A.   This chapter shall be known as the DRINKING WATER SOURCE PROTECTION ORDINANCE.

   B.   The purpose of this chapter is to ensure the provision of a safe and sanitary drinking water supply for the city by the establishment of drinking water source protection zones surrounding the wellheads for all wells which are the supply sources for the city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. (Ord. 10-04, 3-23-2010)

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

   ABANDONED WELL: A well whose purpose and use has been permanently discontinued or a well that is in a state of disrepair and its intended purpose cannot reasonably be achieved. A well can be abandoned only after being properly sealed according to the requirements of the state of Utah administrative rules for water well drillers, R655-4-12.

   ALLOWED USES: A use, activity or practice of which does not create a risk of contamination in the specified zone significant enough to require the implementation of regulatory requirement and best management practices and, therefore, the use is allowed.

   BEST MANAGEMENT PRACTICES: A practice or combination of practices determined to be the most effective practicable means of conducting a land use activity to minimize the potential for becoming a pollution source (including technological, economic and institutional considerations).

   COLLECTION AREA: The area surrounding a groundwater source which is underlain by collection pipes, tile, tunnels, infiltration boxes or other groundwater collection devices.

   DESIGN STANDARD: Established state or national standards for the design, construction, placement or maintenance of a potential contamination source to prevent discharges to the groundwater. See also definition of Secondary Containment.

   HAZARDOUS WASTE: A waste with properties that make it dangerous or potentially harmful to human health or the environment.

   LAND MANAGEMENT STRATEGIES: Land use and nonland use controls which include, but are not limited to, the following: land ordinance, site plan reviews, design and operating standards, source prohibitions, optional purchase of property and 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 discharge 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, drain fields, class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies and animal feeding operations with more than ten (10) animal units. The following clarify the definition of pollution source:

   A.   Animal Feeding Operation: 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 Unit: 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: 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.

   PROHIBITED USE: A use, activity or practice which creates a substantial risk or contamination in the specified zone. The use is not permitted.

   REGULATORY AGENCY: Any governmental agency (local, state, and/or federal) with jurisdiction over "hazardous waste" as defined herein.

   RESTRICTED: The nature of the use, or some element of the use, represents a "potential contamination source". The use may be permitted only after review and approval by the land use authority. As part of this review, recommendations from the Davis County health department and other applicable regulatory agencies shall be considered.

   SARA TITLE III: The superfund amendment and reauthorization act section found on 40 CFR 300-302, pertaining to emergency response and right to know.

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

   SECONDARY CONTAINMENT: A type of system that is used to provide release detection prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substance. Examples include a double walled tank, a double walled integral piping system or a single walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.

   SEPTIC TANK/DRAIN FIELD SYSTEM: A system which is comprised of a septic tank and a drain field, which accepts wastewater from buildings or facilities for surface or subsurface treatment and disposal.

   SOURCE PROTECTION ZONE: The specified surface and subsurface area surrounding a groundwater source of drinking water supplying a public water supply, through which contaminants are reasonably likely to move toward and reach such groundwater source. These zones shall have the approval of the state of Utah, division of drinking water as described in R309-600 source protection: drinking water source protection for ground-water sources and stated in section 10-16-3 of this chapter.

   UNDERGROUND STORAGE TANK: A tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent (10%) of the total volume of the tank and underground portions of pipes connected to the tank underground.

   WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments. (Ord. 10-04, 3-23-2010)

There is 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.

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

   C.   Zone three (waiver criteria zone) is the area within three (3) year groundwater time of travel to the wellhead of margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

   D.   Zone four is the area within fifteen (15) year groundwater time of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer. (Ord. 10-04, 3-23-2010)

The following uses or conditions shall be and are hereby prohibited within drinking water source protection zones, whether or not such use or condition may otherwise be ordinarily included as a part of uses permitted under this title:

   A.   Zone one: The location of any "pollution source" as defined herein.

   B.   Zone two: The location of a pollution source unless its contaminated discharges can be controlled with design standards.

   C.   Zones three and four: The location of a potential contamination source unless it can be controlled through land management strategies. (Ord. 10-04, 3-23-2010)

The policies and procedures for administration of any source protection zone established under this chapter, including, without limitation, those applicable to nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the city of South Weber, as the same is presently enacted or may from time to time be amended. (Ord. 10-04, 3-23-2010)