TITLE 13
WATER, SEWERS AND PUBLIC SERVICES
WATER, SEWERS AND PUBLIC SERVICES
SECTION:
13.03.010: Purpose
13.03.020: Definitions
13.03.030: Source Water Protection Overlay Designations
13.03.040: Well Protection Tiers; Authorization, Establishment, And Limitations
13.03.050: Demonstration Of Compliance Required
13.03.060: Administrative Requirements
13.03.070: Penalty For Violation
13.03.080: Status Of Lawful Existing Facilities
A. The purposes of this chapter include:
1. Protecting the health, safety, and general welfare of the public.
2. Fostering economic well being derived from the availability of clean water.
3. Minimizing public costs related to remediation, treatment, or replacement of the community water supply.
4. Avoiding private costs and economic dislocation as a result of pollution of the public water supply.
5. Providing effective and efficient means for processing administrative permits to implement this chapter. (Ord. 1417, 2016)
Certain defined words and phrases shall have the particular meanings set forth in this section when used within the text of this chapter or as particularly defined in IDAPA 58.01.08, "Idaho Rules For Public Drinking Water Systems", adopted by the Idaho board of environmental quality and Idaho legislature. All other words and phrases contained in this chapter shall be construed in light of their typical meaning applied in the context of the purpose and intent set forth above and elsewhere herein.
AGRICULTURAL RUNOFF WASTEWATER: Water diverted for irrigation, but not applied to crops, or runoff of irrigation water from cropland as a result of irrigation.
AQUIFER REMEDIATION RELATED WELLS: Wells used to prevent, control, or remediate aquifer pollution, including, but not limited to, wells at superfund sites.
COMMUNITY PUBLIC WATER SYSTEM: A public water system (PWS) that serves at least fifteen (15) service connections used by year round residents or regularly serves at least twenty five (25) year round residents.
FACILITY: Any land use, business, or undertaking that is established, constructed, or modified to serve a particular purpose for which potential issues may affect possible degradation of source water.
HAZARDOUS WASTE DISPOSAL FACILITY: A hazardous waste treatment, storage, or disposal facility that receives hazardous material as described in the code of federal regulations 40 CFR 260.1.
HAZARDOUS WASTE OR MATERIAL: Any waste or material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
B. Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of, or otherwise managed; or
C. Any material or substance designated as a hazardous or toxic substance defined by 40 CFR 261.3, or any material or substance designated as a hazardous or toxic substance by the state of Idaho, acting through the Idaho department of environmental quality (DEQ) or any successor agency.
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC WATER SYSTEM RECORDS: Geographic information system data concerning the location and environmental characteristics of water sources for PWSs maintained on computer systems by DEQ or by those subject to DEQ oversight.
INJECTION WELL: Any excavation or artificial opening into the ground used for or intended to be used for injection of waters into the ground inclusive of all facilities so defined within the rules of the Idaho department of water resources.
NONTRANSIENT NONCOMMUNITY PUBLIC WATER SYSTEM: A PWS that does not meet the definition of a community PWS and that serves at least twenty five (25) of the same persons over six (6) months per year. Examples of nontransient noncommunity systems include schools, offices, and businesses.
PUBLIC WATER SYSTEM (PWS): An integrated source and distribution system defined in Idaho Code or regulation serving piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty five (25) individuals at least sixty (60) days out of the year, or as such definition may subsequently be modified by state law or regulation. A PWS can be either a community PWS, a nontransient noncommunity PWS, or a transient noncommunity PWS.
SANITARY LANDFILL: A solid waste disposal operation as defined by Idaho Code or regulation.
SOURCE WATER: Any aquifer, surface water body, or watercourse from which water is taken either periodically or continuously by a PWS for drinking or food processing purposes.
SPECIAL DRAINAGE WELLS: Injection wells used for disposing of water from sources other than direct precipitation. Examples of this well type include landslide control drainage wells, potable water tank overflow drainage wells, swimming pool drainage wells, and lake level control drainage wells.
STORMWATER RUNOFF: Water discharged into the environment as a result of rain, melting snow, or other precipitation.
TIME OF TRAVEL AREAS: Time of travel (TOT) is land area plotted based on the time required for a particle of water to move from a specific point in the aquifer to a well or spring that serves as a source for a PWS. TOT areas are those calculated or approved by DEQ professionals and maintained in DEQ's public records.
TRANSIENT NONCOMMUNITY PUBLIC WATER SYSTEMS: A PWS that does not regularly serve at least twenty five (25) of the same persons over six (6) months per year (e.g., tavern, restaurant with less than 25 regular employees, motel, church, campground, state or federal park, a recreational vehicle park, or highway rest area).
WELLHEAD: The upper terminus of a well, including adapters, ports, seals, valves, and other attachments. (Ord. 1417, 2016)
A. To protect source water from exposure to hazardous materials or practices that expose a well or spring that supplies water to a PWS, the source water protection overlay (SWPO) designation established pursuant to this chapter shall implement certain measures of protection for water sources appropriate to the risk posed by particular conductor activities. An SWPO designation shall be identified and configured to protect a well, spring, or surface water source from vulnerability to pollutants within a calculated ten (10) year time of travel (TOT) area determined by studies and mapping provided by DEQ. Original data concerning such studies can be obtained from DEQ.
B. Source water protection overlay (SWPO) designations shall be depicted on a map of the city of Payette that is designated as the official SWPO designation map. Each spring, well, or surface water intake that serves as a source for a PWS shall be located on the SWPO map. The official SWPO map of like date with the initial effective date hereof is hereby adopted as a component of this chapter and as a complement to the zoning ordinance of the city of Payette. Each subsequently identified PWS well, spring, or surface water intake shall hereby be automatically added to the SWPO map with the well, spring, or surface water intake location identified by its global positioning system coordinates, or by the same means that other wells, springs, or surface water intakes are located within DEQ records concerning PWS wells, springs, or surface water intakes as soon as DEQ studies concerning such PWS are complete. Even if a PWS well, spring, or surface water intake is not depicted on the SWPO map, it shall nonetheless be subject to the protection and limitations afforded by this chapter. No amendment of this chapter or map shall be necessary to apply the requirements of this chapter to any PWS source. Corrective amendments to the SWPO map can be made by administrative staff of the city of Payette upon a determination of factual propriety. (Ord. 1417, 2016)
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