If a party disagrees with the boundaries of a drinking water source protection zone, such boundaries may be disputed according to the following procedure:
A. Applicant submits written comments to the public drinking water system stating the reasons that the protection zone boundaries are being disputed.
B. If the public drinking water system concurs, it may authorize a new hydrogeologic investigation at the expense of the one disputing the delineations, or elect to conduct a new hydrogeologic investigation at its own expense, or by negotiating a sharing of expenses, if it appears that the boundary was established without considering geologic/hydrogeologic data.
C. If the public drinking water system declines to authorize a new hydrogeologic investigation, the applicant may appeal this determination to the county commissioners. In the event that the county authorizes a new investigation, it shall be conducted at the expense of the applicant or at the negotiated expense of the parties.
D. Upon completion, the new hydrogeologic investigation shall be submitted to the state division of drinking water for review.
E. If the division of drinking water finds that the new hydrogeologic investigation is sufficiently protective and meets the requirements of a delineation report according to the state drinking water source protection for groundwater sources rule (Utah administrative code R309-600), the county may enforce this chapter according to the new hydrogeologic investigation. (Ord. 09-273, 4-13-2009)