CHAPTER 9
WATERSHED PROTECTION
Sections:
4-9-102 Jurisdiction – Rules and Regulations.
4-9-103 Interfering with City Officers Prohibited.
4-9-201 Pollution of Water Sources Prohibited.
4-9-202 Construction – Approval Required – Conditions.
4-9-203 Compliance with County, State, and Federal Requirements.
4-9-204 Plans, Specifications, and Permit Conditions.
4-9-205 Sale of Lots Prior to Construction Approval.
4-9-301 Garbage and Sewage Disposal Requirement.
4-9-302 Sanitary Sewage Disposal System Required.
4-9-303 Septic Tank Permit Conditions.
4-9-304 Chemical Toilets or Privies.
4-9-305 Alterations to Sanitary Facilities.
4-9-306 Emptying Sanitary Sewage Facilities.
4-9-307 Waste Hauling Required.
4-9-308 Prohibited Location of Toilet Vaults.
4-9-309 Unlawful to Break Condemning Seal.
4-9-401 Animal Permit Required.
4-9-402 Animal Deemed Astray – Impoundment.
4-9-403 Corrals and Similar Structures.
4-9-404 Animal Permit Requirements.
4-9-405 Camping and Campfire Restrictions.
4-9-101 Definitions.
For the purposes of the Chapter, the following terms, phrases and words shall have the meanings set forth in this Section:
(1) “Aquifer” means an underground formation that contains and transmits ground water.
(2) “Chemical Toilet” means a non-flush device wherein the waste is deposited directly into a receptacle containing a solution of water and chemical housed in a permanent or portable structure.
(3) “City” means the city of Springville, Utah.
(4) “Condemning by Superintendent” means a seal or order by the Superintendent prohibiting use of a waste disposal facility, structure, or use for human occupancy.
(5) “Department” means the Springville City Water and Sewer Department.
(6) “Drinking Water Source Protection Rule” means the Utah Drinking Water Source Protection Rule as adopted by the State of Utah Department of Environmental Quality, Division of Drinking Water.
(7) “Drinking Water Source Protection Zone” and “Water Protection Zone” mean those areas delineated or established by the Superintendent in accordance with standards set by the Utah Drinking Water Source Protection Rule.
(8) “Municipal” means the city of Springville, Utah.
(9) “Owner” means any person who along, jointly or severally with others:
(a) has legal or equitable title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(b) have charge, care, or control of any premises, dwelling or dwelling unit, as legal or equitable owner or agent of the owner, or an executrix, administrator, administratrix, trustee or guardian of the estate of the owner, with or without possession.
(10) “Person” means any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of any estate, the State or its departments, institution, bureau, agency, county, city, political subdivision, or any legal entity recognized by law.
(11) “Pollution” means those contaminants to ground water identified as a “pollution source” as defined in the Drinking Water Source Protection Rule.
(12) “Putrescible Material” means any organic material subject to biological decomposition with the production of offensive odors associated with anaerobic or aerobic conditions, including but not limited to dead animals, garbage, manure, and vegetable compost matter.
(13) “Reservoir” means any natural or artificial lake or pond except a storm water detention basin.
(14) “Springville City Watershed Area” means any area or territory occupied by or tributary to Springville City’s waterworks and all reservoirs, streams, canals, ditches, pipes and drains used in and necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken for fifteen (15) miles above the point from which it is taken and for a distance of 300 feet on each side of such stream and over highways along such stream or watercourse within said 15 miles and said 300 feet.
(15) “Septic Tank” means a watertight receptacle which received the discharge of drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into soil outside of the tank through and underground absorption system.
(16) “Sewage” means a combination of liquid or water carried wastes produced by man, animal, or fowl from residences, business buildings, institutions, industrial establishments, agriculture, recreation, and other locations including septic tanks, privy vaults, and cesspools, together with ground, surface, and storm water.
(17) “Sewage Disposal System” means any system for the disposal of sewage including, but not limited to, sewers, septic tanks, vault privies, and chemical toilets.
(18) “Sewage Holding Tank” means a watertight receptacle which receives sewage from the discharge of a drainage system and retains such wastes until removal and subsequent disposal by scavenger operation.
(19) “Superintendent” means the Superintendent of the Springville City Water and Sewer Department, or his authorized representative.
(20) “Vault Privy” means any facility wherein the waste is deposited without flushing, into a vault or receptacle, which is usually installed below ground.
(21) “Waste” means, for the purpose of this ordinance, domestic waste water or sewage which is normally deposited in or retained for disposal in sewers, septic tanks, sewage holding tanks, chemical toilets, or vault privies.
(22) “Waste Hauler” means any business activity or solicitation by which wastes are collected, transported, stored or disposed of by a collection vehicle. This shall include, but not be limited to, the cleaning out of septic tanks, sewage holding tanks, chemical toilets, and vault privies.
(23) “Watercourse” means aqueducts, pipelines, natural or artificial streams or channels through or in which water at any time flows.
(24) “Watershed” means the Springville City Watershed Area.
(Adopted by Ordinance No. 6-96)
4-9-102 Jurisdiction – Rules and Regulations.
In enacting this Chapter it is Springville City’s intent to protect its watershed and to assert jurisdiction over the Springville City Watershed Area, including aquifers and surface waters to the maximum extent allowed by law consistent with Utah Drinking Water Source Protection Rules as adopted by the State of Utah Department of Environmental Quality. In addition to the provisions of this Chapter the Superintendent is hereby authorized to prescribe rules and regulations not contrary to law, for governing all matters of water quality within the Springville City Watershed Area.
(Adopted by Ordinance No. 6-96)
4-9-103 Interfering with City Officers Prohibited.
It is unlawful for any person to interfere with, molest, hinder or obstruct any municipal officer, official, or employee who is performing any duty imposed by the Chapter.
(Adopted by Ordinance No. 6-96)
4-9-104 Penalty.
Any person who shall violate any provision of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in 1-6-101 of this Code.
(Adopted by Ordinance No. 6-96)
4-9-201 Pollution of Water Sources Prohibited.
It shall be unlawful for any person to commit any nuisance or allow to be done any act that will pollute any source of water in the Springville City Watershed Area. In particular, it shall be unlawful for any person to do or allow to be done any of the things proscribed in this Chapter anywhere within any Drinking Water Source Protection Rule or any other rule or standard adopted by Springville City.
(Adopted by Ordinance No. 6-96)
4-9-202 Construction – Approval Required – Conditions.
It shall be unlawful to construct any new structure for human habitation within the Springville City Watershed Area without first securing approval from the Superintendent in accordance with the provisions of this Chapter. No new structure in the watershed shall be approved without complying with all other requirements set forth in this Chapter. The requirements of this Section shall not apply to residences and other buildings existing at the time of enactment of this ordinance.
(Adopted by Ordinance No. 6-96)
4-9-203 Compliance with County, State, and Federal Requirements.
All applicants for building permit within the watershed shall comply with all city, county, state, and federal waste disposal system regulations.
(Adopted by Ordinance No. 6-96)
4-9-204 Plans, Specifications, and Permit Conditions.
(1) All applicants for a building permit for construction within the watershed shall submit to the Department a copy of all plans, specifications and drawings required to be submitted to any other government authority by applicable laws or ordinances.
(2) In addition to any other necessary permit, approval by the Superintendent shall be obtained for all construction in the Springville City Watershed Area. Building permits and plan approvals given by other agencies of government, including county, state, and federal government shall not be considered approval by Springville City.
(Adopted by Ordinance No. 6-96)
4-9-205 Sale of Lots Prior to Construction Approval.
If any lot is sold before a building permit has been approved by the Superintendent, the seller shall notify the buyer that construction has not been approved.
(Adopted by Ordinance No. 6-96)
4-9-301 Garbage and Sewage Disposal Requirement.
(1) Approvals for the construction and maintenance of all garbage and sewage disposal systems within the Springville City Watershed Area shall be under the direct supervision and control of the Superintendent. It shall be unlawful to:
(a) construct, use, or maintain any sewage disposal system anywhere within the watershed without first obtaining the written approval of the Superintendent. The Superintendent shall give approval for the construction, use, or maintenance of a sewage disposal system only if the owner of the sewage disposal system can demonstrate that said construction, use or maintenance of the sewage disposal system will not violate established standards or rules for Drinking Water Source Protection Zones. Systems existing at the effective date of adoption of this Chapter shall be allowed to continue as long as they are not modified, expanded, damaged, become inoperable, or otherwise constitute a threat of contamination to the watershed.
(b) throw or break bottles or glass, or deposit garbage, debris, or other deleterious matter of any kind anywhere within the watershed, except into a designated garbage container.
(c) deposit any dead animal or any putrescible matter within the Springville Watershed Area.
(d) damage, vandalize, alter, or destroy any authorized sewage disposal system in the watershed. The owner of any such system shall immediately repair such damage.
(e) pump sewage storage vaults or conduct a scavenger operation except in accordance with all applicable laws, rules, and regulations.
(2) A sewage disposal system within the Springville City Watershed Area shall be sealed immediately if it is unsanitary or does not comply with the water quality requirements of federal, state, or local law or regulations. Such facilities may not be used until they are made sanitary and conform to the requirements of federal, state, and local laws and regulations. It shall be unlawful for any person to use or maintain any facility sealed in accordance with the provisions of this Section.
(3) When the Superintendent determines that a sewage disposal system violates applicable laws, rules or regulations or is a potential hazard to the watershed and cannot be adequately remedied or corrected, he shall order the destruction and removal of said sewage disposal system. The cost of all remedies or destruction and removal shall be the responsibility of the property owner.
(4) As a condition of operating a sewage disposal system, the owner of property grants the Superintendent and his authorized agents the right to enter upon the owner’s property to inspect for violations of federal, state, and city laws, rules and regulations. Reasonable prior notice shall be given for such inspections unless in the opinion of the Superintendent an emergency exists which might jeopardize the watershed.
(Adopted by Ordinance No. 6-96)
4-9-302 Sanitary Sewage Disposal System Required.
Any person who owns, operates, maintains or permits the use of any house, cottage, cabin, human habitation or camping place shall provide and maintain a sewage disposal system satisfactory to the Department and upon such person’s failure to do so the Superintendent shall have authority to close, seal and prevent the use of such house, cabin, human habitation, or camping place.
(Adopted by Ordinance No. 6-96)
4-9-303 Septic Tank Permit Conditions.
Septic tanks and drain fields in the Springville City Watershed Area may only be used if permitted by the Superintendent in addition to approval by the governing agencies. The location and construction of the same must be approved by written permit granted by the Department.
(Adopted by Ordinance No. 6-96)
4-9-304 Chemical Toilets or Privies.
Use of chemical toilets and vault privies in the Springville City Watershed Area shall be installed and used only with the prior written approval of the Superintendent. Such approval shall be in addition to approval by other governing agencies. Vault privies, chemical toilets and sewage holding tanks may be permitted with the written approval of the Superintendent provided the contents removed from the tanks are treated in conformance with the Utah State Department of Health, Code of Waste Disposal Regulations and transported from the Springville City Watershed Area by a licensed waste hauler to an authorized sewage treatment facility.
(Adopted by Ordinance No. 6-96)
4-9-305 Alterations to Sanitary Facilities.
No person shall alter any existing, or construct or install any new receptacle for sanitary sewage disposal without first having the plans thereof approved by the Superintendent and all such systems shall be operated and maintained in a manner approved by the Superintendent.
(Adopted by Ordinance No. 6-96)
4-9-306 Emptying Sanitary Sewage Facilities.
All vaults or other approved receptacles used by any person for storage of sewage shall be emptied completely at least once each year. Whenever the level of sewage in any such vault or receptacle is allowed to reach eighty percent (80%) of capacity or a point twelve (.12) or less inches below any removal or leakage point, or the ceiling of such vault or receptacle, whichever point is lower, a notice of violation will be issued to the owner or operator of the facility using such vault or receptacle, allowing seven (7) days for complete removal of such sewage. Upon any failure to comply with a notice to remove sewage within seven (7) days, the house, cabin, human habitation or camping place, or other facility involved in such notice may be closed and sealed to prevent its use until the owner or operator of such facility complies with this Chapter.
(Adopted by Ordinance No. 6-96)
4-9-307 Waste Hauling Required.
The contents removed from a sewage holding tank and vault privies for sewage must be hauled by a licensed waste hauler at the cost of the owner or occupant to an approved sewage treatment facility.
(Adopted by Ordinance No. 6-96)
4-9-308 Prohibited Location of Toilet Vaults.
It shall be unlawful for any person to construct, locate or maintain any vault for the deposit or storage of sanitary sewage within 300 lineal feet of the edge of any spring, marsh, watercourse, water source or reservoir within the Springville City Watershed Area or at any place in such manner as to contaminate or threaten to contaminate the same.
(Adopted by Ordinance No. 6-96)
4-9-309 Unlawful to Break Condemning Seal.
It is unlawful for any person to break or remove any seal placed by the Superintendent or the Superintendent’s authorized representative upon any privy, water closet, urinal or other place where human waste is deposited, or to use any such place so sealed until the nuisance is abated and the seal properly removed.
(Adopted by Ordinance No. 6-96)
4-9-401 Animal Permit Required.
It shall be unlawful to keep or maintain for a period in excess of thirty (30) days, including but not limited to, any domestic animals, including dogs, cattle, horses, sheep, and hogs within the City’s watershed area without first obtaining a written animal permit from the Superintendent. This Section shall not, however, prohibit the grazing of domestic animals to the extent and density existing on the effective date of this Chapter.
(Adopted by Ordinance No. 6-96)
4-9-402 Animal Deemed Astray – Impoundment.
It is unlawful for any owner or person keeping, harboring, or having charge or control of any animal to permit such animal to run loose upon any Springville Watershed areas. Such animal shall be deemed astray and the Department of Water may cause any such animal to be impounded and dealt with according to law. This Section shall not, however, prohibit the grazing of domestic animals to the extent and density existing on the effective date of this Chapter.
(Adopted by Ordinance No. 6-96)
4-9-403 Corrals and Similar Structures.
It shall be unlawful for any person to construct or maintain any corral, sheep pen, pig pen, chicken coop, stable, or any offensive or contaminating yard, or outhouse within the watershed except as permitted by this Chapter.
(Adopted by Ordinance No. 6-96)
4-9-404 Animal Permit Requirements.
(1) Domesticated animals shall be maintained within the watershed only with, and subject to, an animal permit issued by the Department.
(a) When requested, applicants for said permits shall demonstrate to the satisfaction of the Superintendent the basis and extent of their ownership or lease interest in the real property for which a permit is sought.
(b) Applicants shall inform the Department of Water as to the number and type of animal(s) and their proposed method of controlling and maintaining the animal(s).
(c) The animal’s enclosures shall be kept and maintained in a reasonably clean and sanitary condition at all times and subject to inspection at any time by representatives of the Department.
(d) Fecal waste must be disposed of in a manner approved by the Department so as to prevent contamination of the watershed.
(e) Violation of the conditions of the permit shall be unlawful and any permittee who is found to be in violation of the permit or any of the requirements of this Chapter shall be subject to all applicable fines and penalties as set by law.
(2) This Section shall not, however, prohibit the grazing of domestic animals to the extent and density existing on the effective date of this Chapter.
(Adopted by Ordinance No. 6-96)
4-9-405 Camping and Campfire Restrictions.
(1) The Superintendent may require that picnicking or camping be restricted from certain designated places. No person shall picnic or camp at places so posted by the Superintendent. Camping shall only be permitted during the camping season established by the United States Forest Service.
(2) When conditions warrant, as determined by the Superintendent, the Superintendent may prohibit campfires and smoking on the watershed or within designated areas in the watershed.
(Adopted by Ordinance No. 6-96)
4-9-406 Vehicles.
(1) It shall be unlawful for any person to operate any type of motor vehicle (including but not limited to motorcycles, trail bikes, dune buggies, motor scooters or jeeps) upon any public property, within the watershed except on designated reads, without first obtaining the written permission of the public entity which is in possession of such property.
(2) Subsection (1) does not prohibit the use of real property primarily devoted towards agricultural purposes, including the following:
(a) emergency vehicles;
(b) vehicles seeing operated on property devoted to agricultural purposes where such operation is in conjunction with agricultural use and permission for such operation is implied or expressly given by the person in possession of said property.
(c) vehicles operated on property actually used for residential purposes where such vehicles are there at the express or implied invitation of the owner or occupant;
(d) vehicles being operated on public or private parking lots where permission to do so is implied or expressly given by the person in possession of such lot unless the Superintendent makes specific findings such uses or vehicles threatens the integrity of the watershed.
(Adopted by Ordinance No. 6-96)