§ 156.09 SOURCE WATER PROTECTION AREAS.
   (A)   Intent. Source water protection areas provide water recharge for public drinking water systems. This section establishes minimum requirements to protect these resources from contamination that can threaten the safety of public water sources.
   (B)   Applicability. The source water protection areas shown on the Generalized Sensitive Areas Map 1 shall be subject to the requirements of this section.
   (C)   Requirements. The following requirements apply within source water protection areas. No building permit, zoning permit, site plan or subdivision plat shall be approved unless the proposed development activity complies with these requirements.
      (1)   The maximum impervious surface coverage for any lot within a source water protection area shall be 50%.
      (2)   A hazardous substance storage tank, above ground or underground, shall not be located within 500 feet of the well for a community water supply system.
      (3)   A hazardous substance storage tank located within a source wafer protection area and more than 500 feet from a community water supply system well, shall be placed above ground and be surrounded by a 100% catchment basin or double-walled containment and a spill protection overfill alarm.
      (4)   The following uses shall not be located within a SWPA:
         (a)   Uses that involve the storage, parking or servicing of motor vehicles or motorized equipment as a principal use, such as gasoline service stations, contractors storage yards and motor vehicle equipment sales or service;
         (b)   Junk yards;
         (c)   Pens or other outdoor areas used for the feeding and care of livestock or poultry;
         (d)   Manure piles, animal waste pits, lagoons, and sewage sludge storage facilities;
         (e)   Metal plating establishments;
         (f)   Open burning sites and dumps;
         (g)   Quarries and mining operations;
         (h)   Storage of deicing chemicals;
         (i)   Sanitary landfills and rubble fills;
         (j)   Bulk storage and mixing of pesticides and fertilizers;
         (k)   Uses which involve, as a principal use, the manufacture, storage, use, transport, or disposal of hazardous materials; or any use which involves hazardous materials in quantities greater than those associated with normal household use; and
         (l)   Underground pipelines carrying hazardous materials.
   (D)   Application of pesticides. Pesticides used in recreation, agriculture, and pest control in quantities greater than those associated with normal household use shall be applied in strict conformity with their labeling and pertinent federal and state laws. The application of pesticides shall be noted in the records of an applicator certified by the Maryland Department of Agriculture. Records shall be kept of the date and amount of these substances applied at each location and the records shall be available for inspection.
   (E)   Property owners are encouraged to apply fertilizers for agriculture within source water protection areas in accordance with a nutrient management plan prepared by a certified nutrient management consultant to manage the amount, placement, timing and application of nutrients to protect water quality.
   (F)   Subdivision plats shall:
      (1)   Delineate the source water protection area;
      (2)   If feasible, place the source water protection area within open space; and
      (3)   Ensure that each lot has sufficient area for construction and placement of improvements so that development of the lots will be able to comply with impervious surface coverage requirements of this section.
(Res. 2010-6, passed 5-25-2010)