A.   This chapter shall be known as the GROUNDWATER 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 groundwater protection zones surrounding the wellheads for all wells and springs 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. 2-12-98-A, 3-12-1998, eff. 3-12-1998)

The policies and procedures for administration of any groundwater 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. 2-12-98-A, 3-12-1998, eff. 3-12-1998; amd. 2014 Code)

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

GROUNDWATER: Water source appurtenant to or directly used as culinary water.

HAZARDOUS WASTE OR MATERIAL: Any waste or material, which is determined presently or in the future by the environmental protection agency, the state of Utah or Toquerville City, 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.

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

SPRING BOX: The spring collection box and/or area where water is being captured for culinary use.

WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments. (Ord. 2-12-98-A, 3-12-1998, eff. 3-12-1998)

There is hereby established a use district, which is divided into three (3) zones. These zones are determined by the water time of travel through geographical stratum indigenous to the area of the water source to be protected and must be established by a qualified geologist. These zones are as follows:

   A.   Zone 1: One hundred foot (100') radius from wellhead, spring box or collection area of culinary water.

   B.   Zone 2: Two hundred fifty (250) day groundwater time of travel to wellhead or spring box.

   C.   Zone 3: Fifteen (15) year groundwater time of travel to wellhead or spring box. (Ord. 2-12-98-A, 3-12-1998, eff. 3-12-1998)

The following uses shall be permitted within groundwater protection zones:

   A.   Any use permitted within existing agricultural or single- family residential districts, except that the minimum residential lot size for a lot, any portion of which lies within the groundwater protection zone, shall not be less than one acre; and

   B.   Any other open land use where any building located on the property is incidental and accessory to the primary open land use. (Ord. 2-12-98-A, 3-12-1998, eff. 3-12-1998)

The following uses or conditions shall be and are hereby prohibited within groundwater protection zones, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under section 10-27-5 of this chapter. Prohibited uses for each zone are defined separately as follows:

   A.   Zones 1 and 2:

      1.   Septic tanks or drainfields appurtenant thereto;

      2.   Sanitary sewer lines within one hundred fifty feet (150') of wellhead or collection box;

      3.   Underground storage tanks;

      4.   Stormwater infiltration basins;

      5.   Impervious surfaces, other than roofs of building and streets, driveways and walks serving buildings permitted under section 10-27-5 of this chapter.

   B.   Zone 3:

      1.   Surface use or storage of material defined as hazardous, as defined in section 10-27-3 of this chapter, expressly including commercial use of agricultural pesticides;

      2.   Sanitary landfills;

      3.   Hazardous waste disposal sites. (Ord. 2-12-98-A, 3-12-1998, eff. 3-12-1998)