(A) The city hereby prohibits the use of groundwater from any property located in the Restricted Use District referenced in Exhibit A attached to Ordinance 2144 located in the city and prohibits the drilling and/or the excavation intended to gain access to groundwater at or beneath such property for potable use or other purposes.
(B) GROUNDWATER is defined as water occurring in the zone of saturation beneath the seasonal high-water table or any perched water zone.
(C) The Restricted Use District, for the purpose of this section, is defined as that area indicated in the map attached to Ordinance 2144 as Exhibit A that is located within the City of Weirton in and near former industrial and manufacturing facilities.
(D) Expressly excepted from this prohibition is:
(1) The extraction of groundwater from the installation, modification, operation, repair or removal of monitoring and/or remediation wells operated pursuant to the authorization of or at the direction, request or in cooperation with federal or state environmental officials;
(2) Construction activity where access to or contact with groundwater is unintended and/or incidental to and not otherwise for the purpose of using the groundwater;
(3) Drilling or construction activity by property owners, where groundwater is unintentionally encountered and where any groundwater that may be impacted will not be used for any purpose; and
(4) The use of groundwater in the designated area if the groundwater has been treated to meet state standards appropriate for its intended use prior to use.
(E) Extraction of groundwater at or beneath any property located in the Restricted Use District is expressly prohibited except as noted below or otherwise approved by resolution of the City Council.
(F) Where submitted, City Council or other appropriately designated authority will not unreasonably deny variance requests where use of groundwater is not the intent of the activity.
(Ord. 2144, passed 1-11-21)