A. Title: This chapter shall be known as the DRINKING WATER SOURCE PROTECTION ORDINANCE.
B. Purpose: The purpose of this chapter is to comply with Utah state code section 19-4-113, as amended, requiring counties to adopt a water source protection ordinance to protect groundwater sources of public drinking water. This chapter is to ensure the provision of a safe and sanitary drinking water supply for the county by the establishment of drinking water source protection zones surrounding the wellheads for all wells which are the supply sources for any public water supply agency (PWSA) water system and by the designation and regulation of property uses and conditions which may be maintained within such zones and to meet the requirements of a preliminary evaluation report according to the state drinking water source protection rule (R309-600 Utah administrative code).
C. Conflict: This chapter is designed to supplement, but not replace, other ordinances and regulations governing the use of property within the county, such as other regulations in this title. In case of conflict between this chapter and any other applicable ordinance or regulation, the more restrictive requirement shall prevail.
D. Degree Of Protection; Limitation Of Liability: The degree of protection afforded by this chapter is considered adequate for regulatory purposes. This chapter does not ensure that public drinking water sources will not be subject to accidental or intentional contamination, nor does it create liability on the part of the county, or an officer or employee thereof, for any damages to the public water supplies from reliance on this chapter, nor any administrative order lawfully made hereunder.
E. Owner Liability: A notice to cease or an exemption issued under this chapter shall not relieve the owner of the obligation to comply with any other applicable federal, state, regional or local regulations, rules, ordinances or requirements, nor shall said notice or exemption relieve any owner of any liability for violation of such regulations, rules, ordinances or requirements. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)