The intent of the Superfund overlay district (SOD) is to protect public health, safety and welfare while allowing appropriate use of lands within the district. This intent will be accomplished by:

A.

Assuring that land use in the Superfund overlay district is compatible with protecting, and providing for permanent preservation and maintenance of remedial actions implemented pursuant to the Superfund law, including soil caps, treated concrete blocks, and other remedial structures;

B.

Requiring that any development in the block placement area of the SOD be preceded by submittal of detailed site and construction plans, prepared by an architect or engineer, for review and approval by the city as an institutional control in the context of the federal Superfund law;

C.

Requiring submittal of as built plans with certification from an architect or engineer that site development and construction in the block placement area was completed in compliance with this zoning title and federal Superfund law;

D.

Limiting well use and prohibiting drilling of wells within the SOD block placement area; and

E.

Placing a notice to purchasers on any deed, contract for sale, or other instrument of conveyance before any lot or parcel, or any interest in any lot or parcel, in the Superfund overlay district is conveyed.

(Ord. 328 § 1, 2008; Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.191), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

All applications for uses and development in the Superfund overlay area shall include the following information:

A.

As with other permit applications, an application form, an accurate site plan and review fees;

B.

A detailed grading and drainage plan prepared by an engineer showing the location, dimensions and depth of all excavations, volumes of material to be moved, and other drainage features;

C.

Detailed plans prepared by an architect or engineer showing how remedial structures such as soil caps, treated concrete blocks, and other structures will be protected and maintained in relation to the proposed development in the block placement area;

D.

Test results that confirm that any fill material proposed to be imported to the block placement area has less than 0.1 mg/l total chromium in toxicity characteristic leaching procedure (TCLP) extracts or written certification that no fill material will be imported; and

E.

Bearing capacities, design loads and wheel loads resulting from uses proposed for the block placement area.

(Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.192), 1997)

The following standards apply to the block placement area within the Superfund overlay district:

A.

No excavation will be permitted through the twenty-four (24) inch thick soil or gravel cover except for building or utility construction as described in subsection F of this section. (Excavation is permitted at the existing sanitary sewer only for purposes of sewer maintenance and improvement.)

B.

Areas with gravel cover and block placement can be used for vehicle parking, material storage and related traffic. This includes trucks up to the maximum gross vehicle weight and axle loads permitted under the Montana Department of Highways adopted "Federal Bridge Formula," forklifts up to fifty thousand (50,000) pounds gross weight with up to thirty-seven thousand (37,000) pounds on a single axle with four tires, and construction equipment with up to seven thousand two hundred (7,200) pounds per square foot under the actual tire or track contact area.

C.

Areas with a vegetated soil cover cannot be used for any purpose unless a gravel cover or a gravel and asphalt overlay is placed over the twenty-four (24) inch thick soil cover or a gravel cover that meets the following criteria:

1.

The gravel will be select road stone from a local source. Gravel already on the site will be used to the extent possible; off-site gravel sources will be used only if on-site quantities of suitable gravel are not sufficient. This gravel will be well sorted with a range of particle sizes to facilitate close compaction and to minimize voids and permeability in the cover after placement and compaction.

2.

The gravel will be separated from the underlying blocks and soils by a woven geotextile designed to reduce migration of gravel particles downward into the block-south layer and of block pieces upward into the gravel layer.

3.

The gravel layer will be approximately two feet (twenty-four (24) inches) thick.

4.

The gravel will be placed in six to twelve (12) inch lifts to facilitate grading and compaction. Each lift will be compacted with a motorized road construction type roller.

5.

The finished surface of gravel will be graded to promote precipitation runoff to perimeter diversion ditches. The center elevation of the gravel surface will be approximately one foot above the perimeter elevations, and the average surface slope will be one percent.

6.

The gravel surface will be designed and installed to accommodate vehicular traffic and open storage of materials. Operation of vehicles such as trucks and forklifts will promote compaction of the surface gravel and further reduce infiltration.

7.

Maintenance of the gravel cover will be by the landowner or lessee.

D.

The soil and gravel covers constructed pursuant to subsection C of this section must be maintained by the property owner to prevent degradation. Damage due to erosion, wind, burrowing animals, vehicles, or other causes must be repaired promptly by the property owner.

E.

The perimeter drainage channels and culverts must be maintained by the city of Columbus public works department in an open, free-flowing condition.

F.

If a building is constructed within the block placement area, excavation required for this construction and trenching for utilities is allowed. Excavated waste may be placed back into the foundation excavation and compacted as backfill to support the foundation and/or disposed of according to state of Montana approved methods. Any building or structure, including the related utilities, must meet all applicable requirements of the Montana State Building Code and the city of Columbus zoning code. Load limits for buildings or structures will not exceed six thousand (6,000) pounds per square foot as long as waste is left in place

G.

Asphalt paving can be substituted for the uppermost four inches of gravel cover. In this case, the asphalt will be placed in three courses—a minimum two-inch gravel base course, a four-inch asphalt base course, and a two-inch surface wearing course.

H.

Maintenance offences around the soil cover areas as well as locked gates are no longer deemed necessary. However, the property owner must maintain the vegetated soil cover or gravel cover on the site.

(Ord. 298 § 1 (part) (11.02.193), 1997)

(Ord. No. 336, §§ 1)—3), 3-15-2010)

The following limitations apply to groundwater use and related activities within the Superfund overlay district block placement area:

A.

Installation or operation of new groundwater wells, groundwater fed ponds or channels, and other groundwater extraction or recovery systems will not be permitted.

B.

Use of groundwater from existing wells, ponds, springs, seeps or any other groundwater recovery or extraction system will not be permitted, except for lawn irrigation use, use of the existing golf course pond, and groundwater monitoring of wells.

C.

Excavation below the groundwater table (static groundwater level) for any purpose will not be allowed except for temporary excavation work necessary for construction purposes including placement of footings and utilities. Such temporary excavation work shall require a permit from the city of Columbus.

(Ord. 328 § 2, 2008; Ord. 298 § 1 (part) (11.02.194), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

Application requirements and limitations for groundwater use shall sunset and will no longer be applicable after the U.S. Environmental Protection Agency allows the removal of these restrictions from the Superfund overlay district.

(Ord. 321 (part), 2004)