(a) Article 25 of the Village of Ada Zoning Code is incorporated herein and by this reference applies to land within the “WP” Wellhead Operation/Protection District.
(c) Management of Regulated Substances. No person shall place, deposit or permit to be deposited, store, process, use, produce, dispose of, transport or discharge, hereinafter referred to as “handle” any regulated substance on public or private property within the “WP” Wellhead Operation/Protection District, except as provided by law, statute, ordinance, rule or regulation. With the exception of single-family residences or two-family residences wherein the regulated substances are for the normal and customary maintenance of the residence or vehicles under the control of the occupant, the use of any land, building or structure in the “WP” Wellhead Operation/Protection District in which any regulated substances are handled and for which an occupancy certificate has not been issued is hereby determined to be a dangerous public nuisance. Any violation of this section is hereby determined to be a nuisance and must be abated.
(d) Public Water Supply Protection Authority. If any activity or use of regulated substance is deemed by the Zoning Inspector and/or the Village Administrator to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the Zoning Inspector is hereby authorized to:
(1) Cause cessation of said activity or use of the regulated substances;
(2) Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or
(3) Cause the provision or pollution control and/or abatement activities.
When considering the exercise of any of the above authorities or actions, the Zoning Inspector shall consult the Village Administrator. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonable and adequately protected from contamination for the present and the future. The Zoning Inspector 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.
(e) Inspections. Subject to applicable provisions of law, the Zoning Inspector or authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling and records examination pertaining to the requirements of Section 1164.01 through 1164.09 of this chapter. Upon the request of the entity which is the subject of the inspection, and if permitted by the state public records law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Zoning Inspector, the Zoning Inspector may apply to a court of competent jurisdiction for an appropriate warrant to other authority to enter said property, but no consent is necessary for entry into areas then open to the public or to customers.
(f) Technical Consultants. Upon application for a zoning certificate for a use with this district, the Zoning Inspector may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All reasonable costs, as determined by the Village of Ada, incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged to review an application for a zoning certificate.
(Ord. 2011-02. Passed 3-1-11.)