Title. This chapter shall be known as the model drinking water source protection ordinance. The provisions of this chapter shall be effective within the boundaries of the city of Riverton, Utah, and shall set prohibitions and restrictions to prevent contamination of the public drinking water supply in the city as a result of hazardous and toxic substances entering the groundwater, including wells not owned by the city. This chapter shall be liberally construed to effect the purposes set forth herein.

Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the jurisdiction of the city to conform and comply with the applicable provisions contained in this chapter. Ignorance of this provision shall not excuse any violations of the provisions of this chapter.

Authority. The city of Riverton has the authority to adopt this chapter to facilitate compliance with drinking water source protection regulations pursuant to the Municipal Land Use, Development, and Management Act, Section 10-9a-101 et seq., Utah Code Annotated 1953, UAC R309-113, and other such authorities and provisions as in the statutory and common law of the state of Utah.

Recharge Area and Protection Zone Map. The extent of the recharge areas and the protection zones may be seen on the recharge area and protection zone map, Exhibit 2 in RCC § 18.115.110. The recharge area and protection zone map was completed January 1997, and is incorporated and made a part of this chapter. The recharge area boundary lines have been located along streets and/or section lines for convenience of assessing which prohibitions and restrictions apply to a specific property. This map shall be on file with the city of Riverton, and shall be maintained by the city and public water systems whose groundwater resources lay within the city of Riverton boundaries and jurisdiction. Any amendments, additions, or deletions to this map shall be by the city and/or the public water system following written notice after approval by the drinking water source protection review committee. The committee shall publish notice at least 30 days prior to consideration.

Designation of Recharge Areas and Protection Zones.

Review of Recharge Area and Protection Zone Map. The recharge area and protection zone map shall be reviewed at least one time every five years or more frequently if determined appropriate by the city of Riverton. Failure to conduct this review shall not affect the validity of the existing approved map. The basis for updating the map may include, but is not limited to, the following:

Releases. No person shall discharge or permit the discharge of any regulated substances or petroleum products, whether treated or untreated, to soils, air, groundwater, or surface water in any recharge area or protection zone, that may have a deleterious effect upon the groundwater in the city of Riverton, unless the release is in compliance with federal, state, and local regulations.

Prohibitions and Restrictions. Table 18.115.060 is a summary matrix of potential contamination sources and their prohibited, permitted, or conditional use in the protection zones referenced in RCC § 18.115.040(2).

Review of Development Plans. A registered geologist who has demonstrated expertise in the assessment of recharge rates shall review all development plans that lie within the primary recharge area. Any development that will result in a loss of the beneficial use of groundwater or that may have an adverse or negative effect upon local groundwater quality shall be rejected. Plans that are rejected may be revised by the developer and resubmitted to the city of Riverton for subsequent review by a registered geologist. Developments that do not lie within either the primary or secondary recharge area may proceed with the development plan processing requirements of the city of Riverton.

Toxic, Hazardous, and Other Materials Handling Regulations. The general classes of substances to be regulated under this chapter shall be those set forth in the generic regulated substances list which is presented as Exhibit 1 in RCC § 18.115.110. The regulated substances shall include those set forth in the most current lists, as amended from time to time, entitled Identification and Listing of Hazardous Materials (40 CFR 261, Subpart D) and List of Extremely Hazardous Substances (40 CFR 355, Appendices A and B), and which are in a form that they are, all or in part, capable of entering the groundwater.

The use and storage of regulated substances in designated protection zones and recharge areas shall be allowed; provided, that the quantities of these substances do not exceed the reportable quantity for each regulated substance, as designated in 40 CFR 302 (pursuant to Section 311 of the Clean Water Act). An applicant may be exempted from the provisions of this chapter; provided, that he or she demonstrates to the department and to the Utah Division of Drinking Water Quality that the regulated substances pose no hazard to groundwater.

Table 18.115.060 identifies uses that have varying potentials to contaminate groundwater sources. These uses have been classified according to the risk of contamination in each protection zone as follows:

Storage Containers. All regulated substances shall be stored in suitable containers to reduce the chance for the substances to be accidentally introduced into the environment. These storage containers shall be product-tight and, except where provided elsewhere in this chapter, shall be provided with a means to control spillage (primary containment) and to contain or drain off spillage and fire-protection water discharged in the storage area (secondary containment).

Storage containers which are stored outside must be covered or mounted to prevent the accumulation of rain or other water on the top of the container, or the degradation of the top, sides or bottom of the container, in a manner that would lead to the reduction of the integrity of the container. Defective storage containers shall be removed from service for repair or disposal in accordance with local, state, and federal standards.

Secondary Containment. Where secondary containment is required, it shall be constructed of a material of sufficient structural integrity and composition to contain the required capacity of liquids and not be structurally weakened as a result of contact with the discharge of the regulated substance to be contained. The material shall be free of cracks, joints, gaps, or other imperfections that would allow leakage through the containment material.

The secondary containment system shall have sufficient capacity to contain (a) 10 percent of the volume of all containers and 100 percent of the volume of the largest single container, whichever is greater, plus (b) the design flow rate of the automatic fire extinguishing system (for 20 minutes) for the area or room in which the storage is located. If the storage area and/or containment area is open to rainfall, the secondary containment system must also accommodate the volume of a 24-hour rainfall as determined by a 25-year storm frequency. Liquid that accumulates in the secondary containment system shall be removed in as timely a manner as necessary to prevent overflow of the system. Nonhazardous liquids may be drained in accordance with applicable local regulations. If the collected material is a hazardous waste under 40 CFR 261, it must be managed as a hazardous waste in accordance with all applicable requirements of 40 CFR 262 through 266.

Vacuum suction devices, absorbent scavenger materials or other devices approved by the department shall be present on site or available to facilitate the removal or further containment of spilled regulated substances. Devices or materials shall be available in sufficient magnitude so as to at least control and collect the total quantity of regulated substances that the containment system is designed to contain. Emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances plus absorbent material.

Regulated Substances Emergency Management Plan. An emergency plan shall be prepared and filed with the department, the fire department, the police department, and the PWS indicating the procedures that will be followed in the event of the release of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from discharging into any storm or sanitary drains or the ground. Facilities which have had, or appear to have had, unauthorized discharges to soil or groundwater shall be required by the department to submit a regulated substances management plan for the facility. The written plan will be used to demonstrate to the department that the facility owner or operator understands the procedures and has the proper equipment to handle regulated substances within the guidelines of this chapter. The plan should not be implemented without the approval of the department.

Reporting of Spills. Any spill of a regulated substance in excess of the nonaggregate quantity thresholds established by the list of hazardous waste (40 CFR 261, Subpart D), 40 CFR 261 Appendix VIII, Hazardous Constituents, and EPA Designation Reportable Quantities and Notification Requirements for Hazardous Substances under CERCLA (40 CFR 302) shall be reported by telephone to the city and designated water utility within one hour of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report shall be submitted to the city within 15 days of discovery of the spill.

Best Management Practices. Under the provisions of this chapter, all potential contamination sources within the city's boundaries shall incorporate and utilize best management practices (BMPs) in their operations. BMPs that reduce the potential for spills and leaks at a site to occur and enter groundwater shall be construed within the context of this chapter to include, but not be limited to, structural and nonstructural practices, conservation practices, and operation and maintenance procedures as specified by the Utah Department of Drinking Water Quality and the U.S. Environmental Protection Agency.

Underground Storage Tanks. Installation of any new underground storage tanks used to store regulated substances for either residential or nonresidential activities in recharge areas and protection zones designated under RCC § 18.115.040(2) and (3) shall require a secondary containment system for the tank and associated underground piping, and an automatic leak detection system.

A permit from the Division of Environmental Remediation and Response shall be required for the removal or closure of USTs. The permit shall require that leaking tanks be pumped dry and removed from the ground by a state-licensed company. If removal of the UST(s) is not feasible, the lines shall be disconnected and capped and the tank shall be filled with an inert substance such as washed sand.

Best management practices implementation is required for all underground storage tanks.

Septic Tank Systems. No person shall place, maintain, or operate on-site sewage disposal from a septic tank within the primary recharge area, Zone No. 1 or 2, or within 300 feet of any public street in which a public sewer is laid. Septic systems in Zone Nos. 3 and 4 shall comply with the Utah State Department of Health Care of Waste Disposal Regulations, Parts IV and V.

Nonresidential activities that have septic tank systems shall have installed a four-inch-diameter vertical pipe with a locked cap or locked top in the top of the septic tank. This monitoring pipe shall be located in a manner which will permit ready access by department personnel to extract representative samples to check for improper/unauthorized disposal of regulated substances.

A septic holding tank that does not discharge into the soil would be preferred. The contents of a septic holding tank are removed, and can be treated or disposed of at an appropriate facility.

Sewage Collection, Transmission and Disposal. No person shall discharge treated or untreated sewage in any area not specifically designated for that purpose by the department. The owner or operators of any wastewater treatment plant, sanitary sewer, force main, gravity sewer, or lateral shall notify the department within 24 hours of discovering a break that may or does result in the leakage of sewage. Emergency telephone numbers will be prominently displayed on all sewage lift stations within Zone Nos. 1, 2, 3, and 4, and the primary recharging area.

All leaking sewage collection and transmission pipes shall be repaired or replaced. New sewage collection and transmission pipes shall be installed according to acceptable construction standards and shall have routine inspections during and after construction.

No person shall place, maintain, or operate a wastewater treatment plant within Zone No. 1 or 2.

General Stormwater Management. All future stormwater management systems to be constructed and implemented for facilities within the protection zones and recharge areas shall be permitted in accordance with applicable local, state, and federal laws and regulations.

The discharge of stormwater into drainage wells or open sinkholes shall be prohibited without some form of treatment. This treatment shall be applied to at least the first one-half inch of runoff from the area tributary to the well or open sinkhole.

The clean water and stormwater regulations require municipalities and industries to identify, monitor, and limit urban runoff that may enter rivers, thus potentially affecting groundwater quality.

Deicing Salt Storage and Application. Deicing salt shall be stored on an impermeable pad and shall be covered. Deicing salt application shall use best management practices and shall evaluate substitute products and technologies.

Landfills. Expansion or creation of new landfills is prohibited in the primary recharge area and Zone Nos. 1 and 2. Existing landfills in the Primary Recharge Area or in Protection Zone No. 1 shall be required to comply with the provisions of UAC R315-301-1 through R315-301-5. Landfills shall develop and implement a landfill monitoring program. The monitoring shall include the vadose zone and groundwater. If the monitoring detects contamination, the following corrective measures may be required:

Environmental Quality Monitoring. Facilities which have had, or appear to have had, unauthorized releases to soil or groundwater shall be required by the department to monitor soil and groundwater in and adjacent to the facility. At the request of the department, the facility will submit a monitoring plan for department review. The plan shall be implemented with the approval of the department. Facilities that undergo closure may be required to monitor soil and groundwater in and adjacent to the facility subject to closure. The operator of the facility will pay for all costs associated with the closing and monitoring of the site.

Exclusions. The following substances are not subject to the provisions of this chapter; provided, that these substances are handled, stored, and disposed of in a manner that does not result in an unauthorized release or cause contamination of the groundwater:

Continuous Transit. The transportation of any regulated substance(s) through any protection zone or recharge area shall be allowed; provided, that the transporting vehicle is in continuous transit.

Vehicular and Lawn Maintenance Fuel and Lubricant Use. The use of any petroleum product solely as an operational fuel in the vehicle or lawn maintenance fuel tank or as a lubricant in such a vehicle shall be exempt from the provisions of this chapter. These spent products shall be properly disposed of in compliance with applicable federal, state, and local regulations.

Inspections. The department shall be granted the right, under this chapter, to enforce the provisions of this chapter for the city of Riverton. An authorized officer of the city of Riverton or the PWS has the right to conduct inspections of facilities to determine compliance with this chapter. The authorized officer or the PWS shall inform the department and other city entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the city of Riverton shall enforce the provisions of this chapter without regard to whether the wells within the city of Riverton boundaries are owned by the city of Riverton. Noncompliance with the provisions of this chapter is a violation. If the facility is not complying with the requirements of this chapter, penalties (i.e., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. This chapter regulates businesses within the protection zones and primary and secondary recharge areas within the city.

Notice of Violations. Whenever it is determined that there is a violation of this chapter or the regulations promulgated pursuant hereto, the notice of violation shall:

If a potential contaminant source (PCS) is out of compliance with the provisions of this chapter, but does not pose an immediate threat to public health, then a written warning of violation may be issued within 30 days. The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the city if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the city may initiate proceedings for issuance of penalties and other relief as necessary.

Any PCS or person found in violation of any provision of this chapter will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance. Violations of the provisions of this chapter constitute a misdemeanor, punishable as provided by law. In the event of a spill, leak or discharge of a regulated substance, if it deems the activity to pose a real and present danger of contaminating surface or groundwater which would normally enter the public water supply, the city has the authority under this chapter to cause cessation of said activity or use of regulated substance, require administrative controls to mitigate said danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of this chapter if use of regulated substances in a protection zone or primary or secondary recharge area exceeds 20 gallons or 160 pounds at any time. The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

Appeals. Persons cited under the enforcement provisions of subsections (1) and (2) of this section shall be afforded a process for appealing the ruling of the department. If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the PCS can submit to the department a written statement demonstrating compliance or explaining a process for coming into compliance. The written response is required no later than 30 days from the date of issuance of the warning.

If the appeal pertains to a cease and desist order issued by the department, the PCS can submit a written appeal response no later than 10 days from the date of issuance of the order. The written appeal shall contain:

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other restrictions, including land use codes or development regulations, conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

Disputes. Disputes arising from the delineation of DWSP zones and primary and secondary recharge areas shall be directed to the drinking water source protection review committee to review specific detailed delineation maps showing the boundaries. The boundaries have been defined, for ease of implementation of this chapter, according to major city streets.

Review of This Chapter. The city, the drinking water source protection review committee, and all water utilities whose wells and/or springs lay within the city boundaries shall review the provisions of this chapter at least once every five years, or more frequently if determined appropriate by the city, to determine its applicability and may incorporate changes as deemed appropriate.