This is the draft of the new WellHead Protection Program Ordinance.
CHAPTER 94
WELLHEAD PROTECTION
94.01 Purpose 94.11 Activities Relating to Toxic and Hazardous
94.02 Definitions Substances
94.03 Substances Regulated 94.12 Permit Procedures
94.04 Wellhead Protection Zone Maps and Listing 94.13 Wellhead Protection Officer Designated
94.05 Primary and Secondary Zones 94.14 Inspections
94.06 Determination of Location of Properties 94.15 Transfer of Property
Within
Zones 94.16 Building Permit Issuance
94.07 Regulations Governing Primary Protection 94.17 Underground Tank Restrictions
Zones
94.08 Regulations Governing Secondary 94.18 City Action for Injunctive Relief
Protection Zones
94.09 Exempt Activities 94.19 Notice of Violation
94.10 Existing Uses
94.01 PURPOSE. The purpose of this chapter is to institute land use
regulations and restrictions to protect the City's water supply and well fields,
restrict the location of potential sources of contamination in close proximity to
a public water supply, and to promote the public health, safety and general
welfare of the residents of the City.
94.02 DEFINITIONS. As used in this chapter:
1. "Aquifer" means a rock formation, group of rock formations or
part of a rock formation that contains enough saturated permeable
material to yield significant quantities of water.
2. "Contamination" means the presence of any harmful or
deleterious substances in the water supply.
3. "Groundwater" means subsurface water in the saturated zone
from which wells, springs and groundwater runoff are supplied.
4. "Geothermal protection zone" means that Major Geothermal Systems shall not be located within one thousand (1000) feet of a Water Supply Well. And/or Minor Geothermal Systems shall not be located within two hundred (200) feet of a Water Supply Well. Refer to City Ordinance Chapter 153 to define Geothermal Systems.
5. "Hazardous substances" means those materials specified in
Section 94.03.
6. "Labeled quantities" means the maximum quantity of chemical
as recommended on the label, for specific applications.
7. "May" means desirable characteristics. Characteristics indentified by may can be implemented at the discretion of the design team.
8. "Person" means any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, or any other entity whatsoever or any combination of such, jointly or severally.
9. "Petroleum product" means fuels (gasoline, diesel fuels,
kerosene, and mixtures of these products), lubricating oils, motor oils,
hydraulic fluids, and other similar products.
10. "Pollution" means the presence of any substance (organic,
inorganic, radiological or biological) or condition (temperature, pH,
turbidity) in water that tends to degrade its quality so as to constitute a
hazard or impair the usefulness of the water.
11. "Potable water" means water that is satisfactory for drinking,
culinary and domestic purposes, meeting current drinking water
standards.
12. "Primary containment" means the first level of product-tight
containment, i.e., the inside portion of that container which comes into
immediate contact on its inner surface with the hazardous material
being contained.
13. "Public utility" means any utility (gas, water, sewer, electrical,
telephone, cable television, etc.) whether publicly owned or privately
owned.
14. "Regulated substance" means substances included under Section
94.03.
15. "Secondary containment" means the level of product-tight
containment external to and separate from the primary containment.
Secondary containment shall consist of leakproof trays under
containers, floor curbing or other containment systems and shall be of
adequate size and design 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 preclude any substance
loss. Containment systems shall be sheltered so that the intrusion of
precipitation is effectively prevented.
16. "Shall" means an absolute requirement. Any sentence containing the word shall represents a firm requirement.
17. "Should" means a highly desirable characteristic. Any sentence containing the work should represents a design goal.
18. "Toxic substance" means any substance that has the capacity to
produce personal injury or illness to humans through ingestion,
inhalation or absorption into the body.
19. "Water pollution" means the introduction in any surface or
underground water of any organic or inorganic deleterious substance in
such quantities, proportions and accumulations that are injurious to
human, plant, animal, fish and other aquatic life or property or that
unreasonably interferes with the comfortable enjoyment of life of
property or the conduct of business.
20. "Water Supply Well" means a well that supplies water that is potable.
21. "Well" means a pit or hole sunk into the earth to reach a
resource supply such as water.
22. "Well field" means a tract of land that contains a number of wells for supplying water.
23. A "Deep Well" means constructed in such a manner that there is a continuous layer of low permeability rock or soil at least 5 feet thick located at least 25 feet below the normal ground surface and above the aquifer from which the water is to be drawn.
24. "Shallow Well" means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point 25 feet below the normal ground surface.
25. "Wellhead protection zone" means zones delineated by fixed
radii around wellheads, within which toxic substances will be regulated
to protect the quality of the underground resource.
26. "Will" means an intended characteristic. Characteristics indentified by will describes an intent of what is implemented or the intent of the external world.
94.03 SUBSTANCES REGULATED. The materials regulated by this
chapter consist of the following:
- 1. Petroleum products as defined in Section 94.02.
- 2. Substances listed in 40 CFR part 261, subparts C and D, of the
Federal Hazardous Waste List.
3. Substances listed by the Iowa Labor Commissioner pursuant to
Section 898.12 of the Code of Iowa (Hazardous Chemicals Risks--Right
to Know).
94.04 WELLHEAD PROTECTION ZONE MAPS AND LISTING.
Wellhead protection zone maps and listing of locations and any amendments
thereto are incorporated by reference and made a part of this chapter. These
maps shall be on file at City Hall. At the time of adoption of the ordinance
codified in this chapter, the location of all wells in Hiawatha supplying potable
water to the City water system shall be located on the official wellhead
protection map with primary and secondary protection zones indicated. Such
maps shall be provided to the City Clerk, Building Official, County Health
Department, and any other agency requesting the maps. The wellhead
protection zone maps may be updated on an annual basis. The basis for such
an update may include, but is not limited to, the following:
- 1. Changes in the technical knowledge concerning the aquifer;
- 2. Changes in permitted pumping capacity of City well fields;
- 3. Addition or deletion of wells;
- 4. Designation of new well fields.
94.05 PRIMARY AND SECONDARY PROTECTION ZONES. The zones of protection
indicated on the wellhead protection maps are as follows:
1. Primary Protection Zone (Zone A). An area extending two hundred (200)
feet radially from any well supplying potable water to the City water
system.
2. Secondary Protection Zone (Zone B). An area extending between two
hundred (200) and two thousand five hundred (2,500) feet radially
from any well supplying potable water to the City water system.
- 3. Tertiary Protection Zone (Zone C). An area known as the Geothermal Protection Zone. Major Geothermal Systems extending one thousand (1000) feet radially of a Water Supply Well. Minor Geothermal Systems within two hundred (200) feet radially of a Water Supply Well.
94.06 DETERMINATION OF LOCATION OF PROPERTIES WITHIN
ZONES. In determining the location of properties within the zones depicted
on the wellhead protection zone maps, the following rules shall apply:
1. Properties located wholly within one zone reflected on the
applicable wellhead protection zone map shall be governed by the
restrictions applicable to that zone.
2. For properties having parts lying within more than one zone as
reflected on the applicable wellhead protection zone map, each part
shall be governed by the restrictions applicable to the zone in which it
is located.
94.07 REGULATIONS GOVERNING PRIMARY PROTECTION ZONES.
1. Permitted Uses. The following uses are permitted uses within
the primary protection zone (Zone A):
A. Parks, provided there is no on-site waste disposal or fuel
storage tank facilities associated within this use, and the Iowa
Department of Natural Resources (DNR) Separation Distances
From Wells for sources of contamination is complied with;
B. Playgrounds;
C. Wildlife areas;
D. Nonmotorized trails, such as biking, skiing, nature and
fitness trails.
E. Lawns & Gardens
2. Prohibited Uses. The following uses are prohibited uses within
the primary protection zone (Zone A). Uses not listed are not
considered permitted uses unless specifically listed under subsection 1
of this section, subsection 3 of this section, or issued a permit under
Section 94.12:
- A. Wastewater treatment facilities;
- B. Septage and/or sludge spreading;
- C. Agricultural activities;
D. Animal waste facilities;
E. Animal confinement facilities;
F. Animal waste landscaping;
G. Gas stations;
H. Asphalt products manufacturing;
I. Electroplating facilities;
J. Landfills or waste disposal facilities;
K. Spray wastewater facilities;
L. Junkyards or auto salvage yards;
M. Pesticide, herbicide or fertilizer use, storage, mixing,
handling, or manufacturing facilities (excluding residential uses
consistent with labeled quantities);
N. Hazardous and toxic materials storage and use;
O. Hazardous and toxic waste facilities;
P. Radioactive waste facilities;
Q. Paint and/or coating manufacturing;
R. Salt Storage.
S. On-site private sewage systems;
T. Underground storage tanks;
U. Vehicle repair establishments, including auto body repair;
V. Printing and duplicating businesses;
W. Bus or truck terminals;
X. Dry cleaning businesses;
Y. Exterminating businesses;
Z. Basement storage tanks;
A1. Repair shops for items other than vehicles;
B1. All commercial or industrial businesses not specifically
listed elsewhere in this chapter.
3. Discharge of Hazardous Substances Prohibited. No person shall
discharge or cause or permit the discharge of a hazardous substance,
in excess of labeled quantities, to the soils, groundwater, or surface
water within the primary protection zone (Zone A). Any person
knowing or having evidence of a discharge shall report such
information to the Water Superintendent.
94.08 REGULATIONS GOVERNING SECONDARY PROTECTION
ZONES.
1. Permitted Uses. The following uses are permitted in the
secondary protection zone (Zone B):
A. All uses listed as permitted in the primary protection zone
(Zone A);
B. Sewered residential, commercial and/or industrial uses
not prohibited under subsection 2 of this section;
C. Aboveground storage tanks of six hundred sixty gallons or
less;
D. Basement storage tanks.
2. Prohibited Uses. The following uses are prohibited uses within
the secondary protection zone (Zone B). Uses not listed are not
considered permitted uses unless they are specifically listed under
subsection 1 of this section, specifically listed under subsection 3, or
issued a permit under Section 94.12:
A. Landfills or waste disposal facilities;
B. Spray wastewater facilities;
C. Junkyards or auto salvage yards;
D. Hazardous and toxic materials storage and use;
E. Hazardous and toxic waste facilities;
F. Radioactive waste facilities.
3. Uses Requiring Permits. The following uses are prohibited within
the secondary protection zone (Zone B) unless a permit is issued for
such use by the City Council as under Section 94.12. Uses not listed
are not to be considered permitted uses unless specifically listed under
subsection 1 of this section or issued a permit under Section 94.12:
A. Underground storage tanks of any size;
B. Private sewage systems;
C. Agricultural activities;
D. Septage and/or sludge spreading;
E. Animal waste landspreading;
F. Animal waste facilities;
G. Animal confinement facilities;
H. Gas stations;
I. Pesticide, herbicide or fertilizer use, storage, mixing,
handling or manufacturing facilities (excluding residential uses
consistent with labeled quantities);
J. Asphalt products manufacturing;
K. Dry cleaning facilities;
L. Electroplating facilities.
M. Geothermal vertical closed loop wells, see Ordinance Chapter 153.
4. Discharge of Hazardous Substances Prohibited. No person shall
discharge or cause or permit the discharge of a hazardous substance,
in excess of labeled quantities, to the soils, groundwater or surface
water within the secondary protection zone (Zone B). Any person
knowing or having evidence of a discharge shall report such
information to the wellhead protection officer.
94.09 EXEMPT ACTIVITIES. The following activities or uses are exempt
from the provisions of this chapter:
1. The transportation of any hazardous substance through the well
field protection zones, provided the transporting vehicle is in transit;
2. Mosquito-control spraying, providing that such uses shall comply with the Iowa Commercial and Public Pesticide Applicators and Dealers Licensing through the Iowa Department of Agriculture.
3. The use of any hazardous substance solely as fuel in a vehicle
fuel tank or as lubricant in a vehicle;
4. Fire, police, emergency medical services, emergency
management center facilities or public utility transmission facilities;
5. Retail sales establishments that store and handle hazardous
substances for resale in their original unopened containers;
6. Consumer products limited to use at a facility solely for janitorial
or minor maintenance purposes;
7. Consumer products located in the home which are used for
personal, family or household purposes;
8. The storage and use of hazardous substances as a fuel or
lubricant to provide auxiliary power for emergency use to the well field,
provided an enclosed secondary containment system is provided for the
hazardous substance;
9. The use of water treatment chemicals connected with the
operation of the well.
94.10 EXISTING USES. The use of structures or facilities existing at the
time of the adoption of the ordinance codified in this chapter may be
continued even though such use may not conform with the regulations of this
chapter. However, such structure of facility may not be enlarged, extended,
reconstructed or substituted subsequent to adoption of said ordinance unless
an exemption is granted by the City Council.
94.11 ACTIVITIES RELATING TO TOXIC AND HAZARDOUS
SUBSTANCES. Any person who engages in nonresidential activities relating
to the storage, handling, use and/or production of any toxic or hazardous
substances who is exempt from this chapter by law shall not be subject to the
restrictions contained herein.
94.12 PERMIT PROCEDURES. All written requests for permits allowed
under subsections (2) and (3) of Sections 94.07 and 94.08 of this chapter will
be made in writing to the City Council. Any permits granted will be made
conditional and may include environmental and safety monitoring and/or a
bond posted for future monitoring and cleanup costs. The permit will be
made void if environmental and/or safety monitoring indicate the facility is
emitting any releases of harmful contaminates to the soils, groundwater, or
surface water. The facility will be held financially responsible for all
environmental cleanup costs as under Section 36.04 of this Code of
Ordinances. The construction of new structures or the structural modification
or expansion of existing structures within the primary protection zone (Zone
A) requires Council approval conditional upon the City Engineer's approval of
the site plan. Site plan review costs will be the responsibility of the owner.
94.13 WELLHEAD PROTECTION OFFICER DESIGNATED. The Water
Superintendent is designated as the wellhead protection officer unless
another person is specifically designated by the Water Superintendent to supervise the
implementation and enforcement of this chapter.
94.14 INSPECTIONS.
1. The wellhead protection officer or inspector shall have the power
and authority to enter and inspect all buildings, structures and land
within all wellhead protection zones for the purpose of making an inspection.
Failure of a person having common authority over a property to permit
an inspection shall be sufficient grounds and probable cause for a court
of competent jurisdiction to issue a search warrant to the protection
officer to inspect such premises.
2. In the event a building or structure appears to be vacant or
abandoned, and the owner cannot be readily contacted in order to
obtain consent for an inspection, the officer or inspector may enter into
or upon any open or unsecured portion of the premises in order to
conduct an inspection thereof.
3. The wellhead protection officer or inspector may inspect each
well field annually and shall maintain an inventory, if applicable, of all
hazardous substances which exist in each primary zone. An
emergency plan shall be prepared and filed with the County Emergency
Management Agency indicating the procedures which will be followed in
the event of spillage of a regulated substance so as to control and
collect all such spilled materials.
4. It shall be the duty of all law enforcement officers to assist in
making inspection when such assistance is requested by the officer or
inspector.
- 5. Hiawatha Water Department may provide nitrate and bacteria testing yearly for active private wells to residents within the City limits.
94.15 TRANSFER OF PROPERTY. The City requires that all abandoned
wells and cisterns be properly sealed prior to finalization of property sales or
transfers within the corporate limits of the City.
94.16 BUILDING PERMIT ISSUANCE. No building permits shall be
issued which are a violation of this chapter or a source of contamination for a
City well, and no commercial or industrial building permits shall be issued
which are a violation of the Iowa DNR Separation Distances From Wells.
94.17 UNDERGROUND TANK RESTRICTIONS. No new underground
tanks will be allowed for auxiliary fuel storage in the primary zone.
94.18 CITY ACTION FOR INJUNCTIVE RELIEF. If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances within the wellhead protection zones as indicated on the wellhead protection zone maps, continues to operate in violation of the provisions of this chapter, shall be subject to provisions and penalties provided in Title I Chapter 3 of this Code entitled Penalty (Section 364.22 of the Iowa Code). The City may file an action for injunctive relief in the court of jurisdiction.
94.19 NOTICE OF VIOLATION. Whenever an officer or an inspector
determines that there is a violation of this chapter, said officer or inspector
shall give notice thereof, which notice shall:
1. Be in writing;
2. Be dated and signed by the officer or inspector;
3. Specify the violation or violations;
4. State that the violation(s) shall be corrected within a specified
period of time as issued in writing by the inspector.
94.20 APPEALS PROCESS. For prohibited uses denied by the Water Superintendent the applicant may appeal to the Hiawatha City Council.
