Purpose. The purpose of this chapter is to institute land use regulations and restrictions to protect the city’s water supply and well fields, restrict the location of potential source of contamination in close proximity to the water supply and to promote public health, safety and general welfare of the residents of the City of Cascade.
Definitions. The following terms are defined for use in the chapters in this code of ordinances pertaining to the Wellhead Protection Regulations.
1. Aquifer means a rock formation, group of rock formations or part of a rock formation that contains enough saturated permeable material to yield significant quantities of water.
2. Alluvium means sand, clay, ect., gradually deposited by moving water.
3. Contamination means the presence of harmful or deleterious substances in the water supply.
4. Groundwater means subsurface water in the saturated zone from which wells, springs and groundwater runoff are supplied.
5. Hazardous Substances mean those materials specified in Substances Regulated in this chapter.
6. Flow System Boundaries means a delineation criterion that uses groundwater divides, surface water bodies or other hydrologic/physical features to delineate a Wellhead Protection Area.
7. Labeled Quantities means the maximum quantity of chemical as recommended on the label for specific applications.
8. Person means any natural person, individual, public or private corporation, firm association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever or any combination of such jointly or severally.
9. Petroleum Product means fuels (gasoline, diesel fuel, kerosene and mixtures of these products), lubricating oils, motor oils, hydraulic fluids, solvents and other similar products.
10. Pollution means the presence of any substance (organic, inorganic, radiological, or biological) or condition (temperature, pH, turbidity) in water that tends to degrade usefulness of the water.
11. Potable Water means water that is satisfactory for drinking, culinary and domestic purposes meeting current drinking water standards.
12. Primary Containment means the first level of product-tight containment, i.e. the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
13. Public Utility means any utility (gas, water, sewer, electrical, telephone, cable television, ect.) whether publicly owned or privately owned.
14. Secondary Containment means the level of product-tight containment external to and separate from the primary containment. Secondary containment shall consist of leakproof trays under containers, floor curing or other containment systems and shall be of adequate size and design to handle all spills, leaks, overflows and precipitation until appropriate action can be further taken. The specific design and selection of materials shall be sufficient to preclude any substance loss. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented.
15. Shallow Well means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point 25 feet below the normal ground surface.
16. Time Related Capture Zone means the surface of subsurface area surrounding a pumping well(s) that will supply groundwater recharge to the well(s) within some specified period of time.
17. Toxic Substance means any substance that has the capacity to produce personal injury or illness to humans through ingestion, inhalation, or absorption into the body.
18. Transit means the act or process of passing through the wellhead protection zones, where the vehicle in transit may be parked (within the wellhead protection area) for a period not to exceed two (2) hours.
19. Water Pollution means the introduction in any surface or underground water or any organic or inorganic deleterious substance in such quantities, proportions and accumulations that are injurious to human plant, animal fish and other aquatic life or property or that unreasonably interferes with the comfortable enjoyment of life or property or the conduct of business.
20. Well means a pit or hole sunk into the earth to reach a resource supply such as water.
21. Well Field means a tract of land that contains a number of wells for supplying water.
22. Wellhead Protection Zones means zones delineated fixed radii criterion around wellheads within which toxic substances will be regulated to protect the quality of the underground source.
23. Zone of Contribution means the area surrounding a pumping well that encompasses all areas or features that supply groundwater recharge to the well.
SUBSTANCES REGULATED. The materials regulated by this ordinance shall consist of the following:
1. Substances listed in 40 CFR Section 302.4 List of Hazardous Substance and Reportable Quantities.
2. Substances listed by the Iowa Labor Commission pursuant to Section 898.12 of the Iowa Code (Hazard Chemicals Risks-Right to Know).
3. Substances listed in 40 CFR Section 261, subparts A,B,C, and D Federal Hazardous Waste List.
MAPS OF ZONES OF INFLUENCE.
1. Maps. Zone of Protection maps and any amendments thereto are incorporated by reference and made part of this ordinance. These maps shall be on file at city hall. At the time of adoption of this ordinance the location of all wells in Cascade supplying potable water to the water service system shall be located on the official Wellhead Protection Map with primary zone, secondary zone and zone or sensitivity indicated.
2. Map Maintenance. The zone of protection maps may be updated on an annual basis. The basis for such an update may include but not limited to the following:
A. Changes in technical knowledge concerning the aquifier.
B. Changes in permitted pumping capacity of city wells.
C. Addition of wells or elimination of existing wells.
D. Designation of new well fields.
3. Wellhead Protection Zones. The zones of protection indicated on the zone of protection maps are as follows:
A. Primary Protection Zone. The area within the two (2) year time related capture zone of any well supplying potable water to the Cascade water service system.
B. Secondary Protection Zone. The area within the ten (10) year time related capture zone, excluding the Primary Protection Zone of any well supplying potable water to the Cascade water service system.
C. Zone of Sensitivity. The area within the twenty (20) year time related capture zone, excluding the Primary and Secondary Protection Zones from any well supplying potable water to the Cascade water service system.
RESTRICTIONS WITHIN THE PRIMARY PROTECTION ZONE.
1. Permitted Uses. The following uses are permitted uses withing the Primary Protection Zone. Uses not listed are to be considered prohibited.
A. Industrial buildings within the City of Cascade provided there is no on-site waste disposal or fuel storage tank facilities associated within this use and the Iowa DNR “separation of distances for wells” for sources of contamination is complied with. All sites must comply with the restrictions and covenants set by the City of Cascade.
B. Playground parks.
C. Wildlife areas, open spaces.
D. Lawns and gardens.
E. Non-motorized trails such as biking, skiing, nature and fitness trails.
2. Additional restrictions are as follows:
A. No person shall discharge or cause or permit the discharge of a hazardous substance to soils, groundwater or surface water within the Primary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the Wellhead Protection Officer.
B. Any person(s) responsible for discharging or causing or permitting such discharge of hazardous substances will be financially responsible for all environmental clean up costs and may be subject to fines as specified in this ordinance.
C. No person shall discharge or cause or permit the discharge of fertilizers or pesticides in excess of labeled quantities to the soils, groundwater or surface water within the Primary Protection Zone. Any person knowing of having evidence of a discharge shall report such information to the Wellhead Protection Officer.
RESTRICTION WITHIN THE SECONDARY PROTECTION ZONE.
1. Permitted Uses. The following uses are permitted in the Secondary Protection Zone. Uses not listed are to be considered prohibited.
A. All uses listed as permitted in the Primary Protected Zone.
B. Sewer – residential and commercial.
C. Above ground storage tanks when in compliant with state fire marshal’s regulations.
D. Basement storage tanks.
E. Livestock grazing and field cropping activities.
2. Additional Restrictions are as follows:
A. No person shall discharge or cause or permit the discharge of a hazardous substance to the soils, groundwater or surface water within the Secondary Protection Zone. Any person knowing or having evidence or a discharge shall report such information to the Wellhead Protection Officer.
B. Any person(s) responsible for discharging or causing or permitting such discharge of hazardous substances will be financially responsible for all environmental cleanup costs and may be subject to fines specified in this ordinance.
C. Any person who stores, handles, produces or uses chemicals within the Secondary Protection Zone shall make available the relevant MSDS sheets to the Wellhead Protection Officer regardless of their status under EXCEPTIONS section.
EXCEPTIONS.
1. The following activities or uses are exempt from the provisions of this ordinance.
A. The transportation of any hazardous substance through the well field protection zones provided the transporting vehicle is in transit.
B. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.
C. Fire, police, emergency medical services, emergency management center facilities or public utility transmission facility.
D. Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers only in the Secondary Protection Zone and the Zone of Sensitivity.
E. Consumer products limited to use at a facility solely for janitorial or minor maintenance purposes.
F. Consumer products located in the home which are used for personal, family or household purposes.
G. The storage and use of hazardous substances as fuel or lubricant to provide auxiliary power for emergency use to the well field provided an enclosed secondary containment system is provided for the hazardous substance.
H. The use of water treatment chemicals connected with the operation of the well or plant.
2. The use of structures or facilities existing at the time of the adoption of the ordinance codified by this chapter may be continued even though such use may not conform with the regulations of the chapter. However, the storage and use of hazardous substances within the primary protection zone must provide an enclosed secondary containment system. Such structure or facility may not be enlarged, extended, reconstructed or substituted subsequent to adoption of said ordinance exemption is granted by city council.
3. Any person who engages in nonresidential activities relating to the storage, handling, use and/or production of any toxic or hazardous substances who is exempt from this ordinance by law shall not be subject to the restriction contained herein.
4. All requests for permits or special exceptions in the Cascade Wellhead Protection Zones must be made in writing to the city council. All requests must include a list of all hazardous chemicals (MSDS sheets will be available upon request) to be stored, handled used or produced under the permit or special exception. All requests may be required to include an environmental assessment report at the discretion of city council. Any exemptions or permits granted will be made conditional and may include environmental monitoring and cleanup costs. The exemption or permit will be made void if environmental and/or safety monitoring indicated that the facility or activity is emitting any releases of harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs.
DETERMINATION OF LOCATIONS WITHIN ZONES.
1. In determining the location of properties within the zones depicted on the Zone Protection Map, the following rules shall apply:
A. Properties located wholly within one (1) zone reflected on the applicable Zone of Protection Map shall be governed by the restrictions applicable to that zone.
B. For properties having parts lying within more than one (1) zone as reflected on the applicable Zone of Protection Map, each part shall be governed by the restrictions applicable to the zone in which it is located.
ENFORCEMENT AND PENALTIES.
1. The water superintendent is designated as the Wellhead Protection Officer unless another person is specifically designated by the city council to supervise the implementation and enforcement of this ordinance.
2. The Wellhead Protection Inspector(s) shall be the water superintendent.
3. No building permit shall be issued which is a violation of the Iowa DNR “Separation Distance From Wells” as modified under Iowa Code as IAC [567] 43.3 (7) Table A. ‘Separation Distances’ or its replacement, a violation of this ordinance or a source of contamination for a city well.
4. No new underground tank(s) will be allowed for auxiliary fuel storage in the Primary or Secondary Zones.
5. Any person, firm or corporation who fails to comply with the provisions of this chapter shall be subject to the provision and penalties provided therein.
INSPECTIONS.
1. The Wellhead Protection Inspector(s) shall have the power and authority to enter and inspect all buildings, structures and land within all wellhead protection zones for the purpose of making an inspection. Failure of a person having authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the protection officer or inspector to inspect such premises.
2. In the event a building or structure appears to be vacant or abandoned and the owner cannot be readily contacted in order to obtain consent for an inspection, the officer or inspector may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection thereof.
3. The Wellhead Protection Officer or inspector shall inspect each city well annually and shall maintain an inventory if applicable of all hazardous substances which exist within the Primary and Secondary Protection Zones. One format that may be used is the Iowa DNR Form, OMB No. 2050-0072. MSDS sheets on these chemicals will be made to the inspector.
NOTICE OF VIOLATION AND HEARING.
1. Whenever the officer or inspector determines that there is a violation of this ordinance, he/she shall give notice thereof in the manner hereinafter provided:
A. A notice of violation shall be in writing, be dated and signed by the officer/inspector, specify the violation(s) and date said violation shall be corrected within ten (10) days of the date on which the inspector issued the notice.
B. Failure of the responsible person(s) to correct the violation within ten (10) days of the date of issue of notice of violation shall result in the following fines: First notice of violation $1,000.00; Second notice $5,000.00; Third notice $10,000.00.
INJUNCTIVE RELIEF.
1. If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances within the wellhead protection zones as indicated on the zone of protection maps, continues to operate in violation of the provisions of this ordinance, the city may file an action for injunctive relief in the court of jurisdiction.