HomeMy Public PortalAbout085-2004 - Aquifer Protection OrdinanceORDINANCE NO. 85 - 2004
A GENERAL ORDINANCE AMENDING CHAPTER 154,
OF THE CODE OF ORDINANCES, RICHMOND, INDIANA
REGARDING THE AQUIFER PROTECTION DISTRICT
Section 154.39.00
WHEREAS, a proposed Ordinance (No. 85 - 2004) to amend Chapter 154 of the City of Richmond,
has been submitted to the Common Council of the City of Richmond, Indiana; and
WHEREAS, the existing revised Ordinance (No. 33 - 1999) contains numerous discrepancies and
inconsistencies, and the need for certain changes have become apparent; and
WHEREAS, groundwater is an important potable water resource within the City of Richmond
requiring protection; and
WHEREAS, this Ordinance is enacted to provide for the health, safety, and welfare of the citizens of
the City of Richmond:
NOW, THEREFORE, BE IT ORDAINED by the Common Council of Richmond, Indiana that Chapter
154 of the Richmond Code, Specifically Section 154.39.00 et. seq. regarding Wellhead Districts (nikla/
Aquifer Protection Districts) is hereby amended, and replaced in its entirety, to read as follows:
Statutory Authorization, Finding of Fact, Statement of Purpose:
A. Statutory Authorization
Section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandates
that every State develop a Wellhead Protection Program to protect public water supplies
which utilize a groundwater source.
The Indiana Department of Environmental Management has been authorized by the
United States Environmental Protection Agency (EPA), to administer the above law and
its own rules and regulations, as adopted by the Indiana Water Pollution Control Board in
1997. Therefore, the Common Council of the City of Richmond, does ordain as follows:
B. Findings of Fact
The Common Council of the City of Richmond desires to bring into conformance all
proposed land -use activities in the Aquifer Protection Districts within the City of
Richmond with Wellhead Protection Guidelines developed by the Indiana Department of
Environmental Management.
C. Statement of Purpose
It is the purpose of this Ordinance to protect the public, municipal water supply for the City of
Richmond from land uses that pose a threat to the quality and quantity of the groundwater being
extracted from the municipal wells within the land area described as Aquifer Protection Districts.
This Ordinance is designed to:
Prevent the contamination of groundwater resources;
Prevent excessive extraction of the groundwater resources:
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3. Regulate land -use activities that store, handle, or produce hazardous material ;
4. Require the use of best management practices (regulatory and non -regulatory) for the
protection of existing and future groundwater sources of drinking water;
5. Identify the responsibility of the City of Richmond, as the local governmental unit, and the
Department of Metropolitan Development, as the responsible agent for the City, in
protecting groundwater resources in the city of Richmond;
6. Prevent any increase in the risk of contamination of the aquifer from existing or future uses.
154.39.00 DEFINITIONS:
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application.
1. Aquifer — A geologic formation, group of formations or part of a formation capable
of storing and yielding groundwater to wells or springs.
2. Aquifer Protection District — The surface and subsurface area surrounding a water
well or wellfield, supplying a public water system, through which contaminants are
reasonably likely to move toward and reach such well or wellfield.
In Richmond there are two Districts, designated as the East Aquifer Protection District,
and the West Aquifer Protection District.
3. Best Management Practices (BMPs) — Any of the following measures to minimize, as
reasonably practicable, impacts on groundwater quality and quantity:
a. Schedules of activities;
b. Prohibition of practice;
c. Treatment requirements;
d. Operation and maintenance procedures,
e. Use of containment facilities; and/or
f. Other management practices.
4. Certificate of Conformance — A document issued by the City Engineer for the City
of Richmond, which certifies that an existing or expanding business or the proposed
development meets or exceeds the requirements of the Aquifer Protection Districts.
5. Aquifer Protection District Overlay Map — A map generated by the City of
Richmond illustrating the location of the East and West Districts. This map is available
for inspection at the Department of Metropolitan Development office.
6. Construction — Includes building, erecting, moving, or any physical operations on
the premises which are required for construction. Excavation, fill, paving, and the like
shall be considered part of construction.
7. Contaminate — To have hazardous materials or regulated substances mixed into an
aquifer formerly void of such substances.
S. Discharge — The off -site release of any regulated substance or hazardous materials
that are not immediately contained and cleaned up so that it poses no threat to the aquifer.
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9. Excessive Extraction — A withdrawal of groundwater from an aquifer that results in
or may result in the lowering of the water level or piezometric surface to such an extent
as to interfere with the normal operation of existing private, industrial or municipal water
wells. Excessive extraction is also defined as withdrawal from an aquifer which will lead
to desaturation of the aquifer or desaturation to a point where consolidation of the aquifer
material occurs, preventing any further recharge of the aquifer from occurring.
10. Green Area — A vegetated area consisting of, but not limited to, trees, shrubs,
grass, low lying ground cover and native cover material able to transfer runoff from
surface sources to groundwater and aquifer recharge.
11. Ground Water — The water contained within the earth's surface that has penetrated
from precipitation and from infiltration by streams, ponds and lakes.
12. Ground Water Contamination — Presence of any substance designated by the U.S.
EPA or the State of Indiana as a primary or secondary water quality parameter, in excess
of the maximum allowable contaminant level (MCL) as defined by the National Primary
Drinking Water Regulations.
13. Hazardous Materials — A material which is defined in one or more of the following
categories:
a. Ignitable: A liquid with a flashpoint of less than 140' F; a solid which may
cause fires through friction, spontaneous chemical changes, or absorption of
moisture; an oxidizer. Examples: gasoline, white phosphorous, peroxide.
b. Carcinogenic: A gas, liquid, or solid which is normally considered to be
cancer causing or mutagenic. Examples: PCBs in some waste oils.
c. Explosive: A reactive gas, liquid, or solid which will vigorously and
energetically react uncontrollably if exposed to heat, shock, pressure, or
combinations thereof. Examples: dynamite, organic peroxides, and ammonium
nitrate.
d. Highly Toxic: A gas, liquid, or solid so dangerous to humans as to afford an
unusual hazard to life. Examples: parathion and chlorine gas.
e. Moderately Toxic: A gas, liquid, or solid which, through repeated exposure
or in a single large dose, can be hazardous to humans. Examples: atrazine.
f Corrosive: Any material, whether acid or alkaline, which will cause severe
damage to human tissue, or in case of leakage might damage or destroy other
containers of hazardous materials and cause the release of their contents.
Examples: battery acid, phosphoric acid, lye.
g. Reactive: A substance that reacts violently with water, forms potentially
explosive mixtures with water; generates cyanide or sulfide fumes in quantities
dangerous to human health; or is capable of detonation. Examples: sodium.
14. Hazardous Substance -- As defined in 154.39.09 (c) (1).
15. Local Government Unit — The Department of Metropolitan Development of the
City of Richmond is the local government unit responsible for protecting the ground
water resources regulated by this Ordinance.
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16. Low impact development techniques — A subset of BMPs that use nonstructural
and structural techniques to minimize the impact of development on the hydrology of a
site. Examples include; preservation of natural areas, vegetative filter and buffers and
pervious paving materials.
17. Non -conforming Use — Practices, structures or materials existing prior to the
adoption of this ordinance which do not comply with the requirements of this ordinance,
but do require the reporting of regulated substances or hazardous materials.
18. Person — Any individual, partnership, co -partnership, firm, company,
corporation, association, trust, estate, political subdivision, state agency, or any other
legal entity or their legal representative, agent or assigns owning or legally capable of
owning property in the state of Indiana.
19. Potable Water — Water that is satisfactory for drinking, culinary, and domestic
purposes, meeting current state and federal drinking water standards.
20. Regulated Substance — Any liquid or water soluble solid which has the potential to
contaminate the aquifer.
21. Responsible Agent of the City— The City of Richmond Department of Metropolitan
Development, as the responsible agent for the City, reviews all development plans within
the Wellhead Protection Area, makes any necessary interpretation of Wellhead Protection
Districts, East and West, and reviews any other related matters that may arise in the
administration of this Ordinance.
22, Surface Impoundment — A topographic depression, excavation, or diked area,
primarily formed from earthen materials (lined or unlined) and designed to hold
accumulated liquid wastes, wastes containing free liquids, or sludges that were not
backfilled or otherwise covered during periods of deposition; depression may be dry if
deposited liquid has evaporated, volatilized or leached, or wet with exposed liquid;
structures that may be more specifically described as lagoon, pond, aeration pit, settling
pond, tailings pond, sludge pit, etc.; also a surface impoundment that has been covered
with soil after final deposition of waste materials (i.e., buried or backfilled).
23. Wellfield — A tract of land, either continuous or disjointed, which contains a number
of existing or proposed wells for supplying water as specified in the wellfield protection
maps.
24. Wellhead — The specific location of a well (a hole or shaft dug or drilled to obtain
water) and/or any structure built over or extending from a well.
25. Wellhead Protection Local Planning Team (LPT) — Individuals with interest in the
protection of local groundwater resources who have participated in the development of
the Wellhead Protection Plan. A list of current members of the LPT will be maintained
on file with the Department of Metropolitan Development.
154.39.01 AQUIFER PROTECTION DISTRICTS:
The intent of these Districts are to guide development and existing uses in those areas
where an aquifer has been identified as deserving of detailed standards because of the
existence of a wellfield providing potable water to the local water utility.
154.39.02 Two Aquifer Protection Districts are hereby established as an overlay zoning
classification; An East Aquifer Protection District, and a West Aquifer Protection
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District. Land hereafter zoned "Aquifer Protection District" shall bear the map
designation of "AP" along with the applicable symbol of the existing zoning
classification.
154.39.03 The following areas are designated on the Richmond Zoning Map as Aquifer Protection
East District, and Aquifer Protection West District:
See Exhibit A attached hereto and incorporated by reference showing each such
District cross -hatched.
154.39.04 Water Recharge: Any storm water structure within the East Aquifer Protection District
shall be designed to provide for a maximum rate of recharge into the groundwater
system. Any recharge system shall be constructed to the satisfaction of the Engineer of
the City of Richmond, Indiana preferably using low impact development techniques that
serve to both detoxify pollution and provide for infiltration to recharge the aquifer.
Acceptable examples include, but are not limited to, permeable pavements, bio-retention
areas, constructed wetlands and grassy swales. The use of dry wells, French drains and
gravel -lined ditches that do not provide for detoxification is prohibited. Site plans
exceeding five acres must:
(a) Include an approval by a licensed professional qualified in the field of
groundwater hydrology; and
(b) Be acceptable to the City Engineer.
154.39.05 Sanitary Sewers: Except where service is not currently available, all sewage disposal
within the Districts 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 inspected by the Richmond Sanitary District for exfiltration and/or
infiltration at least once every five (5) years.
154.39.O6 Paved Surfaces: The use of salt and other substances for ice control shall be minimized
consistent with public highway safety requirements.
154.39.07 Outside Storage: Hazardous substances as defined in 154.39.09 (c)(1) and regulated
substances in storage containers totaling 55 gallons or greater in whole or in part which
have the potential to contaminate the aquifer and could leach or diffuse by rain or wind
into the sub -surface soils either directly or indirectly shall be permitted to be stored
outside only in areas with secondary containment and/or diversionary structures designed
so that said leaching or diffusion of said materials or substances does not occur and an
accidental spill is contained on an impermeable surface for total recapture.
154.39.08 Special Restrictions within the Districts:
(a) No facility shall be permitted to construct or cause to be constructed, any
underground storage tanks, except as set out in Section 154.39.10.2.
(b) Fertilizers, pesticides (including, but not limited to: herbicides, insecticides,
fungicides, rodenticides), or other leachable materials shall not be used in
amounts which result in groundwater contamination and shall be used and
disposed of in accordance with the state Pesticide Review Board and all federal
label instructions;
(c) Disposal of liquid or leachable wastes on or in the land is prohibited;
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(d) Extractive operations, except for potable quality water, are prohibited, except for
construction, which may replace topsoil and re -vegetate as quickly as possible.
154.39.09 Special Restrictions within the Districts: Except as allowed in 153.39.10 and 154.39.11,
the following uses remain prohibited in the Aquifer Protection Districts, even if they shall
be allowed by right in the underlying zoning district:
(a) The manufacturing, compounding, processing, packaging and/or assembling and
storage of any federally regulated pesticides (including, but not limited to:
herbicides, insecticides, fungicides, rodenticides and disinfectants), acids,
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;
(b) 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;
(c) The manufacturing, compounding, processing, packaging and/or assembling and
storage of hazardous materials, excluding manufacturing, compounding,
processing, packaging and/or assembling and storage for on -site usage. These
hazardous materials, as periodically updated, include:
(1) Any hazardous substance, toxic, chemical or hazardous waste as listed
in the following federal regulations:
(a) Superfund Amendments and Reauthorization Act (SARA) of
1986, Section 302 Extremely Hazardous Substances List (40
Code of Federal Regulations (C.F.R.) 300, App. A and B);
(b) Comprehensive Environmental Response Compensation and
Liability Act Superfund (CERCLA) of 1980, Hazardous
Substances List (40 C.F.R. 302, Table 302.4);
(c) SARA of 1986, Section 313, Toxic Chemicals List (40 C.F.R.
Section 372.45); and
(d) Resource Conservation and Recovery Act (RCRA) of 1976
and 1984 Amendments, Hazardous Wastes List (P and U
Categories) (40 C.F.R. Section 261.33 (e) and (f)).
Note: The lists referenced in Section (c) (1) (a-d), are
summarized on the Title III List of Lists — Chemicals Subject to
Reporting Under Title III of the Superfund Amendments and
Reauthorization Action (SARA) of 1986, published July 1987,
U.S. EPA. (See www.epa.-gov/ceppo/pubs/title3.pdf).
(2) If it can be demonstrated that the chemical characteristics of a specific
hazardous material set forth in section 154.39.09 (c) (1) above (such as,
but not limited to, gases and insoluble solids) pose no risk to the aquifer,
an exemption may be granted by the Department of Metropolitan
Development in consultation with the Wayne County Emergency
Management Agency.
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(d) The manufacturing, compounding, processing, packaging and/or assembling
and storage of regulated substances not included in section 154.39.09 (c) above
must be in accordance with Best Management Practices.
154.39.10 Special Exemptions and Limited Exclusions: Not withstanding any prohibition or other
requirements under this Ordinance, special exemptions and limited exclusions
are authorized for:
Transportation of any regulated substances through the Aquifer Protection
Districts, provided the transporting vehicle is in continuous transit;
2. Storage of fuel and lubricants for on -site vehicle and/or machinery operations,
either in above ground storage facilities or in underground storage tanks that
meet U.S. EPA standards as set forth in IDEM requirements and regulations
(329 IAC 9-1-1).
The use, storage, handling and/or production of regulated substances
associated with non -routine maintenance or repair of property or equipment,
shall be limited to normal business use, as identified in the information supplied
for the Certificate of Conformance.
4. Regulated substances provided they are packaged for personal or household use
or are present in the same form and concentration as a product packaged for use
by the general public. In no case shall regulated substances claimed under this
exclusion include hydrocarbons or halogenated hydrocarbon solvents. The
inventory of such regulated substances shall be limited to normal business use, as
identified in the information supplied for the Certificate of Conformance.
5. Office supplies that are used for the operation of on -site administrative offices,
provided such supplies are prepackaged in a form ready for use;
6. Sales or distribution establishments that store and handle regulated substances
for resale in their original containers;
7. Geotechnical borings;
8. Facilities used in the transmission and distribution of electricity by an electric
utility authorized to provide service in the Aquifer Protection District.
154.39.11 Non -conforming Uses: Non -conforming uses may continue in the Aquifer Protection
Districts in the form in which they exist at the time of the adoption of this ordinance, with
the following conditions:
Any change of title or right to possession shall not affect such continuation of an
existing use. Whenever a non -conforming use has been abandoned for a
period of eighteen (18) months, such use shall not thereafter be re-established
and any future use shall only be in compliance with the provisions of this
Ordinance. In the event any re-established non -conforming use poses a direct
hazard to the public water supply, as pursuant to the Federal Safe Drinking Water
Act, the City of Richmond may take any action permitted by law to abate the
hazard.
2. Any additions or expansions of existing non -conforming uses or activities are
permitted provided that Best Management Practices are implemented such that
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the net risk to the aquifer is minimized. The expansion of the non -conforming
use may not be for the purpose of changing that use to another non -conforming
use unless the applicant can demonstrate to the City of Richmond that the new
use poses no greater threat to groundwater than the current use.
154.39.12 Best Management Practices Plan: Businesses, facilities or activities that use or store
regulated substances in excess of five (5) gallons of a liquid, or twenty-five (25) pounds
of a solid, shall develop and maintain a Best Management Practices Plan that includes:
(a) A list of Regulated Substances
(b) Secondary containment for storage and use area
(c) Disposal procedures
(d) Emergency spill procedures and notification
(e) Appropriate training for workers
The management plan, which may include forms or information prepared for other
governmental agencies, shall be placed on file with the Department of Metropolitan
Development and the Wayne County Emergency Management Agency, and shall be
updated in a timely manner whenever a change affecting the management plan occurs.
154.39.13 Requirement for Conformance Certificate:
Prior to Preliminary Plan Approval by the Department of Metropolitan Development, the
applicant shall provide a "Certificate of Conformance" with the Aquifer Protection
District Ordinance, issued by the City Engineer of the City of Richmond, in a timely
manner, for all proposed land -use activities in the East and West Districts within the City
of Richmond.
A building permit in conformity with this Ordinance shall be required prior to the
commencement of any development activity.
154.39.14 Inspections: Inspections, during normal business hours, may be required to verify
compliance with the Aquifer Protection Ordinance. Such inspections shall be performed
by the City of Richmond or its designee.
154.39.15 Renorting_of Discharges: The discharge of greater than 10 pounds or 1 gallon of any
regulated substance shall be reported immediately by the facility owner, operator, or
responsible parry by calling 911. Discharges of hazardous materials must comply with
Federal EPA reporting requirements.
154.39.16 Review and Administration: The Department of Metropolitan Development shall be
responsible for the review of all development plans within the Aquifer Protection
Districts, and other related matters that may arise in the administration of this Ordinance.
154.39.17 Enforcement: This Ordinance shall be strictly enforced in accordance with the
enforcement procedures established by the City of Richmond, except as follows:
a. Prior to the imposition of a fine, the intent of the City in enforcement of this
ordinance is, whenever and wherever possible, to work with and communicate with the
person violating any provision or provisions of this ordinance.
b. A person who has violated, or continues to violate, any provision or
provisions of Section 154.39.00 of Chapter 154 of the Richmond Code, or order issued
hereunder, or any other standard or requirement, may be liable to the City for a total
maximum civil penalty and ordinance violation of up to $2,500.00 per violation, per day.
Penalties and fines shall accrue for each day during the period of the violation.
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c. The City may recover, from any person who has violated, or continues to
violate, any provision or provisions of Chapter 154 of the Richmond Code, reasonable
attornev's fees, court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual damages incurred
by the City.
The remedies listed in this Ordinance are not exclusive of any other remedies available
under any applicable federal, state, or local law and it is within the discretion of the City
to seek cumulative remedies.
154.39.18 Injunctive Relief: It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this Ordinance. If a person has violated or
continues to violate the provisions of this Ordinance, the City may petition for a
preliminary or permanent injunction restraining the person from activities which would
create further violations or compelling the person to perform abatement or remediation of
the violation. The City may also seek such action as is appropriate for legal and/or
equitable relief, including a requirement for the person to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite
for, taking any other action against a person.
154.39,19 Reporting Requirements: It shall be the responsibility of the City of Richmond
Department of Metropolitan Development to provide the Wellhead Protection Local
Planning Team with copies of Conformance Certificates, Regulated Substances
registration information and Facilities Inspection Reports.
154.39,20 Efffective date: This ordinance shall take effect on June 1, 2006.
Passed and adopted this 1 st day of May, 2006, by the Common Council of the City of Richmond, Indiana
zs�' President
(K41 Sharp)
/ 1--V
ATTE Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this,y of 2006, at
9:00 a.m.
lerk
(Karen Chasteen)
E
M
VED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, thisl,!7 day of
2006, at 9:05 a.m.
�4-Mayor
(Sarah L. Hutton)
ATTE lerk
(Karen Chasteen)
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PASSED by Plan Commission 6/13/05
Exhibit A: The East and West Aquifer Protection Districts
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Exhibit A: The East and West Aquifer Protection Districts
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