It is here declared that the public health and safety requires the cessation of well construction and well pumping activity within an area here defined as the "Stamina Mill Remediation District." The scope of this district has been delineated by the United States Environmental Protection Agency as that area, due to groundwater patterns and proximity to the Stamina Mill Superfund site on School Street in Forestdale, North Smithfield, whose well pumping activities have the potential capacity to draw contaminants from the groundwater affected by the site. Furthermore, each lot in the delineated area has, for many years, been connected to a primary public water supply.
[HISTORY: Adopted by the Town Council of the Town of North Smithfield 5-15-2006 (Ch. 8, Art. V, of the 1994 Code). Amendments noted where applicable.]
No person shall install, construct or connect a groundwater well in any location within the Stamina Mill Groundwater Remediation District as defined on the attached maps and attached schedule of included lots.[1]
[1]
Editor's Note: Said maps and schedule of included lots are on file in the Town offices.
No person shall use, pump from or in any way operate a groundwater well in any location within the Stamina Mill Groundwater Remediation District as defined on the attached map and attached schedule of included lots.
The Building/Zoning Official is authorized to enforce the provisions of this chapter and to institute such proceedings, including proceedings to enjoin the above prohibited activities within the Stamina Mills Groundwater Remediation District, as necessary to effectuate the requirements of this chapter.
Any person, firm, corporation or other entity who knowingly violates § 319-2 or 319-3 hereof shall be subject to a fine of not less than $250, nor more than $500. Each and every violation of this chapter, and each and every day the violation continues or is repeated, shall constitute a separate offense. All such fines shall inure to the benefit of the Town.
The Building/Zoning Official shall give copies of any violations issued pursuant to § 319-4 or 319-5 above to a) the Project Manager of the Stamina Mill Superfund Site, Office of Waste Management, Rhode Island Department of Environmental Management (RIDEM), 235 Promenade St., Providence, RI 02908, and b) the Remedial Project Manager for the Stamina Mills Superfund Site, US Environmental Protection Agency (EPA), 1 Congress St., Suite 1100, Boston, MA 02114-2023, and shall provide written notice to the above of the repeal or modification of this chapter or of any judicial decision that repeals or modifies this chapter. The Building/Zoning Official shall also provide to RIDEM and EPA an annual report on September 1 of the number and nature of violations in the prior year ending June 30. The Building/Zoning Official may consult with and coordinate with RIDEM and EPA concerning the management of this chapter.
This section shall not apply to any investigative monitoring well installed by or at the request or order of any federal, state, or local governmental authority.
The Town Administrator shall request from the EPA, following the next EPA five-year review, and no later the January 1, 2011, substantiation of the continued necessity of this chapter.