The United States Environmental Protection Agency (EPA) has identified and designated an area known as the Jacob Smelter Tailing Site as being contaminated with mining wastes containing high concentrations of lead and arsenic, and has consequently placed such site on the EPA's National Priorities List for clean up and remediation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC section 9601 et seq. The EPA has determined that the concentration of lead and arsenic on the site pose a potential health risk to humans, especially small children and pregnant women. Also, the EPA has formulated and issued a remedy for clean up of the site as published and set forth in a Record of Decision (ROD) dated July 29, 1999. (Ord. 17-02, 3-16-2017)

These regulations shall apply to and govern any development or activity, which may cause or contribute to the movement or disturbance of contaminated soil or other material within the boundaries of the site as identified and designated by the EPA, and as depicted on the official map as maintained in the office at the Stockton Town Hall, 18 North Johnson Street, Stockton, UT 84071-0240. Additional maps of the site shall be maintained in the Offices of the County Clerk and Recorder, the State Department of Environmental Quality (DEQ) and Tooele County Health Department. (Ord. 17-02, 3-16-2017)

As used in this chapter:

ACTIVITY: Any action occurring on, above or below the surface of the ground within the boundaries of the site, which results or may result in a disturbance of the permanent remedy applicable to the site.

CLEAN FILL: Topsoil or other fill material with lead concentration of two hundred (200) mg/kg (parts per million (ppm)) or less.

CONTAMINATED SOIL OR MATERIALS: Soil or material containing lead concentration greater than five hundred (500) mg/kg (ppm) or seventy (70) mg/kg (ppm) arsenic.

DEVELOPMENT: Any construction or manmade change in the use or character of land, including, but not limited to, building, grading, excavating, digging, paving, drilling, demolition work or planting.

HARD SURFACE COVER: A nonpermeable or semipermeable barrier overlaying the ground surface such as paving, asphalt, concrete, stone or wood, and including building and other permanent structures.

PERMANENT REMEDY: The remedial action plan specified by the EPA pursuant to its ROD for the site and any subsequently adopted amendments thereto.

PERMANENT REPOSITORY: A location on Jacob Smelter Operable Unit as designated by the EPA to be utilized for the permanent storage of contaminated soil and material originating within the boundaries of the site.

PERSON: An individual, partnership, corporation, association, company, landowner, tenant, occupant, contractor, subcontractor or any public body or political subdivision.

SITE: The area in the Town of Stockton boundaries designated by the United States Environmental Protection Agency (EPA) as part of the Jacobs Smelter Superfund Site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC section 9601 et seq., as amended, and as depicted on the official map maintained by the Development Services Division and signed by an official of the EPA.

UNCONTAMINATED SOIL OR MATERIAL: Soil or material containing concentration of lead and arsenic less than two hundred (200) mg/kg (ppm) and seventy (70) mg/kg (ppm) respectively for vegetable gardens and less than five hundred (500) mg/kg (ppm) and seventy (70) mg/kg (ppm) arsenic for all other areas.

VEGETATIVE COVER: Plant life, including, but not limited to, grass, trees, shrubs, vines and sod, planted or installed in such a manner so as to prevent or minimize the exposure of ground soil. (Ord. 17-02, 3-16-2017; amd. Ord. 2022-07, 12-8-2022)

No person shall undertake or conduct or cause to undertake or conduct any activity or development within the site without first complying with the procedures and performance standards as provided in this chapter. (Ord. 17-02, 3-16-2017)

No person shall undertake or conduct any activities or development within the site involving the excavation of more than one (1) cubic yard of soil without first obtaining a permit from the Town. Activities or development involving excavation of less than one (1) cubic yard of soil shall not require a permit, but shall be subject to the requirements as set forth in section 10-16-7 of this chapter. (Ord. 17-02, 3-16-2017)

All permits shall be applied for on a form provided by the Town. A fee shall be assessed in accordance with the building permit fee schedule. Each applicant for a permit shall, at a minimum, provide the following information:

   A.   The location and nature of the proposed activity or development.

   B.   The depth of any proposed excavation and volume of soil or material to be excavated or disturbed.

   C.   The dimensions of all surface areas to be disturbed.

   D.   The volume of soil or other material to be backfilled on site.

   E.   The volume of soil or other material proposed to be disposed of off the excavation site.

   F.   The duration of any exposure of soil or material excavated from below a hard surface cover.

   G.   The applicant's plans for identification and segregation of clean fill and uncontaminated soil or material from contaminated soil and material during the period of activity or development.

   H.   The applicant's plans for backfilling with uncontaminated soil or material.

   I.   The applicant's plans for ensuring compliance with the performance standards as set forth in section 10-16-7 of this chapter.

   J.   Such additional information as determined by the Town and the Tooele County Health Department utilizing the performance standards as set forth in section 10-16-7 of this chapter. (Ord. 17-02, 3-16-2017)

The following performance standards shall be adhered to and applied to all activity or development within the site so as to maintain and ensure the integrity of the permanent remedy:

   A.   Any disturbed soil or material originating from below a hard surface cover that is to be stored aboveground shall be securely contained and covered with a durable non-permeable tarp so as to prevent the leaching of contaminated material onto or into the surface soil. Where such storage is to extend beyond fourteen (14) calendar days, stored soil or material excavated from below the hard surface cover shall be securely fenced to a height of not less than six feet (6') in addition to being covered as herein required. All soil or material excavated from below a hard surface cover, unless as noted below, shall be removed to the permanent repository within the Jacob Smelter Tailing Operable Unit 1, upon approval by the Tooele County Health Department. Disturbed soil or material need not be removed to the permanent repository if the Tooele County Health Department finds that the contamination of the soil or material is less than the five hundred (500) mg/kg (ppm) of total lead and less than seventy (70) mg/kg (ppm) arsenic.

   B.   No contaminated soil or other material shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits.

   C.   All activity or development shall be accompanied by dust suppression measures, such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulate into the air. (Ord. 17-02, 3-16-2017; amd. Ord. 2022-07, 12-8-2022)

The Town or the Tooele County Health Department may require any person undertaking to conduct activity or development within the site to test any soil or material to establish its total lead (Pb) and arsenic (As) content for the purpose of determining the application of any of the provisions of this chapter. All testing shall utilize and adhere to protocols established or approved by the EPA. (Ord. 17-02, 3-16-2017)

In addition to all other requirements as set forth in this chapter, the following additional requirements shall apply to the use and maintenance of all lands within the site, including, but not limited to, lawns, play areas and parking lots:

   A.   All areas within the site shall be subject to inspection by the Town and the Tooele County Health Department in order to enforce the provisions of this chapter. Inspections shall be done with the consent of the property owner or occupant. If consent is denied, inspection shall be obtained pursuant to a warrant.

   B.   All unremediated areas under hard surface cover within the site shall be maintained with a hard surface cover. Except as allowed pursuant to a duly obtained permit issued under this chapter, no person shall alter any part of a hard surface cover absent prior notice to the Town.

   C.   Any fence, wall or other barrier installed to limit or prevent access to contaminated areas within the site shall be maintained in such a manner so as to ensure its effectiveness against trespass or other intrusion. (Ord. 17-02, 3-16-2017)

   A.   Any person adversely affected or aggrieved by a decision of the Town or the Tooele County Health Department made pursuant to this chapter may appeal such decision to the Town Council. Said appeal shall be filed in writing, and in triplicate, stating the reasons for the appeal with Tooele County Health Department within ten (10) days following the date upon which the decision is made.

   B.   The Tooele County Health Department shall notify the Town Council of the date of review, in writing, at least seven (7) days preceding the date set for hearing so that the record may be prepared for the hearing.

   C.   The Town Council, after proper review of the decision of the Tooele County Health Department may affirm, reverse, alter or remand for further review and consideration any action taken by the Town or the Tooele County Health Department. (Ord. 17-02, 3-16-2017)

   A.   If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provision, clause or application hereof. To this end, the provisions and clauses of this chapter are declared to be severable.

   B.   In accordance with section 96211(e) of title 42 of the United States Code, this chapter shall not require or be construed to require the obtaining of a permit by any agency, employee or contractor of the United States for that portion of any removal or remedial action conducted entirely within the site where such action is selected and carried out in compliance with the provisions of CERCLA, 42 USC section 9601 et seq., and the permanent remedy.

   C.   This chapter shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances.

   D.   This chapter shall become effective fifteen (15) days after its passage and upon at least one (1) publication in a newspaper published and having general circulation in Tooele County, except that the following provisions of this chapter shall become effective and apply to any given parcel or land that has been certified by the Remedial Project Manager for the EPA fully remediated in accordance with the permanent remedy and written notice thereof has been provided to the affected landowners. The Environmental Protection Agency's written notice to the affected landowners shall cite the following:

      1.   Section 10-16-7, "Performance Standards", of this chapter;

      2.   Section 10-16-9, "Inspection And Maintenance Of Permanent Remedy", of this chapter. (Ord. 17-02, 3-16-2017)