Zone WHPZ1 contains the City Wellfield, and in order to protect the wellfield, contains the most restrictive land use practices.
(a) Prohibited Uses. The following uses are prohibited in the Wellhead Protection Zone 1.
(1) Disposal of solid waste.
(2) Disposal of hazardous waste.
(3) Storage of road salt or other deicing chemicals and the dumping of snow containing deicing chemicals.
(4) Animal feed lots.
(5) The outside storage of herbicides, pesticides, fertilizers or fungicides.
(6) Dry cleaning and commercial laundry establishments.
(7) Industrial uses which discharge processed waters onsite.
(8) Chemical and bacteriological laboratories.
(9) Metal polishing, finishing and plating establishments which includes auto body repair establishments.
(10) Commercial wood finishing, preserving, painting and furniture stripping establishments.
(Ord. 61-97. Passed 10-13-97.)
(Ord. 61-97. Passed 10-13-97.)
(11) Commercial printing establishments.
(Ord. 10-03. Passed 4-14-03.)
(12) Motor vehicle service and repair shops, junkyards, motor vehicle junkyards, motor vehicle salvage operations, car washes as well as any similar use which might potentially effect ground water quality. Motor vehicle service and repair establishments include auto body repair and painting, quick lube stations, any establishment which performs mechanical repairs such as transmission, drive train, engine, brakes, or mufflers. These restrictions also apply to commercial/industrial equipment, earth moving equipment, tractors, motorcycles, and airplanes.
(13) Trucking and bus terminals.
(14) Machine shops or foundries.
(15) Leather tanning and finishing.
(16) Electrical component manufacturing or assembly.
(17) New installation of underground storage tanks of liquid petroleum and/or chemical products of any kind.
(18) Storage of liquid petroleum products of any kind in excess of fifteen gallons except for storage in a free standing container within a building, or fuel for heating of that building. (Fuel tanks of parked vehicles are not included in this section.)
(19) Storage of petroleum, and/or any other regulated substances in underground storage tanks.
(20) Any other use which involves, as principal activity, the manufacture, storage, use, transportation or disposal of toxic or hazardous material.
(b) Exceptions and Guidelines for WHPZ1. Any business, facility or structure within WHPZ1 which is established prior to the date in which Ordinance 40-94 was established (11-28-94) shall be identified in this chapter as a nonconforming facility. Nonconforming facilities are allowed to conduct business, but are to be regulated by the City, and follow these guidelines.
(1) All nonconforming facilities must register with the Lancaster Division of Water.
(2) The registration shall be submitted by the owner or operator of the facility on forms provided by the Division of Water or Environmental Specialist on a bi-annual (every two years) basis, or when the ownership of the facility changes, if the ownership change occurs within the two year reporting period, and shall contain at a minimum, the following information:
A. Name of the facility;
B. Street and mailing address of facility;
C. The designated individual to contact at the facility;
D. A complete list of all chemicals, pesticides, fuels and other regulated substances as defined in Section 1335.03 to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect such materials from vandalism, corrosion and leakage, and to provide for control of spills;
E. A complete list of potential toxic or hazardous wastes to be generated, indicating storage and disposal methods; and
F. For underground storage of regulated substances, the BUSTR identification number will be provided.
(3) Monitoring wells shall be established for all industrial and commercial facilities utilizing or storing hazardous or toxic materials; the number, construction and location of the wells shall be determined by the City Water Department and/or Environmental Specialist. Once constructed, the wells shall be analyzed for volatile organic compounds (VOC’s) semi- volatile organic compounds (SVOC’s) and metals to determine background levels for the location. After initial testing, wells will be analyzed for VOC’s and any other compounds detected in the background analysis which may pose a threat to the wellfield. The Environmental Specialist shall determine the sampling schedule for each site on an individual basis.
(4) When a nonconforming facility closes for a period of time greater than six months, it will lose its nonconforming zoning exception. No new or similar nonconforming facility may open at the site.
(5) If a nonconforming facility or business wishes to upgrade and/or expand its operation, it may be granted a variance by the Division of Water and/or Environmental Specialist if said facility or business can demonstrate an overall reduction of risk to the aquifer and/or wellfield, through a pollution prevention program instituted by the facility.
(6) All facilities with USTs:
A. Shall have upgraded USTs by December 22, 1998 in accordance with the Bureau of Underground Storage Tank Registration, OAC 1301:7-9-06;
B. Shall have monitoring systems installed by December 22, 1998 in accordance with the Bureau of Underground Storage Tank Registration, OAC 1301:7-9-07; and
C. Are still governed by the C-3 zone laws.
(7) All facilities which through the generation, transportation, disposal or storage of hazardous substances file reports to the EPA under the guidelines of the Resources Conservation and Recovery Act must also present the City Water Department with a copy of the report.
(c) Land Uses Allowed in WHPZ1.
(1) All ordinary and customary uses associated with maintenance and upkeep of buildings and grounds.
(2) Necessary public utilities and/or facilities designed so as to prevent contamination of ground water;
(3) Agricultural uses: pasture, light grazing, hay making, gardening, nursery and any activities designed for conservation of soil, water, plants and wild life;
(4) Industrial or commercial uses which do not handle hazardous or toxic wastes or substances; and
(5) Residential uses. (Ord. 61-97. Passed 10-13-97.)