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

   AGRICULTURAL RUNOFF WASTEWATER: Water diverted for irrigation but not applied to crops, or runoff of irrigation tail water from cropland as a result of irrigation.

   AQUIFER REMEDIATION RELATED WELLS: Wells used to prevent, control, or remediate aquifer pollution.

   CLOSED SYSTEM: A physical system on which no outside influences act.

   COMMUNITY WATER SYSTEM: The public drinking water system owned by the city of Jerome.

   COMMUNITY WELLHEAD: The upper terminal of any well, including adapters, ports, seals, valves and other attachments, which supplies water for the community water system.

   DRINKING WATER PROTECTION OVERLAY DISTRICT (DWPOD): A zoning district that modifies the underlying zoning district with reference to wells supplying drinking water to the community water system. The boundaries of the DWPOD shall include within it the overlying districts IA, IB, II and III, as hereinafter defined.Drinking Water Protection Overlay District IA: A district extending one hundred feet (100') radially from any community wellhead.Drinking Water Protection Overlay District IB: A time of travel district (TOTD) extending from any community wellhead to any point from which a hazardous waste or material in the groundwater may reach a community wellhead in three (3) years.Drinking Water Protection Overlay District II: A time of travel district (TOTD) extending from any community wellhead to a point from which a hazardous waste or material in the groundwater may reach a community wellhead in six (6) years.Drinking Water Protection Overlay District III: A time of travel district (TOTD) extending from any community wellhead to a point from which a hazardous waste or material in the groundwater may reach a community wellhead in ten (10) years.

   FACILITY: Any structure that is built, installed, or established to serve a particular purpose.

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

   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 title 40, part 261.3 of the code of federal regulations, or any material or substance designated as a hazardous or toxic substance by the state of Idaho, acting through its department of environmental quality or any successor agency.

   INJECTION: The subsurface emplacement of fluids.

   SPECIAL DRAINAGE: Drainage used for disposing of water from sources other than direct precipitation. Examples of this include landslide control drainage, portable water tank overflow drainage or swimming pool drainage.

   STORMWATER RUNOFF: Water discharged as a result of rain, snow, or other precipitation.

   TIME OF TRAVEL DISTRICT (TOTD): A district encompassing areas where the time required for a contaminant to move in the ground from a specific point to a well is specified.

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

   A.   A bored, drilled or dug hole, or a driven mineshaft, 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. (Ord. 1070, 2010)

The legal description of the real property within the city limits which comprises the DWPOD, and contains all the overlay districts, previously defined, is as follows:

A.   A Street well:

Beginning at the North 1/4 corner of said Section 19, Township 8 South, Range 17 East, Boise Meridian, Jerome County, Idaho, more particularly described as follows:

Thence South 0°00'00" East a distance of 710.92 feet;

Thence North 89°55'28" East a distance of 543.58 feet to the True Point of Beginning;

Thence North 80°05'48" East a distance of 122.85 feet;

Thence North 78°41'58" East a distance of 3,541.28 feet;

Thence North 79°58'20" East a distance of 751.18 feet;

Thence North 81°03'14" East a distance of 1,576.67 feet;

Thence North 82°26'55" East a distance of 4,878.96 feet;

Thence North 85°19'25" East a distance of 22,645.73 feet;

Thence North 84°58'37" East a distance of 11,292.68 feet;

Thence North 83°04'59" East a distance of 7,065.06 feet;

Thence North 81°39'32" East a distance of 3,914.96 feet;

Thence North 79°00'00" East a distance of 12,289.39 feet;

Thence North 77°34'33" East a distance of 4,455.38 feet;

Thence North 12°07'25" West a distance of 12,697.27 feet;

Thence North 22°42'24" West a distance of 12,767.13 feet;

Thence South 59°03'52" West a distance of 3,225.13 feet;

Thence South 58°23'10" West a distance of 9,779.14 feet;

Thence South 60°20'24" West a distance of 4,696.76 feet;

Thence South 61°49'19" West a distance of 3,874.85 feet;

Thence South 62°12'58" West a distance of 302.45 feet;

Thence South 62°52'55" West a distance of 2,211.39 feet;

Thence South 64°08'08" West a distance of 8,466.64 feet;

Thence South 65°28'07" West a distance of 26,085.77 feet;

Thence South 63°08'42" West a distance of 7,259.49 feet;

Thence South 60°42'53" West a distance of 3,320.15 feet;

Thence South 58°29'16" West a distance of 3,170.04 feet;

Thence South 55°49'59" West a distance of 122.55 feet;

Thence South 22°22'23" East a distance of 260.37 feet to the True Point of Beginning.

B.   Marshall well:

Beginning at the West 1/4 corner of said Section 30, Township 08 South, Range 17 East, Boise Meridian, Jerome County, Idaho, more particularly described as follows:

Thence South 0°00'00" East a distance of 14.47 feet to the True Point of Beginning;

Thence South 80°32'38" West a distance of 212.68 feet;

Thence South 53°44'45" West a distance of 125.65 feet;

Thence South 33°01'26" West a distance of 88.67 feet;

Thence South 25°12'04" East a distance of 69.84 feet;

Thence South 65°33'22" East a distance of 89.83 feet;

Thence South 88°45'01" East a distance of 10,922.06 feet;

Thence North 82°37'17" East a distance of 11,381.60 feet;

Thence North 70°15'11" East a distance of 3,263.96 feet;

Thence North 73°47'43" East a distance of 13,798.17 feet;

Thence North 80°43'39" East a distance of 4,031.68 feet;

Thence North 86°11'09" East a distance of 2,441.53 feet;

Thence North 77°47'58" East a distance of 1,679.67 feet;

Thence North 77°47'58" East a distance of 1,394.31 feet;

Thence North 69°45'12" East a distance of 10,559.33 feet;

Thence North 61°41'57" East a distance of 7,193.77 feet;

Thence North 15°36'21" East a distance of 1,423.94 feet;

Thence North 07°54'26" East a distance of 1,523.93 feet;

Thence North 05°42'38" East a distance of 1,264.14 feet;

Thence North 08°00'07" West a distance of 494.69 feet;

Thence North 18°04'47" West a distance of 521.18 feet;

Thence North 34°06'52" West a distance of 784.98 feet;

Thence North 40°44'00" West a distance of 995.98 feet;

Thence North 42°46'25" West a distance of 1,504.65 feet;

Thence North 56°18'36" West a distance of 292.79 feet;

Thence South 66°13'58" West a distance of 9,671.46 feet;

Thence South 68°02'35" West a distance of 7,739.33 feet;

Thence South 58°46'54" West a distance of 550.07 feet;

Thence South 69°32'28" West a distance of 3,450.61 feet;

Thence South 80°13'03" West a distance of 9,558.64 feet;

Thence South 66°02'15" West a distance of 2,399.30 feet;

Thence South 68°52'31" West a distance of 7,501.70 feet;

Thence South 68°52'31" West a distance of 3,989.45 feet;

Thence South 67°59'19" West a distance of 8,233.30 feet;

Thence South 68°34'29" West a distance of 6,891.34 feet;

Thence South 74°03'58" West a distance of 4,357.68 feet;

Thence South 75°14'01" West a distance of 1,041.18 feet;

Thence South 80°32'26" West a distance of 775.22 feet to the True Point of Beginning.

C.   Peters well:

Beginning at the Southwest corner of said Section 17, Township 08 South, Range 17 East, Boise Meridian, Jerome County, Idaho, more particularly described as follows:

Thence South 89°35'11" East a distance of 4,760.79 feet to the True Point of Beginning;

Thence South 37°58'55" East a distance of 8.59 feet;

Thence South 52°01'05" East a distance of 37.24 feet;

Thence South 63°22'55" East a distance of 28.29 feet;

Thence South 79°05'57" East a distance of 57.64 feet;

Thence North 84°23'09" East a distance of 22.37 feet;

Thence North 79°03'17" East a distance of 208.99 feet;

Thence North 79°34'43" East a distance of 1,573.69 feet;

Thence North 80°50'47" East a distance of 1,941.03 feet;

Thence North 82°24'38" East a distance of 3,158.97 feet;

Thence North 84°14'40" East a distance of 6,196.31 feet;

Thence North 85°52'40" East a distance of 19,628.94 feet;

Thence North 84°49'52" East a distance of 11,775.94 feet;

Thence North 82°12'49" East a distance of 11,067.34 feet;

Thence North 79°37'24" East a distance of 15,396.22 feet;

Thence North 11°28'56" West a distance of 12,525.80 feet;

Thence North 21°57'35" West a distance of 12,509.81 feet;

Thence South 59°53'29" West a distance of 18,246.56 feet;

Thence South 63°33'10" West a distance of 16,086.52 feet;

Thence South 65°44'29" West a distance of 10,256.65 feet;

Thence South 66°03'55" West a distance of 8,843.39 feet;

Thence South 65°05'43" West a distance of 8,308.50 feet;

Thence South 62°48'43" West a distance of 5,986.27 feet;

Thence South 60°18'10" West a distance of 1,964.62 feet;

Thence South 59°02'29" West a distance of 1,311.01 feet;

Thence South 51°24'27" West a distance of 39.67 feet;

Thence South 33°02'14" West a distance of 62.30 feet;

Thence South 11°15'00" West a distance of 59.46 feet;

Thence South 10°57'34" East a distance of 62.24 feet;

Thence South 32°57'11" East a distance of 53.48 feet to the True Point of Beginning.

D.   10 Street well 1 and 2:

Beginning at the West 1/4 corner of said Section 18, Township 08 South, Range 17 East, Boise Meridian, Jerome County, Idaho, more particularly described as follows:

Thence North 00°00'18" West a distance of 640.50 feet;

Thence South 89°47'44" East a distance of 1,132.18 feet to the True Point of Beginning;

Thence South 26°11'38" East a distance of 23.49 feet;

Thence South 36°22'45" East a distance of 45.69 feet;

Thence South 49°42'54" East a distance of 27.01 feet;

Thence South 61°42'55" East a distance of 49.94 feet;

Thence South 80°15'14" East a distance of 60.01 feet;

Thence North 84°08'18" East a distance of 39.45 feet;

Thence North 76°47'47" East a distance of 370.67 feet;

Thence North 78°55'50" East a distance of 494.91 feet;

Thence North 78°56'37" East a distance of 1,371.29 feet;

Thence North 79°30'31" East a distance of 1,060.81 feet;

Thence North 80°30'33" East a distance of 2,546.85 feet;

Thence North 82°09'18" East a distance of 5,570.14 feet;

Thence North 83°56'12" East a distance of 6,834.19 feet;

Thence North 85°07'22" East a distance of 10,260.05 feet;

Thence North 85°23'22" East a distance of 6,892.91 feet;

Thence North 84°44'04" East a distance of 8,296.70 feet;

Thence North 83°15'21" East a distance of 6,602.19 feet;

Thence North 81°00'00" East a distance of 7,058.29 feet;

Thence North 76°45'26" East a distance of 14,879.54 feet;

Thence North 12°49'30" West a distance of 12,732.53 feet;

Thence North 23°07'43" West a distance of 12,732.97 feet;

Thence South 56°04'20" West a distance of 10,080.49 feet;

Thence South 59°49'51" West a distance of 11,347.04 feet;

Thence South 64°04'09" West a distance of 15,524.49 feet;

Thence South 65°19'06" West a distance of 13,270.20 feet;

Thence South 64°26'57" West a distance of 8,737.32 feet;

Thence South 63°16'44" West a distance of 2,117.01 feet;

Thence South 62°40'17" West a distance of 2,164.95 feet;

Thence South 61°52'09" West a distance of 2,242.16 feet;

Thence South 61°02'13" West a distance of 2,181.67 feet;

Thence South 59°59'36" West a distance of 2,171.68 feet;

Thence South 58°43'37" West a distance of 2,043.75 feet;

Thence South 59°50'10" West a distance of 373.97 feet;

Thence South 52°05'07" West a distance of 46.27 feet;

Thence South 33°44'51" West a distance of 60.62 feet;

Thence South 13°57'49" West a distance of 59.40 feet;

Thence South 02°07'47" West a distance of 16.57 feet;

Thence South 11°15'00" East a distance of 59.46 feet to the True Point of Beginning.

(Ord. 1070, 2010)

Uses permitted within overlay district IA shall be limited to necessary public water supply wellhead equipment including the following:

A.   Wellhead facility buildings;

B.   Water storage tanks;

C.   Disinfection chemical storage; and

D.   Approved landscaping.

All other uses shall be prohibited. (Ord. 1070, 2010)

The following uses or activities are prohibited within the overlay district IB:

A.   Sanitary landfills.

B.   Hazardous waste disposal facilities.

C.   Injection wells, except for closed systems.

D.   Sewer lines within one hundred feet (100') of a community wellhead.

E.   Septic tanks or drainfields within two hundred feet (200') of a community wellhead.

F.   Junk or salvage yards.

G.   Disposal of waste oil, oil filters, tires or other petroleum products.

H.   All manufacturing or industrial businesses involving the collection, handling, manufacture, use, storage, transfer or disposal of any hazardous solid or liquid material or waste having potential impact on groundwater, and any land use activities posing a hazard or threat to existing groundwater quality, except upon issuance of a special use permit under chapter 17.60 of this title. (Ord. 1074, 2010: Ord. 1070, 2010)

The following uses and conditions shall be prohibited within overlay district II:

A.   Sanitary landfills;

B.   Hazardous waste disposal facilities;

C.   Injection wells, except for the following:

   1.   Deep well injection (below 18 feet in depth) for these purposes:

      a.   Geothermal heat;

      b.   Heat pump return;

      c.   Cooling water return;

      d.   Aquifer recharge;

      e.   Aquifer remediation.

   2.   Shallow well injection (less than 18 feet in depth) for these purposes:

      a.   Storm runoff;

      b.   Agricultural runoff wastewater;

      c.   Special drainage water;

      d.   Septic systems (general).

D.   All manufacturing or industrial businesses involving the collection, handling, manufacture, use, storage, transfer or disposal of any hazardous solid or liquid material or waste having potential impact on groundwater, and any land use activities posing a hazard or threat to existing groundwater quality, except upon issuance of a special use permit under chapter 17.60 of this title. The special use permit process may be instigated by the zoning administrator during the application review process. (Ord. 1074, 2010: Ord. 1070, 2010)

The following uses or conditions shall be prohibited within overlay district III:

A.   Injection wells are prohibited, except for the following:

   1.   Deep well injection (below 18 feet in depth) for the following purposes:

      a.   Geothermal heat;

      b.   Heat pump return;

      c.   Cooling water return;

      d.   Aquifer recharge;

      e.   Aquifer remediation.

   2.   Shallow well injection only (less than 18 feet in depth) for the following purposes:

      a.   Storm runoff;

      b.   Agricultural runoff wastewater;

      c.   Special drainage water;

      d.   Septic systems (general).

B.   All manufacturing or industrial businesses involving the collection, handling, manufacture, use, storage, transfer or disposal of any hazardous solid or liquid material or waste having potential impact on groundwater, and any land use activities posing a hazard or threat to existing groundwater quality, except upon issuance of a special use permit under chapter 17.60 of this title. (Ord. 1074, 2010: Ord. 1070, 2010)

Any lawful use existing at the time of the adoption of this chapter, which constitutes a prohibited use herein, shall constitute a nonconforming use and may not be expanded or improved except as otherwise provided in this title. (Ord. 1070, 2010)

It shall be unlawful for any person, corporation, or other legal entity or government entity to occupy or use real property within the WHP in violation of any of the provisions of this chapter. Any such violation shall be a misdemeanor, punishable as provided elsewhere in this code. (Ord. 1070, 2010)