§ 7-85 Wellhead Protection.
   (a)   Application. This section shall apply to all circumstances which can affect the aquifer serving the City's wells.
   (b)   Definitions. For purpose of this section, the following terms, phrases and words are defined herein. Words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word “shall” is always meant to be mandatory and not merely directory.
      Municipal Water Utility/Utility, Carmel Utilities. The City of Carmel Municipal Water Utility.
      Local Planning Team (LPT) for Wellhead Protection. As provided by the Federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM), the City did form a Local Planning Team (LPT) for Wellhead Protection for the purpose of fulfilling the requirements of the Wellhead Protection Act (WPA). This was done for the purpose of protecting the public water supply for the City. The LPT is an ongoing group of local citizens appointed by the Mayor. The LPT has official functions as stated in WPA of Indiana. The LPT has, in its official capacity, petitioned the City to place into law the following regulations to safeguard the public drinking water supply.
   (c)   Powers. Upon notice, either oral or written, that the LPT has determined that circumstances exist which may, or do, give rise to concern for the safety of the aquifer, the City shall be empowered to determine the necessary regulations to enforce.
   (d)   Enforcement. For each day of non-compliance with this section which presents a hazard to the aquifer serving the City water supply, an individual, organization, and/or business may be fined $1,000 a day. Such fines may remain in effect until such revisions are completed to be in compliance with this section. Violations of this section shall be cited by the Carmel Municipal Metropolitan Police Department or Carmel Utilities employee.
   (e)   Regulation regarding lakes, ponds, or water impoundments.
      (1)   All lakes, ponds, or other water impoundment of any kind located within the “one year time of travel” as defined on the current map defining such time of travel shall be sealed. No lakes, ponds, or other water impoundments of any kind shall be allowed within the 200-foot radius of a wellhead.
      (2)   All lakes, ponds, or other water impoundments of any kind shall be sealed according to current specifications as adopted by the LPT.
      (3)   A core inspection of compacted clay sealing systems shall be obtained at the developer's expense by a field inspector trained in soils testing from one of the following:
         a)   Carmel Utilities.
         b)   The Hamilton County Health Department.
         c)   A certified laboratory.
      (4)   The inspector shall approve or reject the sealing system according to the most recent specifications required and the method of installation as defined by the LPT. Sampling shall be a minimum of one sample per acre or fraction thereof and a minimum of two samples per pond. Laboratory testing of permeability will be required only if the inspector has a question of compliance. The inspector may recommend the Carmel Utilities require the contractor to have a qualified laboratory run a permeability test. Any laboratory fees will be at the contractor's expense.
      (5)   Notification shall be provided on a completed Carmel Utilities Sealing Inspection Report to Carmel Utilities 48 hours in advance of the inspection. A signed copy of the Inspection Report shall be provided Carmel Utilities within 48 hours of completion of the inspection.
      (6)   Disputes shall be resolved by a licensed soils engineer found to be acceptable to all parties.
   (f)   Regulation regarding roadways within the wellhead area. Any roadway located contiguous to or within the 200-foot radius of a wellhead used and/or owned by the City for production of drinking water shall be constructed according to the most recently approved LPT specifications.
   (g)   Regulation regarding land use within the wellhead area. There shall be no activity or encroachment within the 200-foot radius of a wellhead area owned by the City without the approval of the LPT.
   (h)   Sunset clause. This section shall become in no force and effect in the event that another jurisdiction or administrative agency with regulatory powers over the issue of wellhead protection and exerting control over public water wells in the City's jurisdiction shall put into effect an ordinance that regulates wellhead protection.
   (i)   Saving clause. In the event any provision of this section shall be declared by any court of competent jurisdiction to be void or unenforceable, the same shall not affect the remaining provisions of this section.
   (j)   Effective date. This section shall be in full force and effect from and after its passage by the Common Council, execution by the Mayor, and such publication as is required by law.
(`91 Code, § 7-85) (Ord. A-61, 11-6-95; Ord. D-1663-04, 3-15-04; Ord. D-2505-19, 12-16-19)