(A)   This chapter may be cited as the CARLIN DRINKING WATER PROTECTION CRITICAL AREAS.

   (B)   The purpose of this chapter is to protect the public drinking water supply for the residents of the city of Carlin by establishing drinking water source protection zones, known as overlay districts. These overlay districts will surround the wellheads and springs used by the public water system in the city of Carlin. (Ord. 223, 7-25-2007)

The Carlin drinking water protection critical areas are overlay districts superimposed on the zoning districts in the city of Carlin, and shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Activities/facilities/uses must comply with the requirements of both the Carlin drinking water protection critical areas and any underlying zoning district. (Ord. 223, 7-25-2007)

As used in this chapter, unless the context requires otherwise, the following are to mean:

ABANDONED WATER WELL: A well that's use has been permanently discontinued; its pumping equipment has been permanently removed; the well is in such a state of disrepair that it cannot be used to supply water and/or has the potential for transmitting surface contaminants into an aquifer, the well poses potential health or safety hazards, or the well is in such a condition that it cannot be placed in the active, standby, or inactive status.

ANIMAL FEEDLOT/DAIRIES: A lot or facility (other than an aquatic animal production facility) where animals have been, are, 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 feedlots or dairies 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.

APPLICANT: Person or persons applying for a special permit for a facility within the Carlin drinking water protection critical areas.

AQUIFER: A water bearing rock, sand or gravel layer that will yield water in a usable quantity to a well or spring.

CARLIN DRINKING WATER PROTECTION CRITICAL AREAS: The zoning districts defined to overlay other zoning districts in the city of Carlin for the protection of the drinking water within the city of Carlin. The districts are defined in subsections 3-16-4(A) and (B) of this chapter.

CLASS I INJECTION WELL: Wells used to inject hazardous wastes or dispose of nonhazardous industrial waste and treated municipal sewage below the deepest underground source of drinking water.

CLASS II INJECTION WELL: Wells used to inject fluids associated with the production of oil and natural gas or fluids and compounds used for enhanced, hydrocarbon recovery. These wells normally inject below the deepest underground source of drinking water (USDW) except in cases where the USDW contains producible quantities of oil or gas.

CLASS III INJECTION WELL: Wells that inject fluids used in subsurface mining of minerals.

CLASS V INJECTION WELL: Wells not included in the other classes that inject nonhazardous fluid into or above an underground source of drinking water. (The 7 major types of class V wells include drainage wells, geothermal reinjection wells, domestic wastewater disposal wells, mineral and fossil fuel recovery related wells, industrial/commercial/utility disposal wells, recharge wells and miscellaneous wells. Class V injection wells also include all large capacity cesspools and motor vehicle waste disposal wells.)

CONTAMINATION: The presence of a material that may cause or significantly contribute to a present or potential risk to human health, safety, welfare, or that is present in ground water resources or to the natural environment such that it degrades the quality of the resource so as to constitute a hazard and/or impair its use.

DELINEATION: Determining the outline or shape of a drinking water protection area.

DESIGN STANDARD: A control that is implemented for a potential contamination source to prevent discharges to the ground water. Spill protection is an example of a design standard.

DRINKING WATER SOURCE PROTECTION (DWSP) ZONE: The surface and subsurface area surrounding a ground water source of drinking water supplying a public water system through which contaminants are reasonably likely to move toward and reach such ground water source.

GROUND WATER: The water contained in the interconnected pores located below the ground in an aquifer.

GROUND WATER SOURCE: Any well, spring, tunnel, adit, or other underground opening from or through which ground water flows or is pumped from subsurface water bearing formations.

HAZARDOUS MATERIAL: (A) A material that may cause or significantly contribute to a present or potential risk to human health, safety, welfare, to ground water resources or to the natural environment; or

   (B)   That is defined in the following categories:

      1. Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline;

      2. Carcinogenic: A gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils;

      3. Explosive: A reactive gas, liquid or solid that will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate;

      4. Highly Toxic: A gas, liquid, or solid so dangerous to man as to afford unusual hazard of life. Example: chlorine gas;

      5. Moderately Toxic: A gas, liquid or solid that through repeated exposure or in a single large dose can be hazardous to man;

      6. Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid; or

   (C)   The following items listed below and byproducts, reaction products, or waste products generated from the use, handling, storage, or production of these items. Examples: acid and base cleaning solutions, antifreeze and coolants (new or used), arsenic and arsenic compounds, batteries (new and used), brake and transmission fluid, oils/greases/lubricants, brine solution casting and foundry chemicals, caulking agents and sealants, cleaning solvents, cutting fluids, degreasing solvents, disinfectants, electroplating solutions, explosives, fertilizers, food processing wastes, fuels and additives, glues, adhesives, and resins, greases, hydraulic fluid, industrial and commercial janitorial supplies, industrial sludges and still bottoms, inks, printing and photocopying chemicals, laboratory chemicals, metal finishing solutions, oils (petroleum based), paints, primers, thinners, dyes, stains, wood preservatives, paint solvents, and paint removing compounds, pesticides and herbicides, plastic resins and catalysts, plasticizers, photo development chemicals, pool chemicals, roofing chemicals and sealers, solders and fluxes, tanning industry chemicals, transformer and capacitor oils/fluids.

IMPERVIOUS SURFACE: A surface covered by a material that is relatively impermeable to water.

INACTIVE WATER WELL: A well is considered to be inactive if it is not presently operating but is maintained in such a way that it can be put back into operation, with a minimum of effort, to supply water.

NORMAL HOUSEHOLD USE: Storage or use of a hazardous material in quantities less than five (5) gallons if liquid or fifty (50) pounds if solid.

OVERLAY DISTRICT: A designated area that requires additional zoning restrictions in addition to existing zoning regulations.

PERSON: An individual, corporation, joint venture, incorporated association, public or private corporation, partnership, governmental body or other similar entity, public or private.

POLLUTION SOURCE: Point source discharges of contaminants to ground water or potential discharges of hazardous substances which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA title III also known as the "emergency planning and community right to know act" (EPCRA), 42 USC section 11011 et seq. (1986), regulations at 40 CFR chapter I, subpart J. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store 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, drain lines, and animal feeding operations.

POTENTIAL CONTAMINATION SOURCE: Any facility or site, which employs activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.

PROMISCUOUS DUMP: Any collection of solid waste either dumped or caused to be dumped or placed on any property either public or private, whether or not regularly used, and not authorized by the administrative authority.

PUBLIC WATER SUPPLY: A water supply that provides water through constructed conveyances to the public for at least fifteen (15) service connections or regularly serves an average of at least twenty five (25) individuals daily for at least sixty (60) days per year.

SANITARY LANDFILL: A landfill for the disposal of commercial or residential solid waste by deposit in a landfill in layers covered with suitable cover material of a depth and at a frequency adequate to control disease, vectors and odors, and in such a manner that minimizes the risk to human health and the environment.

SANITARY SEWER LINE: A pipeline that connects a residence or other building with a sanitary sewer.

SECURED STORAGE: Natural or created barrier to site ingress or egress around the entire perimeter of a hazardous materials storage area.

SEPTIC TANK/DRAIN FIELD SYSTEM: A system, which is comprised of a septic tank and a drain field, which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drain field system discharges cannot be controlled with design standards.

SOURCE WATER ASSESSMENT PROGRAM: Section 1453 of the safe drinking water act amendments of 1996 (42 USC section 300 j-13 et seq.) required each state to develop a source water assessment program that will: Delineate areas providing drinking water for all public water supplies (ground water and surface water) and inventory drinking water supplies for potential contaminants which may have adverse effects on human health.

SPRING: The ground surface outlet of a natural underground spring including spring collection and control boxes, valves, piping and other attachments.

STORM WATER INFILTRATION STRUCTURE: A structure that is intended to discharge storm water so that it infiltrates ground water.

UNDERGROUND STORAGE TANKS: Underground tanks used for the storage of gas, oil, or other hazardous substances.

WELL: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for conveying ground water to the surface, monitoring ground water levels or other characteristics, providing cathodic protection, or providing a method of injecting water into the aquifer system from above the earth's surface.

WELLHEAD: The physical structure, facility, or device at the land surface, from or through which ground water flows, or is pumped from subsurface water-bearing formations. (Ord. 223, 7-25-2007)

For the purposes of this chapter, there are established within the city of Carlin certain drinking water protection critical areas. The Carlin drinking water protection critical areas are defined as follows:

   (A)   The spring drinking water source is located on the western edge of the city of Carlin near the Chinese Gardens Nature Study Area. This water source is listed as SP02 in the "Source Water Program Public Water System Assessment Report" dated February 23, 2005. It is shown as SP01 on the map that accompanies that report.

      1.   The Carlin drinking water protection critical area for the spring is an area of approximately fifty eight (58) acres and has boundaries as outlined below:

         (a)   The north boundary is a line defined as being one hundred fifty feet (150') northwesterly of the existing upper spring, running perpendicular to Willow Street.

         (b)   The west boundary is State Route 278, also known as the Eureka Highway.

         (c)   The south boundary is West Bush Street.

         (d)   The east boundary is Willow Street.

This overlay district is designated on the accompanying map (attachment A) as CDWPCA #1. The legal description of this overlay district is portions of Section 28 and Section 33, Township 33 North, Range 52 East.

   (B)   The well drinking water source is located north of Interstate 80 and west of Griffin Street. This water source is listed as W01 in the "Source Water Program Public Water System Assessment Report" dated February 23, 2005. It is shown as W01 on the map that accompanies that report.

      1.   The Carlin drinking water protection critical area for the well includes three (3) parcels of land directly north of the wellhead and the land surrounding the wellhead directly to the east and south. The total area of this overlay district comprises approximately eighteen (18) acres, and is designated on the accompanying map (attachment B) as CDWPCA #2. The legal description of this overlay district is portions of Section 22 and Section 27, Township 33 North, Range 52 East. (Ord. 223, 7-25-2007)

The following uses are prohibited within the Carlin drinking water protection critical areas:

Abandoned water wells.

Aboveground storage tanks.

Agriculture chemical formulation/distribution facilities.

Animal feedlots/dairies, fur breeding operations, poultry farms, etc.

Asphalt plants.

Auto/boat/tractor/small engine shops.

Battery recyclers.

Body shop/paint shops.

Car washes.

Cemeteries.

Chemical plants.

Class I injection wells.

Class II injection wells.

Class III injection wells.

Class V injection wells.

Dry cleaners, laundromats.

Funeral homes.

Furniture stripping facilities.

Golf courses and related facilities.

Hazardous waste or material disposal sites.

Hospitals.

Irrigation wells.

Metal plating/metal working facilities.

Military facilities.

Nonfunctional septic systems.

Oxidation ponds.

Petroleum bulk plants.

Pipeline compressor stations.

Plant nurseries.

Power plants.

Printing shops.

Promiscuous dumps.

Salvage yards.

Sand/gravel pits.

Sanitary landfills.

Sanitary sewer lines within one hundred fifty feet (150') of a wellhead or spring collection area.

Septic tanks/drain field systems.

Sewer lift stations.

Sewer treatment plants.

Storm water infiltration structures.

Surface use, storage or dumping of hazardous waste or material (expressly including industrial or commercial uses of agricultural pesticides).

Truck loading or off loading facilities.

Truck terminals.

Underground storage tanks.

Wood preserving plants.

   (A)   Additionally, the area within a one hundred fifty foot (150') radius from the wellhead site is protected from any use of any type. There will be no use, facilities, or activities allowed in this very restricted area.

   (B)   The area within a one hundred fifty foot (150') radius from the spring building is protected from any use of any type. There will be no use, facilities, or activities allowed in this very restricted area. (Ord. 223, 7-25-2007)

   (A)   Existing Uses: Any of the land uses, facilities, or activities in existence on the date of adoption of this chapter may continue to exist on the parcel upon which it is located, provided that all existing facilities, land uses or activities are in compliance with all federal/state/local laws. If any facility, land use or activity is found to be not in compliance, the responsible parties shall have sixty (60) days to obtain the necessary permits or anything else that is required for them to be in compliance with all federal/state/local laws. The sixty (60) day limit shall apply from the first date of notification from the city of Carlin to the responsible party. Replacement or repair may be granted by the Carlin city council, after review and recommendation by the Carlin planning commission. Uses incidental and accessory to such established facilities or activities may be continued in the same manner, provided that such use is not determined by any board, court or competent jurisdiction to be a violation under the provisions of federal, state, and/or local laws or regulations. If an existing use, facility, or activity discontinues, it shall not be allowed to resume operation until it is determined that such use, facility, or activity complies with guidelines, zoning, and regulations that are in effect at the time. Such determination shall be made by the Carlin city council after review and recommendation of the Carlin planning commission.

   (B)   Development: Any development subsequent to the adoption of this chapter must be done in compliance with existing zoning for the parcels of land involved. There may be additional, more stringent requirements for added protection of the drinking water sources. These additional requirements shall be determined by the Carlin city council. Any potential development within the Carlin drinking water protection critical areas shall be submitted to the Carlin planning commission who will, in turn, review the proposal and make recommendation to the Carlin city council. Permitted uses must be in compliance with section 3-16-5 of this chapter. There shall be no variance of the zoning of the land, unless the use is of a lesser impact. The degree of impact shall be determined by the Carlin city council.

      1.   Additional Requirements For Development In The Carlin Drinking Water Protection Critical Areas: The following, as a minimum, will be required for all development. Additional design standards may be required as determined by the Carlin city council.

         (a)   The planned use, facility, or activity shall be connected to the city of Carlin water system and to the city of Carlin sanitary sewer system. No septic tanks, cesspools, or individual wastewater disposal systems shall be allowed. No wells shall be allowed, with the exception of monitoring wells which are approved by the Carlin city council.

         (b)   Parking areas shall be designed to contain any and all potential pollution or contamination sources: i.e., antifreeze, motor oil, gasoline, asphalt residue, storm runoff, etc., to prevent seepage into the ground. These contained potential pollution or contamination sources must be disposed of properly in accordance with local, state and federal law.

         (c)   Landscaping shall be designed not to contaminate or pollute the ground water. The design standard must contain any and all substances, chemicals, products, etc., that could be potential pollution or contamination sources. These contained potential pollution or contamination sources must be disposed of properly in accordance with local, state and federal law.

         (d)   Acts of God, occurring from unforeseen, naturally occurring events that are unavoidable are exempt from this section.

      2.   Development Permitting: Following approval of the proposed development from the Carlin city council, the developer, property owner, and/or interested party(ies) shall obtain all applicable permits and proceed with the development process according to specifications required by the Carlin city council and in accordance with development requirements within the city of Carlin. (Ord. 223, 7-25-2007)

   (A)   Any person may submit a verbal or written complaint alleging a violation of this chapter.

   (B)   Upon receipt of the complaint, the city of Carlin may conduct a thorough investigation of the substances of the complaint, including a meeting with the tenant and property owner involved.

   (C)   Based upon the determination that there is a violation of this chapter, the city of Carlin may conduct an attempt at informal reconciliation with the violator. As part of such informal reconciliation, the city of Carlin must:

      1.   Notify the violator by mail of the violation of this chapter and desire of the city of Carlin to correct the violation through informal reconciliation. The statement shall also indicate that should the violator refuse to allow the recommended corrective actions within the time set forth by the city of Carlin, action may be taken to correct the violation at the expense of the violator.

      2.   Make a good faith effort to meet the violator and resolve/correct the violation.

   (D)   If, after taking the steps above, and after a period of thirty (30) days following the mailing of the notice of the violation, the city of Carlin, in good faith, determines that the violator is unwilling to participate in informal reconciliation and take the corrective actions prescribed, the city of Carlin shall notify the violator by mail of the termination of the informal reconciliation.

   (E)   The city of Carlin may take corrective actions deemed necessary following fifteen (15) days after notifying the violator by mail of the notice of termination of the informal reconciliation, and bill the violator for the reasonable cost of such action. (Ord. 223, 7-25-2007)

   (A)   Civil: This chapter may be enforced civilly by suit for injunctive relief or by any other appropriate civil remedy.

   (B)   Criminal: The city attorney may file a complaint in municipal court. If the person is found in violation of this chapter he shall be guilty of a misdemeanor and shall be treated accordingly. (Ord. 223, 7-25-2007)