(A) This Overlay District covers the area contaminated by mining and smelting wastes from operations further upstream in the Butte and Anaconda areas and encompasses the area of the city that is included within the boundaries of the Clark Fork River operable unit of the Milltown Reservoir/Clark Fork River Superfund site described in the record of decision for the Superfund site. The map attached as Exhibit A generally illustrates the boundaries of the Overlay District, but the City Planner interprets the actual boundaries of the Overlay District associated with the Clark Fork River Superfund site operable unit through coordination with the Montana Department of Environmental Quality (DEQ). DEQ determines the actual boundaries of the Overlay District based on the operable unit’s boundaries per the record of decision for the Superfund site. Therefore, for any ground disturbance or other construction activities within or in the immediate vicinity of the Overlay Districts as shown on the map attached as Exhibit A, the applicant will first consult with the City Planner to determine whether the activities require further information or review for compliance with this chapter.
(B) The Overlay District shown on the map attached as Exhibit A is limited to the area within the city limits, but the actual Clark Fork River operable unit of the Superfund site extends outside the city limits and the associated jurisdiction of the city. Annexations of future lands in the operable unit will require that the Overlay District boundaries be determined (per the record of decision) and shown on zoning map amendments.
(Prior Code, § 11.01.250.020) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)