[Ord. No. 2010.3, 3-8-2010]
As the residents of the City of Russellville depend exclusively
on groundwater for a safe drinking water supply, it is recognized
that certain land use practices and activities can seriously threaten
or degrade groundwater quality. The intent of this Article is to protect
the City's municipal water supply, its well(s) and well fields. The
regulations and prohibitions specified by this Article shall apply
to all lands within the City of Russellville that lie within 100 feet
minimum (the Protection Zone) of a municipal well within the City.
[Ord. No. 2010.3, 3-8-2010]
When used in this Article, the following words and phrases shall
have the meanings set forth in this Section:
Any material or waste which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible incapacitation or illness;
or
Pose a substantial present or future potential hazard to human
health or to the environment when improperly used, treated, stored,
transported, disposed of or otherwise managed.
That property within the City of Russellville lying within
a one-hundred-foot radius of the any municipal water well.
A disposal site where solid wastes, or hazardous wastes,
including putrescible wastes, or hazardous wastes, is disposed of
on land by placing earth cover thereon.
[Ord. No. 2010.3, 3-8-2010]
A.
The required horizontal separation distances between a municipal
well and the following land uses and facilities are as follows:
1.
Fifty (50) feet between a well and a storm sewer main.
2.
Three hundred (300) feet between a well and any sanitary sewer
main or lift station. A lesser separation distance may be allowed
for sanitary sewer mains where the sanitary sewer main is constructed
of water main materials and joints and pressure tested in place to
meet current AWWA six hundred (600) specifications and the lesser
separation distance is not in violation of applicable rules, regulations
or guidelines of the Missouri Department of Natural Resources. In
no case may the separation distance between a well and a sanitary
sewer main be less than fifty (50) feet.
3.
Four hundred (400) feet between a well and a septic tank receiving
less than eight thousand (8,000) gallons per day, a cemetery or a
stormwater detention or retention pond.
4.
One thousand (1,000) feet between a well and the outer boundary
of land used for the application of municipal, commercial or industrial
waste; industrial, commercial or municipal wastewater lagoons or storage
structures; and septic tanks or soil absorption units receiving eight
thousand (8,000) gallons of wastewater per day or more.
5.
One hundred (100) feet between a well and any solid waste storage,
transportation, transfer, incineration, air curtain destructor, processing,
one-time disposal or small demolition facility; sanitary landfill;
salt or deicing material storage area; gasoline or fuel oil storage
tanks; bulk fuel storage facilities; and pesticide or fertilizer handling
or storage facilities.
[Ord. No. 2010.3, 3-8-2010]
A.
The following uses are prohibited uses within the Protection Zone:
1.
Animal waste storage facilities;
2.
Asphalt products manufacturing;
3.
Bulk fertilizer and pesticide storage facilities;
4.
Bus or truck terminals;
5.
Dry-cleaning facilities;
6.
Electroplating;
7.
Exterminating shops;
8.
Garage and vehicular towing;
9.
Gas stations;
10.
Hazardous and toxic materials storage and use;
11.
Hazardous and toxic waste facilities;
12.
Junk yards or auto salvage yards;
13.
Sanitary landfills or waste disposal facilities;
14.
Non-municipal spray wastewater facilities;
15.
Non-municipal wastewater treatment facilities;
16.
Paint and coating manufacturing;
17.
Printing shop;
18.
Public and municipal maintenance garages;
19.
Radioactive waste facilities;
20.
Salt storage;
21.
Seepage and/or sludge spreading;
22.
Tire and battery services;
23.
Underground storage tanks;
24.
Vehicle repair establishments, including auto body repair; and
25.
Waste transfer stations.
[Ord. No. 2010.3, 3-8-2010]
A.
In the event any person causes the spill or release of any contaminants
which endanger the Protected Zone, such person shall:
1.
Take immediate action to terminate the spill or release and
contain or remediate any damage;
2.
Notify the City Clerk that a spill or release of contaminants
has occurred, further notifying the City Clerk of the properties of
the contaminant and the actions taken to terminate the spill or release;
and
3.
Clean up the spill or release of contaminants to the satisfaction
of the City. The costs of remediation and cleanup shall be borne by
the person causing the spill or release as provided by law.
[Ord. No. 2010.3, 3-8-2010]
A.
Notice Of Violation. Whenever a determination has been made that
there are reasonable grounds to believe that a violation of any provision
of this Article exists on any land within the Protection Zone, the
City Clerk shall give notice of such alleged violation to the owner
or occupant of said land as follows. Such notice shall:
1.
Be in writing and include a statement of any alleged violations,
what remedial action(s) are to be taken, and any fines or fees associated
with the enforcement of this Article;
2.
Allow a reasonable time for the correction of any violation
or the performance of any required act;
3.
Be served upon the owner or occupant personally, by registered
mail to his or her last known address, or by posting the notice conspicuously
in or about the land, building or structure affected by the action.
B.
Abatement Of Violation. If a person violates this Article or fails
to comply with a notice of violation within the time specified by
the notice, the City may, in addition to any other remedies available
at law or equity, seek an injunction to restrain, correct or abate
such violation or to acquire removal or termination of the unlawful
use of the land, building or structure in violation of the provisions
of this Article or any order or direction made pursuant thereto.
C.
Fines And Penalties. Any person violating this Article, or failing to comply with any order issued pursuant to any Section thereof, shall be guilty of an ordinance violation and upon conviction thereof shall be punished as set out in Section 100.220 of this Code.
D.
Legal Action. The imposition of the fines herein prescribed shall
not limit the City from instituting appropriate action to prevent
unlawful construction or to restrain, correct or abate a violation,
or to prevent illegal use or occupancy of a building, structure or
premises, or to stop an illegal act, conduct, business or use of building
or structure in or about any premises, in violation of this Article.
[Ord. No. 2010.3, 3-8-2010]
An authorized representative of the City shall have the authority
to enter at any reasonable hour any building, structure or premises
in the City to enforce the provisions of this Article. Any person
making such inspection shall furnish to the owner or occupant of the
building or structure to be inspected sufficient identification and
information to enable the owner or occupant to determine that he or
she is a representative of the City and to determine the purpose of
the inspection. Inspections may be prompted on the basis of complaint
or as part of a systematic inspection program.
