allow leakage through the containment material.
2. The secondary containment system shall have sufficient capacity to contain: a) ten percent (10%) of the volume of all containers and one hundred percent (100%) of the volume of the largest single container, whichever is greater; plus b) the design flow rate of the automatic fire extinguishing system (for 20 minutes) for the area or room in which the storage is located. If the storage area and/or containment area are open to rainfall, the secondary containment system must also accommodate the volume of a twenty four (24) hour rainfall, as determined by a 25-year storm frequency. Liquid that accumulates in the secondary containment system shall be removed in as timely a manner as necessary to prevent overflow of the system. Nonhazardous liquids may be drained in accordance with applicable local, state and federal regulations. If the collected material is a hazardous waste under title 40, part 261 of the code of federal regulations, it must be managed as a hazardous waste in accordance with all applicable requirements of parts 262 through 266 of that regulation.
3. Vacuum suction devices, absorbent scavenger materials or other devices approved by the department, shall be present on site or available to facilitate the removal or further containment of spilled regulated substances. Devices or materials shall be available in sufficient magnitude so as to at least control and collect the total quantity of regulated substances that the containment system is designed to contain. Emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances, plus absorbent material.
D. Regulated Substances Emergency Management Plan: An emergency plan shall be prepared and filed with the city manager, the fire department, the police department and the public utilities department, indicating the procedures that will be followed in the event of the release of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from discharging into any storm or sanitary drains or the ground. Facilities which have had, or appear to have had, unauthorized discharges to soil or ground water shall be required by the department to submit a regulated substances management plan for the facility. The written plan will be used to demonstrate to the department that the facility owner or operator understands the procedures and has the proper equipment to handle regulated substances within the guidelines of this chapter. The plan should not be implemented without the approval of the department.
E. Reporting Of Spills: Any spill of a regulated substance in excess of the nonaggregate quantity thresholds established by the list of hazardous waste (40 CFR part 261, subpart D) 40 CFR appendix VIII, hazardous constituents and EPA designation reportable quantities and notification requirements for hazardous substances under CERCLA (40 CFR 302, effective July 3, 1986), shall be reported by telephone to the city and designated water utility within one hour of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report shall be submitted to the city within seven (7) days of discovery of the spill.
F. Best Management Practices: Under the provisions of this chapter, all potential contamination sources within the city boundaries, shall incorporate and utilize best management practices (BMPs) in their operations. BMPs that reduce the potential for spills and leaks at a site to occur and enter ground water shall be construed within the context of this chapter, to include, but not be limited to, structural and nonstructural practices, conservation practices, and operation and maintenance procedures as specified by the Utah department of drinking water quality and the U.S. environmental protection agency.
G. Underground Storage Tanks (USTs):
1. Installation of any new underground storage tanks used to store regulated substances for either residential or nonresidential activities in recharge areas and protection zones designated under sections 8-2-5 and 8-2-6 of this chapter, shall require a secondary containment system for the tank and associated underground piping, and an automatic leak detection system.
2. A permit from division of environmental remediation and response shall be required for the removal or closure of USTs. The permit shall require that leaking tanks be pumped dry and removed from the ground by a state licensed company. If removal of the UST is not feasible, the lines shall be disconnected and capped and the tank shall be filled with an inert substance such as washed sand.
3. Best management practices implementation is required for all underground storage tanks.
H. Septic Tank Systems:
1. No person shall place, maintain or operate on site sewage disposal from a septic tank within the primary recharge area, zone 1, zone 2, or within three hundred feet (300') in which a public sewer is laid. Septic systems in zones 3 and 4 shall comply with the Utah state department of healthcare of waste disposal regulations, part IV and part V.
2. Nonresidential activities which have septic tank systems shall have installed a four inch (4") diameter vertical pipe with a locked cap or locked top in the top of the septic tank. This monitoring pipe shall be located in a manner which will permit ready access by department personnel to extract representative samples to check for improper/unauthorized disposal of regulated substances.
3. A septic holding tank that does not discharge into the soil would be preferred. The contents of a septic holding tank are removed, and can be treated or disposed of at an appropriate facility.
I. Sewage Collection, Transmission And Disposal:
1. No person shall discharge treated or untreated sewage in any area not specifically designated for that purpose by the department. The owner or operators of any wastewater treatment plant, sanitary sewer, force main, gravity sewer or lateral shall notify the department within twenty four (24) hours of discovering a break that may or does result in the leakage of sewage. Emergency telephone numbers will be prominently displayed on all sewage lift stations within zones 1, 2, 3, and 4, and the primary recharging area.
2. All leaking sewage collection and transmission pipes shall be repaired or replaced. New sewage collection and transmission pipes shall be installed according to acceptable construction standards and shall have routine inspections during and after construction.
3. No person shall place, maintain or operate a wastewater treatment plant within zones 1 or 2, and/or the primary recharge area.
J. General Stormwater Management:
1. All future stormwater management systems to be constructed and implemented for facilities within the protection zones and recharge areas shall be permitted in accordance with applicable local, state and federal laws and regulations.
2. The discharge of stormwater into drainage wells or open sinkholes shall be prohibited without some form of treatment. This treatment shall be applied to at least the first one-half inch (1/2") of runoff from the area tributary to the well or open sinkhole.
3. The clean water and stormwater regulations require municipalities and industries to identify, monitor and limit urban runoff that may enter rivers, thus potentially affecting ground water quality.
K. Landfills: Expansion or creation of landfills is prohibited in the primary recharge area, the secondary recharge area, and zones 1, 2, 3 and 4.
L. Environmental Quality Monitoring: Facilities which have had, or appear to have had, unauthorized releases to soil or ground water shall be required by the department to monitor soil and ground water in and adjacent to the facility. At the request of the department, the facility will submit a monitoring plan for department review. The plan shall be implemented with the approval of the department. Facilities that undergo closure may be required to monitor soil and ground water in and adjacent to the facility subject to closure. All costs associated with the closing and monitoring of the site will be paid for by the operator of the facility. (1991 Code § 13.12.060, as amended)
8-2-8: EXCLUSIONS AND EXEMPTIONS:
Exclusions and exemptions shall not pertain to zones 1 and 2 and within one hundred feet (100') from the well field and in the primary recharge areas.
A. Exclusions: The following substances are not subject to the provisions of this chapter; provided, that these substances are handled, stored and disposed of in a manner that does not result in an unauthorized release or cause contamination of the ground water:
1. Required substances stored at residences that do not exceed ten (10) pounds or five (5) gallons and used for personal, family or household purposes;
2. Commercial products limited to use at the site solely for office or janitorial purposes, when stored in total quantities of less than ten (10) pounds, or five (5) gallons;
3. Prepackaged consumer products available through retail sale to individuals for personal, family or household use, that are properly stored;
4. Water based latex paint;
5. Fertilizers and treated seed (except as noted in this chapter);
6. Required substances stored for residential uses for pesticide products and materials intended for use in weed abatement, pest control, erosion control, soil amendment or similar applications when applied in accordance with manufacturer's instructions, label directions and nationally recognized standards;
7. Compressed gases;
8. Substances or mixtures which may pose a hazard, but are labeled pursuant to the federal food, drug and cosmetic act.
B. Continuous Transit: The transportation of any regulated substance through any protection zone or recharge area shall be allowed; provided, that the transporting vehicle is in continuous transit.
C. Vehicular And Lawn Maintenance Fuel And Lubricant Use: The use of any petroleum product solely as an operational fuel in the vehicle or lawn maintenance fuel tank or as a lubricant in such a vehicle shall be exempt from the provisions of this chapter. These spent products shall be properly disposed of in compliance with applicable federal, state and local regulations. (1991 Code § 13.12.070, as amended)
8-2-9: INSPECTIONS; VIOLATIONS:
A. Inspections: The health department shall be granted the right, under this chapter, to enforce the provisions of this chapter for the city. An authorized officer of the city or the Bear River health department has the right to conduct inspections of facilities to determine compliance with this chapter. The authorized officer or the Bear River health department shall inform the department and other city entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the city and/or Bear River health department shall enforce the provisions of this chapter. Noncompliance with the provisions of this chapter is a violation. If the facility is not complying with the requirements of this chapter, penalties (e.g., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. This chapter regulates businesses within the protection zones and primary and secondary recharge areas within the city.
B. Content Of Notice Of Violation: Whenever it is determined that there is a violation of this chapter or the regulations promulgated pursuant hereto, the notice of violation shall:
1. Be in writing;
2. Be dated and signed by the authorized city agent that made the inspection or determined the violation;
3. Specify the violation or violations;
4. Provide a specific date that the violations will be corrected by;
5. State that if the violation is not corrected by a specific date a hearing may be requested before the department.
C. Written Warning: If a potential contaminant source (PCS) is out of compliance with the provisions of the chapter, but does not pose an immediate threat to public health, then a written warning of violation may be issued within thirty (30) days. The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the department if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the department has the authority to file a request for the department to initiate proceedings for issuance of penalties and other relief as necessary.
D. Service Of Notice: Any PCS or person found in violation of any provisions of this chapter will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance.
E. Spills, Leaks And Discharges: In the event of a spill, leak or discharge of a regulated substance, if the department deems the activity to pose a real and present danger of contaminating surface or ground water which would normally enter the public water supply, the department has the authority under this chapter to cause cessation of such activity or use of regulated substance, require administrative controls to mitigate such danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of this chapter if use of regulated substances in a protection zone or primary or secondary recharge area exceeds twenty (20) gallons or one hundred sixty (160) pounds at any time. The total use of regulated substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period. (1991 Code § 13.12.080, as amended)
F. Penalty: Violations of the provisions of this chapter constitute a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (1991 Code § 13.12.080, as amended; amd. 2009 Code)
8-2-10: APPEALS:
A. Written Warning: Persons cited under the enforcement provisions of section 8-2-9 of this chapter shall be afforded a process for appealing the ruling of the department. If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the PCS can submit to the department a written statement demonstrating compliance or explaining a process for coming into compliance. This written response is required no later than thirty (30) days from the date of issuance of the warning.
B. Cease And Desist Order: If the appeal pertains to a cease and desist order issued by the department, the PCS can submit a written appeal response no later than ten (10) days from the date of issuance of the order. The written appeal shall contain:
1. Documentation of compliance; or
2. Response to specific violations cited in the cease and desist order and the remedial actions planned to bring the facility into compliance; and
3. Schedule for compliance.
C. Review And Response: Upon receipt of the written appeal, the department shall be required to review the appeal within ten (10) days of its receipt and respond to the PCS. If the department determines that the written response from the PCS is adequate and noncompliance issues are addressed, the PCS will be notified by mail and no further action is required. If the department determines that the appeals response is inadequate, the PCS may request a hearing before the department. This hearing shall be held within thirty (30) days of receiving the cease and desist order which shall remain in effect until the hearing is conducted. (1991 Code § 13.12.080, as amended)
8-2-11: DISPUTES:
Disputes arising from the delineation of DWSP zones and primary and secondary recharge areas shall be directed to the drinking water source protection review committee to review specific detailed delineation maps showing the boundaries. (1991 Code § 13.12.090, as amended)
8-2-12: ABROGATION AND GREATER RESTRICTIONS:
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other restrictions, including land use codes or development regulations, conflict or overlap, whichever imposes the most stringent restrictions shall prevail. (1991 Code § 13.12.090, as amended)
8-2-13: REVIEW OF PROVISIONS:
The city drinking water source protection review committee shall review the provisions of this chapter at least once every five (5) years, or more frequently if determined appropriate by the city, to determine its applicability and may incorporate changes as deemed appropriate. (1991 Code § 13.12.090, as amended)
8-2-14: LIABILITY:
Any person subject to regulation under this chapter shall be liable with respect to regulated substances emanating on or from the person's property for all cost of removal or remedial action incurred by the city and/or Bear River health department, and for damages for injury to, destruction of, or loss of, natural resources, including the reasonable cost of assessing such injury, destruction, or loss from the release or threatened release of a "regulated substance", as defined by section 8-2-4 of this chapter. Such removal or remedial action by the city and/or Bear River health department may include, but is not limited to, the prevention of further contamination of ground water, monitoring, containment and clean up, or disposal of regulated substances resulting from spilling, leaking, pumping, pouring, emitting or dumping of any regulated substance or material which creates, or is expected to create, an emergency hazardous situation. (1991 Code § 13.12.100, as amended)
8-2-15: GENERIC REGULATED SUBSTANCE LIST:
Acid and basic cleaning solutions.
Animal dips.
Antifreeze and coolants.
Arsenic and arsenic components.
Battery acids.
Bleaches and peroxide.
Brake and transmission fluid.
Brine solution.
Casting and foundry chemicals.
Caulking agents and sealants.
Cleaning solvents.
Corrosion and rust preventatives.
Cutting fluids.
Degreasing solvents.
Disinfectants.
Dyes.
Electroplating solutions.
Engraving and etching solutions.
Explosives.
Fertilizers.
Fire extinguishing chemicals.
Food processing wasters.
Formaldehyde.
Fuels and additives.
Glues, adhesives and resins.
Greases.
Hydraulic fluid.
Indicators.
Industrial and commercial janitorial supplies.
Industrial sludges and stillbottoms.
Inks, printing, and photocopying chemicals.
Laboratory chemicals.
Liquid storage batteries.
Medical, pharmaceutical, dental, veterinary and hospital solutions.
Mercury and mercury compounds.
Metal finishing solutions.
Oils.
Painting solvents.
Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds.
Pesticides and herbicides.
Photo development chemicals.
Plastic resins, plasticizers and catalysts.
Poisons.
Polishes.
Polychlorinated biphenyls (PCBs).
Pool chemicals.
Processed dust and particulates.
Radioactive sources.
Reagents and standards.
Refrigerants.
Roofing chemicals and sealers.
Sanitizers, disinfectants, bactericides and algaecides.
Soaps, detergents and surfactants.
Solders and fluxes.
Stripping compounds.
Tanning industry chemicals.
Transformer and capacitor oils and fluids.
Wastewater.
Water and wastewater treatment chemicals. (1991 Code § 13.12.120, as amended)