West Point City Zoning Code
17.140 Drinking
Water Source Protection
17.140.010 Establishment of drinking water source protection zones.
There are hereby established use districts to be known as zones one, two, three, and four of the drinking water source protection area, or alternatively the management area. 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 are identified and described as follows:
A. Zone one is the area within a 100-foot radius from a wellhead or margin of the collection area.
B. Zone two is the area within a 250-day ground water time of travel to a wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer, as specified on the “Drinking Water Source Protection Zone Map” on file with the city.
C. Zone three (waiver criteria zone) is the area within a three-year ground water time of travel to a wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer, as specified on the “Drinking Water Source Protection Zone Map” on file with the city.
D. Zone four is the area within a 15-year ground water time of travel to a wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer, as specified on the “Drinking Water Source Protection Zone Map” on file with the city. In some cases, such as bedrock areas, zones two, three, and four are overlapping, due to the inability to determine time of travel. These are sensitive areas. In these cases, the zone should be protected as for zone two.
E. “Management area” means the area outside of zone one and within a two-mile radius where the optional two-mile radius delineation procedure has been used to identify a protection area, as described in the Utah Division of Drinking Water R309-600, Source Protection: Drinking Water Source Protection for Ground Water Sources. This area shall be treated as for zone two. [Ord. 08-17-2021B § 2 (Exh. A)].
17.140.020 Allowed uses.
The following uses shall be permitted within drinking water source protection zones:
A. Any use permitted within existing agricultural, single-family residential, multifamily residential, and commercial zones so long as uses conform to the rules and regulations of the regulatory agencies.
B. Any other open land use where any building located on the property is incidental and accessory to the primary open land use. [Ord. 08-17-2021B § 2 (Exh. A)].
17.140.030 Prohibited uses.
The following uses or conditions shall be and are hereby prohibited within drinking water source protection zones, whether or not such uses or conditions may otherwise be ordinarily included as a part of a use permitted under WPCC 17.140.020:
A. Zone One. The location of a potential contamination source as defined herein.
B. Zone Two and Management Area. The location of pollution sources as defined herein, unless their contaminated discharges are controlled with design standards.
C. Zones Three and Four. The location of potential contamination sources unless they are controlled through land management strategies.
To further clarify uses and prohibited uses in protective zones, refer to the table in WPCC 17.140.060(A), Use Matrix for Potential Contamination Sources. For a generic list of regulated substances, see WPCC 17.140.060(B). This list and table are for clarification and planning purposes. They are not all-inclusive. Substances that are not in this table and list may need further clarification. [Ord. 08-17-2021B § 2 (Exh. A)].
17.140.040 Overly protective protection zones.
If management areas were delineated using the optional two-mile radius delineation procedure, or if protection zones appear to be excessively conservative (too large), they may be disputed according to the following procedure:
A. Submit written comments to the land use authority stating the reasons that the delineated management area or protective zones should be reconsidered.
B. If the land use authority concurs, it may authorize a new hydrogeologic investigation at the expense of the entity requesting changes to the delineated management area or protective zones.
C. The new hydrogeologic investigation must then be submitted to the Utah Division of Drinking Water for its review.
D. If the Division of Drinking Water finds that the new hydrogeologic investigation is protective and meets the requirements of a delineation report according to the Utah Drinking Water Source Protection for Ground Water Sources Rule (R309-600), the land use authority may enforce this chapter according to the new protection zones. [Ord. 08-17-2021B § 2 (Exh. A)].
17.140.050 Administration.
A. The policies and procedures for administration of any source protection zone established under this chapter, including without limitation those applicable to existing nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the existing land use ordinance for West Point City, as presently enacted, except that the land use authority cannot grant a variance until the request is reviewed and recommendation is provided by the Davis County health department. If it is necessary to have additional expertise evaluate the variance, it shall be at the expense of the entity requesting the variance. The recommendation relative to the requested variance shall be documented and returned to both the requester and the West Point City land use authority.
B. If there are noncompliant potential contamination sources found in the source protection zones that cannot be resolved by the water system, this shall be brought before the West Point City land use authority, Davis County health department, and/or the applicable regulatory agency for enforcement action.
C. It shall be the water system’s responsibility to maintain and supply maps of their source protection zones to West Point City or the data may be obtained by the city, through the State Division of Drinking Water. [Ord. 08-17-2021B § 2 (Exh. A)].
17.140.060 Appendices.
A. The following table identifies uses which have varying potentials to contaminate groundwater sources. These uses have been classified according to the risk of contamination in each protection zone as follows (see definitions for risk classifications):
Allowed Uses (A)
Restricted (R)
Prohibited Uses (X)
Use Matrix for Potential Contamination Sources
Potential Contaminated Sources | Protection Zone | ||
|---|---|---|---|
Zone 1 | Zone 2 | Zones 3 and 4 | |
Abandoned wells | X | X | X |
Agricultural pesticide, herbicide, and fertilizer storage, use, filling, and mixing areas pursuant to federal regulations | X | R | A |
Airport maintenance and fueling sites | X | R | R |
Appliance repair | X | R | R |
Auto operations and fleet vehicle maintenance facilities (commercial): | |||
Dealership maintenance departments | X | R | R |
Tire | X | R | R |
Auto body | X | R | R |
Engine repair | X | R | R |
Rust proofing | X | R | R |
Oil and lube shops | X | R | R |
Vehicle rental with maintenance | X | R | R |
Beauty salons | X | R | A |
Boat building and refinishing | X | R | R |
Car washes | X | A | A |
Cemeteries, golf courses, parks, and plant nurseries | X | R | R |
Chemical reclamation facilities | X | R | R |
Chemigation wells | X | X | R |
Concrete, asphalt, and tar companies | X | R | R |
Dairy farms and animal feedlots (more than 1,000 animal units) | X | X | A |
Dry cleaners (with on-site chemicals) | X | X | R |
Dry cleaners (without on-site chemicals) | X | A | A |
Embalming services | X | R | R |
Farm operations: | |||
Dump sites | X | R | R |
Maintenance garages | X | R | R |
Manure piles (per 1,000 animal units) | X | X | A |
Food processing, meat packing, and slaughterhouses | X | X | A |
Fuel, oil, and heating oil distribution and storage facilities | X | R | R |
Furniture stripping, painting, and finishing businesses | X | R | R |
Gasoline service stations (including underground storage tanks) | X | R | R |
Hospitals and medical, dental, and veterinary offices | X | R | R |
Industrial manufacturers of chemicals, pesticides, herbicides, paper products, leather products, textiles, rubber, plastic, fiberglass, silicone glass, pharmaceuticals, and electrical equipment, etc. | X | R | R |
Industrial waste disposal/impoundment areas | X | X | R |
Junk and salvage yards | X | R | R |
Landfills and transfer stations | X | R | A |
Laundromats | X | A | A |
Machine shops, metal plating, heat treating, smelting, annealing, and descaling facilities | X | R | R |
Mining operations: | |||
Radiological | X | R | R |
Sand and gravel excavation and processing | X | R | R |
Municipal wastewater treatment plants | X | X | A |
Photo processing and print shops | X | R | R |
Railroad loading or unloading areas | X | R | R |
Railroad yards | X | R | R |
Residential pesticide, herbicide, and fertilizer storage, use, filling, and mixing areas pursuant to federal regulations | X | A | A |
Residential underground storage tanks | X | R | A |
RV waste disposal stations | X | X | A |
Salt and salt-sand piles | X | R | R |
Septic tank drain field systems | X | X | R |
Oil pipelines | X | R | R |
Toxic chemical storage | X | X | X |
Wood preservative treatment facilities | X | R | R |
B. Generic Regulated Substance List.
1. Acid and basic cleaning solutions;
2. Antifreeze and coolants;
3. Animal dips;
4. Arsenic and arsenic compounds;
5. Battery acids;
6. Bleaches and peroxide;
7. Brake and transmission fluid;
8. Brine solution;
9. Casting and foundry chemicals;
10. Caulking agents and sealants;
11. Cleaning solvents;
12. Corrosion and rust preventatives;
13. Cutting fluids;
14. Degreasing solvents;
15. Disinfectants;
16. Dyes;
17. Electroplating solutions;
18. Engraving and etching solutions;
19. Explosives;
20. Fertilizers;
21. Fire extinguishing chemicals;
22. Food processing wastes;
23. Formaldehyde;
24. Fuels and additives;
25. Glues, adhesives, and resins;
26. Greases;
27. Hydraulic fluid;
28. Indicators;
29. Industrial and commercial janitorial supplies;
30. Industrial sludges and stillbottoms;
31. Inks, printing, and photocopying chemicals;
32. Laboratory chemicals;
33. Liquid storage batteries;
34. Medical, pharmaceutical, dental, veterinary and hospital solutions;
35. Mercury and mercury compounds;
36. Metal finishing solutions;
37. Oils;
38. Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds;
39. Painting solvents;
40. Pesticides and herbicides;
41. Photo development chemicals;
42. Plastic resins, plasticizers and catalysts;
43. Poisons;
44. Polishes;
45. Polychlorinated biphenyls (PCBs);
46. Pool chemicals;
47. Processed dust and particulates;
48. Radioactive sources;
49. Reagents and standards;
50. Refrigerants;
51. Roofing chemicals and sealers;
52. Sanitizers, disinfectants, bactericides, and algaecides;
53. Soaps, detergents and surfactants;
54. Solders and fluxes;
55. Stripping compounds;
56. Tanning industry chemicals;
57. Transformer and capacitor oils and fluids;
58. Wastewater;
59. Water and wastewater treatment chemicals. [Ord. 08-17-2021B § 2 (Exh. A)].