(a) That there is hereby established within the City of Moundsville the following Restricted Use Area in which the drilling into or extraction of ground water is prohibited:
The parcels of land known as District 11, Map 25, Parcels 26, 27, 27.1, 28, 28.1, 29, 30, 31, 32, 32.1 32.3, 34, 35, 53.1, 53.3 and the adjacent part of Lafayette Avenue, the adjacent part of 13th Street, and an inclusive part of (unopened) 14th Street, all as depicted by that certain map attached to original Ordinance passed May 16, 2023.
(b) Ground water is defined as water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zone. Henceforth, there shall be a prohibition on the use of groundwater in the zone for purposes other than monitoring and remediation, which shall be a land use covenant.
(c) This prohibition applies to any excavation or penetration in the ground, whether drilled, bored, cored, driven or jetted that enters or passes through ground water for purposes that include, but are not limited to, a water supply, exploration for water, dewatering or heat pump wells.
(d) Nothing contained in this section shall prohibit the extraction of ground water from installation, modification, operation, repair or removal, testing, monitoring and/or remediation wells when operated with the authorization of or at the direction of state or federal environmental officials or agencies.
(e) Nothing contained in this section shall prevent any construction activity within the Restricted Use Area which is not for the purpose of using ground water and that does not contemplate the disruption of ground water during construction. Additionally, nothing in this section shall prohibit any construction activity within the Restricted Use Area which is not for the purpose of using ground water but that may result in incidental disturbance of ground water, provided all state laws and regulations applicable to construction under such conditions, including, but not limited to, all laws and regulations enforced and promulgated by the DEP, are verifiably met. If incidental disturbance of ground water occurs, the contractor shall provide notice of the disturbance to the Office of Environmental Remediation of the Department of Environmental Protection (304-926-0455).
Nothing contained in this section shall prevent the use of ground water in the Restricted Use Area if the ground water has been treated to meet state standards appropriate for its intended use prior to any use. (Ord. 5-2-23)
(f) Additional Restricted Use Zone Established Prohibiting Drilling into or Extration of Ground Water.
(1) That there is hereby established within the City of Moundsville the following Restricted Use Area in which the drilling into or extraction of ground water is prohibited:
The parcels of land known as District 11, Map 10, Parcels 95, 105,106,107, and 108 and the adjacent part of Fostoria Avenue, from its intersection with First Street and extending the width of Fostoria avenue northward for 250 feet, all as depicted by that certain map attached to the Land Use Covenant recorded at the Office of the Clerk of the County Commission of Marshall County, West Virginia.
(2) Ground water is defined as water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zone. Henceforth, there shall be a prohibition on the use of groundwater in the zone for purposes other than monitoring and remediation, which shall be a land use covenant.
(3) This prohibition applies to any excavation or penetration in the ground, whether drilled, bored, cored, driven or jetted that enters or passes through ground water for purposes that include, but are not limited to, a water supply, exploration for water, dewatering or heat pump wells.
(4) Nothing contained in this section shall prohibit the extraction of ground water from installation, modification, operation, repair or removal of monitoring and/or remediation wells when operated with the authorization of or at the direction of state or federal environmental officials or agencies.
(5) Nothing contained in this section shall prevent any construction activity within the Restricted Use Area which is not for the purpose of using ground water and that does not contemplate the disruption of ground water during construction. Additionally, nothing in this section shall prohibit any construction activity within the Restricted Use Area which is not for the purpose of using ground water but that may result in incidental disturbance of ground water, provided all state laws and regulations applicable to construction under such conditions, including, but not limited to, all laws and regulations enforced and promulgated by the DEP, are verifiably met. If incidental disturbance of ground water occurs, the contractor shall provide notice of the disturbance to the Office of Environmental Remediation of the Department of Environmental Protection (304-926-0455).
(g) Nothing contained in this section shall prevent the use of ground water in the Restricted Use Area if the ground water has been treated to meet state standards appropriate for its intended use prior to any use.
(Passed 3-2-21.)