CHAPTER 10: DRINKING WATER SOURCE PROTECTION

The ordinance codified in this Chapter shall be known as the "Drinking Water Source Protection Ordinance."

The purpose of this Chapter is to ensure the provision of a safe drinking water supply to the residents of the City of Springville by the establishment of drinking water source protection zones surrounding the wellheads and springs for all wells and springs used by public water systems and by the designation and regulation of property uses and conditions that may be maintained within such zones.

(Adopted by Ordinance No. 6-02)

§ 4-10-102 Definitions.

When used in this Chapter the following words and phrases shall have the meanings given in this Section:

(1)

"City"

means the City of Springville.

(2)

"Design standard"

means a control that is implemented by a potential contamination source to prevent discharges to the groundwater. Spill protection is an example of a design standard.

(3)

"Drinking water source protection (DWSP) zone"

means the surface and subsurface area surrounding a groundwater source of drinking water supplying a public water system through which contaminants are reasonably likely to move toward and reach such groundwater source.

(4)

"Ground source heat pump system"

means a central heating and/or cooling system that pumps heat to or from the ground. It uses the earth as a heat source in the winter or a heat sink in the summer. These systems reduce operational costs of heating and cooling systems by taking advantage of moderate ground temperatures.

(5)

"Groundwater source"

means any well, spring, tunnel, or other underground opening from or through which groundwater flows or is pumped from subsurface water-bearing formations.

(6)

"Management plan"

means a City approved plan to manage existing contaminant sources which conforms with the City's adopted drinking water source protection plans.

(7)

"Pollution source"

means point and/or nonpoint source discharges of contaminants to groundwater or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities." 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, salt piles, pit privies, drain lines, and animal feeding operations with more than ten (10) animal units.

The following definitions clarify the meaning of "pollution source":

(a)

"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 forty-five (45) days or more in any twelve (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 (2) 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.

(b)

"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 over fifty-five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.

(c)

"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).

(8)

"Potential contamination source"

means any facility or site which employs an activity or procedure which may potentially contaminate groundwater. A pollution source is also a potential contamination source.

(9)

"Public water system"

means a system, either publicly or privately owned, providing water for human consumption and other domestic uses, which:

(a)

Has at least fifteen (15) service connections, or

(b)

Serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes collection, treatment, storage and distribution facilities under control of the operator and used primarily in connection with the system.

(10)

"Sanitary landfill"

means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

(11)

"Sanitary sewer line"

means a pipeline that connects a residence or other building with a sanitary sewer.

(12)

"Septic tank/drain field system"

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. Septic tank/drain field systems are not permitted in any of the DWSP zones.

(13)

"Spring"

means the ground surface outlet of a natural underground spring including spring collection and control boxes, valves, piping and other attachments.

(14)

"Storm water infiltration structure"

means a structure (including sumps) that is intended to discharge storm water so that it infiltrates groundwater.

(15)

"Underground storm tanks"

means underground tanks used for the storage of gas, oil, or other hazardous substances.

(16)

"Wellhead"

means the physical structure, facility, or device at the land surface from or through which groundwater flows or is pumped from subsurface, water-bearing formations.

(Adopted by Ordinance No. 6-02; Ord. No. 03-2014 § 1, 02/04/2014)

§ 4-10-103 Establishment of Drinking Water Source Protection Zones.

There are hereby established the following four (4) zones to be known as drinking water source protection zones one, two, three, and four:

(1)

Zone one is the area within a one hundred foot (100') radius from the wellhead or margin of the collection area.

(2)

Zone two is the area within a two hundred fifty (250) day groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

(3)

Zone three is the area within a three (3) year groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

(4)

Zone four is the area within a fifteen (15) year groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

(Adopted by Ordinance No. 6-02)

§ 4-10-104 Identification of Drinking Water Source Protection Zones.

(1)

The City has completed drinking water source protection plans in accordance with State and Federal regulation for each of their drinking water sources. These plans have been approved by the State of Utah Department of Environmental Quality, Division of Drinking Water. The drinking water source protection zones are as contained in the City's DWSP plans.

(2)

Other public water suppliers located adjacent to the City may also develop drinking water source protection zones for their groundwater sources of supply. Such drinking water source protection zones may extend into or within the City boundaries. After such public water suppliers have submitted their DWSP plans to the Utah Division of Drinking Water pursuant to the Division's drinking water source protection regulations, as amended, and the Division provides written notice to the public water system of its approval of the plan, the public water system shall, at its sole cost and expense provide to the City a map, and any additional information required by the City, identifying the four drinking water source protection zones the public water system designates for each of its sources of groundwater for drinking water in the plan approved by the Division. Those portions of the drinking water source protection zones which are located within the City boundaries shall be covered by this Chapter.

(Adopted by Ordinance No. 6-02)

§ 4-10-105 Existing Uses.

In zones one, two, three, and four, each use established before the effective date of this Chapter, and uses incidental and accessory to such use, may be continued in the same manner thereafter; provided, that such use is not determined by any court of competent jurisdiction to be a nuisance under the provisions of Federal, State, and/or local laws or regulations, and/or to be a threat of contamination to the groundwater system.

(Adopted by Ordinance No. 6-02)

§ 4-10-106 New Uses.

(1)

All new uses within the established DWSP zones shall be reviewed by the City's Design Review Committee. Any use which, in the opinion of the City, cannot meet design standards or cannot develop a management plan to adequately protect the groundwater system from contamination shall be prohibited.

(a)

The City restricts ground source heat pump wells drilled in source protection zones one through four.

(i)

Wells are prohibited in zones one and two, and restricted to a maximum thirty feet (30') deep in zones three and four.

(ii)

Wells greater than thirty feet (30') deep are prohibited within DWSP zones one through four.

(2)

The following uses are prohibited within the drinking water source protection zones:

(a)

Zone One. All uses that fall within the definition in this Chapter of "pollution source" or "potential contamination source," including but not limited to the following, are prohibited in zone one:

(i)

Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in fanning applications within strict compliance of the manufacturer's recommendations of use, subject to inspection by local officials).

(ii)

Sanitary landfills.

(iii)

Hazardous waste or material disposal sites.

(iv)

Septic tanks/drain field systems.

(v)

Sanitary sewer lines within one hundred fifty feet (150') of a wellhead or spring collection area.

(vi)

Underground storage tanks.

(vii)

Storm water infiltration structures, including storm water sumps.

(viii)

Any pollution source as defined herein or in Rule 309-113-101, as amended, of the Division of Drinking Water's drinking water source protection regulations.

(ix)

Agriculture industries including but not limited to intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.

(b)

Zone Two. All uses that fall within the definition in this Chapter of "pollution source" or "potential contamination source," including but not limited to the following, are prohibited in zone two:

(i)

(ii)

Sanitary landfills.

(iii)

Hazardous waste or material disposal sites.

(iv)

Septic tanks/drain field systems.

(v)

Sanitary sewer lines within one hundred fifty feet (150') of a wellhead or spring collection area.

(vi)

Underground storage tanks.

(vii)

Storm water infiltration structures, including storm water sumps.

(viii)

Any "pollution source" as defined herein or in Rule 309-113-101, as amended, of the Division of Drinking Water's drinking water source protection regulations.

(ix)

Agriculture industries including but not limited to intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.

(c)

Zone Three. All uses that fall within the definition in this Chapter of "pollution source" or "potential contamination source," including but not limited to the following, are prohibited in zone three:

(i)

(ii)

Sanitary landfills.

(iii)

Hazardous waste or material disposal sites.

(iv)

Septic tanks/drain field systems.

(v)

Use of storm water infiltration structures, including storm water sumps, may be allowed in this zone but will require additional approval from the City as described in subsection (2)(e) of this section.

(vi)

Agriculture industries including but not limited to intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.

(d)

Zone Four. All uses that fall within the definition in this Chapter of "pollution source" or "potential contamination source," including but not limited to the following, are prohibited in zone four:

(i)

(ii)

Sanitary landfills.

(iii)

Hazardous waste or material disposal sites.

(iv)

Septic tanks/drain field systems.

(v)

The use of storm water infiltration structures, including storm water sumps, may be allowed in this zone but will require additional approval from the City as described in subsection (2)(e) of this Section.

(e)

Zone Three and Four Conditional Approval. The risk of contamination is moderate in zones three and four. The use of storm water infiltration structures, including storm water sumps, may be permitted only after review and approval by the City Engineer and applicable public utility providers. Approval is subject to design of and implementation of pretreatment, best management practices, an inspection and maintenance schedule, and compliance with other reasonable conditions as may be established by the applicable public utility providers.

(Adopted by Ordinance No. 6-02; Ord. No. 03-2014 § 1, 02/04/2014; Ord. No. 03-2019 § 1, 02/19/2019)

§ 4-10-107 Drinking Water Source Protection Requirements.

Following the effective date of this Chapter, no building permit or other form of approval from the City to develop or use real property within the City shall be issued until the applicant establishes that its proposed development or use of real property complies with the requirements of this Chapter.

(Adopted by Ordinance No. 6-02, effective date May 30, 2002)

§ 4-10-108 Administration.

The policies and procedures or administration of any drinking water source protection zone established under this Chapter, including without limitation those applicable to nonconforming uses, variances and exceptions, and enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the City of Springville, Utah, as the same is presently enacted or may from time to time be amended; provided, that the existing use does not provide a nuisance or threat of contamination to the groundwater system as described in Section 6(a) above.

(Adopted by Ordinance No. 6-02)