(A) Introduction.
(1) In response to requirements set forth in the federal 1986 Clean Water Act, being 33.U.S.C. §§ 1251 et seq., the state’s Wellhead Protection Rule, 327 I.A.C. 8-4.1, was signed into law on March 28, 1997. The rule established requirements for the development of a wellhead protection plan by all community public water supply systems located in the state. The program, regulated by the Indiana Department of Environmental Management (IDEM), recognizes that groundwater quality can be threatened by specific land uses and activities which occur in areas adjacent to public water supply system production wells.
(2) The town developed the Wellhead Protection Plan, approved by IDEM in February 2006, which delineates the town’s wellhead protection areas and establishes management strategies that focus on education and prevention as a means to protect the community’s drinking water quality.
(3) Wellhead protection areas are the surface and subsurface areas which contribute water to a community public water supply system production well and through which contaminants are likely to move through and reach said well within a one-, five- or ten-year time of travel. Wellhead protection areas shall be shown as an overlay on the official zoning map of the town. See Appendix B of this Chapter 50.
(B) Sanitary setback. A sanitary setback is an area within the wellhead protection area established around a community public water supply system production well to protect the groundwater from direct contamination. The sanitary setback radius is 100 feet. Within a sanitary setback, it is prohibited to use, apply, store, mix, load or transport chemicals other than those used for treating drinking water.
(C) One-, five- and ten-year time of travel. The time of travel is the calculated length of time a particle of water takes to reach a production well from a certain point within a wellhead protection area. These areas shall be managed as the wellhead protection area.
(D) Development plan review.
(1) During the plan review process, the Zoning Commissioner or Plan Commission shall:
(a) Assess whether the proposed development will prevent potential groundwater contaminants from entering a public water supply system production well;
(b) Ensure that the proposed development will not unreasonably endanger the quality of groundwater within the wellhead protection area; and
(c) Ensure that development standards are implemented and prohibit those uses described in division (E) below.
(2) For development plan requirements, refer to division (E) below.
(E) Development standards and prohibited uses within wellhead protection areas.
(1) All aboveground storage tanks of liquids shall be equipped with secondary containment to capture spills or leaks. Such containment must effectively contain at least 110% of the volume of the tank.
(2) Landfills and hazardous waste disposal sites shall be prohibited.
(3) Infiltration basins, dry wells, cesspools, waste disposal wells and other injection-type wells shall be prohibited.
(4) Underground storage tanks shall be double-walled and equipped with leak detection. Underground storage tanks shall also be in compliance with all state and federal regulations.
(5) The construction of new sanitary sewer or storm sewer lines within sanitary setbacks, or within 200 feet of any production well, shall be prohibited.
(Ord. 2013 BCCO-32, passed 11-18-2013; Ord. 2014-7, passed 5-6-2014) Penalty, see § 10.99