City of Aberdeen, MD
Harford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Aberdeen 8-9-2004 by Ord. No. 656-04 (Ch. 140 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Development Code — See Ch. 235.
Environmental control — See Ch. 250.
Floodplain management — See Ch. 275.
Grading and sediment control — See Ch. 297.
Sewers and water — See Ch. 450.
Stormwater management — See Ch. 465.
Subdivision of land — See Ch. 475.
[Amended 8-20-2018 by Ord. No. 18-O-22]
This chapter shall be known and cited as the “Aberdeen Wellhead Protection Ordinance.” The Wellhead Protection Ordinance shall incorporate by reference the Official Zone 1, Zone 2, and Zone 3 Wellhead Protection Areas Map, Wellhead Protection Plan, and any future amendments thereto.
A. 
The purpose of this chapter is to protect the public health, safety, and welfare through the preservation of the groundwater resources of community public water supplies to ensure a future supply of safe and healthful drinking water. The designation of the wellhead protection districts, and careful regulation of activities within these districts, can reduce the potential for groundwater contamination.
B. 
The groundwater underlying the community water supply wellhead protection areas is a major source for the City of Aberdeen’s and Harford County’s existing and future water supply.
[Amended 8-20-2018 by Ord. No. 18-O-22]
C. 
A safe and adequate source of drinking water is of great benefit to the health and well-being of the City of Aberdeen.
D. 
The aquifer systems supplying the community water supply wellhead protection areas, with its groundwater supply, is integrally connected with numerous surface waters and streams.
[Added 8-20-2018 by Ord. No. 18-O-22]
E. 
Accidental spills and discharges of toxic and hazardous materials can threaten the quality of such water supplies, posing public health and safety hazards.
[Amended 8-20-2018 by Ord. No. 18-O-22]
F. 
Unless preventive measures are adopted to control the discharge and storage of toxic and hazardous materials within the community water supply wellhead protection areas, further spills and discharges of such materials will predictably occur, and with greater frequency and degree of hazard by reason of increasing land development, population, and vehicular traffic within the wellhead protection areas.
[Amended 8-20-2018 by Ord. No. 18-O-22]
This chapter is established in accordance with the provisions of the City Charter.
A. 
Enabling statute.
[Amended 8-20-2018 by Ord. No. 18-O-22]
(1) 
The City of Aberdeen has duly adopted within the Comprehensive Plan, after public notice and hearing, a sensitive areas element in accordance with the Local Government and Land Use Articles of the Annotated Code of Maryland;
(2) 
The Land Use Article requires protection of streams and their buffers, one-hundred-year floodplains, habitats of threatened and endangered species (habitat), steep slopes, and hydrology, geology, forests, hydrogeology, and historic sites;
(3) 
The Land Use article authorizes protection of additional types of sensitive areas;
(4) 
The Mayor and City Council have determined through the Sensitive Areas Element of the Comprehensive Plan, that in addition to streams and their buffers, one-hundred-year floodplains, habitats of threatened and endangered species, and steep slopes, wellhead protection areas are in need of special protection;
(5) 
The Local Government and Land Use Articles of the Annotated Code of Maryland empower the City of Aberdeen with the authority to regulate and restrict land use for the purpose of promoting the health, safety and general welfare of the community;
(6) 
Section 1428 of the Federal Safe Drinking Water Act Amendments of 1986 requires that each state develop a wellhead protection program to protect public water supplies from contamination; and
(7) 
The Maryland Department of the Environment (MDE) has developed a wellhead protection program, approved by EPA, which identifies that local governments have responsibility for developing programs, including regulations and management controls, to protect public water supplies from contamination.
B. 
Amendments. This chapter or any part thereof may be amended from time to time in accordance with the procedures as established by law.
As used in this chapter, the following words and phrases shall have the meanings indicated:
AQUIFER
Any formation of soil, sand, rock, gravel, limestone, sandstone, or other material or any crevice from which underground water is or may be produced.
BEST MANAGEMENT PRACTICES (BMPS)
A conservation or pollution control practice that manages wastes, agricultural chemicals, hazardous material or petroleum products as to minimize movement into surface or ground waters of the state.
CONTAINMENT DEVICE
A device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.
DEVELOPMENT CODE
Chapter 235 of the Code of the City of Aberdeen, Maryland, as adopted by the Mayor and Council by Ordinance No. 711-06, dated September 18, 2006, as amended.
[Amended 8-23-2010 by Ord. No. 10-O-12]
EPA
The United States Environmental Protection Agency.
EPA STORMWATER NPDES PERMIT
A permit meeting the requirements of the National Pollutant Discharge Elimination System permit application regulations for stormwater discharges issued by the EPA.
HAZARDOUS MATERIALS
Any substance that conveys toxic, lethal, or other injurious effects or which causes alterations to plant, animal, or aquatic life or may be injurious to human beings. "Hazardous materials" includes any matter identified as a hazardous waste by the Environmental Protection Agency or a controlled hazardous substance by the Maryland Department of the Environment.
MDE
The Maryland Department of the Environment.
ON-SITE FLOOR DRAINS
Drains which are not connected to municipal sewer or stormwater systems and which discharge directly to the ground or septic system.
OWNER
A property owner or his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and any other person having vested or contingent interest in the property in question.
PERSON
Any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant or any other entity whatsoever or any combination of such, jointly or severally.
PESTICIDE
Any substance or mixture of substances intended for:
A. 
Preventing, destroying, repelling, or mitigating any pest;
B. 
Use as a plant regulator, defoliant or desiccant; or
C. 
Use as a spray adjuvant such as a wetting agent or adhesive.
RULES AND REGULATIONS OF MDE
Official publications of MDE with standards and requirements for protection of groundwater resources.
UNDERGROUND INJECTION WELL
A bored, drilled, driven or dug well whose depth is greater than the largest surface dimension, through which fluids enter the subsurface, or an improved sinkhole, or a subsurface fluid distribution system.
UNDERGROUND STORAGE TANK
An underground storage tank, connected piping, underground ancillary equipment, and containment system, if any.
WELLHEAD PROTECTION DISTRICT
That land area overlying the aquifer which contributes water to a public water supply well under the permitted withdrawal rate. A groundwater model described in the 2004 Aberdeen Wellhead Protection Plan, reviewed and approved by MDE, delineates the Wellhead Protection District. It includes three zones of protection. Zone 1 is based on a one-year time of travel, fixed radius or other assessment of an area most closely connected to the water supply. Zone 2 is based on a ten-year time of travel or by hydrogeological boundaries. The boundary of Zone 3 encompasses the remaining land area of the wellhead protection district located within the City of Aberdeen.
[Amended 8-20-2018 by Ord. No. 18-O-22]
WELLHEAD PROTECTION PLANNING TEAM
This consists of the Director of Planning and Community Development, the Director of Public Works, and/or their designees.
[Added 8-20-2018 by Ord. No. 18-O-22]
A. 
This chapter applies to all land uses and activities located or proposed within the area delineated as the Wellhead Protection District in the City of Aberdeen on a map available for inspection at the office of the Department of Planning and Community Development and as defined in § 524-4 of this chapter. The Wellhead Protection District consists of Zone 1, Zone 2 and Zone 3 described in §524-6 below.
[Amended 8-20-2018 by Ord. No. 18-O-22]
B. 
This chapter is supplementary to other laws and regulations. Where this chapter or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this chapter shall control.
C. 
The uses specified in this chapter do not limit the City of Aberdeen from providing for other uses or regulating such uses as covered by its Zoning Chapter.[1] The uses identified and regulated in this chapter are uses that may pose a threat to Aberdeen’s groundwater. This chapter shall be deemed supplementary to the Zoning Chapter.
[Amended 8-20-2018 by Ord. No. 18-O-22]
[1]
Editor's Note: See Ch. 235, Development Code.
[Amended 8-20-2018 by Ord. No. 18-O-22]
A. 
The Wellhead Protection District includes differing zones of protection as recommended by MDE. Within the City of Aberdeen, the Wellhead Protection District includes 1, 2, and 3 Zones of protection. Each zone is further described below:
(1) 
Zone 1 represents the area bounded by a groundwater travel time of one year to the Aberdeen supply wells. MDE has indicated its approval of this area as being consistent with the requirements of Section 1428 of the Safe Drinking Water Act by letter dated May 11, 2004.
(2) 
Zone 2 represents the area bounded by a groundwater travel time of 10 years to the Aberdeen supply wells. MDE has indicated its approval of this area as being consistent with the requirements of Section 1428 of the Safe Drinking Water Act by letter dated May 11, 2004.
(3) 
Zone 3 represents the remaining land area of the Wellhead Protection District located within the City of Aberdeen. MDE has indicated its approval of this area as being consistent with the requirements of Section 1428 of the Safe Drinking Water Act by letter dated May 9, 2018.
B. 
The maps delineating the Wellhead Protection District and Zones 1, 2 and 3, entitled the “Wellhead Protection Map – Zones 1, 2, and 3 dated January 10, 2018,” are incorporated herein and made part of this chapter. The maps shall be on file and maintained by the Departments of Planning and Community Development and Public Works. Accurate copies of these maps shall be made available for review by the public.
C. 
In determining how properties within the Wellhead Protection District depicted on the Wellhead Protection Map– Zones 1, 2, and 3, dated January 10, 2018, are affected by the requirements of this chapter the following rules shall apply:
(1) 
Properties located wholly within one zone as reflected on Wellhead Protection Map – Zones 1, 2, and 3, dated January 10, 2018, shall be governed by the restrictions applicable to that zone.
(2) 
Properties having parts lying within more than one zone as reflected on the Wellhead Protection Map – Zones 1, 2, and 3, dated January 10, 2018, shall be governed by the restrictions applicable in each zone.
D. 
The boundary of the Wellhead Protection District or individual zones within the District may be modified should additional information or analysis be provided that shows that the current boundary lines no longer appropriately reflect the criterion which they purport to represent. Procedures for modification of such boundaries shall be as follows
(1) 
An applicant who requests a change in boundary shall submit an application and the justification for the change to the Director of Planning and Community Development. The applicant shall petition the Director of Planning and Community Development for a map amendment and be required to present detailed hydrologic and hydrologic information to the Board of Appeals indicating where the new boundary line should be drawn. The applicant shall provide six copies of all reports and maps to the Director of Planning and Community Development for a technical review of geologic and hydrologic, and any other relevant information. Maps shall be submitted on the same scale or more detailed as the official Wellhead Protection District Maps.
(2) 
The Director of Planning and Community Development shall seek competent technical advice of such a change request. The City of Aberdeen’s Wellhead Protection Planning Team shall be given a copy of the information given to the Board of Appeals and be granted adequate time to comment on the proposed change.
(3) 
The burden of proof shall be on the applicant to demonstrate to the Board of Appeals that the current boundaries do not represent the criterion which they purport to represent.
(4) 
If, after receiving written advice from the City of Aberdeen’s Wellhead Protection Planning Team and/or other technical advisors, the Board of Appeals believes that the proposed change may have merit, all property owners that may be materially affected by the changes shall be sent notices indicating the proposed change and an opportunity to comment. An opportunity for public comment of 60 days after notices are sent shall be provided.
(5) 
After close of the public comment period, the Board of Appeals shall make its decision.
(6) 
Any maps so revised shall be incorporated and made part of this chapter and kept on file and available to the public for review by the Department of Planning and Community Development
[Amended 8-20-2018 by Ord. No. 18-O-22]
Permitted uses in the Wellhead Protection Zones are those activities listed as allowable on the following table:
Key to Table:
P — Prohibited Use
C — Conditional Use
A — Allowable Use
Use
Zone 1
Zone 2
Zone 3
Airports and airfields
P
C
C
Apparel and textile manufacturing
P
P
C
Automobile car wash
C
C
A
Automobile, motorcycle and go-cart racing tracks
P
C
A
Automobile repair shops
C
C
A
Asphalt and concrete batching plants
P
P
C
Biological products manufacturing
P
P
C
Boat repair shop
C
C
A
Bulk storage of hazardous materials
P
C
C
Car dealerships with service departments
C
C
A
Chemical landfills
P
P
P
Communications equipment manufacturers
C
C
A
Country clubs and golf courses
C
A
A
Dry cleaners
P
C
A
Dry goods manufacturing
C
A
A
Electric and electronic component manufacturers
C
A
A
Food processing facilities
C
A
A
Funeral services and crematories
C
C
A
Furniture manufacture, repair and finishing shops
C
C
A
Gasoline and diesel dispensing stations
P
C
C
Home manufacturing
C
A
A
Horticultural practices, gardens, nurseries and florists
C
C
A
Instruments and related products manufacturing
P
C
A
Laundromats
A
A
A
Leather and leather products manufacturing
P
C
C
Lumber and wood products manufacturing
P
P
P
Machine and metal working shops
C
C
A
Medical institutions
C
A
A
Medicinal, chemicals and botanicals manufacturing
P
C
C
Metal plating shops
P
C
C
Military installations
C
C
A
Motor vehicle painting and body work
C
C
A
Municipal waste landfills
P
P
P
Municipal incinerators
P
C
A
Open dumping and burning sites
P
P
P
Paper and allied products manufacturing
P
P
P
Petroleum production and storage companies
P
P
C
Pharmaceutical preparation manufacturing
P
C
A
Public utilities
C
A
A
Railroad yards
C
C
A
Research laboratories
C
C
A
Sand and gravel pit excavations
P
P
P
Scrap materials, salvage yards, junkyards and automobile graveyards
P
P
P
Small engine repair shops
C
C
A
Stone, clay and glass manufacturing
P
C
A
Storage, treatment and disposal ponds, lagoons and other surface impoundments (does not include storm water management ponds)
P
P
C
Synthetic and plastic productions
P
P
C
Transportation equipment manufacturing
P
C
C
Transport station
C
C
A
Transfer station
C
C
A
Welders
C
C
A
[Amended 8-20-2018 by Ord. No. 18-O-22]
Prohibited uses in the Wellhead Protection Zones are those activities listed as prohibited on the table in § 524-7.
[Amended 8-20-2018 by Ord. No. 18-O-22]
Conditional uses in the Wellhead Protection Zones are those activities listed as conditional on the table in § 524-7.
[Amended 8-20-2018 by Ord. No. 18-O-22]
Activities that are defined as conditional uses will not be allowed within the Wellhead Protection District unless the property owner, after submitting an application, demonstrates that the use will not harm the groundwater and is able to meet the conditions described in this chapter.
A. 
A property owner or representative shall submit to the Director of Planning and Community Development an application for a conditional use. The application shall include
(1) 
A list of all hazardous materials which are to be stored, handled, used, or produced in the activity being proposed.
(2) 
A description of the quantities and containers for the storage, handling, use or production of hazardous materials by the proposed activity.
(3) 
A site plan illustrating the location of all operations involving hazardous materials, spill containment structures and showing all points of potential discharge to groundwater including dry wells, infiltration ponds, septic tanks, and drain fields.
(4) 
Documentation of approval by MDE of any industrial waste treatment or disposal system or any wastewater treatment system over 5,000 gallons per day (gpd) capacity.
(5) 
Documentation of MDE permit or approval for any discharge via an underground injection well.
(6) 
Plans showing secondary containment for all underground and aboveground tank and lines containing hazardous material.
(7) 
A description of the best management practices which will be followed during the construction of the facility to ensure that hazardous materials are not released to the groundwater.
(8) 
An emergency plan indicating the procedures which will be followed in the event of a spill of a hazardous material to control and collect the spilled material to prevent the substance from reaching the groundwater.
(9) 
A hydrologic assessment for properties with greater than 50% planned impervious surfaces (building footprints, sidewalks, and transportation surfaces) to determine the groundwater recharge rate after site development is completed. The assessment will also estimate the groundwater recharge rate prior to development.
(10) 
Copies of all federal, state, and/or local permits, certificates, licenses, or other such enabling documentation required for the storage/use of the hazardous material.
B. 
The Director of Planning and Community Development shall obtain advice from all appropriate local agencies, including the City of Aberdeen’s Wellhead Protection Planning Team, to assess whether the Wellhead Protection Area will be protected from contaminants which pose an adverse effect on the health or comfort of persons. In making their determination, the City of Aberdeen’s Wellhead Protection Planning Team and other agencies shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to drinking water quality which would result if the control measures failed. The Director of Planning and Community Development shall then issue a written decision.
(1) 
In order for the area to be approved, it must be shown that the use will:
(a) 
Protect the water supply from contaminants used on the property which pose an adverse effect on the health or comfort of persons;
(b) 
Not cause the average groundwater quality on the property to violate drinking water standards promulgated by MDE and the EPA; and
(c) 
Maintain recharge of water to the water supply aquifer consistent with rates prior to development.
(2) 
A request may not be approved until the applicant, to the satisfaction of the Department of Planning and Community Development, has addressed all comments provided by local and state agencies.
C. 
The Director of Planning and Community Development may deny the conditional use if is determined that the conditional use would not meet the requirements outlined in § 524-10B above. The Director of Planning and Community Development’s decision shall be made in writing to the applicant.
[Amended 8-20-2018 by Ord. No. 18-O-22]
A. 
A. Nonconforming uses lawfully in existence within the Wellhead Protection District may continue to exist in the form in which they existed at the time of adoption of this chapter. Changes in title or right to possession shall not effect continuation of an existing use.
B. 
In the event that a nonconforming use poses a direct hazard to the public water supply, the Director of Planning and Community Development may take any action permitted by law to abate the hazard.
[Amended 8-20-2018 by Ord. No. 18-O-22]
Due to the public health, safety, and welfare of our citizens and the nature of our public water supply, variances to the provisions of this chapter will not be considered or granted.
The following activities are exempt from regulation under this chapter:
A. 
Transportation of hazardous material. The appropriately permitted transportation of any hazardous material through the Wellhead Protection District shall be exempt from the provisions of this chapter.
[Amended 8-20-2018 by Ord. No. 18-O-22]
B. 
Application of pesticides. The application of pesticides in recreation, agriculture, pest control, and aquatic weed control activities shall be exempt from the provisions of this chapter, provided that:
(1) 
The application is in strict conformity with the use requirement as set forth in the substance's EPA registries. A pesticide can only be used according to its labeling and according to pertinent federal and state laws.
(2) 
The application of pesticides shall be noted in the records of an applicator certified by the Maryland Department of Agriculture. Records shall be kept of the date and amount of these substances applied at each location and said records shall be available for inspection.
C. 
Aboveground storage of oil(s).
(1) 
The aboveground storage of oil(s) used for heating fuel shall be exempt from the provisions of this chapter, provided that the tank used for storage is:
(a) 
Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage of oil entering the environment;
(b) 
Sheltered to prevent the intrusion of precipitation; and
(c) 
Located in a manner that allows for routine visual inspection.
(2) 
Aboveground storage of oil shall be located as far away from the public water supply wells as possible.
D. 
Underground storage of oil(s). The underground storage of oil(s) used for heating fuel shall be exempt from the provisions of this chapter if the tank used for storage is located within an enclosed structure (i.e., secondary containment or any currently approvable containment technology) sufficient to contain leakage of oil from the environment and to provide routine access for visual inspection (e.g., cement-floored basement), and sheltered to prevent the intrusion of precipitation. Any tank used for the underground storage of oil that is out of service for more than one year shall be removed. Liquid residue shall be removed and all connecting piping securely capped or plugged.
[Added 8-20-2018 by Ord. No. 18-O-22]
All activities that are designated conditional uses shall meet the following design and operation guidelines:
A. 
Containments of hazardous materials. Leak-proof trays under containers, floor curbing, or other containment systems to provide secondary liquid containment shall be installed. The containment shall be of adequate size 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 contain any hazardous material at the location and prevent escape to the environment. These requirements shall apply to all areas of use, production and handling to all storage areas, to loading and off-loading areas, and to aboveground and underground storage areas. Because state and federal governments already regulate hazardous materials, nothing in this chapter shall be applied in a way to prevent a person from complying with state and federal requirements.
[Amended 8-20-2018 by Ord. No. 18-O-22]
B. 
All underground tank(s) and piping systems shall meet the requirements of COMAR 26.10.05.03.C(1) to (4) for secondary containment, double wall tanks, liners, vaults and underground piping.
C. 
Dry-cleaning establishments shall not discharge to the ground or subsurface any wastewater that was in contact with the organic solvents used in the dry-cleaning process. As specified in Subsection A above, secondary containment is required for areas when dry-cleaning solvent is stored, used and transferred.
D. 
Infiltration of stormwater runoff that has come in contact with the pavement surfaces shall not be permitted at gasoline stations. Waste from gasoline stations’ work areas is not permitted to be discharged to the ground or subsurface.
[Amended 8-20-2018 by Ord. No. 18-O-22]
E. 
All deicing chemicals (salt piles and sand/salt mixes) must be stored under roof and protected from precipitation by a permanent cover. Runoff from mixing and loading areas may not be discharged to the subsurface.
F. 
All facilities with bulk storage of pesticides must show evidence of compliance with Maryland Department of Agriculture requirements.
[Amended 8-20-2018 by Ord. No. 18-O-22]
G. 
All tanks of liquid fertilizers must have secondary of at least 110% of the largest tank within the contained area. All dry fertilizer storage must be under a permanent cover and protected from rainfall.
[Amended 8-20-2018 by Ord. No. 18-O-22]
H. 
All facilities with underground injection wells must show evidence of compliance with all applicable MDE permits, consent orders, or other state actions, regarding the underground disposal of wastes.
[Amended 8-20-2018 by Ord. No. 18-O-22]
I. 
All underground pipelines carrying hazardous materials shall be equipped with operable secondary release detection equipment and be protected against corrosion.
J. 
All excess hazardous materials from the construction of any facility shall not be released to the environment and shall be removed from the property, unless such materials are incorporated into a contained hazardous material storage area.
[Amended 8-20-2018 by Ord. No. 18-O-22]
K. 
Reporting of spills. Any spill of a hazardous material shall be reported by the facility owner by telephone to the City of Aberdeen’s Department of Public Works within two hours of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A written report detailing the steps taken to contain and clean up the spill and prevent a reoccurrence shall be submitted to the City of Aberdeen’s Department of Public Works within five working days of the spill.
[Amended 8-20-2018 by Ord. No. 18-O-22]
L. 
Groundwater monitoring. If required by City of Aberdeen’s Wellhead Protection Planning Team, a groundwater monitoring well(s) shall be installed at the expense of the facility owner or operator in accordance with an approved groundwater monitoring plan. The permittee shall be responsible for developing an approved groundwater monitoring system. A state-certified laboratory shall analyze samples and the results reported to the City of Aberdeen’s Director of the Department of Public Works.
[Amended 8-20-2018 by Ord. No. 18-O-22]
M. 
Alterations and expansion. The Director of Planning and Community Development shall be notified in writing prior to the expansion, alteration, or modification of any activity that is subject to a conditional use. Approval by the Director of Planning and Community Development is required before the activity subject to a conditional use can begin. The landowner or representative shall submit an explanation of the change in activity and the information as required by this chapter above.
[Amended 8-20-2018 by Ord. No. 18-O-22]
N. 
Large wastewater disposal facilities. All facilities with wastewater disposal greater than 5,000 gpd shall have a state discharge permit. All developments with on-site disposal shall be designed so that the average concentration of the water recharging the surficial groundwater aquifer under the NO3-N property shall not exceed 10 milligrams per liter.
[Amended 8-20-2018 by Ord. No. 18-O-22]
O. 
Stormwater infiltration design. At all facilities practicing stormwater infiltration, the following design standards shall apply:
[Added 8-20-2018 by Ord. No. 18-O-22]
(1) 
Stormwater management facilities including drainage swales, detention ponds, and retention ponds shall be designed in a manner to provide optimal protection of the groundwater resources. Uses of grass swales, open shoulder roads and grass filter strips shall be considered as first options in plan development.
(2) 
At least four feet of soil material is required between the top of bedrock surface or high water table (whichever is higher) and the bottom of any stormwater infiltration pond or system.
(3) 
Stormwater infiltration shall be prohibited in areas receiving runoff from handling and mixing areas of hazardous materials.
(4) 
At least 80% of the predevelopment recharge rate shall be preserved following development. The design shall be made to ensure that this rate can be maintained over the life of the facility.
[Amended 8-20-2018 by Ord. No. 18-O-22]
The Department of Planning and Community Development shall review all subdivision proposals and other proposed new development plans within the Wellhead Protection District for compliance with the provisions of this chapter. It shall be the responsibility of the Director of Planning and Community Development to recommend approval, disapproval or approval with modifications of the proposed subdivision or development plan to the Aberdeen Planning Commission and City Council.
Whenever it is determined that there is a violation of this chapter, a notice of violation shall be issued. The notice of violation shall:
A. 
Specify the violation or violations in writing.
B. 
Specify the length of time available to correct the violation.
C. 
Clearly state any penalties associated with the subject violation.
D. 
Provide a description of any rights of appeal.
A. 
The Director of the Department of Planning and Community Development and the Director of the Department of Public Works shall have authority to issue stop-work orders as necessary to enforce the provisions of this chapter. In addition to the criminal remedies set forth in this chapter, the Director of the Department of Planning and Community Development and the Director of the Department of Public Works shall have authority to institute civil remedies necessary to abate any violation and to take such action and seek other remedies to prevent, restrain, correct or abate such uses as is necessary to protect the City's water supply system.
B. 
The Departments of Planning and Community Development and Public Works are authorized to issue cease and desist orders whenever they become aware of violations of this chapter.
A. 
All costs incurred by the City, including engineering and attorneys' fees for enforcing this chapter, shall be paid by the owner who violated the provisions of this chapter.
B. 
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than six months, or both, for each violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Fees established shall be reviewed annually and adjusted as required. The fees shall include reasonable costs involved with the implementation of this chapter and may include administrative and professional staff review costs.
This section was added to identify potential sources of contamination which could affect the City's groundwater supply source. The list below outlines some potential sources of groundwater contamination.
A. 
Residential sources:
Apartments and condominiums (i.e., swimming pool chemicals, pesticides for lawn and garden maintenance, pest control, and household hazardous wastes)
Common household products
Housing developments
Lawns and gardens
On-site floor drains
Septic systems and sewer lines
Swimming pools
Underground storage tanks
B. 
Municipal sources:
Artificial groundwater recharge (i.e., stormwater runoff, excess irrigation water, stream flow, treated effluent or other substances that may contain contaminants)
Combined sewer overflows
Highways, road maintenance depots and deicing operations
Land areas applied with wastewater or other waste by-products
Municipal incinerators
Municipal sewage treatment plants and sewer lines
Municipal sewers and stormwater drains
Municipal waste landfills
On-site floor drains
Open dumping and burning sites
Parks lands (i.e., fertilizers, herbicides and insecticides)
Public buildings (e.g., fire stations, schools, city halls, police stations and civic organizations)
Recycling/education facilities
Storage, treatment, and disposal ponds, lagoons and other surface impoundments
Stormwater drains and basins
Sumps and dry wells
Water supply wells, test wells, and monitoring wells
C. 
Commercial sources:
Aboveground and underground storage tanks
Airports and airfields
Auto repair shops/boat
Barber and beauty shops
Bowling alleys
Campgrounds and RV parks
Car dealerships with service departments
Carpet stores
Car washes
Cemeteries
Construction trade areas and materials (plumbing, heating and air conditioning, painting, paper hanging, decorating, drywall and plastering, acoustical insulation, carpentry, flooring, roofing and sheet metal, wrecking and demolition)
County clubs and golf courses
Dry cleaners (solvents, spotting chemicals, hydrochloric acid, rust removers and amyl acetate)
Funeral services and crematories (formaldehyde, wetting agents, fumigants and solvents)
Furniture repair and finishing shops (paints, solvents and degreasing and solvent recovery sludges)
Gasoline service stations
Hardware/lumber/parts stores
Heating oil companies, underground storage tanks
Horticultural practices, gardens, nurseries and florists
Jewelry/metal plating shops
Laundromats
Medical institutions
Office buildings (building wastes, lawn and garden maintenance chemicals, gasoline and motor oil)
On-site floor drains
Paint stores
Pharmacies
Photography shops and photo processing labs
Print shops
Railroad tracks and yards
Research laboratories
Retail operations
Scrap yards and junkyards
Small engine repair shops
Sports and hobby shops
Transportation services for passengers transit
Veterinary services
D. 
Industrial sources:
Asphalt and concrete batching plants
Chemical landfills
Communications equipment manufacturers
Dry goods manufacturing
Electric and electronic equipment
Food processing
Furniture manufacturers
Machine and metalworking shops
Material stockpiles
Metal fabricators
On-site floor drains
Petroleum production and storage companies
Photo processing labs
Public utilities (phone, electric power and gas)
Publishers, printers and allied industries
Transport and transfer stations (trucking terminals, railroad tracks and yards)
Welders