(a) No person shall use a facility to mine industrial materials or drill a well of any kind in a Wellfield Protection Area without first obtaining from the Water Superintendent a permit to mine or drill a well. Any person proposing to obtain a permit to mine or amend an existing permit to mine industrial materials or to drill a well shall submit to the Water Superintendent in triplicate a mining or drilling application industrial mineral on forms prescribed for the purpose and submit necessary plans, specifications and information relating to the facility for the Water Superintendent's approval. The Water Superintendent shall act upon an application within sixty (60) days of receipt of such application. If the Water Superintendent does not deny the permit within sixty (60) day period, it shall be deemed to be denied. A denial of a permit application shall be immediately appealable to the board.
(b) Such detail plans, specifications and information shall be drawn up in a manner acceptable to the Water Superintendent or his authorized representative in detail sufficient to allow clear understanding and intelligent review thereof, and to provide assurances that the site or facility is designed and will be operated in accordance with these regulations. The method of operation of the facility shall be described by the detailed plans and specifications, and a report with information in such degree of detail and clarity as to be understandable by operating personnel at the facility.
(1) The information contained in subparagraph A. to J. below shall be submitted with the permit application:
A. Copies of the approved state mining or drilling permit application, all supporting documents submitted to the State and pertinent correspondence with the State during the process of permit approval. Copies of and applications for variances, modification, amendments, notices of violation, annual and final maps, and any information submitted to the State at any time during and after the mining permit is issued by the City must also be submitted to the City immediately.
B. Such identification information as:
1. The nature of the mining/drilling operation;
2. The precise geographical location and boundaries of the mining/drilling operation which shall be indicated on a seven and one-half (7-1/2) minute USGS topographic map and by a legal description;
3. The name and address and telephone number of the mining/drilling operator;
4. The name and address of the owner(s) of the land to be used for mining/drilling;
5. The name and address of the person who proposed the plans.
C. Such site information as:
1. All land owned, leased, or proposed to be leased or purchased for the mining/drilling operation;
2. All existing land used on or within one thousand (1000) feet of the mining /drilling operation;
3. All public roads, access roads, communities, and habitable buildings on or within one thousand (1000) feet of the mining /drilling operation.
4. The location of all existing or proposed maintenance, weighing, storage, processing or other facilities or buildings;
5. The location of the existing or proposed utilities;
6. The location of any water well within two thousand (2000) feet of that portion of the site where above-ground or underground regulated substances storage tanks are to be installed;
7. The limits of the regulated flood plain, if applicable, and the facilities proposed for flood protection;
8. All fences, gates, and natural or other screening on the site;
9. Existing topography, topography of the area within one thousand (1000) feet of the site, maximum depths of excavation, and final topography with clear indications showing all points of the site where processed and residual materials are to be deposited.
10. Plans for the disposal of fines or other regulated substances in a wellfield protection area, including an annual disposal plan and;
11. Longitudinal and transverse hydrostratigraphic cross sections of the proposed mining /drilling pits showing elevations of uppermost aquifer. In the event a clay layer is found to be present below the depth to which the industrial materials are mined/drilled, show how ground water recharging and flow will be protected
D. Such hydrogeologic and surface information as:
1. The direction and flow and points of concentration of all surface waters on the site; and
2. A complete log (description) of each boring made during the exploratory program (with appropriate description and explanation in an accompanying report) showing;
a. The location, depth, surface elevation and water level measurements of all borings; and
b. Textural classifications (United Soil Classification System - (USCE); and
c. Grain size distribution curve for representative sample for each group of borings of the soil composition: and
d. Atterburg limits, moisture content, and coefficient of permeability , based on field and/or laboratory determinations; and
3. Depth lithology (physical character) and hydrologic characteristics of the bed rock formations encountered during the boring operations and/or which outcrop on or adjacent to the site (may be present in an accompanying report); and
4. The following information related to the ground water (may be shown in accompanying report)
a. The depth to maximum elevation of ground water; and
b. Direction of the flow of ground water; and
c. Analysis by an EPA certified laboratory of such a number of wells as the Water Superintendent or his representative deem necessary to determine existing ground water quality and monitor future ground water quality in the area:
Field Testing Parameters
i. Temperature (measured at the time sample is collected) and;
ii. Conductivity; and
iii. pH; and Laboratory Testing Parameters
iv. Total Alkalinity; and
v. Total Acidity; and
vi. Total Dissolved Solids (TDS); and
vii. Ron (Fe); and
viii. Volatile Organic Compounds (VOCs) (USEPA Method 524.2 or iron as specified by the Water Superintendent) and
ix. Total Organic Carbon (TOC); and
x. Total Organic halogens (TOX)
All monitoring wells installed pursuant to this regulation, shall conform to Chapter 3745-9 of the regulations of the Ohio EPA. The city shall have access to the ground water monitoring wells for inspection, sampling and other monitoring purposes. The location of all monitoring wells shall be shown on the engineering plans submitted with the permit application.
E. Engineering plans showing the estimated timing and sequence of mining operation, longitudinal and cross sections of proposed mining and other parts of the entire land area which is proposed to be used for mining elevation of uppermost aquifer and hydrostratigraphy. The plans should also show the location of all above-ground and underground storage tanks and comply with Section 928.09.
F. A geotechnical laboratory testing program defining parameters of the cohesive and noncohesive soil excavated during the mining operation and drilling work. This shall include: soil moisture (ASTM method D-2216-80), Atterburg limits (ASTM method D-422.63) on bore holes drilling in the permitted area to determine the amount of waste likely to be generated during mineral processing and washing operations. No mineral processing waste shall be deposited in mine pit, except the Water Superintendent may allow the disposal of mineral processing waste in one of the mined pits provided the area of the mixed pit to be used does not exceed ten (10) percent of the total land area of the site and the plans for such on-site disposal are approved in writing by the Water Superintendent prior to use of the pit for disposal. Preferably all mineral processing waste will be disposed of offsite. No person shall allow any other waste material from the site or from off site to be deposited in a mine pit or at any other location on site.
G. Such operation as:
1. The mode and sequence of mining, including equipment to be used, showing precisely how the minerals will be mined and how the pit remaining after the mining operation is competed will be maintained to minimize silting and consequent adverse impact on the ground water recharging capacity of the area.
2. Such equipment information as:
a. Types of equipment to be used to operate and maintain the facility and to maintain the recharge ability of the mined pit; and
b. Hours of operation; and
H. Such closure information; and
1. How the portion of the facility where minerals have been mined will be maintained in order to minimize any future deposits of silt or clay fines.
2. How the site will be closed. The information shall include descriptions of:
a. Means by which access to the site will be limited; and
b. Provisions for corrective measures in case of setting of silt and clay fines in the mine pit in excess of what is allowed pursuant to this section,
c. Intended use of the site after closure, if known.
I. A notarized statement that, to the best of the knowledge of the person who prepared the plans, the information on the detailed plans and specifications is true and accurate.
J. 1. Application for mining permit shall be signed:
a. In the case of corporations, by the corporate officer having responsibility for facility; or
b. In the case of organizations other than corporations, by an equivalent responsible individual; or
c. In all other cases, by the operator.
2. The signatures shall constitute an agreement by the entity that it is responsible for compliance with this section and this chapter.
(2) If detailed plans, specifications and information submitted to the Water Superintendent or his/her authorized representative do not conform to the requirements for maintaining ground water recharging and quality, the Water Superintendent or his/her authorized representative may, within sixty (60) days of receipt thereof, notify the person submitting said plans of the nature of the deficiency, and of the Water Superintendent's refusal to consider the plans until the deficiency is rectified. If the Water Superintendent is satisfied that, notwithstanding their deficiency, the detailed plans, specifications, and information are sufficient to determine whether the mining operation and facilities would adversely impact the wellfield, he shall consider an act upon such detailed plans, specifications, and information notwithstanding their deficiency.
(3) If the Water Superintendent or his/her authorized representative determines that information in addition to that required by paragraph (b)(1)A. is necessary he may require the person submitting the plans to supply such information as a precondition to further consideration of the details plans, specifications, and information.
(4) The Water Superintendent shall not approve any detailed plans, specifications, and information including information regarding the handling of mining fines or regulated substances, unless he/she determines that the mining /drilling operator will not adversely impact the ground water recharge capacity of the aquifer and the quality of the ground water.
(5) Information submitted pursuant to (b)(1)A. to J. of this section shall be confidential, with this information only being available as needed to employees and agents of the City of Marietta.
(6) All applications shall be submitted at least sixty (60) days before the commencement of mining /drilling operations;, However, if a user is conducting a mining/drilling operation which has been approved by the Water Superintendent, it shall not be required to submit an application. An application fee of five thousand dollars ($5,000) shall be submitted with each application made under this section. In addition, on or before January 31st of each calendar year, the mining/drilling operator shall pay an annual inspections fee of eight thousand dollars ($8,000) per annum. Users who have paid all applications and inspection fees for a facility pursuant to this section shall not be required to pay any additional fees established pursuant to Section 928.16(1) hereof.
(Ord. 175(14-15). Passed 11-6-14.)