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)
A. Establishment Of Wellhead Or Spring Related Vulnerability Tiers: Surrounding each PWS well or spring shall be four (4) functional tiers that correlate with the vulnerability of a PWS well or spring to contamination. Each tier shall be subject to the functional use and activity limitations prescribed by the city of Payette zoning ordinance.
1. Wellsite Tier: The land that immediately surrounds the wellhead and having a radius of not less than fifty feet (50') from the well, or as otherwise depicted in DEQ's PWS records, shall be known and designated as the wellsite tier. Irrespective of the local land use zone applied within the wellsite tier, uses permitted therein shall be limited to necessary public water supply wellhead equipment, which may include pump houses, wellhead facility buildings, water storage tanks, disinfection equipment, disinfection chemical storage, and approved landscaping. No uses otherwise permitted by the underlying land use zone shall be permitted in the wellsite tier unless approved by DEQ. The area encompassed by the wellsite tier shall include, at a minimum, the land referenced above.
2. Inner Vulnerability Tier: The PWS inner vulnerability tier constitutes those lands located outside the wellsite tier, extending outward to the inside boundary of the intermediate vulnerability tier. The inside boundary of the intermediate vulnerability tier coincides with the outer limit of the area determined to circumscribe the zero to three (3) year TOT area for community and nontransient noncommunity PWSs, or a one thousand foot (1,000') radius for transient noncommunity PWSs as determined by site specific DEQ evaluation. In addition to the land use standards made applicable by the underlying land use zone and general restrictions supplied by the city of Payette zoning ordinance, the land uses, physical installations, or conditions established by title 17, chapter 17.90 of this code shall be prohibited within the inner vulnerability tier as determined within the applicable DEQ records for each PWS.
3. Intermediate Vulnerability Tier: The PWS intermediate vulnerability tier constitutes those lands located outside the inner vulnerability tier, extending outward to the inside boundary of the outer vulnerability tier. The inside boundary of the outer vulnerability tier coincides with the outer limit of the area determined to circumscribe the three (3) to six (6) year TOT area as determined by site specific DEQ evaluation. In addition to the land use standards made applicable by the underlying land use zone and general restrictions supplied by the city of Payette zoning ordinance, the land uses, physical installations, or conditions established by title 17, chapter 17.90 of this code shall be prohibited within the intermediate vulnerability tier as determined within the applicable DEQ records for each PWS.
4. Outer Vulnerability Tier: The outer vulnerability tier constitutes those lands located outside the intermediate vulnerability tier extending outward to the outside boundary of the outer vulnerability tier. The outside boundary of the outer vulnerability tier coincides with the outer limit of the area determined to circumscribe the six (6) to ten (10) year TOT area as determined by site specific DEQ evaluation. In addition to the land use standards made applicable by the underlying land use zone and general restrictions supplied by the city of Payette zoning ordinance, the land uses, physical installations, or conditions established by title 17, chapter 17.90 of this code shall be prohibited within the outer vulnerability tier as determined within the applicable DEQ records for each PWS. (Ord. 1417, 2016)
A. All permit requests shall be in writing. The obligation to demonstrate compliance with the requirements of this chapter shall lie with the permit applicant. Whenever any permit request calls for proof of compliance, the administrator of this chapter shall maintain written records of the compliance process from the point of initial application to its conclusion. All licenses which are issued shall be granted by the city clerk or designee. The city clerk or designee shall grant or deny the permit within thirty (30) days of the time it is filed with the city clerk. Whenever the city clerk or designee denies a permit, they shall specify in writing:
1. The statutes, ordinances and standards used in evaluating the application;
2. The reason for the denial; and
3. The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.
B. Whenever an administrative authorization is required to demonstrate compliance with standards established by this chapter or whenever an administrative authorization decision is appealed to the city council of the city of Payette, written notice of the hearing shall be given to the entity(ies) operating the public water supply(ies) within the regulatory distance called for pursuant to this chapter. Any administrative determination shall comply with any procedural requirements established by the city of Payette zoning ordinance and this chapter. Said determination shall be in writing and shall state the basis in fact and law for the approval or denial of a permit. An applicant is authorized to request reconsideration of any permit decision by the administrator, provided that an affected PWS shall be notified of any such request and shall be allowed to participate in any such proceedings. The permit applicant and affected PWS shall be promptly notified of the final decision.
C. Any permit decision made by the administrator may be appealed by the permit applicant or the PWS to the city council of the city of Payette. Any such appeal must be filed within twenty eight (28) days of the mailing date of the final decision by the administrator and shall state the legal basis therefor. The appellant, any opposing party, and the administrator shall be entitled to be heard by the city council. Any decision on appeal made by city council of the city of Payette shall be in writing and shall state the facts and legal standards relied upon. (Ord. 1417, 2016)
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