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Home My Public Portal About004-1994 - GENERAL ORDINANCE TO PROTECT THE SOUTHEAST AQUIFER.px A GENERAL ORDINANCE TO PROTECT THE SOUTHEAST AQUIFER WHEREAS the City of Richmond acquires its drinking water from the Indiana American Water Company; and WHEREAS water is obtained from underground wells which pump water from an aquifer which flows beneath a portion of the City of Richmond; and WHEREAS the Indiana Ground Water Protection program has established a wellhead protection (WHP) program as a state priority in "The Indiana Ground Water Protection Act of 1989"; and WHEREAS the City of Richmond is required by the Indiana Department of Environmental Management to take all measures that are necessary to protect the quality and quantity of the raw water supply from actual or threatened contamination; and WHEREAS the Wellhead District (WH) shall be as shown on attached Exhibit A; and WHEREAS the text of Chapter 154 of the Richmond Code, commonly referred to as the Zoning Ordinance is amended by adding Section 154.39.00 et. seq. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: (1) The area shown on attached Exhibit A and identified as "WH" shall be known as Wellhead District. (2) The text of Chapter 154 of the Richmond Code, commonly referred to as the Zoning Ordinance is amended by adding Section 154.39.00 et. seq, to wit: WELLHEAD DISTRICT 154.39.00 The intent of this District is to guide development in those areas where an aquifer has been identified as deserving of detailed standards because of the existence of a wellhead providing potable water to the local water utility. 154.39.01 The Wellhead District is hereby established as an overlay zoning classification. Land hereafter zoned "Wellhead District" shall bear the map designation of "WH" along with the applicable symbol of the existing zoning classification. 154.39.02 Principal Permitted Uses: All buildings, structures or land uses may be erected, altered, enlarged or used if they meet the requirements of the underlying zone classification. 154.39.03 Water Recharge: Each structure or use which locates within this District shall provide and maintain a green area of at least 15 per cent of the total lot area allocated for such structure or use. Such building, structure or use shall provide for the full recharge of rainwater into the groundwater system. Such 1 system shall be constructed and certified to the satisfaction of the Engineef of the City of Richmond, Indiana, and shall not include the use of dry wells, french drains, or gravel lined ditches or ponds. Site plans with less than 40% green area must be certified by a hydrologist, hydrogeologist or engineering geologist. 154.39.04 Landscaping: Each separate facility which should locate in this district shall provide for and maintain a landscaped area consisting of trees, grass, shrubbery and other landscaping techniques or devices within the set aside green area. The owner shall cause to be submitted to the Planning Director a landscaping plan which shall depict the type, size, and location of landscaping items along with any additional data required. Said landscaping plans must receive the approval of the Planning Director prior to the issuance of an Improvement Location Permit by the Zoning Inspector. 154.39.05 Sanitary Sewers: Sewage disposal must be through sanitary sewers and the publicly owned treatment works, or holding tanks. Infiltration and leach field systems are prohibited. Sanitary sewer lines shall be tested for enfiltration and/or infiltration at least once every five (5) years. 154.39.06 Paved Surfaces: (a.) The use of salt for ice control shall be minimized consistent with public highway safety requirements; (b.) Interior roadways non -dedicated or driveways shall have a minimum width of twenty-four (24) feet and a maximum of thirty-two (32) feet and shall be paved and well maintained. (c.) All parking areas shall be paved except that 5% of such parking area shall be landscaped and shown on the landscaping plan submitted to the Planning Director. (d.) All paved areas, except dedicated rights -of -way, shall be graded so that rainwater will run onto a green area. 154.39.07 The following standards shall apply to all outside storage associated with uses within the "WH" District, to wit: (a.) All uses, except storage and loading, shall be conducted entirely within an enclosed building. Outdoor storage of merchandise, material and equipment is permitted in any required interior side or rear yard, provided the storage area is effectively screened by walls, hedges, fences or buildings, or a combination thereof. Walls or fences shall be solid and not less than six (6) feet in height. (b.) Materials or substances in whole or in part which could leach or diffuse by rain or wind into the sub -surface soils either directly or indirectly shall be permitted to be stored outside on paved areas that are roofed, diked, sewered or otherwise effectively designed so that said leaching or diffusing of said materials or substances does not occur and an accidental spill is contained on an impermeable surface for total recapture. 154.39.08 All fences of a security nature shall be a maximum height of eight (8) feet except as authorized by the Richmond Board of Zoning Appeals. Guard houses may be located in front of the principal building, provided that the use of such guard houses are limited only to the security of the area. 154.39.09 Special restrictions: a.) No facility located in the "WH" District shall be permitted to construct or cause to be constructed, any underground storage tanks. b.) Commercial fertilizers, pesticides, herbicides, or other leachable materials shall not be used in amounts which result in groundwater contamination; c.) Disposal of liquid or leachable wastes on or in the land is prohibited; d.) Extractive operations, except for potable quality water, are prohibited, except for construction, which must replace topsoil and revegetate as quickly as possible. e.) Agricultural chemical restrictions and/or application rates will be determined by the State Chemist. Mixing of agricultural chemicals and cleaning of tanks after use are prohibited within the Wellhead District and upon any area whose surface drains towards the Wellhead District. 154.39.10 The manufacturing, compounding, processing, packaging and/or assembling of insecticides, acids, disinfectants, radioactive materials, coke or gas, metal electroplating exclusively, chemical packaging facilities, composting, sanitary and/or demolition landfills, battery and/or tire storage and collection facilities, paper pulp, or the tanning of hides or the rendering of animals shall be prohibited in the "WH" district. Also the land application of waste water, surface impoundments for waste treatment or storage, waste burning areas, pipelines except natural gas and water, and all classes of injection wells except geothermal heat pumps utilizing a "closed loop" system shall be prohibited. Large quantity hazardous waste generators as defined by RCRA are prohibited. The use or treatment of extremely hazardous substances as listed 40 code of Federal Regulations Part 116 in quantities greater than listed in Part 117 shall be prohibited. The use of RCRA heavy metals is prohibited. Testing and lab use amounts are permitted Vehicle maintenance activities without secondary containment facilities are prohibited. Dry cleaning operations and exterminators are not permitted in the Wellhead District. 154.39.11 Regulated substances are defined as chemicals or mixtures of chemicals that are health hazards. To determine whether a material is a "Regulated Substance" the Material Safety Data Sheet (MSDS) should be reviewed If the MSDS sheet does not clearly indicate whether the material is a health hazard, the manufacturer, vendor, or distributor of that product should be contacted. The total quantity of regulated substances (as defined by OSHA) stored at any facility within the WH District shall not exceed 550 gallons at any one time with the exception of LP gas storage and any exception permitted by 154.39.13(h). 154.39.12 Overlay Zones 1 and 2 are hereby created in the "WH" District. Land use within these 2 zones must further adhere to proposed Indiana Department of Environmental Management (IDEM) regulation as follows: 3 (a) Zone 1: A 750 foot radius around the Wellhead, wherein the following standards apply: (1) There should be no possible source of microbial or chemical contamination. (2) The zone must be posted with a public information sign. (3) Chemicals other than those used for water treatment cannot be stored in this zone. (4) All spills within this zone must be reported to Indiana Department of Environmental Management immediately. (5) The Wellheads must be within a secure area to prevent public access. (6) Development is prohibited for all purposes except as needed by the water utility. (b) Zone 2: Within the boundary of ground water supplying the Wellhead, the following standards apply: (1) All spills within this zone must be reported to I.D.E.M. immediately. (2) The "Public Water Supplier" (PWS) must notify I.D.E.M. of any changes in the number or type of potential sources of chemical contamination. (3) All potential sources of chemical contamination including other wells must be identified. (4) All construction must be in accordance with 327 IAC 15.5 Rule 5. (5) The PWS must notify all potential sources of contamination that those sources are within a Wellhead Protection Area and of their legal responsibilities of being in a Wellhead Protection Area. 154.39.13 Any facility within the Wellhead Protection Area that uses or stores OSHA regulated substances in quantity greater than household use must file with the City Planning Director, a definitive operating plan which includes the following and which shall meet the requirements of the Indiana Fire Prevention Code 675 IAC 22-2 as amended from time to time. (a) Provisions for protection of hazardous materials from vandalism; (b) Provisions for prevention of corrosion and leakage from containers storing hazardous materials; (c) Provisions for the indoor storage of all hazardous materials; rd (d) Provisions to prevent hazardous materials spillage to the outside; (e) Provisions for storage of accumulated waste; per Indiana Department of Environmental Management (I.D.E.M.) and Environmental Protection Agency (E.P.A.) regulations; (f) Provisions for the immediate containment and cleanup of any hazardous spills; (g) Provisions for a recordkeeping system of the quantity and type of material on -site, the quantity used, and the quantity in storage. These records shall be reconciled quarterly; (h) An exemption may be granted by the Director upon showing that a regulated chemical does not pose a threat to the ground water. This chemical will be excluded from the 550 gallon storage limit; (i) Provisions for impervious floor surfaces with no interior drain. 154.39.14 Liquid Transfer Points: Service vehicles/tankers must be within a spill containment area to hook- up with a bulk storage tank on the site. The containment area must be of an impervious material along its floor and sidewalls. 154.39.15 Inspection procedures: (a) An Advisory Committee consisting of one representative of the City of Richmond, a representative of the Indiana American Water Company, and a geology professional from the community, with expertise in ground water, to be appointed by the Mayor of the City of Richmond and two members to be appointed by Council with one of these to have expertise in hazardous chemicals. (b) Monitoring wells will be installed by the City of Richmond in such number and locations as determined by the committee. The committee shall establish a monitoring plan which will address the construction and location of the monitoring wells, the frequency of sampling, the sampling parameters, the sampling methods, and the reporting procedure to ensure enforcement of state and federal environmental laws and regulations. The Committee will review the sampling results, and modify the plan as necessary. Prior to implementation the plan will be submitted to IDEM for review. The committee will present an annual report of activities to Common Council. (c) Test samples from the monitoring wells will be taken quarterly by the Richmond Sanitation District Chemist or the designated representative. (d) Samples will be tested by the Indiana American Water Company for purity, suitability for human consumption, and for indications of ground water contamination, as required by the monitoring plan. (e) Industry located within this designated "WH" District will be inspected no less than annually by the Department of Law, the City Engineer, and the Richmond Fire Prevention Bureau for their adherance to standards 5 set forth in this ordinance. Inspection reports will be presented to the Planning Director. (f) Industry located within this designated "WH" District will be contacted annually by the Department of Planning to ascertain their: (1) Cognizance of location within the "WH" District; (2) Awareness of requirement for immediate notification to I.D.E.M. of any spills; (3) Certification that the occupancy has not changed within the past year and/or is consistent with permitted uses in the "WH" District. (g) The Plan Commission staff shall report results of the Advisory Committee's activities not less than annually to the Advisory Plan Commission of the City of Richmond. (h.) The Advisory Committee may assist the Director, the Inspection Team and Industry in the implementation of this plan by offering technical advice. This could include reviewing exemption requests, developing guidelines for operating plans, employee training and emergency response, inspection procedures and inventory reporting. Passed and adopted this 15th day of May, 1995, by the Common Council of the City of Richmond, Indiana. a� 4, esident (Sarah L. Hutton) p,TTES ,City Clerk { arena Carnes} PRESENTED to the Mayor of the City of Richmond Indiana, this 16th day of ],City , 1995, at 9:00 a.m. p,,C� Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Ric di a, this 16th day of May, 1995, at 9:05 a.m. de ayor o er Cornett) ATTES : City Clerk (Norma Carnes) W W � Q w z 0 z Q U �- CD F--, z rr oz U� �o o N o S X W 3f4 go 3eonr—at 5 0 01HO 30 31Y15 N N N w z w w z z N 0 N m F `° a'z F �- m m ° ¢ ¢ S a :D N m ¢ ' N t7 O LU ".tea U O m w W a w rr� E E j 0 c LLI m m c E r w w +Ju -.1 . ei �g�Cg+ 6 U C7 c7 I( CL 4 Q C U U DISPOSITION OF ORDINANCE NO. RESOLUTION NO. -19 by Common Council 3rdinance No. Resolution No. Elstro Lundy Brookban Donat McBri a Parkei Allen Dickmar Hutton , Date — o� Susp. rules Ist read Title only Seconded •- -------- Proof of Pubiicaton Seconded -------- Move to 2nd read Seconded --------- Engrossment ----------------- Seconded ----•- ------ -------- 1/ ---------- ------ ------ ------ ------ ---------- Susp rules 3rd read ------------------ ------ ------ -------- ---------- ------ ------ ------ Seconded -•---- ---------- Passage ------- ---0 R--------- -------- --•----_ ------ ----•- ---------------------------- Rejection Date Passed_ J 16 l COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: