HomeMy WebLinkAboutDDW-2024-008027 76
Model City Ordinance
Whereas:
• siting of land uses that have the potential to release hazardous waste, petroleum products, or
other contaminants significantly increases the risk of contamination; and
• poor management practices, accidental discharges, and improper maintenance of these facilities
may lead the release of pollutants; and
• discharges of hazardous wastes, leachate, pathogens, and other pollutants have repeatedly
threatened surface and ground water quality throughout Utah; and
• surface and ground water resources in the City/Town of [city/town] contribute to the town's
drinking water supplies;
• therefore, the City/Town of [city/town] adopts the following regulation, under its authority as
specified in Utah Code Section 19-4-113 and/or 10-8-15, as a preventative measure for the
purposes of:
• preserving and protecting the City/Town of [city/town]'s drinking water resources from
discharges of pollutants; and
• minimizing the risk to public health and the environment to the City/Town due to such
discharges.
BE IT ORDAINED by the Mayor and Council of the City of ____________________ in
Council duly assembled and it is hereby ordained by the authority of same, and by authority of Utah
Code Section 19-4-113 Water source protection ordinance required, that the following ordinance
known as the Drinking Water Source Protection Ordinance is adopted and made a part of the Code
of Ordinance of the City of _________________, to wit:
Section 1. Short title and purpose.
(a) This ordinance shall be known as the "Drinking Water Source Protection Ordinance."
(b) The purpose of this ordinance is to insure the provision of a safe and sanitary drinking
water supply for the City by the establishment of drinking water source protection zones surrounding
all wellheads and springs within the municipal boundary, and by the designation and regulation of
property uses and conditions which may be maintained within such zones.
Section 2. Definitions.
When used in this ordinance the following words and phrases shall have the meanings given
in this Section:
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(a) Controlled – means that a physical, regulatory, negligible quantity, or best management
practice control, as defined in Utah UAC R309-600, exists to prevent the discharge of contaminated
or hazardous substances from a pollution source or potential contamination source. If no such control
exists, the pollution source or potential contamination source is ipso facto uncontrolled.
(b) Design standard - means a control that is implemented by a potential contamination
source to prevent discharges to the ground water. Spill protection is an example of a design standard.
(c) Pollution source - means 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.
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, sanitary landfills, open dumps, land filling of sludge and
septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten animal
units
(d) Potential contamination source - means any facility or site which employs an activity or
procedure which may potentially contaminate ground water, whether it currently does or not. A
pollution source is also a potential contamination source.
(e) Protected Aquifer – means "Protected aquifer" means a producing aquifer in which the
following conditions are met:
(i) A naturally protective layer of clay, at least 30 feet in thickness, is present above the
aquifer;
(ii) the clay layer is demonstrated to be laterally continuous to the extent of zone two; and
(iii) the public-supply well is grouted with a grout seal that extends from the ground
surface down to at least 100 feet below the surface, and for a thickness of at least 30 feet through
the protective clay layer.
An aquifer not meeting these criteria is considered “unprotected”
(f) Regulatory agency - means any governmental agency with jurisdiction over hazardous
waste as defined herein.
(g) Sanitary landfill - means a disposal site where solid wastes, including putrescible wastes,
or hazardous wastes, are disposed of on land by placing earth cover thereon.
(h) Septic tank/drain-field systems - means a system that is comprised of a septic tank and a
drain-field that accepts domestic wastewater from buildings or facilities for subsurface treatment and
disposal. By their design, septic tank/drain-field system discharges cannot be controlled with design
standards.
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(i) Wellhead - means the upper terminal of a well, including adapters, ports, seals, valves and
other attachments.
Section 3. Establishment of drinking water source protection zones. There are hereby-
established use districts to be known as zones one and two (three and four) of the drinking water
source protection area identified and described as follows:
(a) Zone one is the area within a 100-foot radius from the wellhead or spring.
(b) Zone two is the area within a 250-day ground-water time of travel to the wellhead or
spring, the boundary of the aquifer(s) which supplies water to the ground-water source, or the
ground-water divide, whichever is closer.
(Optional:
(c) Zone three (waiver criteria zone) is the area within a 3-year ground-water time of travel
to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water
to the ground-water source, or the ground-water divide, whichever is closer.
(d) Zone four is the area within a 15-year ground-water time of travel to the wellhead, the
boundary of the aquifer(s) which supplies water to the ground-water source, or the ground-water
divide, whichever is closer.)
Section 4. Permitted uses. The following uses shall be permitted within drinking water
source protection zones:
(a) Any use permitted within existing agricultural, single family residential, multi-family
residential, and commercial districts so long as uses conform to the rules and regulations of the
regulatory agencies.
(b) Any other open land use where any building located on the property is incidental and
accessory to the primary open land use.
Section 5. Prohibited uses. The following uses or conditions shall be and are hereby
prohibited within drinking water sources protection zones, whether or not such use or condition may
otherwise be ordinarily included as a part of a use permitted under Section 4 of the ordinance.
(a) Zone one (for all aquifer types) - The location of uncontrolled potential contamination
sources or pollution sources as defined herein.
(b) Zone two (in unprotected aquifers) - The location of pollution sources as defined herein,
unless their contaminated discharges are controlled with design standards.
(prohibitions or restrictions in zones 3 and 4 at the option of local government)
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Section 6. Administration. The policies and procedures for administration of any source
protection zone established under this ordinance, including without limitation those applicable to
nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the
existing zoning ordinance for the City of _______________________, as the same is presently
enacted or may from time to time be amended.
Section 8. Enforcement: Pursuant to UCA Section 19-4-113(3)(c), if a retail water
supplier or wholesale water supplier notifies the city of a violation of the ordinance, and the city
within ten days of receiving the notice advises the supplier that it will not seek enforcement of
the ordinance, the supplier may proceed to enforce the ordinance in the district court. If the city
does not respond within ten days of receiving the notice, it will be deemed that the city will not
seek enforcement of the ordinance, and the supplier may proceed to enforce the ordinance in the
district court. If the city notifies the supplier within ten days of receiving the notice that it will
seek enforcement of the ordinance, the supplier may not take enforcement action. Where a
violation of the ordinance may cause irreparable harm to the groundwater source, a retail water
supplier or wholesale water supplier may seek enforcement in the district court, if the city does
not seek enforcement within two days of receiving a notice of the violation from the supplier.
Section 8. Alleged Overly Protective Zones: If a party disagrees with the boundaries of a
drinking water source protection zone, such boundaries may be disputed according to the following
procedure:
(a) Applicant submits written comments to the public drinking water system stating the
reasons that the protection zone boundaries are being disputed.
(b) If the public drinking water system concurs, it may authorize a new hydrogeologic
investigation at the expense of the one disputing the delineations or elect to conduct a new
hydrogeologic investigation at its own expense if it appears that the boundary was established
without considering geologic/hydrogeologic data.
(c) If the public drinking water system declines to authorize a new hydrogeologic
investigation, the applicant may appeal this determination to the City. In the event that the City
authorizes a new investigation, it shall be conducted at the expense of the applicant.
(d) Upon completion, the new hydrogeologic investigation shall be submitted to the Utah
Division of Drinking Water for review.
(e) If the Division of Drinking Water finds that the new hydrogeologic investigation is
sufficiently protective, the City may enforce this ordinance according to the new hydrogeologic
investigation.
This Ordinance shall be effective as of ________________(date). All ordinances and parts or
ordinances in conflict herewith shall not be and the same are hereby repealed.
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ENACTED AND ADOPTED this _______ day of _____________, 20__.
____________________________________
Mayor
Attest: ____________________________________
City Clerk