For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
BEST MANAGEMENT PRACTICES (BMPS). A practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil, and air quality goals.
CFR. Code of Federal Regulations.
COUNCIL. The Town Council of the Town of Goshen, Utah.
DEPARTMENT. The public agency, division, or department designated by the town to enforce the provisions of this subchapter. For the town, the DEPARTMENT is the Public Works with ultimate authority resting with the Engineering Department.
DESIGN STANDARD. A control which is implemented by a potential contamination source to prevent discharges to the groundwater. Spill protection is an example of a DESIGN STANDARD.
DISCHARGE. Spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing, or dumping regulated substances to the soils, air, groundwater, or surface water of the town. Release does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of substances, provided that such use is not prohibited by federal, state or local regulations. Release shall not include release specifically authorized by federal or state permits.
GROUNDWATER DIVIDE. The topographic and/or the geologic strata that physically divide the groundwater flow of one recharge area from another.
GROUNDWATER SOURCE. Any well, spring, tunnel, adit, or other underground opening from, or through, which groundwater flows or is pumped from subsurface water-bearing formations.
HAZARDOUS WASTE. As defined by the EPA.
LAND MANAGEMENT STRATEGIES. Zoning and non-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan review, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, groundwater monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
POINT SOURCE. Any discernible, confined, and discrete source of pollutants or contaminants, including, but not limited to, any site, pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, animal feeding operation with more than ten animal units, landfill, or vessel, or other floating craft, from which pollutants are or may be discharged.
POLLUTION SOURCE. Point source discharges of contaminants to groundwater or potential discharges of the liquid forms of EXTREMELY HAZARDOUS SUBSTANCES which are stored in containers in excess of “applicable threshold planning quantities” as specified in SARA Title III. Examples of possible POLLUTION SOURCES include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, Class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies, drain lines, and animal feeding operations with more than ten animal units. The following clarify the definition of POLLUTION SOURCE:
(1) ANIMAL FEEDING OPERATION. A lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
(2) ANIMAL UNIT. A unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by one, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by one, plus the number of horses multiplied by two.
(3) EXTREMELY HAZARDOUS SUBSTANCE. Those substances which are identified in the § 302 (EHS) column of the “Title III List of Lists: Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and § 112(R) of the Clean Air Act,” as amended (55 OB98017). A copy of this document may be obtained from: NCEPI, PO Box 42419, Cincinnati, OH 45202. Online ordering is also available at https://www.epa.gov/epcra/consolidated-list-lists.
POTENTIAL CONTAMINATION SOURCE. Any facility or site which employs an activity or procedure which may potentially contaminate groundwater. A POLLUTION SOURCE is also a POTENTIAL CONTAMINATION SOURCE.
REGULATORY AGENCY. Any government agency with jurisdiction over HAZARDOUS WASTE, as defined herein.
SANITARY LANDFILL. A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
SARA TITLE III. The Superfund Amendment and Reauthorization Act section found in 40 CFR § 300-302, pertaining to emergency response and right-to-know.
SEPTIC TANK/DRAINFIELD SYSTEMS. A system which is comprised of a septic tank and a drainfield which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, SEPTIC TANK/DRAINFIELD SYSTEM discharges cannot be controlled with design standards.
TOWN. The Town of Goshen, Utah.
WELLHEAD. The physical structure, facility, or device at the land surface from, or through which, groundwater flows or is pumped from subsurface water-bearing formations.
(Ord. 2007-02, passed 2-13-2006)