HomeMy Public PortalAboutORD-CC-2001-10ORDINANCE 2001-10
ESTABLISHING DRINKING WATER SOURCE PROTECTION ZONES
SURROUNDING ALL CITY WELLS AND SPRINGS
WHEREAS, the State of Utah requires public drinking water providers to adopt a Drinking Water
Source Protection Plan delineating drinking water protection zones for all wells and springs that provide
water for a public drinking water system; and
WHEREAS, A Drinking Water Source Protection Ordinance should be adopted as part of the
implementation Drinking Water Source Protection Plan; and
WHEREAS, the City of Moab has submitted its Drinking Water Source Protection Plan to the State,
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Moab that
Chapter 13.26 of the Moab Municipal Code be adopted and shall read:
Chapter 13.26 DRINKING WATER SOURCE PROTECTION
13.26.010 Purpose
The purpose of this chapter is to insure the provision of a safe and sanitary drinking water supply
for the City by the establishing drinking water source protection zones surrounding wellheads and
springs for all wells and springs that are supply sources for the City water system and by
designating and regulating property uses and conditions within such zones.
13.26.020 Definitions.
A. "Design standard" means a control which is implemented by the property owner of a property
on which a potential contamination source exists, in order to prevent discharges to the ground
water.
B. "Land management strategies" means zoning and non -zoning controls which include, but are
not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and
operating standards, source prohibitions, purchase of property and development rights, public
education programs, ground -water monitoring, household hazardous waste collection
programs, water conservations programs, memoranda of understanding, written contracts and
agreements and so forth.
C. "Pollution source" means point source discharges of contaminants to ground water or
potential discharges of the liquid forms of "extremely hazardous substances" which are
stored in containers in excess of "applicable threshold planning quantities" as specified in
SARA Title III. Examples of possible pollution sources include, but are not limited to, the
following: storage facilities that store the liquid forms of extremely hazardous substances,
septic tanks, drain fields, Class V underground injection wells, landfills, open dumps,
landfilling of sludge and septage, manure piles, pit privies, and animal feeding operations
with more than ten animal units. The following clarify the definition of pollution source:
1. "Animal feeding operation" means a lot or facility where the following conditions are met:
animals have been or will be stabled or confined and fed or maintained for a total of 45
days or more in any 12 month period, and crops, vegetation forage growth, or post -harvest
residues are not sustained in the normal growing season over any portion of the lot or
facility. Two or more animal feeding operations under common ownership are considered
to be a single feeding operation if they adjoin each other, if they use a common area, or if
they use a common system for the disposal of wastes.
2. "Animal unit" means a unit of measurement for any animal feeding operation calculated
by adding the following numbers; the number of slaughter and feeder cattle multiplied by
1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine
weighing of 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1,
plus the number of horses multiplied by 2.0.
3. `Extremely hazardous substances" means those substances which are identified in the
Sec. 302(EHS) column of the "TITLE III LIST OF LISTS — Consolidated List of
Chemicals Subject to Reporting Under SARA Title III," (EPA 560/4-91-011).
D. "Potential contamination source means any facility or site which employs an activity or
procedure which may potentially contaminate ground water. A pollution source is also a
potential contamination source.
E. "Regulatory agency" means any governmental agency with jurisdiction over hazardous waste
as defined herein.
F. "Sanitary landfilP means a disposal site where solid wastes, including putrescible wastes, or
hazardous wastes, are disposed of on land by placing earth cover thereon.
G. "Septic tank/drain-field systems" means a system which is comprised of a septic tank and a
drain -field which accepts domestic wastewater from buildings or facilities for subsurface
treatment and disposal. By their design, septic tank/drain-field system discharges cannot be
controlled with design standards.
H. "Wellhead" means the upper terminal of a well, including adapters, ports, seals, valves, and
other attachments.
I. "Spring" means the location of the water source and all attachments.
13.26.030 Establishment of drinking water source protection zones. There is hereby established
use districts to be know as zones one, two, three, and four of the drinking water source protection area,
identified and described as follows:
A. Zone one is the area within a 100-foot radius from the wellhead or spring.
B. Zone two is the area within a 250-day ground -water time of travel to the wellhead or spring,
the boundary of the aquifer(s) which supplies water to the ground -water source, or the ground-
water divide, whichever is closer.
C. Zone three (waiver criteria zone) is the area within a 3-year ground -water time of travel to the
wellhead or spring or the 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.
D. Zone four is the area within a 15-year ground -water time of travel to the wellhead or spring,
the boundary of the aquifer(s) which supplies water to the ground -water source, or the ground-
water divide, whichever is closer.
13.26.040 Permitted uses. The following uses shall be permitted within drinking water source
protection zones:
A. Any use permitted within existing agricultural, single family residential, multi -family
residential, and commercial zoning districts so long as uses conform to the rules and
regulations of the regulatory agencies.
13.26.050 Prohibited uses. The following uses or conditions shall be and are hereby prohibited
within drinking water sources protection zones, whether or not such use or condition may otherwise be
ordinarily included as a part of a use permitted under Section 13.26.040 of the ordinance.
A. Zone one — The location of any potential contamination source as defined herein, unless it can
be controlled with design standards.
B. Zone two — The location of a pollution source as defined herein, unless its contaminated
discharges can be controlled with design standards.
C. Zones three and four — The location of a potential contamination source unless it can be
controlled through land management strategies.
13.26.060 Administration. The policies and procedures for administration of the source
protection zones established under this ordinance, including without limitation those applicable to
nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the existing
zoning ordinance for the City of Moab, as the same is presently enacted or may from time to time be
amended.
Approved and adopted by action of the Governing Body of the City of Moab in open session this
9`h day of October 2001.
CITY OF MOAB
B1� G' � 2
ayor Karla R. Hancock
Rachel Ellison
City Recorder