City Ordinances: Chapter 148

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CHAPTER 148: PUBLIC WATER SUPPLY WELLHEAD PROTECTION

148.01    DEFINITIONS.

  1. “Alluvium” means sand, clay, etc., gradually deposited by moving water.
  2. “Aquifer” means a rock formation, group of rock formations or part of a rock formation that contains enough saturated permeable material to yield significant quantities of water.
  3. “Contamination” means the presence of any harmful or deleterious substances in the water supply.
  4. “Flow system boundaries” means a delineation criterion that uses groundwater divides, surface water bodies or other hydrologic/physical features to delineate a Wellhead Protection Area.
  5. “Groundwater” means subsurface water in the saturated zone from which wells, springs and groundwater runoff are supplied.
  6. “Hazardous substances” means those materials specified in Section 148.02 of this chapter.
  7. “Labeled quantities” means the maximum quantity of chemical as recommended on the label, for specific applications.
  8. “Petroleum product” means fuels (gasoline, diesel fuel, kerosene and mixtures of those products), lubricating oils, motor oils, hydraulic fluids and other similar products.
  9. “Pollution” means the presence of any substance (organic, inorganic, radiological or biological) or condition (temperature, pH, turbidity) in water that tends to degrade the usefulness of the water.
  10. “Potable water” means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.
  11. “Primary containment” means the first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
  12. “Public utility” means any utility (gas, water, sewer, electrical, telephone, cable television, etc.) whether publicly owned or privately owned.
  13. “Secondary containment” means the level of product-tight containment external to and separate from the primary containment. Secondary containment shall consist of leak-proof trays under containers, floor curbing or other containment systems and shall be of adequate size and design to handle all spills, leaks, overflows and precipitation until appropriate action can be taken.  The specific design and selection of materials shall be sufficient to preclude any substance loss.  Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented.
  14. “Shallow well” means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point twenty-five (25) feet below the normal ground surface.
  15. “Toxic substance” means any substance that has the capacity to produce personal injury or illness to humans through ingestion, inhalation or absorption into the body.
  16. “Transit” means the act or process of passing through the Wellhead Protection Zones, where the vehicle in transit may be parked (within the Wellhead Protection Area) for a period not to exceed two hours.
  17. “Water pollution” means the introduction in any surface or underground water of any organic or inorganic deleterious substance in such quantities, proportions and accumulations that are injurious to human, plant, animal, fish and other aquatic life or property or that unreasonably interfere with the comfortable enjoyment of life or property or the conduct of business.
  18. “Well” means a pit or hole sunk into the earth to reach a resource supply such as water.
  19. “Well field” means a tract of land that contains a number of wells for supplying water.
  20. “Wellhead Protection Zones” means zones delineated by flow-boundary and fixed radii criterion around wellheads, within which toxic substances will be regulated to protect the quality of the underground resource.
  21. “Zone of contribution” means the area surrounding a pumping well that encompasses all areas or features that supply a groundwater recharge to the well.

148.02    SUBSTANCES REGULATED.  The materials regulated by this chapter are the following:

  1. Substances listed in 40 CFR Section 302.4, List of Hazardous Substances and Reportable Quantities.
  2. Substances listed by the Iowa Labor Commissioner pursuant to Chapter 89B of the Code of Iowa (Hazardous Chemicals Risks – Right to Know).
  3. Substances listed in 40 CFR Section 261, subparts A, B, C and D, Federal Hazardous Waste List.

148.03    MAPS OF ZONES OF PROTECTION.

  1. Maps. Zones of Protection maps and any amendments thereto are incorporated by reference and made a part of this chapter.  These maps are on file at City Hall.  The location of all wells in the City supplying potable water to the City Water System are shown on the official Wellhead Protection Map with Primary Zone, Secondary Zone and Zone of Sensitivity indicated.
  2. Map Maintenance. The Zones of Protection maps may be updated on an annual basis.  The reasons for such an update may include, but are not limited to, the following:
    1. Changes in the technical knowledge concerning the aquifer;
    2. Changes in permitted pumping capacity of City wells;
    3. Addition of wells or elimination of existing wells;
    4. Designation of new well fields.
  3. Wellhead Protection Zones. The zones of protection indicated on the Zones of Protection maps are as follows:
    1. Primary Protection Zone – an area extending 250 feet radially from any well supplying potable water to the City Water System, except where the zone boundary follows a flow system boundary to the zone of contribution.
    2. Secondary Protection Zone – an area extending between 250 and 1,000 feet radially from any well supplying potable water to the City Water System, except where the zone boundary follows a flow system boundary to the zone of contribution.
    3. Zone of Sensitivity – an area extending between 1,000 feet and 2,640 feet radially from any well supplying potable water to the City Water System, except where the zone boundary follows a flow system boundary to the zone of contribution.

148.04    RESTRICTIONS WITHIN THE PRIMARY PROTECTION ZONE.

Permitted Uses. The following uses are permitted uses within the Primary Protection Zone.  Uses not listed are to be considered prohibited uses.

  1. Parks, provided there are no on-site waste disposal or fuel storage tank facilities associated with this use, and the Iowa Department of Natural Resources Separation Distances from Wells for sources of contamination is complied with.
  2. Playgrounds.
  3. Wildlife areas; open spaces.
  4. Lawns and gardens.
  5. Nonmotorized trails, such as biking, skiing, nature and fitness trails.

Prohibited Uses. Additional restrictions are as follows:

  1. No person shall discharge or cause or permit the discharge of a hazardous substance (including herbicide and pesticide application) to the soils, groundwater or surface water within the Primary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the Wellhead Protection Officer.
  2. Any person responsible for discharging or causing or permitting such discharge of hazardous substances will be financially responsible for all environmental cleanup costs, and may be subject penalties provided for a violation of this Code of Ordinances.

148.05    RESTRICTIONS WITHIN THE SECONDARY PROTECTION ZONE.

Permitted Uses. The following uses are permitted in the Secondary Protection Zone.  Uses not listed are to be considered prohibited.

  1. All uses listed as permitted in the Primary Protection Zone.
  2. Sewered residential, commercial uses.
  3. Above-ground storage tanks of 660 gallons or less.
  4. Basement storage tanks.
  5. Livestock grazing and field cropping activities.

Prohibited Uses. Additional restrictions are as follows:

  1. No person shall discharge or cause or permit the discharge of a hazardous substance to the soils, ground water, or surface water within the Secondary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the Wellhead Protection Officer.
  2. Any person responsible for discharging or causing or permitting such discharge of hazardous substances will be financially responsible for all environmental cleanup costs, and may be subject to penalties provided for a violation of this Code of Ordinances.
  3. Any person who stores, handles, produces or uses chemicals within the Secondary Protection Zone shall provide the relevant MSDS sheets to the Wellhead Protection Officer regardless of said person’s status under Section 148.07 of this chapter.
  4. No person shall apply herbicides or pesticides in any form to the soils, groundwater or surface water within the Secondary Protection Zone without first obtaining a permit to do so from the Council as under Section 148.07(4).

148.06    RESTRICTIONS WITHIN THE ZONE OF SENSITIVITY.

Permitted Uses. The following uses are permitted in the Zone of Sensitivity.  Uses not listed are to be considered prohibited.

  1. All uses listed as permitted in the Primary Protection Zone.
  2. All uses listed as permitted in the Secondary Protection Zone.
  3. All uses, handling and storage, when in compliance with and allowed by Federal, State and local laws and regulations.

Prohibited Uses. Additional restrictions are as follows:

  1. No person shall discharge or cause or permit the discharge of a hazardous substance, in excess of labeled quantities, to the soils, ground water, or surface water within the Zone of Sensitivity. Any person knowing or having evidence of a discharge shall report such information to the Wellhead Protection Officer.
  2. Any person responsible for discharging or causing or permitting such discharge of hazardous substances will be financially responsible for all environmental cleanup costs, and may be subject to penalties provided for a violation of this Code of Ordinances.

148.07    EXCEPTIONS. 

  1. The following activities or uses are exempt from the provisions of this chapter:
    1. The transportation of any hazardous substance through the wellhead protection zones, provided the transporting vehicle is in transit.
    2. Silvaculture uses and mosquito control spraying providing that said uses comply with the Iowa Commercial and Public Pesticide Applicators and Dealers Licensing through the Iowa Department of Agriculture. The use and storage of herbicides and pesticides for silvaculture uses are prohibited within the Primary Protection Zone but are allowed within the Secondary Protection Zone.
    3. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle.
    4. Fire, police, emergency medical services, emergency management center facilities or public utility transmission facilities.
    5. Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers, only in the Secondary Protection Zone and the Zone of Sensitivity.
    6. Consumer products located in the home which are used for personal, family or household purposes, only in the Secondary Protection Zone and the Zone of Sensitivity.
    7. The storage and use of hazardous substances as a fuel or lubricant to provide auxiliary power for emergency use to the well field, provided an enclosed secondary containment system is provided for the hazardous substance.
    8. The use of water treatment chemicals connected with the operation of the well.
  2. The use of structures or facilities existing at the time of the adoption of the ordinance codified by this chapter may be continued even though such use may not conform with the regulations of this chapter. However, such structures or facilities may not be enlarged, extended, reconstructed or substituted subsequent to adoption of said ordinance unless an exemption is granted by the Council.
  3. Any person who engages in nonresidential activities relating to the storage, handling, use and/or production of any toxic or hazardous substances who is exempt from this chapter by law shall not be subject to the restrictions contained herein.
  4. All requests for permits or special exceptions in the Wellhead Protection Zones must be made in writing to the Council, must include MSDS sheets for all chemicals to be stored, handled, used or produced under the permit or special exception, and may be required to include an environmental assessment report at the discretion of the Council. Any exemptions or permits granted will be made conditional and may include environmental monitoring and cleanup costs.  The exemption or permit will be made void if environmental and/or safety monitoring indicates that the facility or activity is emitting any releases of harmful contaminants to the surrounding environment.  The facility will be held financially responsible for all environmental cleanup costs.  Any permits granted for the application of the herbicides or pesticides within the Secondary Protection Zone will be valid for one application only.

148.08    DETERMINATION OF LOCATIONS WITHIN ZONES.  In determining the location of properties within the zones depicted on the Zones of Protection Maps, the following rules shall apply:

  1. Properties located wholly within one zone reflected on the applicable Zone of Protection Map shall be governed by the restrictions applicable to that zone.
  2. For properties having parts lying within more than one zone as reflected on the applicable Zone of Protection Map, each part shall be governed by the restrictions applicable to the zone in which it is located.

148.09    ENFORCEMENT AND PENALTIES.

  1. The Water Superintendent is designated as the Wellhead Protection Officer unless another person is specifically designated by the Council to supervise the implementation and enforcement of this chapter.
  2. The Wellhead Protection Inspector shall be designated by the Council.
  3. No building permit shall be issued which is a violation of the Iowa Department of Natural Resources Separation Distances from Wells, a violation of this chapter or a source of contamination for a City well.
  4. No new underground tanks will be allowed for auxiliary fuel storage in the Primary or Secondary Zones.
  5. Any person who fails to comply with the provisions of this chapter shall be subject to provisions and penalties provided for a violation of this Code of Ordinances.

148.10    INSPECTIONS. 

  1. The Wellhead Protection Inspector shall have the power and authority to enter and inspect all buildings, structures and land within Wellhead Protection Zones for the purpose of making an inspection. Failure of a person having common authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the Protection Officer or Inspector to inspect such premises.
  2. In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the officer or inspector may enter into or upon any open unsecured portion of the premises in order to conduct an inspection thereof.
  3. The Wellhead Protection Officer or Inspector may inspect each City well annually and shall maintain an inventory, if applicable, of all hazardous substances which exist within the Primary and Secondary Protection Zones. One format that may be used is Iowa DNR Form OMB No. 2050-0072.  MSDS sheets on these chemicals will be made available to the Inspector as under 148.05(2)(C).  An emergency plan shall be prepared and filed with the County Emergency Management Agency indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled materials.

148.11    NOTICE OF VIOLATION AND HEARING.  Whenever an officer or an inspector determines that there is a violation of this chapter, said officer shall give notice thereof, and such notice of violation shall:

  1. Be in writing;
  2. Be dated and signed by the officer or inspector;
  3. Specify the violation or violations; and
  4. State that said violations shall be corrected within ten (10) days of the date on which the inspector issued the notice of violation.

148.12    INJUNCTIVE RELIEF.  If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances within the Wellhead Protection Zones, as indicated on the Zones of Protection Maps, continues to operate in violation of the provisions of this chapter, then the City may file an action for injunctive relief in the court of jurisdiction.

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