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The purpose of this Chapter is the protection of health, life, resources and property through the regulation of hazardous substance transport and storage, and related aspects of land use and development in the vicinity of any well that supplies potable water to the Town water system. (Ord. 9-5-13, 3-27-1997)
As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
AQUIFER: A geologic formation, group of formations or part of a formation that contains sufficient saturated, permeable material to yield significant quantities of water to wells and springs.
COMMUNITY WATER SYSTEM: A public water system that serves ten (10) or more families or serves industry serving ten (10) or more persons.
FACILITY: A building or buildings, appurtenant structures and surrounding land used by a single business, private entity or governmental unit or sub-unit at a single location or site.
GROUND WATER: Water in a saturated zone or stratum beneath the surface of land or water, whether or not it is flowing through known and definite channels.
HAZARDOUS SUBSTANCES: Those materials specified in Section 9-2-4 of this Chapter.
MANAGEMENT ZONES: A zone or zones established to provide protection to the area surrounding a well or well field from potential contaminant sources. Management options may include limits on certain activities, more stringent design and operating standards, strict monitoring of potential pollution sources, promoting best management practices and/or implementing education programs. Multiple protection zones may be established for different management strategies based on proximity to the well field.
PETROLEUM PRODUCT: Fuels (gasoline, diesel fuel, kerosene and mixtures of these products), lubricating oil, motor oils, hydraulic fluids and other similar products.
POTABLE WATER: Water that is satisfactory for drinking, culinary and domestic purposes meeting current State and Federal drinking water standards.
PRIMARY CONTAINMENT: The first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
PRIMARY PROTECTION ZONE: An area extending not less than two hundred feet (200') radially from any well used in monitoring or supplying potable water to the community water system.
PUBLIC UTILITY: Any utility (gas, water, sewer, electrical, telephone, cable television, etc.) whether publicly owned or privately owned.
SECONDARY CONTAINMENT: The level of product-tight containment external to and separate from the primary containment. Secondary containment shall consist of leak-proof trays under containers, floor curbing or other containment systems and shall be of adequate State-approved size and design to handle all spills, leaks and/or overflows, and specific design and selection of materials shall be sufficient to preclude any substance loss. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented.
STORAGE SYSTEM: Any one or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults or other portable or fixed containers used or designed to be used for the storage of hazardous substances at a facility.
WELL: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is to conduct ground water from an aquifer or monitor the characteristics of ground water within an aquifer system. (Ord. 9-5-13, 3-27-1997)
The materials regulated by this Chapter shall consist of the following:
A. "Petroleum products", as defined in Section 9-2-3 of this Chapter.
B. Substances listed in Section 9-2-5 of this Chapter and the Federal hazardous waste list.
C. Substances other than those listed on the Federal hazardous waste list that are determined by State or Federal agencies to pose a significant threat to any community water supply well or well field. (Ord. 9-5-13, 3-27-1997)
A. Hazardous Substances; Reporting Required: No person shall discharge or cause or permit the discharge of a hazardous substance (including herbicide and pesticide) to the soils, ground water or surface water within the Primary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the appropriate water system personnel.
B. Sanitary Landfills: New sanitary landfills are prohibited within the Primary Protection Zone.
C. Use, Production, Storage Of Hazardous Substances; Exception: The use, handling, production and storage of hazardous substances is prohibited in the Primary Protection Zone, except as provided under Section 9-2-8 of this Chapter.
D. Feedlots And Other Similar Facilities: Feedlots or other concentrated animal facilities are prohibited within the Primary Protection Zone.
E. Wastewater Treatment Plants: Wastewater treatment plants are prohibited within the Primary Protection Zone.
F. Septic Tanks: Septic tanks are prohibited within the Primary Protection Zone. (Ord. 9-5-13, 3-27-1997)
A. Authority; First Zone: Additional protection beyond the Primary Protection Zone shall be accomplished by the establishment of management zones. The first management zone shall begin at a point or points not less than one hundred feet (100') radially from any community water well and extend outward to a point or points as determined by the Wellhead Protection Area Planning Committee.
B. Subsequent Zones: Subsequent and additional management zones may be established whenever it is determined that the wellhead protection area needs to be expanded to provide adequate protection for the ground water within and/or adjacent to the wellhead protection area.
C. Zone One: The boundaries of Management Zone One shall begin at a point or points along the outer perimeter of the Primary Protection Zone and extended outward to all points within and including the Town limit boundaries. Furthermore, as the Town limit boundaries are extended or changed, the Management Zone One boundaries shall be extended or changed in like manner and simultaneously.
D. Zone Two:
1. The boundaries of Management Zone Two shall include all the area extending between the Primary Protection Zone and/or the Management Zone One outer perimeter and a minimum of one mile radially from any well supplying water to the aforementioned community water system.
2. The area within Management Zone Two shall be managed by conducting a public education program to inform the property owners of the need for and methods of wellhead protection. If additional management methods are necessary, the appropriate governing bodies with jurisdiction over the area within the Management Zone Two shall be notified. (Ord. 9-5-13, 3-27-1997)
A. Zone One: All wells within Management Zone One shall meet all State construction and monitoring requirements of a community water system.
B. Zone Two: Before any new well is to be installed, the Town shall be notified.
C. Additional Restrictions:
1. Any more restriction within each management zone shall be determined by a wellhead protection area planning committee. The planning committee or their appointee shall conduct a survey of the wellhead area and identify the potential sources of contamination therein.
2. After assessing the local ground water protection needs, the method or combination of management methods shall be submitted for approval.
3. The restrictions, if any, within each management zone, may be modified periodically to provide additional protection or to prevent future contamination. (Ord. 9-5-13, 3-27-1997)
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