The following standards shall apply to land uses in Zones A and B of the Aquifer Protection Overlay Districts.
(A) New or replacement septic tanks and associated drain fields for containment and disposal of human or animal wastes must conform with regulations established by the state’s Department of Environment and Natural Resources.
(B) Manure storage areas may be permitted in Zone B but must be constructed in conformance with good engineering practices as recommended by the Natural Resource Conservation Service and/or the state’s Department of Environment and Natural Resources for Waste Storage Ponds.
(C) Storage of petroleum products in quantities exceeding 100 gallons at one locality in one tank or series of tanks must be in elevated tanks; such tanks larger than 1,100 gallons must have a secondary containment system where it is deemed necessary by the Office of Planning and Zoning.
(D) Any commercial or industrial facility, not addressed by divisions (B) or (C) above, involving the collection, handling, manufacture, use, storage, transfer, or disposal of any solid or liquid material or waste, except for spreading of manure, in excess of 1,000 pounds and/or 100 gallons which has the potential to contaminate ground water must have a secondary containment system which is easily inspected and whose purpose is to intercept any leak or discharge from the primary containment vessel or structure. Underground tanks or buried pipes carrying such materials must have double walls and accessible sumps.
(E) When pastured animals are concentrated for winter feeding, engineered measures shall be employed to prevent run-off of manure.
(F) Discharge of industrial process water on site is prohibited without Office of Planning and Zoning approval.
(G) Auto service, repair, or painting facilities and junk or salvage yards shall meet all state and federal standards for storage, handling, and disposal of petroleum products and shall properly dispose of all other potentially hazardous waste materials.
(H) Any facility involving collection, handling, manufacture, use, storage, transfer, or disposal of hazardous materials must prepare and have on file in the Office of Planning and Zoning an acceptable engineered contingency plan for preventing hazardous materials from contaminating the shallow/surficial aquifer should floods, fire, other natural catastrophes, or equipment failure occur.
(1) For flood control, all underground facilities shall include a monitoring system and a secondary standpipe above the 100-year frequency flood level. For above ground facilities, an impervious dike, above the 100-year flood level and capable of containing 120% of the largest storage volume, will be provided with an overflow recovery catchment area (sump).
(2) For equipment failures, plans shall include, but not be limited to:
(a) Below ground level, provision for removal and replacement of leaking parts, a leak detection system with monitoring, and an overfill protection system; and
(b) Above ground level, provision for monitoring, replacement, repair, and clean up of primary containment systems.
(3) For other natural or human-caused disasters, the owner and/or operator shall report all incidents involving liquid or chemical material which may endanger health and/or safety of disaster personnel and/or general public.
(4) Agricultural operations are exempted from this division (H) unless chemicals stored which are on the Superfund Amendments and Re-authorization Act of 1986 (SARA Title III), being 42 U.S.C. §§ 9601 et seq., extremely hazardous substance list in quantities exceeding the threshold planning quantity at any one time.
(I) All abandoned wells should be plugged in conformance with the state’s Well Construction Standards, Chapter 74:02:04:67-70, to prevent contamination of ground water by surface water.
(J) Office of Planning and Zoning and the Department of Environment and Natural Resources shall be informed within 24 hours of all leaks and spills of materials that might potentially contaminate ground water.
(Ord. 0904-05, passed 5-20-2009)