Ada City Zoning Code
CHAPTER 1164
WP-Wellhead Operation/Protection District
1164.01 PURPOSE.
The “WP” Wellhead Operation/Protection District is designed to safeguard the public health, safety and welfare of citizens and institutions that are customers of the Village water system by regulating land use and the storage, handling, use or production of regulated substances within the zone of influence. The intent of this designation is to protect the community’s potable water supply against contamination. This district will be mapped on property owned or controlled and operated from existing and/or proposed public water supply wells, or other related groundwater supply facilities. (Ord. 2011-02. Passed 3-1-11.)
1164.02 APPLICABILITY TO UNDERLYING ZONING DISTRICTS.
These provisions shall be applicable to all lands shown as being located within the boundaries of the “WP” Wellhead Operation/Protection District on the zoning map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(Ord. 2011-02. Passed 3-1-11.)
1164.03 PERMITTED USES, BULK AND YARD REGULATIONS.
The permitted uses, bulk and yard regulations within the “WP” Wellhead Operation/Protection District shall be those of the underlying zoning district, except as provided herein. (Ord. 2011-02. Passed 3-1-11.)
1164.04 PROHIBITED USES.
Sanitary landfills, dry wells, landfills comprised of demolition debris and other non- approved matter and junkyards are prohibited in the “WP” Wellhead Operation/Protection District. (Ord. 2011-02. Passed 3-1-11.)
1164.05 BEST MANAGEMENT PRACTICES AND EXEMPTIONS.
(a) To the maximum extent practical, owners and operators within the “WP” Wellhead Operation/Protection District shall implement best management practices (BMP) to reduce risk of release and pollution of the environment. BMP’s ally to the use, storage and production of regulated substances listed in this section. BMP’s are defined as “schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the risk of a release”.
(1) BMP’s include, but are not limited to, the following: treatment techniques, operating procedures, and practices to control run-off, spills and leaks.
(2) Spill control measures shall include, but are not limited to, the following: A. Secondary and tertiary containment systems, including the use of containment during chemical storage, transfer and use. The containment system shall be designed to capture 110% of a release from a primary containment unit.
B. Adopting standardized spill response protocols and providing training to employees to help insure response protocols are enacted if a spill or release occurs.
C. Drums and other types of containers holding regulated substances and wastes of such substances as defined in this section shall be stored with secondary containment.
(b) Existing containment systems and procedures shall not be removed, nor shall their ability to contain spills be compromised, so long as regulated substances are stored, transferred or used within the containment areas. Containment systems shall be maintained in good working order. Improvements and/or addition to containment systems may be performed so long as the ability to contain a spill is not compromised. Temporary approved containment systems may be required during maintenance and/or improvements activities.
(c) The following types of products and volumes are exempt from BMP requirements with the “WP” Wellhead Operation/Protection District.
(1) Up to 110 gallons or 800 pounds, in the aggregate of regulated substances used for routine maintenance.
(2) Medical and laboratory research substances used in containers not larger than 5 gallons or 40 pounds in size.
(3) Cleaning agents packaged for personal or household use.
(4) Construction materials stored at or being transported to a permitted construction site which do not pose real or present danger of causing contamination.
(5) Office supplies packaged for personal or household use.
(6) Refrigerants contained in on-site cooling equipment or contained in household appliances, including refrigeration repair service storage vessels.
(7) The thorough transport of a regulated substance, so long as the transporting vehicle is not stopped with the “WP” Wellhead Operation/Protection District for longer than 72 hours.
(8) Properly maintained liquid filled equipment.
(9) Motor vehicle fuels and other liquids that are stored on and are an integral part of an operable motor vehicle or boat and used specifically and solely for the operation of the vehicle in which the substances are contained. This does not include the tanker portion of a tractor-trailer or similarly purposed vehicle.
(10) Heating oil for residential uses stored in tanks with a total capacity of not more than 275 gallons per residential lot.
(d) Substances to be regulated, hereinafter referred to as regulated substances, are chemicals and mixtures of chemicals which are health hazards. Regulated substances include:
(1) Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system and agents which damage the lungs, skin, eyes or mucous membranes.
(2) Mixtures of chemicals, which have been tested as a whole and have been determined to be a health hazard.
(3) Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one percent (1%) or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth percent (0.1%) or greater of the composition on a weight per unit weight basis.
(4) Ingredients of mixtures prepared within the “WP” Wellhead Operation/Protection District in cases where such ingredients are health hazards but comprise less than one-tenth (0.1%) of the mixture (on a weight per unit weight basis) if carcinogenic or less than one percent (1%) of the mixture (on a weight per unit weight basis) if non-carcinogenic.
(5) Petroleum and non-solid petroleum derivatives (except no-PCB dielectric fluids).
(e) New underground storage tanks (USTs) shall be prohibited within the “ WP” Wellhead Operation/Protection District. Existing USTs are permitted so long as their construction, leak detection and maintenance programs meet all local and state UST rules and regulations.
(f) Wastewater Disposal. All uses within this district shall be connected to the public wastewater disposal system or have a wastewater disposal system approved by the Village.
(Ord. 2011-02. Passed 3-1-11.)
1164.06 ENFORCEMENT.
(a) Article 25 of the Village of Ada Zoning Code is incorporated herein and by this reference applies to land within the “WP” Wellhead Operation/Protection District.
(c) Management of Regulated Substances. No person shall place, deposit or permit to be deposited, store, process, use, produce, dispose of, transport or discharge, hereinafter referred to as “handle” any regulated substance on public or private property within the “WP” Wellhead Operation/Protection District, except as provided by law, statute, ordinance, rule or regulation. With the exception of single-family residences or two-family residences wherein the regulated substances are for the normal and customary maintenance of the residence or vehicles under the control of the occupant, the use of any land, building or structure in the “WP” Wellhead Operation/Protection District in which any regulated substances are handled and for which an occupancy certificate has not been issued is hereby determined to be a dangerous public nuisance. Any violation of this section is hereby determined to be a nuisance and must be abated.
(d) Public Water Supply Protection Authority. If any activity or use of regulated substance is deemed by the Zoning Inspector and/or the Village Administrator to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the Zoning Inspector is hereby authorized to:
(1) Cause cessation of said activity or use of the regulated substances;
(2) Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or
(3) Cause the provision or pollution control and/or abatement activities.
When considering the exercise of any of the above authorities or actions, the Zoning Inspector shall consult the Village Administrator. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonable and adequately protected from contamination for the present and the future. The Zoning Inspector may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.
(e) Inspections. Subject to applicable provisions of law, the Zoning Inspector or authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling and records examination pertaining to the requirements of Section 1164.01 through 1164.09 of this chapter. Upon the request of the entity which is the subject of the inspection, and if permitted by the state public records law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Zoning Inspector, the Zoning Inspector may apply to a court of competent jurisdiction for an appropriate warrant to other authority to enter said property, but no consent is necessary for entry into areas then open to the public or to customers.
(f) Technical Consultants. Upon application for a zoning certificate for a use with this district, the Zoning Inspector may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All reasonable costs, as determined by the Village of Ada, incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged to review an application for a zoning certificate.
(Ord. 2011-02. Passed 3-1-11.)
1164.07 REPORTING REGULATED SUBSTANCE SPILLS, LEAKS OR DISCHARGES.
(a) Notification Required. Any person with direct knowledge of a spill, leak or discharge of a regulated substance that escapes containment or contacts a pervious ground surface within the “WP” Wellhead Operation/Protection District and such spill, leak or discharge is not immediately and completely remediated, shall give notice to the Ada Police Department by telephone or in person within thirty (30) minutes. The notification shall include at a minimum, the location of the incident, name and telephone number, date and time of incident, type of substance(s), concentration and volume of substances, and control or corrective action taken. Such notification shall in no way alleviate other local, state and federal reporting obligations as required by law.
(b) Application of Agricultural Chemicals is Not Permitted. The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc., used in routine agricultural operations, including plant nutrients and crop protections materials, is not permitted within the “WP” District.
(c) Liability and Required Documentation. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damage incurred by the Village of Ada in response to such incident, in addition to the amount of any fines imposed on account thereof under state and federal law. Said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood or reoccurrence of such spills, leaks or discharges as soon as practical following the incident, but no later than one hundred eighty (180) days after the incident.
(d) Falsifying Information. No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this section. (Ord. 2011-02. Passed 3-1-11.)
1164.08 EXEMPTION OF REGULATED SUBSTANCES.
The Zoning Inspector is authorized to exclude certain regulated substances that pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the Zoning Inspector shall have the request for exemption reviewed by the Board of Zoning Appeals.
(Ord. 2011-02. Passed 3-1-11.)
1164.09 CLEAN CLOSURE REQUIREMENTS.
Except in the case of a seasonal discontinuation of operation, the owner or operator of any non-residential property that becomes unoccupied or has discontinued operation for a period of ninety (90) consecutive days shall remove all regulated substances from the property other than those used exclusively for heating, cooling and providing electrical lighting for the premises within ninety (90) days after the date upon which the property initially became unoccupied or the operation discontinued. Except as noted above, regulated substances that are excluded from reporting requirements shall be removed by the date specified above. The owner or operator shall secure the regulated substances on the property until they have been removed. The owner or operator shall notify the Village Administrator in writing of the date of cessation of operation or the property becoming unoccupied no later than the day upon which the operation actually ceases or the property becomes unoccupied, and such notification shall include the owner’s name, telephone number and current address and the operator’s name, telephone number and current address. (Ord. 2011-02. Passed 3-1-11.)