The purpose of this chapter is to ensure the provision of a safe and sanitary drinking water supply for Farmington City by the establishment of drinking water source protection zones surrounding the wellheads for all public water supplies within the boundaries of Farmington City. (Ord. 2003-53, 11-5-2003)

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

DESIGN STANDARD: A control that is implemented by a potential contamination source to prevent discharges to the groundwater. Spill protection would be an example of a design standard.

LAND MANAGEMENT STRATEGIES: Zoning and nonzoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, development rights, public education programs, groundwater monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.

POLLUTION SOURCE: Point source discharges of contaminants to groundwater or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drainfields, class V underground injection wells, landfills, open dumps, landfilling of sludge and seepage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten (10) animal units. The following clarify the definition of pollution sources:

   A.   "Animal feeding operation" means a lot or facility where the following conditions are met: animals have been 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 feeding operations 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.

   B.   "Animal units" means a unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over fifty five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.

   C.   "Extremely hazardous substances" means those substances which are identified in the section 302 (EHS) column of the "Title III List Of Lists - Consolidated List Of Chemicals Subject To Reporting Under SARA Title III" (EPA 560/4-91-011).

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

REGULATORY AGENCY: Any governmental agency with jurisdiction over hazardous waste, as defined herein.

SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes or hazardous wastes, are disposed of on land by placing earth cover thereon.

SEPTIC TANK/DRAINFIELD SYSTEMS: A system which is comprised of a septic tank and a drainfield which accepts domestic wastewater from buildings of facilities for subsurface treatment and disposal. By their design, septic tank/drainfield system discharges cannot be controlled with design standards.

WELLHEAD: The upped terminal of a well including adapters, ports, seals, valves and other attachments. (Ord. 2003-53, 11-5-2003)

There are hereby established use districts to be known as zones one, two, three and four of the drinking water source protection area, identified and described as follows:

   A.   Zone one is the area within a one hundred foot (100') radius from the wellhead or spring.

   B.   Zone two is the area within a two hundred fifty (250) day groundwater time of travel to the wellhead or spring, the boundary of the aquifer which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

   C.   Zone three is the area within a three (3) year groundwater time of travel to the wellhead or spring, the boundary of the aquifer which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

   D.   Zone four is the area within a fifteen (15) year groundwater time of travel to the wellhead or spring, the boundary of the aquifer which supplies water to the groundwater source, or the groundwater divide, whichever is closer. (Ord. 2003-53, 11-5-2003)

The following uses shall be allowed with the groundwater protection zones:

   A.   All zones:

      1.   Uses established before the effective date hereof and used continuously and in the same manner thereafter, which uses may continue, provided such use is not judged by any court of competent jurisdiction to be a nuisance under the provisions of federal, state or local laws or regulations.

      2.   Use of single- or multiple-family residential dwellings, commercial or institutional uses established on or after the effective date hereof connected to a sanitary sewer system.

      3.   Uses incidental and accessory to the uses set forth in the two (2) immediately preceding subsections.

   B.   Zone four:

      1.   The tilling of the soil and the raising of crops, provided fertilizing and the use of pesticides is accomplished within federal, state and local guidelines.

      2.   The pasturing of livestock, provided all forage is raised on the pastured area.

      3.   Uses incidental and accessory to the uses set forth in the three (3) immediately preceding subsections. (Ord. 2003-53, 11-5-2003)

Except uses established before the effective date hereof and used continuously and in the same manner thereafter, which uses may continue, on or after the effective date hereof, the following uses or conditions shall be and hereby are prohibited within groundwater protection zones, regardless of whether such uses or conditions may otherwise be included as part of a use allowed under this chapter:

   A.   Zones one and two:

      1.   Underground storage tanks.

      2.   Any "pollution source" as defined herein or in R-113 of the Utah administrative code.

   B.   Zones one, two and three: Agriculture industries, including, but not limited to, intensive feeding operations, such as feedlots, dairies, fur breeding operations, poultry farms, etc.

   C.   All zones:

      1.   Surface use, storage or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use).

      2.   Sanitary landfills.

      3.   Hazardous water or material disposal.

      4.   Septic tanks/drainfield systems. (Ord. 2003-53, 11-5-2003)

   A.   The policies and procedures or administration of any source protection zone established under this chapter, including, without limitations, those applicable to nonconforming uses, exception, enforcement and penalties, shall be the same as provided in this title, as the same is presently enacted or may be amended from time to time.

   B.   Any and all uses of property must comply with the requirements of this chapter. (Ord. 2003-53, 11-5-2003)