(A) Permitted uses. The permitted uses, bulk and yard requirements within the Wellhead Protection District shall be those of the underlying zoning district. Site plans submitted for permitted and conditional uses shall include additional details as outlined in § 50.46(A) below.
(B) Prohibited uses. The following uses and structures which pose known groundwater contamination threats are specifically prohibited, except in accordance with § 50.46(B) below:
(1) Use or production of hazardous substances in industrial, processing, manufacturing or commercial operations;
(2) Any waste treatment or disposal activity requiring a permit under any of the following state regulations:
(a) 15A N.C.A.C. 13B, Solid Waste Management Permits, Primarily Landfills;
(b) 15A N.C.A.C. 13A, Hazardous Waste Management Permits;
(c) 15A N.C.A.C. I E, Construction and Operation of an Oil Refining Facility;
(d) 15A N.C.A.C. 5B, Mining Permit;
(e) 15A N.C.A.C. 513, Permit to Drill Exploratory Oil or Gas Well;
(f) 15A N.C.A.C. 2H, Pretreatment Permit; and
(g) 15A N.C.A.C. 2H.0202, Waste Not Discharged to Surface Waters, including waste lagoons, spray and infiltration systems, and the land application and subsurface disposal of wastes, but excluding sewer system extension lines.
(3) Animal feed lots;
(4) Automobile junkyards;
(5) Battery recycling and reprocessing;
(6) Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material to within 6 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the U.S. Geological Survey, except for excavations for building foundations, roads or utility works;
(7) Industrial and commercial uses which discharge processed wastewater on-site;
(8) Manufacturing and production of paving, roofing and other construction materials, using asphalt-and petroleum-based coating and preserving materials;
(9) Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and non-ferrous metals;
(10) Retail gas stations and truck stops;
(11) Commercial septic tanks, or other septic tanks not utilized for domestic waste, unless approved by the Chimney Rock Village Engineer and all other appropriate regulatory agencies;
(12) Storage of animal manure unless covered or contained in accordance with the specifications of the Unites States Soil Conservation Service;
(13) Storage or application of restricted use pesticides;
(14) Wood-preserving operations using formulations of Chrome-Copper-Arsenate (CCC), penthachlorophenol (PENTA), creosote and related chemicals; and
(15) Underground storage tanks, unless equipped with secondary containment structures.
(C) Use list not exhaustive. The uses prohibited by this district represent the state of present knowledge and most common description of the uses. As other polluting uses are discovered, or other terms of description become necessary, these shall be added to the list of uses prohibited by this district.
(D) Changing technology. The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by that class of uses, that causes the uses as a class to be groundwater pollution risks. As the technology of identified uses classes changes to non-risk materials or methods, upon petition from such a use, and after conferring with expert geological and other opinion, it is the intention to delete uses from the prohibited list, or allow them conditionally, those which demonstrate convincingly that they no longer pose a pollution hazard.
(E) Limited exemptions. The following activities or uses are exempt from the provisions of this subchapter:
(1) The transportation of any hazardous substance through a Wellhead Protection Overlay District provided the transporting vehicle is in transit;
(2) The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant;
(3) Retail sales establishments that store and handle hazardous substances for resale in then unopened containers;
(4) Office supplies that are used solely for the operation of on-site administrative offices, provided the supplies are prepackaged in a form ready for use; and
(5) Hazardous substances which are packaged for personal or household use and present in the same form and concentration as packaged for use by the general public. The aggregate inventory of the substances shall not exceed 106 gallons or 800 pounds at any time.
(F) Requirements for existing prohibited uses. All uses and structures specifically prohibited in § 50.45(B) may continue beyond the effective date of this subchapter only if, within 90 days after the effective date of this subchapter, the Village Council approves an Operating and Monitoring Plan for each prohibited use or structure.
(Ord. passed 11-16-1999)