[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.]
[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:
Any formation of soil, sand, rock, gravel, limestone, sandstone,
or other material or any crevice from which underground water is or
may be produced.
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.
A device that is designed to contain an unauthorized release,
retain it for cleanup, and prevent released materials from penetrating
into the ground.
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]
The United States Environmental Protection Agency.
A permit meeting the requirements of the National Pollutant
Discharge Elimination System permit application regulations for stormwater
discharges issued by the EPA.
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.
The Maryland Department of the Environment.
Drains which are not connected to municipal sewer or stormwater
systems and which discharge directly to the ground or septic system.
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.
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.
Any substance or mixture of substances intended for:
Official publications of MDE with standards and requirements
for protection of groundwater resources.
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.
An underground storage tank, connected piping, underground
ancillary equipment, and containment system, if any.
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]
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]
[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.
[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.
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.
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.
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
|
