A. Permit Required: Any person who engages in an activity involving the handling of regulated substances within a wellhead protection area after the date of adoption of this Chapter may do so only after obtaining a ground water noncompliance permit. Such continuing activity shall be referred to as "legal noncomplying activity". No person shall engage in any new activity involving the handling of regulated substances within a wellhead protection area without a permit.
B. Conditions Of Permit: Legal noncomplying activities may be continued and maintained as long as the person engaged in such activity maintains a ground water noncompliance permit, subject to the following conditions:
1. No legal noncomplying activity may be enlarged or increased or expanded or altered so as to substantially increase the risk of contamination from such activity in the judgment of the administering agency;
2. Any legal noncomplying activity that is discontinued or abandoned or ceases for a period of six (6) months shall not be considered a legal noncomplying activity, and thereafter may not be resumed; (Ord. 225, 1993)
3. In the event a facility which houses a legal noncomplying activity is destroyed or damaged by any means to an extent of fifty percent (50%) or more (as determined by a State building inspector), the activity involving the handling of regulated substances shall not thereafter be considered a legal noncomplying activity and may not thereafter be resumed or continued. (Ord. 225, 1993; amd. 2000 Code)