A.   Short Title: This chapter shall be known as the WELLHEAD PROTECTION PLAN.

   B.   Purpose: It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to contamination of the public water supply, and to formalize groundwater protection/pollution abatement and control procedures. Specific goals are:

      1.   Protect human life and health;

      2.   Ensure that the public is provided with a sustainable, safe, potable water supply;

      3.   Minimize expenditure of public money for pollution remediation projects;

      4.   Minimize business interruptions. (1974 Code § 4-2301)

When used in this chapter, the following words and phrases shall have the meanings given in this section:

COMMUNITY WATER SYSTEM: A public system which serves at least fifteen (15) service connections used by year round residents or regularly serves at least twenty five (25) year round residents.

FACILITY: Refers to any installation or business that is built, installed or established to serve a particular purpose.

HAZARDOUS WASTE DISPOSAL FACILITY: A hazardous waste treatment, storage, or disposal facility which receives hazardous material as described in the code of federal regulations, part 40, chapter 260.1.

HAZARDOUS WASTE OR MATERIAL: Any waste or material, which because of its quantity, concentration, physical, chemical or infectious characteristics, may:

   A.   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

   B.   Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed; or

   C.   Any material or substance designated as a "hazardous or toxic substance" defined by the code of federal regulations, part 40, chapter 261.3, or any material or substance designated as a hazardous or toxic substance by the state of Idaho, acting through the division of environmental quality or any successor agency.

INJECTION: The subsurface emplacement of fluids.

LIVESTOCK CONFINEMENT OPERATIONS: Any parcel of land having greater than five (5) animal units per acre in a confined area or any parcel of land containing twenty (20) acres or more having more than one hundred (100) animal units total. All livestock shall have the following animal unit equivalents:

 

NONCOMMUNITY WATER SYSTEM: A public water system that is not a community water system.

OVERLAY WELLHEAD PROTECTION AREAS: Overlay wellhead protection areas are delineated based on groundwater gradients and geology of the area of Buhl.

PUBLIC WATER SYSTEM: A system that provides the public with piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty five (25) individuals daily at least sixty (60) days out of the year. Such term includes:

   A.   Any collection, treatment, storage, and distribution facilities under control of the operator of such system, and used primarily in connection with such system; and

   B.   Any collection or pretreatment storage facilities not under such control that are used in connection with such system. A public water system is either a "community water system" or a "noncommunity water system".

SANITARY LANDFILL: A solid waste disposal operation where the wastes are spread on land in thin layers, compacted to the smallest practical volume, and covered with cover material once each day of operation in order to safeguard against environmental pollution, nuisances and health hazards.

UNDERGROUND INJECTION WELL: Any excavation or artificial opening into the ground which meets the following three (3) criteria:

   A.   It is a bored, drilled or dug hole, or is a driven mine shaft or a driven well point; and

   B.   It is deeper than its largest straight line surface dimension; and

   C.   It is used for or intended to be used for injection.

WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments.

WELLHEAD PROTECTION OVERLAY AREA 1A: A minimum fixed radius extending no less than fifty feet (50') radially from the wellhead supplying potable water to city/county public water supplies.

WELLHEAD PROTECTION OVERLAY AREA 1B: This area is based on a three (3) year time of travel to the wellheads as shown in appendix 1, section 9-20-15 of this chapter.

WELLHEAD PROTECTION OVERLAY AREA 2: This area is based on a six (6) year time of travel to the wellheads as shown in appendix 1, section 9-20-15 of this chapter.

WELLHEAD PROTECTION OVERLAY AREA 3: This area is based on a ten (10) year time of travel to the wellheads as shown in appendix 1, section 9-20-15 of this chapter.

WELLHEAD PROTECTION OVERLAY DISTRICT (WHP): A land use designation on the land use map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner. The wellhead protection overlay district will also appear in the hazardous component of the comprehensive plan. A map will define specific area districts centering around wells supplying drinking water to a public water system. (1974 Code § 4-2302; amd. 2010 Code)

There is hereby established a wellhead protection overlay district identified and described as follows: The district shall be composed of the four (4) areas described in section 9-20-2 of this chapter. (1974 Code § 4-2303)

Uses permitted within area 1A shall be limited to necessary public water supply wellhead equipment including the following: wellhead facility buildings, water storage tanks, disinfection equipment, disinfection chemical storage and approved landscaping. All other uses shall be prohibited except as specifically permitted by the director of public works of the city. (1974 Code § 4-2304)

The following uses or conditions are prohibited within area 1B of the wellhead protection area:

Disposal of waste oil, oil filters, tires and all other petroleum products or hazardous waste.

Hazardous waste disposal facilities.

Injection well construction or use is prohibited except for the following:

   A.   Cooling water return,

   B.   Geothermal water return,

   C.   Heat pump return.

Land use activities posing a hazard or threat to existing groundwater quality as deemed by the city engineer of the city during review process applications. (See section 9-20-12 of this chapter for the right to appeal process.)

Livestock confinement operations.

Sanitary landfills.

Wells deeper than three hundred feet (300') except under specific license. Construction of such wells shall be done in accordance with appendix 2, section 9-20-15 of this chapter. (1974 Code § 4-2305)

The following uses or conditions shall be and are prohibited within area 2 of the wellhead protection area:

Injection wells deeper than eighteen feet (18') except for the following uses in closed systems:

   A.   Cooling water return,

   B.   Geothermal water return,

   C.   Heat pump return.

Land use activities posing a hazard or threat to existing groundwater quality as deemed by the city engineer during review process applications. (See section 9-20-12 of this chapter for the right to appeal process.)

Livestock confinement operations.

Wells deeper than three hundred feet (300') except under specific license. Construction of such wells shall be done in accordance with appendix B, section 9-20-15 of this chapter. (1974 Code § 4-2306)

The following uses or conditions are prohibited within area 3 of the wellhead protection area:

Injection wells deeper than eighteen feet (18') except for the following uses in closed systems:

   A.   Cooling water return,

   B.   Geothermal water return,

   C.   Heat pump return.

Land use activities posing a hazard or threat to existing groundwater quality as deemed by the city engineer during review process applications. (See section 9-20-12 of this chapter for the right to appeal process.)

Livestock confinement operations. (1974 Code § 4-2307)

Prior to the development of new wells for the purpose of supplying potable water to any community water system, the proposed well site will be delineated in accordance with section 9-20-3 of this chapter. The delineated areas will then be inventoried for potential contamination sources and the proposed site evaluated as to potential adverse impact to the well site. (1974 Code § 4-2308)

The mayor and city council shall be authorized to adopt policy and procedures for the administration of any wellhead protection area established under this chapter, including, without limitation, those applicable to nonconforming uses, exceptions, enforcement and penalties for all sites within the impact area of the city and administration of areas of the wellhead protection area lying outside of the impact area of the city in accordance with Twin Falls County "wellhead protection plan". (1974 Code § 4-2309; amd. 2010 Code)

Whenever there is a request which requires a special use permit from the planning and zoning commission for land lying within a wellhead protection area, written notice of hearing shall be given to the entity operating the public or community water supply within that overlay district. The planning and zoning commission may require a granting of easements for monitoring wells if the commission deems it appropriate for protection of the public water supply. (1974 Code § 4-2310; amd. 2010 Code)

Any legal use existing at the time of the adoption hereof and listed as a prohibited use herein, shall become a legal nonconforming use and may not be expanded or improved except as otherwise provided in this title. (1974 Code § 4-2311)

Any person, firm or corporation desiring to use the land within the area designated or areas 1A, 1B, 2 or 3, in a manner contrary to the provisions of this chapter shall have the right to appeal or apply for a waiver from the restrictions. For property located within the city limits, the mayor and city council shall act as the hearing board and enter a decision in regards to the appeal and/or waiver request. After full hearing, further appeal shall be referred to the district court in accordance with Idaho Code. For property located outside the city limits, the mayor and city council shall act as the hearing board and make recommendation as to the appeal and/or waiver to the county commissioners. (1974 Code § 4-2312; amd. 2010 Code)

   A.   Violation: It shall be unlawful for any person, firm, or corporation to occupy or use the land within the area designated areas 1A, 1B, 2 or 3 contrary to, or in violation of, any of the provisions of this chapter.

   B.   Misdemeanor: Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction of any such violation, such person shall be subject to penalty as provided in section 1-4-1 of this code. (1974 Code § 4-2313; amd. 2010 Code)

The city shall be authorized to protect the wellheads in other areas which are not included in areas 2 and 3 as defined in sections 9-20-6 and 9-20-7 of this chapter by relying upon environmental water resources and public nuisance laws already in effect within the state of Idaho, if it appears that any person, firm or corporation is engaging in acts that put the city wellheads or water supply at risk. (2010 Code)

This chapter has three (3) appendices. Appendix A is a map showing the wells supplying the city and the overlay of the wellhead protection district, appendix 1 is the city well delineations, and appendix B defines the method of construction for wells deeper than three hundred feet (300'). (2010 Code)

APPENDIX A

APPENDIX B

CONSTRUCTION OF DEEP WELLS WITHIN WELLHEAD PROTECTION DISTRICT OF THE CITY OF BUHL

Wells three hundred feet (300') deep below ground surface shall be protected against seepage of near surface water as follows:

      1.   A surface seal casing shall be installed extending not less than ten feet (10') into rock. The annulus between the casing and walls of the hole shall be completely filled with Portland cement grout, this casing shall extend not less than twelve inches (12") above surrounding ground. At completion, the well shall be protected by concrete not less than eight inches (8") thick extending for a radial distance of three feet (3') from the well in all directions. The surface of the concrete surround shall be sloped at not less than one-fourth inch (1/4") per foot away from the well in all directions. The casing of the surface seal shall be steel having a wall thickness not less than one-fourth inch (1/4") or approved equal.

      2.   A solid casing shall be installed extending to at least three hundred feet (300') below ground surface. This shall be steel not less than one-fourth inch (1/4") thick or approved equal. There shall be no perforations in the casing except in the bottom twelve inches (12") where holes as may be needed for grouting will be permitted. All welds shall be full penetration butt welds unless sleeves are used for joints in which case complete circumference fillet welds shall be used. If threaded couplings are used, the joints shall be seal welded.

The annulus between the casing and the wall of the hole shall be completely filled with Portland cement grout extending to the ground surface.

Grout mixes shall be water, cement and plasticizer. Bentonite may be added as suspension agent in amounts not to exceed ten percent (10%) by dry weight of the weight of cement. Bentonite, if used, shall be high activity Wyoming bentonite, volclay or equal, and shall be ground to 200 mesh. It shall be hydrated for twenty four (24) hours before incorporating it in the grout mix. Other fillers may be used if approved. Such fillers shall not settle out of the grout mix nor cause bridging or blockage of the annulus. The annulus shall be completely filled from the bottom up with grout and kept filled until the grout takes its final set. The method to be used for placing the grout shall be reviewed and approved by the public works director of the city before starting grouting of the casing.

      3.   Drilling for the remaining depth and completing the well shall not be done until the grout around the casing has hardened to strength of at least one thousand (1,000) psi in cube tests. (1974 Code § 4-2314)