(A) Statutory authority.
(1) The Federal Safe Drinking Water Act, Section 1428, requires each state to protect public water supplies which use a groundwater source. Pursuant to the Act, The United States Environmental Protection Agency authorized the Tennessee Department of Environment and Conservation to enforce the Act, and the Department has adopted rules and regulations.
(2) Tenn. Code Ann. §§ 13-7-201 et seq., delegated the responsibility to local governments to adopt regulations to protect public water supplies.
(B) Finding of facts.
(1) Protection of ground water supplies can be achieved by designating areas around well heads within which land use activities are restricted or prohibited.
(2) An area immediately surrounding the water source, which represents an eight week capture zone, is necessary and requires a higher degree of regulation. This area shall be designated Zone 1.
(3) An area incorporating and adjacent to Zone 1, which represents a 40 year capture zone that is determined on the basis of groundwater flow and direction, is designated as Zone 2.
(4) A potential contaminant source inventory has been completed for wellheads and within the corporate limits of Collierville. Possible contaminant sources have been identified.
(C) Statement of purpose.
(1) The purpose of this subchapter is to protect the public water supply for the Town of Collierville from land uses which pose a threat to quality and quantity of groundwater being extracted from Town wells within the Wellhead Protection Area, Zone 1 and 2. The Town of Collierville creates the Wellhead Protection Overlay District to implement the stated purposes.
(2) The Wellhead Protection Overlay District shall be deemed an overlay on the existing zoning districts as described and mapped by the Town of Collierville Zoning Code.
(3) This subchapter is designed to prevent the contamination or excessive extraction of groundwater resources. The subchapter is also enacted to prohibit or restrict land use activities that store, handle or produce regulated substances. This subchapter also requires the use of best management practices for the protection of ground water sources. The Town of Collierville designates the Town Engineer as the responsible agent to act for the Town.
(4) The Wellhead Protection Overlay District is enacted to carry out the objectives of Tenn. Code Ann. §§ 13-7-201 et seq. and to implement the requirements of state law for protecting groundwater by state law. The objectives and requirements of Tenn. Code Ann. §§ 13-7-201 et seq. are adopted and incorporated by reference.
(`00 Code, § 11-1701)