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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)
The following activities or uses are exempt from the provisions of this Chapter:
A. The transportation of any hazardous substance through the wellhead protection area, provided the transporting vehicle is in-transit.
B. The use of herbicides and pesticides is prohibited within the Primary Protection Zone but is allowed within the management zones, provided best management practices are used or it is determined that the use of such herbicides and pesticides does not pose a serious threat to the ground water.
C. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.
D. Fire, police, emergency medical services, emergency management center facilities or public utility transmission facilities.
E. Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers.
F. Consumer products limited to use a facility solely for janitorial or minor maintenance purposes.
G. Consumer products located in the home which are used for personal, family or household purposes.
H. The storage and use of hazardous substances such as fuel or lubricant to provide auxiliary power for emergency use to the well field, provided an enclosed secondary containment system is provided for the substance.
I. The use of water treatment chemicals connected with the operation of the well. (Ord. 9-5-13, 3-27-1997)
Any violation of this Chapter occurring within Primary Protection Zone, Management Zones One and Two shall constitute a Class A misdemeanor and be punishable by imprisonment in the County jail for up to twelve (12) months and/or by a fine of up to five hundred dollars ($500.00) for each separate violation hereof. For any corporation committing any violation of this Chapter within Primary Protection Zone and Management Zone One shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or double the defendant's gain, whichever is greater. (Ord. 9-5-13, 3-27-1997)