Chapter 13.10
DRINKING WATER SOURCE PROTECTION
Sections:
13.10.010 Short title and purpose.
13.10.030 Establishment of drinking water source protection zones.
13.10.010 Short title and purpose.
A. This chapter shall be known as the “drinking water source protection ordinance.”
B. The purpose of this chapter is to ensure the provision of a safe and sanitary drinking water supply for the town of Manila by the establishment of drinking water source protection zones surrounding all wellheads and springs which are the supply sources for the town of Manila water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. [Ord. 11-18-04A § 1.]
13.10.020 Definitions.
When used in this chapter the following words and phrases shall have the meanings given in this section:
A. “Design standard” means a control which is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example.
B. “Land management strategies” means zoning and nonzoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, ground water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, agreements, and so forth.
C. “Pollution source” means point source discharges of contaminants to ground water or potential discharges of the liquid forms of “extremely hazardous substances” which are stored in containers in excess of “applicable threshold planning quantities” as specified in SARA Title III. 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, and animal feeding operations with more than 10 animal units. The following clarifies the definition of pollution sources:
1. “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 45 days or more in any 12-month period, and crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two 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.
2. “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 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
3. “Extremely hazardous substances” means substances which are identified in the Section 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).
D. “Potential contamination source” means any facility site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.
E. “Regulatory agency” means any governmental agency with jurisdiction over hazardous waste as defined herein.
F. “Sanitary landfill” means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth over thereon.
G. “Septic tank/drainfield systems” means a system that is comprised of a septic tank and a drainfield which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drainfield system discharges cannot be controlled with design standards.
H. “Wellhead” means the upper terminal of a well, including adapters, ports, seals, valves and other attachments. [Ord. 11-18-04A § 2.]
13.10.030 Establishment of drinking water source protection zones.
There are hereby established use districts to be known as zones one, two, three, and four of the drinking water source protection area. Identified and described as follows:
A. Zone one is the area within a 100-foot radius from the spring or wellhead.
B. Zone two is the area within a 250-day ground water time-of-travel to the spring or wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground-water divide, whichever is closer.
C. Zone three (waiver criteria zone) is the area within a three-year ground water time-of-travel to the wellhead margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer.
D. Zone four is the area within a 15-year ground water time-of-travel to the spring or wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer. [Ord. 11-18-04A § 3.]
13.10.040 Permitted uses.
The following uses shall be permitted within drinking water source protection zones:
A. Any use permitted within existing agricultural, single-family residential, multifamily residential, and commercial districts so long as uses conform to the rules and regulations of the regulatory agencies.
B. Any other open land use where any building located on the property is incidental and accessory to the primary open land use. [Ord. 11-18-04A § 4.]
13.10.050 Prohibited uses.
The following uses or conditions shall be and are hereby prohibited within drinking water source protection zones, whether or not such use or condition may otherwise be ordinarily included as part of a use permitted under MMC 13.10.040.
A. Zone one: the location of any pollution sources as defined herein.
B. Zone two: the location of a pollution source unless its contaminated discharges can be controlled with design standards.
C. Zones three and four: the location of a potential contamination source unless it can be controlled through land management strategies. [Ord. 11-18-04A § 5.]
13.10.060 Administration.
The policies and procedures for administration of any source protection zone established under this chapter, including, without limitation, those applicable to nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the zoning ordinance for the town of Manila, as the same is presently enacted or may from time to time be amended. [Ord. 11-18-04A § 6.]