(A) Powers. Upon notice, either oral or written, that the city’s water utility has determined that circumstances exist which may, or do, give rise to concern for the safety of the aquifer, the city, by and through the City Building Commissioner, shall be empowered to enforce the regulations set forth under this subchapter.
(B) Enforcement. For each day of non-compliance with this subchapter which presents a hazard to the aquifer, an individual, organization, and/or business may be fined $1,000 a day. Such fines may remain in effect until such revisions are completed to be in compliance with this subchapter. Violations of this subchapter shall be cited by the City Building Commissioner.
(C) Hearing and enforcement. The Board is authorized to hear all citations issued pursuant to this subchapter and impose the fine as prescribed above.
(D) Regulation of lakes, reservoirs, ponds, swales, and other water retention areas.
(1) All lakes, reservoirs, ponds, swales, and other water retention areas of any kind located within the TOT threshold must be properly sealed in accordance with the specifications of this subchapter.
(2) No lakes, reservoirs, ponds, swales, or other water retention areas of any kind shall be allowed within the wellhead protection area.
(3) All lakes, reservoirs, ponds, or other water retention areas of any kind shall be sealed according to the specifications as adopted by the water utility as the same may be updated and amended from time to time.
(E) New development; inspection requirements.
(1) Prior to any encroachment into the well head protection area, the owner of the property into which such encroachment is to take place shall obtain an inspection of the proposed sealing system at such property owner’s sole cost and expense by a field inspector trained in soils testing by one of the following:
(a) The County Health Department; or
(b) A qualified geologic technology firm contracted by the water utility at the sole expense of the owner.
(2) Sampling shall be a minimum of one sample per acre or fraction thereof and a minimum of two samples per body of water. Laboratory testing of permeability will be required only if the inspector has a question of compliance. The inspector may recommend the city utilities require the property owner to have a qualified laboratory run a permeability test at the property owner’s sole cost and expense.
(3) After inspecting any sealing system, the inspector shall either approve or reject the sealing system according to the specifications of the water utility.
(4) Notification of any inspection shall be provided to the water utility 48 hours in advance of such inspection. Upon completion of any inspection contemplated hereunder, a signed copy of the inspection report shall be provided to the water utility within 48 hours of completion of such inspection.
(5) In the event of any dispute resulting from an inspection conducted in accordance with this subchapter, such dispute shall be resolved, at the property owner’s sole cost and expense, by an inspection conducted by a licensed soils engineer acceptable to all parties.
(F) Installation of roadway. Any roadway located contiguous to or within the wellhead protection area and/or owned by the city for production of drinking water shall be constructed according to the most recently approved water utility specifications.
(G) City-owned property. There shall be no activity or encroachment within the wellhead protection area upon any property owned by the city without the approval of the water utility.
(Ord. 2019-25, passed on 5-13-2020)