The purpose of this chapter is to ensure the provisions of safe and sanitary drinking water supply for the city of Rupert by the establishment of wellhead protection zones surrounding the wellheads for all wells which are the supply sources for the Rupert city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. (Ord. 830, 8-6-2002)

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

HAZARDOUS OR TOXIC WASTE OR MATERIAL: Any waste or material which because of its quantity, concentration or 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.

   C.   "Hazardous or toxic waste" means any material or substance designated as a hazardous or toxic substance by the United States of America acting through the environmental protection agency, or any successor agency, section 101 (14) of the comprehensive environmental response, compensation and liability act of 1980, or any material or substance designated as a hazardous or toxic substance by the state of Idaho, acting through the division of environmental quality or any successor agency.

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

WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments.

ZONE I: An area extending fifty feet (50') radially from any wellhead supplying potable water to the city water system.

ZONE II: An area extending between the fifty feet (50') designated as zone I and the city impact area.

ZONE III: The city's area of impact. (Ord. 830, 8-6-2002)

There is hereby established a use district to be known as a wellhead protection area identified and described as all the area within the city limits and to include the city impact area. It is further established that this area be composed of two (2) zones: "zone I" and "zone II" as they are defined in section 5-20-2 of this chapter. (Ord. 830, 8-6-2002)

Uses or conditions, including, but not limited to, the following, shall be and are hereby prohibited within zone I of the wellhead protection area:

   Hazardous or toxic waste disposal sites.

   Sanitary landfills.

   Sanitary sewer lines and septic systems within one hundred feet (100') of a wellhead (existing systems within 100 feet must be maintained in very good repair and monitored on a regular basis).

   Surface use or storage of hazardous or toxic material, expressly including herbicide and pesticide applications to the soils, ground water or surface water.

   Underground storage tanks. (Ord. 830, 8-6-2002)

The following uses shall be permitted only within zone II of the wellhead protection area:

   Most uses will not be restricted as long as these uses comply with the existing ordinances, county, state and federal regulations pertaining to the discharge of contaminates. (Ord. 830, 8-6-2002)

Uses or conditions, including, but not limited to, the following, shall be and are hereby prohibited within zone II of the wellhead protection area, whether or not such uses or conditions may otherwise be ordinarily included as a part of a use permitted under section 5-20-5 of this chapter:

   Agricultural uses, immediately adjacent to a wellhead and outside zone I, shall be restricted specifically, and raising, keeping of livestock will be prohibited within five hundred feet (500') of wellhead, and other similar uses beyond this limit will be subject to restrictions if warranted.

   Hazardous or toxic waste disposal sites.

   Sanitary landfills.

   Sanitary sewer lines and septic systems within one hundred feet (100') of a wellhead (existing systems within 100 feet must be maintained in very good repair and monitored on a regular basis).

   Underground injection wells. (Ord. 830, 8-6-2002)

Not in contravention with any existing or any hereafter validly enacted ordinance, rule, regulation or law of any governing body having lawful jurisdiction pertaining to health and sanitation, there shall be no restrictions in zone III. (Ord. 830, 8-6-2002)

The policies and procedures for administration of any wellhead protection zone established under this chapter, including, without limitation, those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in this title, as the same is presently enacted or may from time to time be amended. (Ord. 830, 8-6-2002)

All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed. If any portion of this chapter is found to be unenforceable or unconstitutional for any reason, the remaining portion of this chapter shall remain in full force and effect. (Ord. 830, 8-6-2002)