This chapter creates a temporary overlay zone to minimize potential exposure to heavy metals from contaminated soils within the lower Silver Creek drainage area, which is identified in section 4-7-4 of this chapter, and consists of the Silver Creek drainage area between Highway 248 and I-80.
A. Development:
1. Anyone desiring to develop or redevelop in the overlay zone shall obtain a soils study and shall show evidence that the development area is outside of the impacted area or shall propose a plan to remediate any environmental problems/violations identified in the study to the satisfaction of UDEQ and EPA before Summit County will grant a development permit.
2. Any party who has received approval to develop in the overlay zone, but has not yet built, shall obtain a soils study and shall show evidence that the development area is outside of the impacted area or shall propose a plan to remediate any environmental problems/violations identified in the study to the satisfaction of UDEQ and EPA before Summit County will grant building permits.
3. Any land owners who may have already built, and/or who do not wish to develop, in the overlay zone shall hereby be on notice that once the final EPA study is completed, if property they own is in the identified impacted area, they shall be required to remediate under the terms identified in the EPA study and shall have a limited time in which to do so.
B. Remediation:
1. Environmental issues identified in any soils study may be remediated through the State of Utah Voluntary Cleanup Program (“VCUP”). A certificate from VCUP shall be prima facie evidence of satisfactory compliance; or
2. Remediation may be executed through any other clean-up plan approved in advance and in writing from UDEQ, EPA and Summit County. (Ord. 692, 3-26-2008)