Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be defined as follows:
ABANDONED WELL: A well, the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.
BEST MANAGEMENT PRACTICES (BMPs): A practice or combination of practices determined to be the most effective practicable (including technological, economic and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil and air quality goals. Copies of BMPs are available at the department of environmental quality, division of drinking water.
CFR: Code of federal regulations.
CITY: Wellsville City, Utah.
CITY COUNCIL: The city council of Wellsville City.
CLOSURE: The cessation of operation of a facility, or any portion thereof, and the act of securing such facility or portion thereof, to ensure protection of ground water in accordance with the appropriate state, federal and local regulations applicable to the specific facility and with the provisions of this chapter.
CODE: The Wellsville City municipal code.
CODE INSPECTOR: Any authorized agent or employee of the city whose duty is to assure code compliance.
COLLECTION AREA: The area surrounding a ground water source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other ground water collection devices.
CONTINUOUS TRANSIT: The nonstop movement of a mobile vehicle, except for stops required by traffic laws.
DWSP: Drinking water source protection.
DEPARTMENT: The individual, public agency, division, or department designated by Wellsville City to enforce the provisions of this chapter. For Wellsville City, the departments are public utilities, city manager, mayor, city council, planning commission, and Bear River health.
DESIGN STANDARD: A control which is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example of "design standard".
DISCHARGE: Means and includes, but is not limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing or dumping regulated substances to the soils, air, ground waters or surface waters of the city. "Discharge" does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances; provided, that such use is not prohibited by federal, state or local regulations. "Discharge" shall not include releases specifically authorized by federal or state permits.
DRINKING WATER SOURCE PROTECTION REVIEW COMMITTEE: The city manager, city engineer, public works director and mayor, whose purpose is to make determinations regarding delineation of protection areas and zones.
DRINKING WATER SOURCE PROTECTION ZONE: An area within which certain practices are mandated to protect ground water flowing to public drinking water wells and/or springs.
DRINKING WATER SUPPLY SPRING: A drinking water spring to supply water which has been permitted or intended for consumptive use.
DRINKING WATER SUPPLY WELL: A drinking water well to supply water which has been permitted or intended for consumptive use.
EPA: The U.S. environmental protection agency.
GROUND WATER: Any water which may be drawn from the ground.
GROUND WATER DISCHARGE AREA: An area where the direction of ground water movement is upward from the principal aquifer to the shallow unconfined aquifer. Discharge areas, determined by the United States geological survey (USGS), are shown on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office.
GROUND WATER DIVIDE: A ridge in the water table or potentiometric surface, from which ground water moves away in both directions.
GROUND WATER TOT: Time of travel for ground water.
HANDLE: To use, generate, process, produce, package, treat, store or transport a regulated substance in any fashion.
HAZARDOUS WASTE: A "hazardous waste", as defined by the U.S. EPA.
LAND MANAGEMENT STRATEGIES: Zoning and nonzoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, development rights, public education programs, ground water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
NONRESIDENTIAL: All activity that is not designated as residential.
OPERATING PERMIT: A permit to operate a facility handling regulated substances under this chapter. The permit will be approved by the city council.
PCS: Potential contaminant source.
PWS: Public water system.
PERSON: An individual, firm, partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural, as well as singular.
PETROLEUM PRODUCT: Includes fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum based products.
POLLUTION SOURCE: Point source discharges of contaminants to ground water or potential discharges of the liquid forms of "extremely hazardous substances", which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA title III (SARA title III is the superfund amendment and reauthorization act section found in 40 CFR 300 through 302). Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten (10) animal units. The following clarify the definition of pollution sources:
A. Animal Feeding Operation: A lot or facility where the following conditions are met: Animals have been or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two (2) or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
B. Animal Unit: A unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over fifty five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
C. Extremely Hazardous Substances: Those substances which are identified in 40 CFR 302.
POTENTIAL CONTAMINATION SOURCE: Any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a "potential contamination source".
PRIMARY RECHARGE AREA: The areas depicted on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office.
REGULATED SUBSTANCES: Substances (including degradation and interaction products) which because of quantity, concentration or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health and/or environment (including surface and ground water, plants and animals).
REGULATORY AGENCY: Any governmental agency with jurisdiction over "hazardous waste", as defined in this section.
RESIDENTIAL ACTIVITY: Any building or structure, or portion thereof, that is designed for or used for residential purposes and any activity involving the use or occupancy of a lot for residential purposes. "Residential activity" shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in the zoning ordinance of the city.
SARA TITLE III: The superfund amendment and reauthorization act section found in 40 CFR 300 through 302, pertaining to emergency response and right to know.
SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or nonhazardous wastes, are disposed of on land by placing earth cover thereon.
SECONDARY CONTAINMENT: Any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double walled tank, a double walled integral piping system, or a single walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.
SECONDARY RECHARGE AREA: The areas depicted on exhibit 1, attached to ordinance 2000-02 and on file in the city recorder's office.
SEPTIC HOLDING TANK: A watertight receptacle, used to contain septic waste, the contents of which are extillated and disposed of at a waste disposal facility.
SEPTIC TANK SYSTEM: A generally watertight receptacle connected to a drain field that allows liquid from the tank to enter the soil. The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.
SLUDGE OR BIOSOLIDS: The solids separated from wastewater during the wastewater treatment process.
SOLID WASTE DISPOSAL FACILITY: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.
SOLID WASTE TRANSFER FACILITY: A site, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, and other containers from which such wastes are transported to a landfill or other solid waste management facility.
SPRING: The ground surface outlet of a natural underground spring, including spring collection and control boxes, valves, piping and other attachments.
TRAVEL TIME CONTOUR: The locus of points that form a line of any configuration in space from which ground water particles on that line theoretically take an equal amount of time to reach a given destination, such as a well, well field or spring.
UAC: The Utah administrative code.
USGS: The United States geological survey.
WELL: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of ground water.
WELL FIELD: An area of land which contains one or more drinking water supply wells. (1991 Code § 13.12.030, as amended; amd. 2009 Code)