[Adopted 2-2-1998 by Ord. No. 1997-6]
As used in this article, the following terms
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 or hazardous materials so as to minimize
movement into surface or groundwaters 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.
The United States Environmental Protection Agency.
A permit meeting the requirements of the National Pollutant
Discharge Elimination System Permit Application Regulations for Storm
Water Discharges issued by EPA on November 16, 1990.
Any substance that conveys toxic, lethal or other injurious
effects or which causes sublethal alterations to plant, animal or
aquatic life; or may be injurious to human beings. Hazardous materials
include 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.
A plan prepared by a certified nutrient management consultant
to manage the amount, placement, timing and application of animal
waste, fertilizer, sewage sludge and other plant nutrients in order
to prevent pollution and to maintain productivity of the soil.
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 preventing,
destroying, repelling or mitigating any pest; use as a plant regulator,
defoliant or desiccant; or use as a spray adjuvant such as a wetting
agent or adhesive.
Official publications of MDE with standards and requirements
for protection of groundwater resources.
The Town of Mount Airy, a municipal corporation of the State
of Maryland.
A bored, drilled, driven well or dug well where the depth
of the dug well is greater than the largest surface dimension, through
which fluids enter into the subsurface.
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
(average annual) and average annual recharge conditions that can be
anticipated based on historical data. It is bounded and may be influenced
by the groundwater divides which result from pumping the well and
by the contact of the aquifer with less permeable geologic boundaries.
In all cases, the Wellhead Protection District shall extend upgradient
to its point of intersection with prevailing hydrogeologic boundaries
(a groundwater flow divide, a contact with geologic formations or
a recharge boundary) or be limited by time-of-travel.
A pen or other outdoor area used for the feeding and care
of livestock or poultry.
A.
This article applies to all land uses and activities
located or proposed within the area delineated as the Town Wellhead
Protection District on a map available for inspection at the Town
Hall and as defined in the definitions section of this article.[1] The Wellhead Protection District consists of one zone described in § 109-31 below.
B.
This article is supplementary to other laws and regulations.
Where this article or any portion thereof imposes a greater restriction
than is imposed by other regulations, the provisions of this article
shall control.
The Wellhead Protection Area (WHPA) delineated
represents the recharge area for the Town's water supply. The boundaries
of the WHPA are based on groundwater flow direction and groundwater
divides inferred from topography and groundwater discharge areas,
changes in formation type, permitted withdrawal rates, linear features
(fracture traces) and a calculated down-gradient zone of contribution
using the average annual withdrawal rate The boundary of the Wellhead
Protection 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:
A.
The applicant wishing a change in boundary shall petition
the Mayor and Council for a special hearing and be required to present
detailed hydrogeologic and hydrologic information to the Mayor and
Council indicating where in fact the new boundary line should be drawn.
The applicant shall provide the Mayor and Council with copies of all
reports and maps for a technical review in advance of any hearing.
Public notice of the time and place of any such hearing shall be published
in at least one newspaper having a general circulation within the
Town once a week for two successive weeks with the first publication
appearing at least 14 days before the hearing. Such a change in boundary
shall only be accomplished by the passage of an ordinance following
such hearing which shall be accompanied by a map sufficient to detail
the new boundary or boundaries.
The following uses shall be permitted:
A.
Conservation of soil, water, plants and wildlife.
B.
Outdoor recreation, nature study, boating, fishing,
and hunting where otherwise legally permitted.
C.
Foot, bicycle and/or horse paths and bridges.
D.
Normal operation and maintenance of existing water
bodies and dams, splash boards and other water control, supply and
conservation devices.
E.
Maintenance, repair and enlargement of any existing structure, subject to § 109-33, Prohibited uses.
G.
Farming, gardening, nursery, conservation, forestry, harvesting and grazing, subject to § 109-33, Prohibited uses.
H.
Construction, maintenance, repair and enlargement
of drinking-water-supply-related facilities such as, but not limited
to, wells, pipelines, aqueducts and tunnels. Private underground storage
tanks related to these activities are not categorically permitted.
I.
Electric and natural gas distribution systems and
electric substations.
The following uses are prohibited unless allowed as conditional uses under § 109-34.
A.
Bulk storage of hazardous materials, except the following:
B.
Junkyards.
C.
Metal plating establishments.
D.
Open burning sites and dumps.
E.
Quarries and mining operations.
F.
Sanitary landfills and rubble fills.
G.
Uses which involve, as a principal activity, the manufacture,
storage, use, transport or disposal of hazardous materials.
H.
Uses which involve hazardous materials in quantities
greater than those associated with normal household use.
I.
Underground pipelines carrying hazardous materials
other than as permitted by the State of Maryland or in interstate
commerce.
A.
The following may be allowed as conditional uses:
(1)
Dry-cleaning establishments, coin or commercial laundries.
(2)
Garage, service station.
(3)
Heavy manufacturing uses.
(4)
Manure piles, animal waste pits, lagoons and private
sewage sludge storage facilities.
(5)
On-site wastewater disposal.
(6)
Storage of deicing chemicals.
(7)
Disposal of fuels or hazardous materials.
(8)
Bulk storage and mixing of pesticides and fertilizers.
(9)
Underground injection wells.
(10)
Underground storage tanks.
B.
Activities that are defined as conditional uses will not be allowed within the Wellhead Protection District unless the property owner or applicant can show the use will not harm the groundwater and is able to meet the conditions described in §§ 109-34B(2) and 109-38 of this article.
(1)
The landowner or representative shall submit to the
Board of Zoning Appeals an application for a conditional use. The
application shall include:
(a)
A list of all hazardous materials which are
to be stored, handled, used or produced in the activity being proposed.
(b)
A description of the quantities and containers
for the storage, handling, use or production of hazardous materials
by the proposed activity.
(c)
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 drainfields.
(d)
Documentation of approval by MDE of any industrial
waste treatment or disposal system or any wastewater treatment system
of a capacity of over 5,000 gallons per day (gpd).
(e)
Documentation of MDE permit or approval for
any discharge via an underground injection well.
(f)
A description and estimate of the average and
maximum number of poultry livestock animals that will be yarded within
the Wellhead Protection District; evidence that a nutrient management
plan for nitrogen has been completed for all livestock or poultry
wastes to be generated by the activity. This plan must incorporate
adequate waste-holding facilities and show any application sites within
the Wellhead Protection District.
(g)
Plans showing secondary containment, for all
underground and aboveground tanks and lines containing hazardous material.
(h)
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.
(i)
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.
(j)
An 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.
(2)
In order for the area to be approved, it must be shown
that the use:
(a)
Will protect the water supply from contaminants
used on the property which pose an adverse effect on the health or
comfort of persons;
(b)
Will not cause the average groundwater quality
on the property to violate drinking water standards promulgated by
MDE and the EPA; or
(c)
Will maintain recharge of water to the water
supply aquifer consistent with rates prior to development.
(3)
The Board of Zoning Appeals shall deny the conditional
use if it is determined that the conditional use would not meet the
requirements outlined above. Provisions as to fees, advertising and
hearing and decisions on such requests shall be governed by the conditional
use provisions and procedures provided for other conditional uses
in the Town Zoning Ordinance.[1]
Nonconforming uses lawfully in existence within
the Wellhead Protection District may continue to exist in the form
in which they existed at the time this article is adopted. Changes
in title or right to possession shall not affect continuation of an
existing use. In the event that a nonconforming use poses a direct
hazard to the public water supply, the Town may take any action permitted
by law to abate the hazard.
Variances to the provisions of this article
may be granted by the Board of Zoning Appeals following a public hearing,
provided that a strict interpretation of this article deprives such
property of privileges or safety enjoyed by other similarly situated
property within the Wellhead Protection District. Provisions with
respect to fees, advertising, hearings and decisions on such requests
shall be governed by the variance provisions in the Town Zoning Ordinance
relating generally to variances provided for therein.
The following activities are exempt from regulation
under this article:
A.
Transportation of hazardous material. The transportation
of any hazardous material through the Wellhead Protection District
shall be exempt from the provisions of this article.
B.
Application of pesticides. The application of pesticides/herbicides
in recreation, agriculture, pest control, public utility rights-of-way
and aquatic weed control activities shall be exempt from the provisions
of this article provided that:
(1)
The application is in strict conformity with the use
requirement as set forth in the substance's EPA registry. 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.
Underground storage of oil(s). The underground storage
of oil(s) used for heating fuel shall be exempt from the provisions
of this article 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 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.
D.
Aboveground storage of oil(s). The aboveground storage
of oil(s) used for heating fuel shall be exempt from the provisions
of this article, provided that the tank used for storage is located
on an impervious pad or container of sufficient volume to capture
and contain spills and leakage of oil from entering the environment,
sheltered to prevent the intrusion of precipitation and located in
a manner that allows for routine visual inspection. Aboveground storage
of oil shall be located as far away from the public water supply wells
as possible.
All activities that are designated conditional
uses shall meet the following design and operation guidelines:
A.
Containment 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 article shall be applied in a
way to prevent a person from complying with state and federal requirements.
B.
All underground tanks(s) and piping systems shall
meet the requirements of COMAR 26.1O.05.03.C 1-4 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 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
service stations. Waste from service stations' work areas is not permitted
to be discharged to the ground or subsurface.
E.
All sewage sludge and animal waste holding facilities
shall be constructed so as not to allow the waste material to leach
into the groundwater. All inground facilities shall use low-permeability
liners constructed to meet one of the standards specified below:
F.
Agricultural operations with yarding areas shall follow
nutrient management plans for nitrogen. Waste application rates for
all sites within the Wellhead Protection District are to be designed
to not exceed crop requirements and therefore minimize nitrate management
plans.
G.
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 NO3-N concentration of the water recharging the surficial
groundwater aquifer under the property shall not exceed 10 milligrams
per liter.
H.
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.
I.
All facilities with bulk storage of pesticides must
show evidence of compliance with Maryland Department of Agriculture
requirements.
J.
All tanks of liquid fertilizers must hive secondary
containment 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.
K.
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.
L.
All underground pipelines carrying hazardous materials
shall be equipped with operable secondary release detection equipment
and be protected against corrosion.
M.
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 materials storage area.
N.
At all facilities practicing stormwater infiltration,
the following design standards shall apply:
(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.
Use 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.
O.
Reporting of spills. Any spill of a hazardous material
shall be reported by the facility owner by telephone to the Town Hall,
the Mayor or President of the Council within two hours of discovery
of the spill. Clean-up shall commence immediately upon discovery of
the spill. A written report detailing the steps taken to contain and
clean up the spill and preventing a recurrence shall be submitted
to the Town within five working days of the spill.
P.
Monitoring for hazardous materials in groundwater.
If required by the Town, 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. Samples
shall be analyzed by a state-certified laboratory and the results
reported to Town.
Q.
Alterations and expansion. The Town 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
Board of Zoning Appeals is required before any alteration or expansion
of the conditional use can be in. The landowner or representative
shall submit an explanation of the change in activity and the information
as required by this article above. The Board may approve the alteration
or expansion with or without a public hearing, but in either instance
shall file a written statement of its findings of fact and reasons
for its conclusion, which statement shall be kept among the permanent
records of the Town.
A.
Plans review. All subdivision proposals and other
proposed new development plans within the Wellhead Protection District
shall be reviewed by the Town Engineer for compliance with the provisions
of this article. It shall be the responsibility of the Town Engineer
to recommend approval, disapproval or approval with modifications
of the proposed subdivision or development plan.
B.
Violation notices. Whenever it is determined that
there is a violation of this article, a notice of violation shall
be issued. The notice of violation shall:
C.
Cease-and-desist order. The Mayor and the head of
the Department of Water and Sewer are each authorized to issue cease-and-desist
orders whenever they become aware of violations of this article.
D.
Penalties. All costs incurred by the Town, including
engineering and attorney's fees for enforcing this article, shall
be paid by the owner who violated the provisions of this article.
Violation of any cease-and-desist order or of any provision of this
article shall constitute a misdemeanor subject to a fine of not more
than $1,000.
E.
Fees. Fees for review of subdivision and development
plans may be set by the Town Council by resolution from time to time.
Such fees may include provisions intended to cover the reasonably
estimated costs of administrative and professional staff reviews and
costs of any required outside consultants.
