(A) Except for single-family residences (with sewage flows under 750 gallons per day), all development shall be connected to municipal sanitary sewers or combined sewers. Floor drains, if present, must be connected to sanitary sewers or combined sewers or routed to a temporary holding area for removal.
(B) No surface impoundments, pits, ponds or lagoons shall be established, except for:
(1) Storm water detention and retention ponds; and
(2) Recreation, landscaping, or public water supply purposes.
(C) In Zone 1, detention and retention ponds shall be constructed in a manner that provides an effective barrier to the migration of potential ground water contaminants into ground water.
(D) The following restrictions apply to new storage areas in Zone 1.
(1) No above ground storage of liquid and/or petroleum of greater than 1,000 gallons in aggregate is permitted.
(2) No storage of water-soluble solids of more than 6,000 pounds per container in any one containment area is permitted.
(3) No new underground storage tanks (USTs) are permitted.
(E) All above ground storage of liquids in excess of 40 gallons for more than 24 hours within Zones 1 and 2 must provide secondary containment which meets the following requirements.
(1) Containment must be capable of containing 110% of the volume of the tank or tanks.
(2) Constructed to meet one of the following:
(a) Designed to prevent and control the escape of the contaminant(s) into ground water for a minimum of 72 hours before removal; or
(b) Designed and built with an outer shell and a space between the tank wall and outer shell that allows and includes interstitial monitoring.
(3) The secondary containment structure shall be properly maintained and shall be free of vegetation, cracks, open seams, open drains, siphons or other openings that jeopardize the integrity of the structure.
(4) Secondary containment systems shall be designed so that the intrusion of precipitation is inhibited or that storm water is removed to maintain system capacity.
(F) In Zone 1, the following requirements apply to existing fuel dispensing facilities and associated underground storage tanks (USTs) which are to be replaced or upgraded.
(1) All USTs shall be double walled.
(2) All USTs shall include the following three methods of release detection:
(a) Inventory control, as defined in 40 C.F.R. § 280.43(a);
(b) Monthly 0.2 in-tank leak test as defined in 40 C.F.R. § 280.43(d); and
(c) Interstitial monitoring of a double walled approved UST as defined by 40 C.F.R. § 280.43(g).
(3) Connected piping must include the following three methods of release detection:
(a) Inventory control;
(b) Continuous detection for three-gallon per hour line leak, as specified in 40 C.F.R. § 280.44(a), except that automatic shut off is required at 95% tank capacity; and
(c) Double walled line which is continuously monitored to detect the presence of liquid in the interstitial space and provided an alarm as specified in 40 C.F.R. § 280.44c, via 40 C.F.R. § 280.43g.
(G) In Zone 2, the requirements of 40 C.F.R. part 280 apply to all existing, registered USTs that are replaced or upgraded and USTs installed at new fuel dispensing facilities. In addition, the construction standards of 40 C.F.R. part 280, applicable to non-petroleum USTs, shall be applicable to the following in Zone 2:
(1) Tanks that are covered by state or federal hazardous waste regulations; and
(2) Heating oil tanks for on-site use.
(H) All Class V injection wells (including, but not limited to, dry wells, large-capacity cesspools, motor vehicle waste disposal wells or other injection wells as defined at 40 C.F.R. part 146) shall be prohibited with the exception of the following:
(1) Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump, if non-contact;
(2) Cooling water return flow wells used to inject water previously used for cooling, if non-contact;
(3) Barrier recharge wells used to replenish the water in an aquifer or to improve ground water quality; provided, the injected fluid does not contain potential ground water contaminants; and
(4) Wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power, if non-contact.
(I) The transfer area for bulk delivery of liquids shall be required to accommodate and contain a release that occurs during loading and unloading of a tank as follows.
(1) The liquid transfer area shall be constructed in a manner to prevent a release in the transfer area from reaching the ground water.
(2) The portion of the liquid transfer area intended to contain releases shall be maintained so that it is free of vegetation, cracks, open seams, open drains, siphons or other openings that jeopardizes the integrity of the area.
(J) No disposal of solid waste, as defined at 329 I.A.C. 10-2-174 shall be permitted in either Zone 1 or Zone 2.
(K) The following requirements apply to all excavation activities associated with the removal of sand and gravel materials.
(1) If the extraction of sand and gravel involves the removal of materials below the normal ground water level, the work shall be performed by means of a dragline, floating dredge or an alternative “wet” excavation method.
(2) There shall be no de-watering of sites utilized for sand and gravel extraction.
(3) No form of solid waste (as defined at 329 I.A.C. 10-2-174) or any other form of waste material of any kind, including, but not limited to, construction/demolition debris, shall be used on the site. Clean natural earth fill materials may be used without restriction as to origin or placement on-site.
(4) All fuels, oils, lubricants, hydraulic fluids, petroleum products or other similar materials on site shall have appropriate secondary containment, as specified in division (E) above.
Cross-reference of Development Standards and Prohibitions by Land Use and Zoning District | ||
Land Use | Protection Zone | |
Zone 1 (One Year TOT) | Zone 2 (Five Year TOT) | |
Cross-reference of Development Standards and Prohibitions by Land Use and Zoning District | ||
Land Use | Protection Zone | |
Zone 1 (One Year TOT) | Zone 2 (Five Year TOT) | |
Class 5 injection wells (e.g., dry wells) | Prohibited | Prohibited |
Detention and retention basins (e.g., pits, ponds and lagoons) | Allowed - Must be lined | Allowed |
Existing ASTs | Allowed - Must have secondary containment at 110% of volume | Allowed - Must have secondary containment at 110% of volume |
Existing USTs | Allowed - Must be double-walled - Must Include leak detection (40 C.F.R. § 280.43) - Must have release detection on connection piping (40 C.F.R. § 240.44) | Allowed - Must meet all requirements of 40 C.F.R. part 280 |
Liquid transfer areas | Allowed - Must prevent release to ground - Must be appropriately maintained | Allowed - Must prevent release to ground - Must be appropriately maintained |
New ASTs (>1,000 gallons) | Prohibited | Allowed - Must have secondary containment at 110% of volume |
New ASTs (<1,000 gallons) | Allowed - Must have secondary containment at 110% of volume | Allowed - Must have secondary containment at 110% of volume |
New USTs | Prohibited | Allowed - Must meet all requirements of 40 C.F.R. part 280 |
On-site sewage disposal (commercial facilities) | Prohibited | Prohibited |
Sand and gravel mining | Allowed - Must use “wet” excavation - Excavation can be filled only with clean fill | Allowed - Must use “wet” excavation - Excavation can be filled only with clean till |
Sanitary land fills | Prohibited | Prohibited |
Storage of water soluble solids | Prohibited (in excess of 6,000 lbs) | Allowed - Must prevent release to ground - Be appropriately maintained |
Surface impoundments | Prohibited - Exceptions for storm water, recreation and the like | Prohibited - Exceptions for storm water, recreation and the like |
(Ord. 2002-05, passed 12-30-2002, § 5.9)