(A) Permitted uses. Permitted uses are allowed in the underlying zone, subject to the procedures and restrictions in the underlying zone, and subject to the following additional limitations and restrictions:
(1) Permitted uses or changes in use or the enlargement and alteration of permitted uses existing as of the effective date of this subchapter and permitted outright in the underlying zone are permitted in the Wellhead Protection Overlay District when no chemicals or other products are used, produced by or commonly associated with the activity which, in the event of introduction of a large quantity thereof into the groundwater might cause, materially contribute to or create a material risk of any adverse effect upon the municipal water source;
(2) In order to justify a change in permitted uses or the enlargement and alteration of permitted uses for a property or portion of a property, a study shall be prepared under the supervision of a Tennessee registered professional engineer trained and experienced in hydrogeology to examine the impact of the use upon the municipal water source, under reasonably possible hydrologic or geologic conditions. Technological evidence shall be based on the modeling techniques defined in Wellhead Protection Area, Zone 1 and Zone 2 reports, approved by TDEC (November 1995). The report from the study shall be submitted to the Town Engineer;
(3) To assure that the quality of groundwater shall be maintained, a groundwater monitoring program shall be established as part of the report prepared pursuant to subsection (b) above. The program shall establish the number of wells to be installed, as well as the duration and frequency regarding the monitoring of the wells to be installed. All laboratory test results shall be submitted to the Town Engineer in order to assure the that satisfactory water is maintained.
(B) Prohibited uses.
(1) Within the Wellhead Protection Overlay Districts uses prohibited in the underlying zoning district are also prohibited in the Wellhead Protection Overlay District.
(2) The following uses remain prohibited in the Wellhead Protection Overlay District, even if they shall be allowed by right in the underlying zoning district. Manufacturing and production of hazardous materials, excluding production for on-site usage only. These materials include:
(a) Any hazardous substance or hazardous waste as listed in the following federal regulations:
1. Superfund Amendments and Reauthorization Act (SARA) of 1986, Section 302, Extremely Hazardous Substances List (40 CFR 300, App. A and B);
2. Comprehensive Environmental Response Compensation and Liability Act Superfund (CERCLA) of 1980, Hazardous Substances List (40 CFR 302, Table 302.4);
3. SARA of 1986, Section 313, Toxic Chemicals List (40 CFR 372.45); and
4. Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes List (P and U Categories) (40 CFR 261.33 (e) and (f)). Note: The lists referenced in subsection (B)(2) are summarized on the Title III List of Lists - Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Action (SARA) of 1986, published July 1987, U.S. EPA.
(b) Nuclear or radioactive materials or wastes.
(3) The Town of Collierville shall maintain the right to determine and document when necessary the contaminants subject to the provisions of this subchapter.
(4) The uses prohibited by this overlay district represents 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, it is the intention to add them to the list of uses prohibited by this overlay district. To screen for such other uses or terms for uses, no use shall be permitted in this overlay district without first submitting its building, site and operational plans for review and approval under § 151.291.
(5) Any request to delete a use from the prohibited list or allow a use conditionally shall be accompanied by a study as required in subsection (A)(2) to examine the impact of the use upon the municipal water source, under reasonably possible hydrologic or geologic conditions. Technological evidence shall be based on the modeling techniques defined in Wellhead Protection Area, Zone 1 and Zone 2 reports, approved by TDEC (November 1995). The report from the study shall be submitted to the Town Engineer.
(C) Special exemptions and limited exclusions. Special exemptions and limited exclusions from the provisions of divisions (A) and (B) of this section are authorized for:
(1) Fire, police, emergency medical services, emergency management center facilities and public utilities of this subchapter;
(2) Transportation of any regulated substances through Wellhead Protection Area, Zone 1, provided the transporting vehicle is in continuous transit;
(3) Storage of fuel and lubricants for vehicle operations, either in above ground storage tanks meeting EPA regulations for such facilities or underground storage tanks meeting the requirements of this subchapter;
(4) Use of certain regulated substances such as pesticides, herbicides and fungicides in recreational, agricultural, pest control and aquatic weed control activities shall be allowed, provided that:
(a) In all zones, the use is in strict conformity with the use requirements as set forth in the substances EPA registries and as indicated on the containers in which the substances are sold;
(b) In a Wellhead Protection Area, Zone 1, the use of any of the regulated substances shall be flagged in the records of the certified operator supervising the use. The certified operator shall provide specific notification in writing to the applicators under his or her supervision that they are working at a site located in a Wellhead Protection Area, Zone 1, for which particular care is required. Records shall be kept of the date and amount of regulated substances used at each location. Records shall be made available for inspection by the Town Engineer;
(c) In Wellhead Protection Area, Zone 1, the regulated substances shall not be handled during use in a quantity exceeding 700 gallons of formulation; and
(d) All nonresidential uses of regulated substances in Wellhead Protection Areas, Zone 1 and Zone 2, shall comply with all the provisions of this section. The use of regulated substances on nonresidential landscape areas smaller than 5,000 square feet shall be exempted from the provisions of this subchapter. However, commercial, government, institutional services or the railroad in all zones shall not be required to obtain individual licenses for every site at which they use the regulated substances, and these services shall be exempt from the provisions of this subchapter with regard to the sites they serve, provided the use is in accordance with subsections (a), (b) and (c) above.
(5) Use, storage, handling and/or production of regulated substances, associated with non- routine maintenance or repair of property or equipment, shall be limited to:
(a) The aggregate of regulated substances in use, storage, handling and/or production not to exceed 50 gallons or 400 pounds at any time; and
(b) The total use, storage, handling and/or production of regulated substances not to exceed 100 gallons or 800 pounds in any 12 month period;
(6) Regulated substances associated with medical and research laboratory uses shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds;
(7) Regulated substances which are cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as a product packaged for use by the general public. The aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents;
(8) Regulated substances associated with construction for which a permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site, provided such regulated substances do not pose a real and present danger of contaminating surface and/or groundwater;
(9) Office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use;
(10) Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers;
(11) Geotechnical borings;
(12) Residential activities;
(13) Public utility emergency generating facilities above ground, except that permanently installed fuel storage facilities shall meet EPA regulations for such facilities; and
(14) Provided, however, that the Town of Collierville may at its option delete in whole or in part any of the above described exemptions, but in no case shall include any additional exemptions in this subchapter adopted, pursuant to this section, unless otherwise approved by the Board of Mayor and Aldermen.
(D) Performance standards. All permitted uses, special exemptions and limited exclusions may be approved by the Town Engineer, provided they can meet performance standards outlined for the Wellhead Protection Overlay District.
(E) Nonconforming uses.
(1) Nonconforming uses may continue in the overlay district in the form in which they exist at the time of the adoption of this subchapter in accordance with §§ 151.130 et seq. In the event such nonconforming use shall pose a direct hazard to the public water supply, the Town of Collierville may take any action permitted by law to abate the hazard.
(2) An addition or expansion does not increase the nonconformity of the use or activity.
(3) The expansion of the nonconforming use may not be for the purpose of changing that use to another nonconforming use unless the applicant can demonstrate that the new use poses a lesser threat to groundwater than the current use.
(`00 Code, § 11-1705)