(A)   This subchapter has been established to:

      (1)   Recognize the safety and potability of the community’s water supply requires that lands near wellfields used to supply water for public purposes be subject to land use controls designed to prevent site development that is injurious to the public water supply;

      (2)   Recognize that commercial and industrial uses, if unregulated, have an immediate probability of permitting the introduction of toxic substances into the water supply;

      (3)   Recognize, local water utilities, in compliance with the state’s Department of Environmental Management mandates for community public water systems, are presently establishing wellfield protection programs as a first step towards protecting their public water supply wellfields;

      (4)   Recognize, all public water supplies in the town are totally dependent on ground water as the source for public water supplies; and

      (5)   Recognize, future development in the town is dependent on the availability of a safe and dependable supply of drinking water.

   (B)   For the above mentioned reasons, the Town Council is establishing the Wellhead Protection Overlay District with the following regulations.

(Ord. 2002-05, passed 12-30-2002, § 5.1)

   The jurisdictional boundaries for the Wellhead Protection Overlay District (WP-OL) shall be shown on the Official Zoning Map as a hatch or textured pattern and noted on the map legend as the Wellhead Protection Overlay District (WP-OL).

(Ord. 2002-05, passed 12-30-2002, § 5.2)

   (A)   The following requirements apply to all land within the wellhead protection zones, as defined in § 156.083 of this chapter, with the exceptions of single and multi-family residential land uses connected to municipal sanitary and storm sewers.

   (B)   After the effective date of this chapter, no building, structure, premises or part thereof shall be constructed, erected, enlarged, extended or relocated except in conformity with these regulations and for uses permitted by this chapter and until the proposed site and land use description has been filed with and approved by the Zoning Administrator.

(Ord. 2002-05, passed 12-30-2002, § 5.3)

   The following areas are designated as wellfield protection zones:

   (A)   Zone 1: The area contained within a one year time-of-travel to a public water supply well or wellfield, as defined by a modeled delineation performed in compliance with 327 I.A.C. 8-4.1; or the areas within 1,000 feet of a public water supply well; and

   (B)   Zone 2: The area contained within a five-year time-of-travel to a public water supply well or wellfield, as defined by a modeled delineation performed in compliance with 327 I.A.C. 8-4.1; or the areas within 3,000 feet of a public water supply well.

(Ord. 2002-05, passed 12-30-2002, § 5.4)

   The following are not required to submit site and development plans:

   (A)   Any land use within Zone 1 that in the ordinary course of their business has or will have, less than the threshold amount of one gallon of liquids in the aggregate or six pounds of water soluble solids;

   (B)   Any land use within Zone 2 that in the ordinary course of their business has or will have, less than the threshold amount of 100 gallons of liquid in the aggregate or 600 pounds of water soluble solids in the aggregate; and

   (C)   In determining thresholds, the following substances shall be exempted:

      (1)   Reasonable quantities of substances used for routine building and yard maintenance stored inside a facility;

      (2)   Liquids required for normal operation of a motor vehicle in use in that vehicle;

      (3)   Substances contained within vehicles for bulk deliveries to the site;

      (4)   Beverages and food at restaurants, supermarkets, convenience stores, and other retail food establishments;

      (5)   Uncontaminated public water supply water, ground water and/or surface water;

      (6)   Substances, which are packaged in pre-sealed containers, sold at retail establishments;

      (7)   Substances utilized for the production and treatment of public water supply; and

      (8)   Substances, which due to their inherent chemical or physical properties, that are scientifically determined in writing to pose no significant threat to ground water quality.

(Ord. 2002-05, passed 12-30-2002, § 5.5)

   Unless otherwise exempted under § 156.084 of this chapter, any proposed land use within a Wellhead Protection Overlay District must submit a site and development plan, as described in §§ 156.086, 156.087 and 156.088 of this chapter.

(Ord. 2002-05, passed 12-30-2002, § 5.6)

   (A)   Property located within Zones 1 and 2 proposed for new construction or expansion of existing facilities shall prepare and submit a description of said construction or expansion and the new or expanded use of the property. The site description shall be submitted to the Zoning Administrator for review and either approval, disapproval or approval with conditions. The Zoning Administrator may solicit comments from the County Health Department and the applicable water utility on the site and development plan.

   (B)   In reviewing the site and land use description, the Zoning Administrator shall assess whether the site and proposed land use:

      (1)   Will prevent potential ground water contaminants associated with human activity from interfering with each community public water supply system’s ability to produce drinking water that meets all applicable federal and state drinking water standards after undergoing conventional ground water treatment, as employed by the public water supply system. These treatment processes include, but are not limited to, aeration, detention, pressure filtration and disinfection.

      (2)   Will not unreasonably endanger the quality of ground water in a designated wellhead protection area. An unreasonable risk includes, but is not limited to, the inappropriate storage, handling, use and/or production of metals, inorganic compounds, volatile organic compounds, semi-volatile organic compounds or other substances listed at 40 C.F.R. part 355, or defined at Ch. 4 of the County Code, “Hazardous Material Emergencies”, (10-4-4-1) within a wellhead protection area; and

      (3)   The site complies with the standards and prohibitions listed in § 156.088 of this chapter.

(Ord. 2002-05, passed 12-30-2002, § 5.7)

   Site and development plans shall include the following:

   (A)   A narrative report of the proposed site, including:

      (1)   Description of the site including any existing uses, setbacks, available sewage disposal facilities and a brief history of the site (including any former uses, historical environmental concerns, abandoned wells, underground storage tanks, septic systems and the like);

      (2)   Description of the proposed operations, including chemical/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/maintenance procedures;

      (3)   Methods and locations of receiving, handling, storing and shipping chemicals/products and wastes;

      (4)   Spill or release response measures and reporting; and

      (5)   Description of slopes near containment vessels and waste storage areas.

   (B)   A site plan including:

      (1)   A vicinity map (USGS quadrangle preferred); and

      (2)   A site map (drawn to scale) depicting:

         (a)   All existing and proposed structures;

         (b)   Paved and non-paved areas;

         (c)   Utility lines (inside and outside structures) including sanitary sewers, storm sewers, storm retention ditches/basins/french drains/dry wells and the like (both proposed and existing);

         (d)   Floor drain locations and outlets;

         (e)   Chemical/product storage locations;

         (f)   Waste storage locations;

         (g)   Liquid transfer areas;

         (h)   Site surface water bodies (streams, rivers, ponds);

         (i)   Underground storage tanks (and associated piping);

         (j)   Above ground storage tanks (and associated piping); and

         (k)   Slope and contours of finished grade at two-foot intervals.

   (C)   Proposed containment area detail drawings, including area, heights, materials, specifications, if applicable.

(Ord. 2002-05, passed 12-30-2002, § 5.8)

   (A)   Except for single-family residences (with sewage flows under 750 gallons per day), all development shall be connected to municipal sanitary sewers or combined sewers. Floor drains, if present, must be connected to sanitary sewers or combined sewers or routed to a temporary holding area for removal.

   (B)   No surface impoundments, pits, ponds or lagoons shall be established, except for:

      (1)   Storm water detention and retention ponds; and

      (2)   Recreation, landscaping, or public water supply purposes.

   (C)   In Zone 1, detention and retention ponds shall be constructed in a manner that provides an effective barrier to the migration of potential ground water contaminants into ground water.

   (D)   The following restrictions apply to new storage areas in Zone 1.

      (1)   No above ground storage of liquid and/or petroleum of greater than 1,000 gallons in aggregate is permitted.

      (2)   No storage of water-soluble solids of more than 6,000 pounds per container in any one containment area is permitted.

      (3)   No new underground storage tanks (USTs) are permitted.

   (E)   All above ground storage of liquids in excess of 40 gallons for more than 24 hours within Zones 1 and 2 must provide secondary containment which meets the following requirements.

      (1)   Containment must be capable of containing 110% of the volume of the tank or tanks.

      (2)   Constructed to meet one of the following:

         (a)   Designed to prevent and control the escape of the contaminant(s) into ground water for a minimum of 72 hours before removal; or

         (b)   Designed and built with an outer shell and a space between the tank wall and outer shell that allows and includes interstitial monitoring.

      (3)   The secondary containment structure shall be properly maintained and shall be free of vegetation, cracks, open seams, open drains, siphons or other openings that jeopardize the integrity of the structure.

      (4)   Secondary containment systems shall be designed so that the intrusion of precipitation is inhibited or that storm water is removed to maintain system capacity.

   (F)   In Zone 1, the following requirements apply to existing fuel dispensing facilities and associated underground storage tanks (USTs) which are to be replaced or upgraded.

      (1)   All USTs shall be double walled.

      (2)   All USTs shall include the following three methods of release detection:

         (a)   Inventory control, as defined in 40 C.F.R. § 280.43(a);

         (b)   Monthly 0.2 in-tank leak test as defined in 40 C.F.R. § 280.43(d); and

         (c)   Interstitial monitoring of a double walled approved UST as defined by 40 C.F.R. § 280.43(g).

      (3)   Connected piping must include the following three methods of release detection:

         (a)   Inventory control;

         (b)   Continuous detection for three-gallon per hour line leak, as specified in 40 C.F.R. § 280.44(a), except that automatic shut off is required at 95% tank capacity; and

         (c)   Double walled line which is continuously monitored to detect the presence of liquid in the interstitial space and provided an alarm as specified in 40 C.F.R. § 280.44c, via 40 C.F.R. § 280.43g.

   (G)   In Zone 2, the requirements of 40 C.F.R. part 280 apply to all existing, registered USTs that are replaced or upgraded and USTs installed at new fuel dispensing facilities. In addition, the construction standards of 40 C.F.R. part 280, applicable to non-petroleum USTs, shall be applicable to the following in Zone 2:

      (1)   Tanks that are covered by state or federal hazardous waste regulations; and

      (2)   Heating oil tanks for on-site use.

   (H)   All Class V injection wells (including, but not limited to, dry wells, large-capacity cesspools, motor vehicle waste disposal wells or other injection wells as defined at 40 C.F.R. part 146) shall be prohibited with the exception of the following:

      (1)   Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump, if non-contact;

      (2)   Cooling water return flow wells used to inject water previously used for cooling, if non-contact;

      (3)   Barrier recharge wells used to replenish the water in an aquifer or to improve ground water quality; provided, the injected fluid does not contain potential ground water contaminants; and

      (4)   Wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power, if non-contact.

   (I)   The transfer area for bulk delivery of liquids shall be required to accommodate and contain a release that occurs during loading and unloading of a tank as follows.

      (1)   The liquid transfer area shall be constructed in a manner to prevent a release in the transfer area from reaching the ground water.

      (2)   The portion of the liquid transfer area intended to contain releases shall be maintained so that it is free of vegetation, cracks, open seams, open drains, siphons or other openings that jeopardizes the integrity of the area.

   (J)   No disposal of solid waste, as defined at 329 I.A.C. 10-2-174 shall be permitted in either Zone 1 or Zone 2.

   (K)   The following requirements apply to all excavation activities associated with the removal of sand and gravel materials.

      (1)   If the extraction of sand and gravel involves the removal of materials below the normal ground water level, the work shall be performed by means of a dragline, floating dredge or an alternative “wet” excavation method.

      (2)   There shall be no de-watering of sites utilized for sand and gravel extraction.

      (3)   No form of solid waste (as defined at 329 I.A.C. 10-2-174) or any other form of waste material of any kind, including, but not limited to, construction/demolition debris, shall be used on the site. Clean natural earth fill materials may be used without restriction as to origin or placement on-site.

      (4)   All fuels, oils, lubricants, hydraulic fluids, petroleum products or other similar materials on site shall have appropriate secondary containment, as specified in division (E) above.

 

(Ord. 2002-05, passed 12-30-2002, § 5.9)