Irrespective of the zoning designation applied to any land or land use governed herein, such zoning designation shall be subject to the limitations established by this section pursuant to title 13, chapter 13.03 of this code, which is intended to protect source water that supplies public water systems (PWS) within the city of Payette. By reference to the provisions and accompanying source water protection overlay map adopted by section 13.03.030 of this code, the following requirements and limitations apply within any land use zone:
A. As respects the inner vulnerability tier designated by section 13.03.040 of this code, the following uses are hereby prohibited:
All manufacturing or industrial businesses involving the collection, handling, manufacture, use, storage, transfer, or disposal of any hazardous solid or liquid material or waste that is not positively contained such that it cannot migrate into the earth, groundwater, or surface water, thereafter presenting the potential impact of polluting groundwater.
Any newly installed septic tanks or drainfields less than two hundred feet (200') away from a PWS wellhead.
Automobile or truck body/repair shops, gas stations, maintenance or fueling areas.
Confined animal feeding operation (CAFO) as defined by code or rule.
Existing septic tanks or drainfields less than one hundred feet (100') from a PWS wellhead serves as constraint on new well placement.
Existing sewer lines less than one hundred feet (100') from a PWS wellhead serves as constraint on new well placement.
Hazardous waste storage or disposal facility as defined herein.
Injection wells (shallow and deep) except for closed systems, certified as such by a licensed professional engineer.
Junk or salvage yards as defined by this zoning ordinance.
New sanitary sewer system components and sewer lines closer than one hundred fifty feet (150') from a PWS wellhead.
Oil and gas wells or drilling sites.
Petroleum manufacturing or processing facilities providing treatment or disposal of petroleum products including, but not limited to, waste oil, oil filters, and tires and all other petroleum products.
Sanitary landfill.
B. As respects the intermediate vulnerability tier designated by section 13.03.040 of this code, the following uses are hereby prohibited:
All manufacturing or industrial businesses involving the collection, handling, manufacture, use, storage, transfer, or disposal of any hazardous solid or liquid material or waste that is not positively contained such that it cannot migrate into the earth, groundwater, or surface water, thereafter presenting the potential impact of polluting groundwater.
CAFO as defined by code or rule.
Deep injection well (18 feet in depth or more), except when designed and used for geothermal heat, heat pump return flow, and uncontaminated cooling water return flow certified as such by a licensed professional engineer or other qualified professional including a public agency building inspector.
Hazardous waste storage or disposal facility as defined herein.
Oil and gas wells or drilling sites.
Petroleum manufacturing or processing facilities providing treatment or disposal of petroleum products including, but not limited to, waste oil, oil filters, and tires and all other petroleum products.
Sanitary landfill.
Shallow injection well (less than 18 feet in depth), if the depth to groundwater is less than twenty five feet (25'). All shallow injection wells shall use best management practice (BMP) options, such as those included in the most current version of DEQ's "Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties". The following injection wells are exempt: aquifer recharge flow, aquifer remediation related well, and septic tank and drainfield systems permitted and constructed according to law.
C. As respects the outer vulnerability tier designated by section 13.03.040 of this code, the following uses are hereby prohibited:
All manufacturing or industrial businesses involving the collection, handling, manufacture, use, storage, transfer, or disposal of any hazardous solid or liquid material or waste that is not positively contained such that it cannot migrate into the earth, groundwater, or surface water, thereafter presenting the potential impact of polluting groundwater.
Deep injection well (18 feet in depth or more), except when designed and used for geothermal heat, heat pump return flow, and uncontaminated cooling water return flow certified as such by a licensed professional engineer or other qualified professional including a public agency building inspector.
Hazardous waste storage or disposal facility as defined herein.
Oil and gas wells or drilling sites.
Petroleum manufacturing or processing facilities providing treatment or disposal of petroleum products including, but not limited to, waste oil, oil filters, and tires and all other petroleum products.
Sanitary landfill.
Shallow injection well (less than 18 feet in depth), if the depth to groundwater is less than twenty five feet (25'). All shallow injection wells shall use BMPs, such as those included in the most current version of DEQ's "Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties". The following injection wells are exempt: aquifer recharge flow, aquifer remediation related well, and septic tank and drainfield systems permitted and constructed according to law.
D. Any such application denied a permit may seek an administrative authorization by demonstrating with clear and convincing evidence that the activity prohibited would pose no material risk of polluting the water source for a potentially affected PWS. Any decision on an administrative appeal may be heard before the city council of the city of Payette. (Ord. 1418, 2016)