Chapter 16.10
WELLHEAD PROTECTION
Sections:
16.10.020 Storage, handling, use and transportation of hazardous materials – Reporting.
16.10.030 Storage, handling, use and transportation of hazardous materials – Standards.
16.10.040 Storage, handling, use and transportation of hazardous materials – Inspections.
16.10.050 Violations, penalties, and enforcement.
16.10.060 Compliance required.
16.10.070 Building and site permit review and approval.
16.10.010 Definitions – Establishment of wellhead protection areas and wellhead protection program reference manual.
A. Definitions. For purposes of this chapter, the following words have the meaning described:
“City manager” means the city manager or the city manager’s designee.
“City” means the city of Fairview.
“Council” means the Fairview city council.
“Hazardous materials” means those hazardous materials identified in the city’s reference manual.
“Person” means any natural person, association, trust, partnership, company, firm or corporation, or other entity.
“Reference manual” means the wellhead protection program reference manual.
“Wellfield protection areas” means those areas whose boundaries are described in the reference manual.
B. The council shall establish by resolution wellhead protection areas where the storage, handling, use and transportation of hazardous materials that could contaminate groundwater may be regulated. The council shall establish the boundaries of wellhead protection areas based on the information about aquifer dynamics. The city manager shall cause a map of all designated wellhead protection areas to be published and make such maps available to the public.
C. The council, by resolution, shall adopt a reference manual applicable to all wellhead protection areas in the city. (Ord. 8-2021 § 1; Ord. 12-2002 § 2)
16.10.020 Storage, handling, use and transportation of hazardous materials – Reporting.
The city shall require any person or business storing, handling, using or transporting hazardous materials within the wellhead protection areas to report to the city based on the standards and requirements established in this chapter and the reference manual. The reports shall address the following requirements:
A. The types and quantity of hazardous materials stored, handled, used or transported;
B. Storage and containment provisions for hazardous materials;
C. A site plan indicating the location of hazardous materials manufactured, generated, stored, handled, used or transported;
D. The location of drains;
E. Capacities of containment and treatment systems;
F. Utility shut-off;
G. Topographical information; and
H. Such other information as the city may require. (Ord. 12-2002 § 2)
16.10.030 Storage, handling, use and transportation of hazardous materials – Standards.
The city shall set standards in the reference manual for the hazardous materials that may be stored, handled, used or transported within the wellhead protection areas. The standards shall include:
A. The designation of materials as hazardous to water quality;
B. The quantity of hazardous materials that may be stored, handled, used, or transported within the wellhead protection area without reporting such materials to the city;
C. Requirements for the storage, handling, use, transportation and containment of such materials both inside and outside structures;
D. Requirements for equipment and devices to prevent and control spills or releases of such materials beyond containment vessels;
E. The schedule for submitting reports; and
F. Such other matters as the city deems necessary for the purpose of implementing this chapter. (Ord. 12-2002 § 2)
16.10.040 Storage, handling, use and transportation of hazardous materials – Inspections.
A. Within designated wellhead protection areas and on property where hazardous materials are or may be stored, handled, used or transported, the city may conduct inspections to ascertain compliance with the requirements of this chapter and the reference manual, including but not limited to the types, quantities and locations of hazardous materials, primary and secondary containment facilities, and the existence of spill prevention and spill control equipment or devices.
B. Inspections will be used to determine if a person is in compliance with the requirements of this chapter and the reference manual. Inspections may be initiated as the result of a complaint, referral, a routine schedule for inspection, application for a business license, commencement of operations or if the city manager has reason to believe a violation exists. In the event an inspection results in the discovery of a violation, reinspection may occur to ensure compliance.
C. Inspections may involve a review of facilities, equipment, structures, practices, operations, records and plans; interviews with operators; and photo documentation. A person shall allow the city manager at reasonable times and upon presentation of credentials, to:
1. Enter the premises where hazardous materials are being stored, handled, used or transported, or where records may be kept. A person shall make necessary arrangements to allow access to such premises or records without delay;
2. Inspect any facilities, equipment, structures, practices and operations regulated by or required by this chapter and the reference manual; and
3. Have access to and copy any records that must be available on the premises under the provisions of this chapter and the reference manual.
D. The council delegates authority to make inspections for the purpose of enforcing the standards and requirements of this chapter and the reference manual to the city manager and any such person or entity as the city manager or the council may direct. (Ord. 8-2021 § 1; Ord. 12-2002 § 2)
16.10.050 Violations, penalties, and enforcement.
A. Violations – Penalties.
1. It shall be unlawful to store, handle, use or transport hazardous materials in a manner contrary to the requirements of this chapter and the reference manual.
2. The storage, handling, use or transport of hazardous materials in a manner contrary to this chapter or the reference manual is a public nuisance within the scope of FMC 8.10.020(K).
3. Failure to submit a required report or failure to submit a complete report as required by FMC 16.10.020 and the reference manual shall be a violation.
4. Failure to comply with the requirements of FMC 16.10.040 relating to inspections shall be a violation.
5. Failure to develop, obtain approval, or meet the requirements of an approved compliance plan required by this chapter and the reference manual shall be a violation.
6. The penalty for any violation of this chapter shall constitute a fine not to exceed $1,000, with each day of violation constituting a separate offense. The penalties set forth in this section are in addition to and not in lieu of civil remedies.
B. Enforcement.
1. The city manager shall enforce the provisions of this chapter and the reference manual under FMC 8.10.070. The city manager may also enforce the provisions of this chapter by taking any action authorized by law of this city, the state of Oregon, or the United States.
2. Should a hazardous material be released, whether or not as a result of a violation or of a failure to correct a violation, the person and business responsible for such release shall be liable for all costs associated with cleaning up such release and the costs of any other action conducted to ensure that the Columbia South Shore wellfield is protected from contamination.
3. To the maximum extent practicable the city will work cooperatively with a person to achieve voluntary compliance with the requirements of this chapter and the reference manual. (Ord. 8-2021 § 1; Ord. 12-2002 § 2)
16.10.060 Compliance required.
Persons or businesses not already in compliance with the standards and provisions of this chapter and the reference manual when adopted or amended shall bring their operations into compliance within the timeframe established in the reference manual. (Ord. 12-2002 § 2)
16.10.070 Building and site permit review and approval.
Plans for site alterations, construction, alterations, repairs, or other work involving or affecting the storage, handling, use, transportation or containment of hazardous materials shall be reviewed and approved by the city manager prior to issuance of a permit for site work or a building permit. Review shall be for conformance with the requirements of this chapter and the reference manual. (Ord. 12-2002 § 2)
16.10.080 Inspection fees.
The council, by resolution, shall establish fees for the conduct of inspection, reinspection, permit review, reports, and other functions that may be undertaken by the city to administer or enforce this chapter. (Ord. 12-2002 § 2)