The text
Sec. 13.18.010. - Purpose.#
The purpose of this ordinance is to insure the provision of a safe and sanitary drinking water supply for the city by establishment of ground water protection zones surrounding the wellheads for all wells and collection areas for all springs that are the supply sources for the city water system and by the designation and regulation of property uses and conditions that may be maintained within such zones.
(Ord. 2015-04, 11/10/2015)
Sec. 13.18.020. - Definitions.#
Ground water means water sources appurtenant to or directly used as culinary water.
Hazardous waste or material means any waste or material determined presently or in the future by the U.S. Environmental Protection Agency, the State of Utah or Kamas City, because of its quantity, concentration or physical, chemical or infectious characteristics to: 1.
Cause or significantly contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or
2.
Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.
Nonpoint source means any conveyance not meeting the definition of point source.
Pesticide means either a pesticide used for the control of insects or a herbicide used for the control of plant growth.
Point source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, animal feeding operation with more than ten animal units, landfill, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
Pollution source means point source discharges of contaminants to ground water or potential discharges of liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in the federal Super Fund Amendment and Reauthorization Act. ("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, industrial waste, septic tanks, drain fields, class underground injection wells (as defined in R317-7-3.5 of the Utah Administrative Code), landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten animal units. The following definitions are part of this ordinance and clarify the definition of "pollution source": 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 post-harvest 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 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 those substances defined in Sec. III List of LISTS - Consolidated Reporting Under SARA Title III" hazardous substances" means 302 (EHS) column of the "Title List of Chemicals Subject to (EPA 560/4-91-011).
Sanitary landfill means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
Septic tank/drain-field systems means a system comprised of a septic tank and a drain-field that accepts domestic waste water from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drain-field system discharges cannot be controlled with design standards.
Spring collection areas means the area where water is being captured for culinary use.
Wellhead means the upper terminal of a well, including adapters, ports, seals, valves and other attachments.
(Ord. 2015-04, 11/10/2015)
Sec. 13.18.030. - Establishment of ground water protection zones.#
There are hereby established use districts surrounding the wellheads for all wells and the collection areas for all springs located within the city that are supply sources for the city culinary public water system. Each use district is divided into four ground water protection zones. Each zone, except Zone 1, is determined by the average water time of travel through the geological stratum indigenous to the area of the water source to be protected as established by a qualified geologist. The four zones are determined as follows. 1.
Zone 1: The 100-foot radius from the wellhead or spring collection area.
2.
Zone 2: The 250-day ground water time of travel radius from the wellhead or spring collection area.
3.
Zone 3: The three-year ground water time of travel radius from the wellhead or spring collection area (also known as the "State of Utah Waiver of Criteria Zone").
4.
Zone 4: The 15-year ground water time of travel radius from the well head to the 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.
(Ord. 2015-04, 11/10/2015)
Sec. 13.18.040. - Permitted uses.#
Except uses established before the effective date of this ordinance and used continuously and in the same manner thereafter, which uses may continue, and subject to KMC 13.18.050, the following uses shall be allowed within the ground water protection zones: 1.
All zones:
a.
Any agricultural use or single family residential use existing at the time of the adoption of this ordinance, provided such use is not judged by any court of competent jurisdiction to be a nuisance under the provisions of federal, state or local laws or regulations.
b.
Use of single or multiple-family residence dwellings established on or after the effective date of this ordinance connected to a sanitary sewer system and that has the drainage from impervious surfaces disposed of according to federal, state or local laws or regulations.
c.
Uses incidental and accessory to the uses set forth in this section.
2.
Zone 4:
a.
Use of single-family residence dwellings established on or after the effective date of this ordinance located on at least one acre of land and having a septic tank/drain field system, provided that the system servicing such dwelling has been approved by the Summit County Health Department.
b.
The tilling of the soil and the raising of crops, provided fertilizing and the use of pesticides is accomplished within federal, state and local guidelines.
c.
Uses incidental and accessory to the uses set forth in this section.
(Ord. 2015-04, 11/10/2015)
Sec. 13.18.050. - Prohibited uses.#
Except uses established before the effective date of this ordinance and used continuously and in the same manner thereafter, which uses may continue, on or after the effective date of this ordinance, the following uses or conditions shall be and here are prohibited within ground water protection zones, regardless of whether such uses or conditions may otherwise be included as part of a use allowed under KMC 13.18.040: 1.
Zones 1 and 2:
a.
Septic tank/drain field systems.
b.
Sanitary sewer lines within 150 feet of a wellhead or spring collection area.
c.
Underground storage tanks.
d.
Storm water infiltration basins.
e.
Impervious surfaces other than roofs of buildings, streets, driveways and walks serving buildings permitted under KMC 13.18.040.
f.
Any pollution source as defined herein or in UAC 3-113.
2.
Zones 1, 2, 3, and 4. Agriculture industries including, but not limited to, intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.
3.
All zones.
a.
Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use, subject to inspection by local officials).
b.
Sanitary landfills.
c.
Hazardous waste or material disposal sites.
(Ord. 2015-04, 11/10/2015)
Sec. 13.18.060. - Administration and penalties.#
The policies and procedures for administration of any ground water protection zone established under this ordinance, including without limitation those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing Kamas City Zoning Ordinance, as the same is presently enacted or may from time to time be amended.
(Ord. 2015-04, 11/10/2015)