Chapter 18.115
GROUNDWATER PROTECTION OVERLAY (OV‑GP) ZONE1

Sections:

18.115.010    Title, applicability, and authority.

18.115.020    Purpose and intent.

18.115.030    Definitions.

18.115.040    Extent and designation of recharge areas and protection zones.

18.115.050    Permitted uses, conditional uses, and prohibitions within recharge areas and protection zones.

18.115.060    Management strategies and performance standards.

18.115.070    Exclusions and exemptions.

18.115.080    Enforcement, violation, and penalties.

18.115.090    Other.

18.115.100    Liability.

18.115.110    Administration.

18.115.010 Title, applicability, and authority.

(1) Title. This chapter shall be known as the model drinking water source protection ordinance. The provisions of this chapter shall be effective within the boundaries of the city of Riverton, Utah, and shall set prohibitions and restrictions to prevent contamination of the public drinking water supply in the city as a result of hazardous and toxic substances entering the groundwater, including wells not owned by the city. This chapter shall be liberally construed to effect the purposes set forth herein.

(2) Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the jurisdiction of the city to conform and comply with the applicable provisions contained in this chapter. Ignorance of this provision shall not excuse any violations of the provisions of this chapter.

(3) Authority. The city of Riverton has the authority to adopt this chapter to facilitate compliance with drinking water source protection regulations pursuant to the Municipal Land Use, Development, and Management Act, Section 10-9a-101 et seq., Utah Code Annotated 1953, UAC R309-113, and other such authorities and provisions as in the statutory and common law of the state of Utah. [Ord. 4-21-98-2 § 1 (Exh. A § 12-251-005). Code 1997 § 12-335-005.]

18.115.020 Purpose and intent.

The purpose of this chapter is to protect, preserve, and maintain existing and potential public drinking water sources in order to safeguard the public health, safety and welfare of city residents and visitors. The intent of this chapter is to establish and designate drinking water source protection zones and groundwater recharge areas for all sources of public drinking water within city boundaries and jurisdiction. This chapter establishes criteria for regulating the storage, handling, use or production of hazardous or toxic substances within identified areas where groundwater is, or could be, affected by the potential contaminant source. This shall be accomplished by the designation and regulation of property uses and conditions that may be maintained within such zones or areas. Unless otherwise specified, the provisions of this chapter apply to new development and/or handling, movement, and storage of potentially hazardous materials.

The degree of protection afforded by this chapter is considered adequate for regulatory purposes. This chapter does not ensure that public drinking water sources will not be subject to accidental or intentional contamination, nor does it create liability on the part of the city, or an officer or employee thereof, for any damages to the public water supplies from reliance on this chapter or any administrative order lawfully made thereunder.

A notice to cease or an exemption issued under this chapter shall not relieve the owner of the obligation to comply with any other applicable federal, state, regional or local regulation, rule, ordinance or requirement, nor shall said notice or exemption relieve any owner of any liability for violation of such regulations, rules, ordinances, or requirements. [Ord. 4-21-98-2 § 1 (Exh. A § 12-251-010). Code 1997 § 12-335-010.]

18.115.030 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be defined as follows:

“Abandoned well” means a well the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.

“Best management practices (BMPs)” means a practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil, and air quality goals.

Biosolids. See “Sludge.”

“City” shall mean the city of Riverton, Utah.

“Closure” means the cessation of operation of a facility, or any portion thereof, and the act of securing such facility or portion thereof to ensure protection of groundwater in accordance with the appropriate state, federal, and local regulations applicable to the specific facility and with the provisions of this chapter.

“Code” means the Riverton City Code.

“Code inspector” means any authorized agent or employee of the city whose duty is to assure code compliance.

Collection Area. See “Protection zone,” “Primary recharge area” and “Secondary recharge area.”

“Continuous transit” means the nonstop movement of a mobile vehicle except for stops required by traffic laws.

“Council” means the city council of the city of Riverton, Utah.

“Department” means the public agency, division, or department designated by the city of Riverton to enforce the provisions of this chapter. For the city of Riverton, the department is the planning and zoning department and building department, in consultation with the water and engineering departments, with ultimate authority resting with the engineering department.

“Discharge” shall mean and include, but not be limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing, or dumping regulated substances to the soils, air, groundwaters, or surface waters of the city. Release does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substance; provided, that such use is not prohibited by federal, state, or local regulations. Release shall not include releases specifically authorized by federal or state permits.

“Drinking water source protection review committee” shall be the public utilities department determined by the city of Riverton, and whose purpose is to make determinations regarding delineation of protection areas and zones.

“Drinking water source protection zone” means an area within which certain practices are mandated to protect groundwater flowing to public drinking water wells.

“Drinking water supply spring” means a drinking water spring to supply water, which has been permitted or intended for consumptive use.

“Drinking water supply well” means a drinking water well to supply water, which has been permitted or intended for consumptive use.

“DWSP” means drinking water source protection.

“EPA” means the U.S. Environmental Protection Agency.

“Groundwater” means any water which may be drawn from the ground.

“Groundwater discharge area” means an area where the direction of groundwater movement is upward from the principal aquifer to the shallow unconfined aquifer. Discharge areas, determined by the United States Geological Survey (USGS), are shown on Exhibit 2 in RCC 18.115.110.

“Groundwater divide” means the topographical and/or the geological strata that physically divides the groundwater flow of one primary recharge area from another.

“Groundwater TOT” shall mean time of travel for groundwater.

“Handle” means to use, generate, process, produce, package, treat, store, or transport a regulated substance in any fashion.

“Hazardous waste” means as defined by the United States EPA.

“Nonresidential activity” means all activity that is not designated as residential.

“Operating permit” means a permit to operate a facility handling regulated substances under this chapter. The department of building, zoning, and licensing will issue the permit for the city of Riverton, Utah.

“PCS” shall mean potential contaminant source.

“Person” means an individual, firm, partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural as well as singular.

“Petroleum product” shall include fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum-based products.

“Primary recharge area” shall mean the areas depicted on Exhibit 2 in RCC 18.115.110.

“Protection zone” means delineation zones of the drinking water source protection zone, as summarized in RCC 18.115.040(2).

“PWS” shall mean public water system.

“Regulated substances” means substances (including degradation and interaction products) which because of quantity, concentration, or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristics relevant to a particular material may cause significant harm to human health and/or the environment (including surface and groundwater, plants, and animals).

“Residential activity” means any building or structure or portion thereof that is designed for or used for residential purposes and any activity involving the use or occupancy of a lot for residential purposes. Residential activity shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in this title.

“SARA Title III” means the Superfund Amendment and Reauthorization Act section found in 40 CFR 300 through 302, pertaining to emergency response and right-to-know.

“Secondary containment” means any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double-walled tank, a double-walled integral piping system, or a single-walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.

“Secondary recharge area” shall mean the areas depicted on Exhibit 2 in RCC 18.115.110.

“Septic holding tank” means a watertight receptacle, used to contain septic waste, the contents of which are extilated and disposed of at a waste disposal facility.

“Septic tank system” means a generally watertight receptacle connected to a drain field that allows liquid from the tank to enter the soil. The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

“Sludge” or “biosolids” means the solids separated from wastewater during the wastewater treatment process.

“Solid waste disposal facility” means any solid waste management facility, which is the final resting place for solid waste, including landfills, and incineration facilities that produce ash from the process of incinerating solid waste.

“Solid waste transfer facility” means a site the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, and other containers from which such wastes are transported to a landfill or other solid waste management facility.

“Travel time contour” means the locus of points that form a line of any configuration in space from which groundwater particles on that line theoretically take an equal amount of time to reach a given destination, such as a well or a wellfield, as predicted by the Refined Salt Lake Valley MODFLOW/MODPATH model copyrighted.

“UAC” shall mean the Utah Administrative Code.

“USGS” shall mean the United States Geological Survey.

“Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater.

“Wellfield” means an area of land which contains one or more drinking water supply wells. [Amended during 2011 recodification; Ord. 4-21-98-2 § 1 (Exh. A § 12-251-015). Code 1997 § 12-335-015.]

18.115.040 Extent and designation of recharge areas and protection zones.

(1) Recharge Area and Protection Zone Map. The extent of the recharge areas and the protection zones may be seen on the recharge area and protection zone map, Exhibit 2 in RCC 18.115.110. The recharge area and protection zone map was completed January 1997, and is incorporated and made a part of this chapter. The recharge area boundary lines have been located along streets and/or section lines for convenience of assessing which prohibitions and restrictions apply to a specific property. This map shall be on file with the city of Riverton, and shall be maintained by the city and public water systems whose groundwater resources lay within the city of Riverton boundaries and jurisdiction. Any amendments, additions, or deletions to this map shall be by the city and/or the public water system following written notice after approval by the drinking water source protection review committee. The committee shall publish notice at least 30 days prior to consideration.

(2) Designation of Recharge Areas and Protection Zones.

(a) The following recharge areas and protection zones are hereby designated within the city of Riverton:

(i) Primary recharge area, as determined by the USGS (see Exhibit 2 in RCC 18.115.110).

(ii) Secondary recharge area, as determined by the USGS (see Exhibit 2 in RCC 18.115.110).

(iii) Protection Zone No. 1 shall be the area within a 100-foot radius from the well or margin of the collection area.

(iv) Protection Zone No. 2 shall be area within a 250-day groundwater TOT to the margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

(v) Protection Zone No. 3 shall be the area within a three-year TOT to the margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

(vi) Protection Zone No. 4 shall be the area within a 15-year TOT to the margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.

(b) In determining the location of properties and facilities within the areas and zones depicted on the drinking water source protection overlay map, the following rules shall apply:

(i) Property located wholly or partially in a recharge area or a protection zone on the overlay map shall be governed by the restrictions applicable to that recharge area or protection zone.

(ii) Properties located within more than one recharge area or protection zone as shown on the overlay map shall be governed by the restrictions applicable to the most restrictive protection zone.

(3) Review of Recharge Area and Protection Zone Map. The recharge area and protection zone map shall be reviewed at least one time every five years or more frequently if determined appropriate by the city of Riverton. Failure to conduct this review shall not affect the validity of the existing approved map. The basis for updating the map may include, but is not limited to, the following:

(a) Changes in technical or scientific knowledge in the areas of geohydrology, hydraulics, and geology.

(b) Changes in wellfield configuration.

(c) Changes in pumping rates for the wellfield.

(d) Development of new wells, wellfields, and/or springs.

(e) Changes in water quality. [Ord. 4-21-98-2 § 1 (Exh. A § 12-251-020). Code 1997 § 12-335-020.]

18.115.050 Permitted uses, conditional uses, and prohibitions within recharge areas and protection zones.

(1) Releases. No person shall discharge or permit the discharge of any regulated substances or petroleum products, whether treated or untreated, to soils, air, groundwater, or surface water in any recharge area or protection zone, that may have a deleterious effect upon the groundwater in the city of Riverton, unless the release is in compliance with federal, state, and local regulations.

(2) Prohibitions and Restrictions. Table 18.115.060 is a summary matrix of potential contamination sources and their prohibited, permitted, or conditional use in the protection zones referenced in RCC 18.115.040(2).

(3) Review of Development Plans. A registered geologist who has demonstrated expertise in the assessment of recharge rates shall review all development plans that lie within the primary recharge area. Any development that will result in a loss of the beneficial use of groundwater or that may have an adverse or negative effect upon local groundwater quality shall be rejected. Plans that are rejected may be revised by the developer and resubmitted to the city of Riverton for subsequent review by a registered geologist. Developments that do not lie within either the primary or secondary recharge area may proceed with the development plan processing requirements of the city of Riverton. [Ord. 4-21-98-2 § 1 (Exh. A § 12-251-025). Code 1997 § 12-335-025.]

18.115.060 Management strategies and performance standards.

(1) Toxic, Hazardous, and Other Materials Handling Regulations. The general classes of substances to be regulated under this chapter shall be those set forth in the generic regulated substances list which is presented as Exhibit 1 in RCC 18.115.110. The regulated substances shall include those set forth in the most current lists, as amended from time to time, entitled Identification and Listing of Hazardous Materials (40 CFR 261, Subpart D) and List of Extremely Hazardous Substances (40 CFR 355, Appendices A and B), and which are in a form that they are, all or in part, capable of entering the groundwater.

The use and storage of regulated substances in designated protection zones and recharge areas shall be allowed; provided, that the quantities of these substances do not exceed the reportable quantity for each regulated substance, as designated in 40 CFR 302 (pursuant to Section 311 of the Clean Water Act). An applicant may be exempted from the provisions of this chapter; provided, that he or she demonstrates to the department and to the Utah Division of Drinking Water Quality that the regulated substances pose no hazard to groundwater.

Table 18.115.060 identifies uses that have varying potentials to contaminate groundwater sources. These uses have been classified according to the risk of contamination in each protection zone as follows:

(a) Permitted Uses (P). The risk of contamination is considered relatively low in the specified zone if regulatory requirements and best management practices are implemented and, therefore, the use is permitted.

(b) Conditional Uses (C). The risk of contamination is moderate in the specified zone. The planning commission may permit the use only after conditional use review and approval. Approval is subject to implementation of best management practices and the planning commission may establish compliance with other reasonable conditions. The Utah Division of Drinking Water Quality shall review all conditional use requests.

(c) Prohibited Uses (X). The risk of contamination is very high in the specified zone. The use is not permitted.

Table 18.115.060

Use Matrix for Potential Contamination Sources
 

Potential Contamination Source

Protection Zone

Related Regulations

Best Management Practice(s)

Primary Recharge

Secondary Recharge

Zone 1

Zone 2

Zones 3 and 4

Abandoned wells

X

X

X

X

X

UAC R655-4, 12.1 to 12.2 for requirements to abandon wells

 

Agricultural pesticide, herbicide, and fertilizer storage, use, filling, and mixing areas

C

C

X

C

C

FIFRA (40 CFR 152157); RCRA Subtitle C; Utah Pesticide Control Act

Department of Agriculture

Airport maintenance and fueling sites

C

C

X

C

C

Stormwater; UST

 

Appliance repair

P

P

X

P

P

RCRA Subtitle C

 

Auto operations and fleet vehicle maintenance facilities (commercial):

C

C

X

C

C

 

Salt Lake Valley health department

• Dealership maintenance departments

 

 

 

 

 

RCRA Subtitle C; UST; Pretreatment

 

• Tire

 

 

 

 

 

 

 

• Auto body

 

 

 

 

 

 

 

• Engine repair

 

 

 

 

 

 

 

• Rust proofing

 

 

 

 

 

 

 

• Oil and lube shops

 

 

 

 

 

Used Oil (UAC R315-15)

 

• Vehicle rental with maintenance

 

 

 

 

 

 

 

Beauty salons

C

P

X

C

P

 

 

Boat building and refinishing

C

P

X

C

C

RCRA Subtitle C

 

Car washes

C

P

X

P

P

Pretreatment

Contact local planning department

Cemeteries, golf courses, parks, and plant nurseries

C

C

X

C

C

FIFRA

 

Chemical reclamation facilities

C

C

X

C

C

RCRA Subtitle G

 

Chemigation wells

C

C

X

X

C

UIC

 

Concrete, asphalt, and tar companies

C

C

X

C

C

 

 

Dairy farms and animal feed lots (more than 10 animal units)

C

P

X

X

P

UPDES (UAC R317-8)

 

Dry cleaners (with on-site chemicals)

C

C

X

X

P

RCRA Subtitle C; Pretreatment

Salt Lake Valley health department

Dry cleaners (without on-site chemicals)

P

P

X

P

P

 

 

Embalming services

C

C

X

C

C

Pretreatment

 

Farm operations

 

 

 

 

 

 

 

• Dump sites

X

C

X

C

C

Used Oil (UAC R315-15);

Solid and Hazardous (RCRA Subtitle C)

 

• Maintenance garages

C

C

X

C

C

Used Oil; RCRA Subtitle C

 

• Manure piles (<100 cubic feet-residential, 3,600 cubic feet-agricultural)

C

C

X

C

P

UPDES (UAC R317-8);

Groundwater (UAC R317-6)

 

Food processing, meat packing, and slaughter houses

C

C

X

X

P

UPDES (UAC R317-8); Pretreatment

 

Fuel, oil, and heating oil distribution and storage facilities

X

C

X

C

C

Subsections (1) through (5) of this section

 

Furniture stripping, painting, and finishing businesses

C

C

X

C

C

RCRA Subtitle C

 

Gasoline service stations (including underground storage tanks)

C

C

X

C

C

Local zoning and land use regulations; UST guidelines

 

Hospitals and medical, dental, and veterinary offices

C

C

X

C

C

Solid and Hazardous

 

Industrial manufacturers of: chemicals, pesticides, herbicides, paper products, leather products, textiles, rubber, plastic, fiberglass, silicone, glass, pharmaceuticals, and electrical equipment, etc.

X

C

X

C

C

Subsections (1) through (5) and (7) of this section; FIFRA; RCRA Subtitle C

 

Industrial waste disposal/impoundment areas

X

C

X

X

C

Groundwater (UAC R317-6); RCRA Subtitle C

 

Junk and salvage yards

X

C

X

C

C

 

Salt Lake Valley health department

Landfills and transfer stations

X

C

X

C

P

UDSW, Solid Waste Rules (UAC R315-301 – R315-320); subsection (12) of this section; RCRA Subtitle D

 

Laundromats

C

P

X

P

P

Pretreatment

 

Machine shops, metal plating, heat treating, smelting, annealing, and descaling facilities

X

C

X

C

C

Pretreatment; RCRA Subtitle C

 

Mining operations

 

 

 

 

 

 

 

• Radiological

C

C

X

P

P

UAC R313-25;

Groundwater (UAC R317-6)

 

• Sand and gravel excavation and processing

C

P

X

P

P

Construction (UAC R317-1)

 

Municipal wastewater treatment plants

C

C

X

X

P

UDDWQ, Design Requirements for Wastewater Collection, Treatment, and Disposal Systems (UAC R317-3)

 

Photo processing and print shops

C

C

X

C

C

Pretreatment

 

Railroad yards

C

P

X

P

P

Used Oil

 

Residential pesticide, herbicide, and fertilizer storage, use, filling, and mixing areas

C

P

X

C

C

 

Follow manufacturer’s directions for use and storage

Residential underground storage tanks

X

C

X

C

P

UAC R311-203, R311-205 and R311-206

 

RV waste disposal stations

C

C

X

X

P

UAC R392

 

Salt and salt-sand piles

C

C

X

C

C

Subsection (11) of this section

DEQ/UDOT

Septic tank drain field systems

X

C

X

X

C

UDDWQ, Individual Wastewater Disposal Systems (UAC R317-501 – R317-513); State Department of Health, Code of Waste Disposal Regulations, Parts IV and V

 

Stormwater detention basin and snow storage sites

C

C

X

C

P

 

 

Toxic chemical storage and oil pipelines

X

X

X

X

X

Subsections (1) through (5) of this section

 

Wood preservative treatment facilities

X

C

X

C

C

 

 

Stormwater: UAC R317-8-3.9(1)(a) – (d)

Pretreatment: Contact local municipal wastewater plant

UAC: Utah Administrative Code

UDDWQ: Utah Division of Drinking Water Quality

UDOGM: Utah Division of Oil, Gas, and Mining

UDSW: Utah Division of Solid Waste

RCRA: Resource Conservation and Recovery Act

(2) Storage Containers. All regulated substances shall be stored in suitable containers to reduce the chance for the substances to be accidentally introduced into the environment. These storage containers shall be product-tight and, except where provided elsewhere in this chapter, shall be provided with a means to control spillage (primary containment) and to contain or drain off spillage and fire-protection water discharged in the storage area (secondary containment).

Storage containers which are stored outside must be covered or mounted to prevent the accumulation of rain or other water on the top of the container, or the degradation of the top, sides or bottom of the container, in a manner that would lead to the reduction of the integrity of the container. Defective storage containers shall be removed from service for repair or disposal in accordance with local, state, and federal standards.

(3) Secondary Containment. Where secondary containment is required, it shall be constructed of a material of sufficient structural integrity and composition to contain the required capacity of liquids and not be structurally weakened as a result of contact with the discharge of the regulated substance to be contained. The material shall be free of cracks, joints, gaps, or other imperfections that would allow leakage through the containment material.

The secondary containment system shall have sufficient capacity to contain (a) 10 percent of the volume of all containers and 100 percent of the volume of the largest single container, whichever is greater, plus (b) the design flow rate of the automatic fire extinguishing system (for 20 minutes) for the area or room in which the storage is located. If the storage area and/or containment area is open to rainfall, the secondary containment system must also accommodate the volume of a 24-hour rainfall as determined by a 25-year storm frequency. Liquid that accumulates in the secondary containment system shall be removed in as timely a manner as necessary to prevent overflow of the system. Nonhazardous liquids may be drained in accordance with applicable local regulations. If the collected material is a hazardous waste under 40 CFR 261, it must be managed as a hazardous waste in accordance with all applicable requirements of 40 CFR 262 through 266.

Vacuum suction devices, absorbent scavenger materials or other devices approved by the department shall be present on site or available to facilitate the removal or further containment of spilled regulated substances. Devices or materials shall be available in sufficient magnitude so as to at least control and collect the total quantity of regulated substances that the containment system is designed to contain. Emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances plus absorbent material.

(4) Regulated Substances Emergency Management Plan. An emergency plan shall be prepared and filed with the department, the fire department, the police department, and the PWS indicating the procedures that will be followed in the event of the release of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from discharging into any storm or sanitary drains or the ground. Facilities which have had, or appear to have had, unauthorized discharges to soil or groundwater shall be required by the department to submit a regulated substances management plan for the facility. The written plan will be used to demonstrate to the department that the facility owner or operator understands the procedures and has the proper equipment to handle regulated substances within the guidelines of this chapter. The plan should not be implemented without the approval of the department.

(5) Reporting of Spills. Any spill of a regulated substance in excess of the nonaggregate quantity thresholds established by the list of hazardous waste (40 CFR 261, Subpart D), 40 CFR 261 Appendix VIII, Hazardous Constituents, and EPA Designation Reportable Quantities and Notification Requirements for Hazardous Substances under CERCLA (40 CFR 302) shall be reported by telephone to the city and designated water utility within one hour of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report shall be submitted to the city within 15 days of discovery of the spill.

(6) Best Management Practices. Under the provisions of this chapter, all potential contamination sources within the city’s boundaries shall incorporate and utilize best management practices (BMPs) in their operations. BMPs that reduce the potential for spills and leaks at a site to occur and enter groundwater shall be construed within the context of this chapter to include, but not be limited to, structural and nonstructural practices, conservation practices, and operation and maintenance procedures as specified by the Utah Department of Drinking Water Quality and the U.S. Environmental Protection Agency.

(7) Underground Storage Tanks. Installation of any new underground storage tanks used to store regulated substances for either residential or nonresidential activities in recharge areas and protection zones designated under RCC 18.115.040(2) and (3) shall require a secondary containment system for the tank and associated underground piping, and an automatic leak detection system.

A permit from the Division of Environmental Remediation and Response shall be required for the removal or closure of USTs. The permit shall require that leaking tanks be pumped dry and removed from the ground by a state-licensed company. If removal of the UST(s) is not feasible, the lines shall be disconnected and capped and the tank shall be filled with an inert substance such as washed sand.

Best management practices implementation is required for all underground storage tanks.

(8) Septic Tank Systems. No person shall place, maintain, or operate on-site sewage disposal from a septic tank within the primary recharge area, Zone No. 1 or 2, or within 300 feet of any public street in which a public sewer is laid. Septic systems in Zone Nos. 3 and 4 shall comply with the Utah State Department of Health Care of Waste Disposal Regulations, Parts IV and V.

Nonresidential activities that have septic tank systems shall have installed a four-inch-diameter vertical pipe with a locked cap or locked top in the top of the septic tank. This monitoring pipe shall be located in a manner which will permit ready access by department personnel to extract representative samples to check for improper/unauthorized disposal of regulated substances.

A septic holding tank that does not discharge into the soil would be preferred. The contents of a septic holding tank are removed, and can be treated or disposed of at an appropriate facility.

(9) Sewage Collection, Transmission and Disposal. No person shall discharge treated or untreated sewage in any area not specifically designated for that purpose by the department. The owner or operators of any wastewater treatment plant, sanitary sewer, force main, gravity sewer, or lateral shall notify the department within 24 hours of discovering a break that may or does result in the leakage of sewage. Emergency telephone numbers will be prominently displayed on all sewage lift stations within Zone Nos. 1, 2, 3, and 4, and the primary recharging area.

All leaking sewage collection and transmission pipes shall be repaired or replaced. New sewage collection and transmission pipes shall be installed according to acceptable construction standards and shall have routine inspections during and after construction.

No person shall place, maintain, or operate a wastewater treatment plant within Zone No. 1 or 2.

(10) General Stormwater Management. All future stormwater management systems to be constructed and implemented for facilities within the protection zones and recharge areas shall be permitted in accordance with applicable local, state, and federal laws and regulations.

The discharge of stormwater into drainage wells or open sinkholes shall be prohibited without some form of treatment. This treatment shall be applied to at least the first one-half inch of runoff from the area tributary to the well or open sinkhole.

The clean water and stormwater regulations require municipalities and industries to identify, monitor, and limit urban runoff that may enter rivers, thus potentially affecting groundwater quality.

(11) Deicing Salt Storage and Application. Deicing salt shall be stored on an impermeable pad and shall be covered. Deicing salt application shall use best management practices and shall evaluate substitute products and technologies.

(12) Landfills. Expansion or creation of new landfills is prohibited in the primary recharge area and Zone Nos. 1 and 2. Existing landfills in the Primary Recharge Area or in Protection Zone No. 1 shall be required to comply with the provisions of UAC R315-301-1 through R315-301-5. Landfills shall develop and implement a landfill monitoring program. The monitoring shall include the vadose zone and groundwater. If the monitoring detects contamination, the following corrective measures may be required:

(a) Cover the landfill with suitable low-permeability materials and minimize the application of supplemental water to reduce infiltration of moisture.

(b) Install groundwater containment and treatment actions, additional monitoring, and erosion controls as required.

(13) Environmental Quality Monitoring. Facilities which have had, or appear to have had, unauthorized releases to soil or groundwater shall be required by the department to monitor soil and groundwater in and adjacent to the facility. At the request of the department, the facility will submit a monitoring plan for department review. The plan shall be implemented with the approval of the department. Facilities that undergo closure may be required to monitor soil and groundwater in and adjacent to the facility subject to closure. The operator of the facility will pay for all costs associated with the closing and monitoring of the site. [Amended during 2011 recodification; Ord. 4-21-98-2 § 1 (Exh. A § 12-251-030). Code 1997 § 12-335-030.]

18.115.070 Exclusions and exemptions.

Exclusions and exemptions shall not pertain to Zone Nos. 1 and 2 within 100 feet of the wellfield in the recharge areas.

(1) Exclusions. The following substances are not subject to the provisions of this chapter; provided, that these substances are handled, stored, and disposed of in a manner that does not result in an unauthorized release or cause contamination of the groundwater:

(a) Required substances stored at residences that do not exceed 10 pounds or five gallons and used for personal, family, or household purposes.

(b) Commercial products limited to use at the site solely for office or janitorial purposes when stored in total quantities of less than 20 pounds, or 10 gallons.

(c) Prepackaged consumer products available through retail sale to individuals for personal, family, or household use, that are properly stored.

(d) Water-based latex paints.

(e) Fertilizers and treated seed (except as noted in this chapter).

(f) Pesticide products and materials intended for use in weed abatement, pest control, erosion control, soil amendment or similar applications when applied in accordance with manufacturer’s instructions, label directions, and nationally recognized standards.

(g) Compressed gases.

(h) Substances or mixtures that may pose a hazard but are labeled pursuant to the Federal Food, Drug, and Cosmetic Act.

(2) Continuous Transit. The transportation of any regulated substance(s) through any protection zone or recharge area shall be allowed; provided, that the transporting vehicle is in continuous transit.

(3) Vehicular and Lawn Maintenance Fuel and Lubricant Use. The use of any petroleum product solely as an operational fuel in the vehicle or lawn maintenance fuel tank or as a lubricant in such a vehicle shall be exempt from the provisions of this chapter. These spent products shall be properly disposed of in compliance with applicable federal, state, and local regulations. [Ord. 4-21-98-2 § 1 (Exh. A § 12-251-035). Code 1997 § 12-335-035.]

18.115.080 Enforcement, violation, and penalties.

(1) Inspections. The department shall be granted the right, under this chapter, to enforce the provisions of this chapter for the city of Riverton. An authorized officer of the city of Riverton or the PWS has the right to conduct inspections of facilities to determine compliance with this chapter. The authorized officer or the PWS shall inform the department and other city entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the city of Riverton shall enforce the provisions of this chapter without regard to whether the wells within the city of Riverton boundaries are owned by the city of Riverton. Noncompliance with the provisions of this chapter is a violation. If the facility is not complying with the requirements of this chapter, penalties (i.e., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. This chapter regulates businesses within the protection zones and primary and secondary recharge areas within the city.

(2) Notice of Violations. Whenever it is determined that there is a violation of this chapter or the regulations promulgated pursuant hereto, the notice of violation shall:

(a) Be in writing;

(b) Be dated and signed by the authorized city agent that made the inspection or determined the violation;

(c) Specify the violation or violations;

(d) Provide a specific date that the violations will be corrected by;

(e) State that if the violation is not corrected by a specific date a hearing may be requested before the city.

If a potential contaminant source (PCS) is out of compliance with the provisions of this chapter, but does not pose an immediate threat to public health, then a written warning of violation may be issued within 30 days. The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the city if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the city may initiate proceedings for issuance of penalties and other relief as necessary.

Any PCS or person found in violation of any provision of this chapter will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance. Violations of the provisions of this chapter constitute a misdemeanor, punishable as provided by law. In the event of a spill, leak or discharge of a regulated substance, if it deems the activity to pose a real and present danger of contaminating surface or groundwater which would normally enter the public water supply, the city has the authority under this chapter to cause cessation of said activity or use of regulated substance, require administrative controls to mitigate said danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of this chapter if use of regulated substances in a protection zone or primary or secondary recharge area exceeds 20 gallons or 160 pounds at any time. The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

(3) Appeals. Persons cited under the enforcement provisions of subsections (1) and (2) of this section shall be afforded a process for appealing the ruling of the department. If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the PCS can submit to the department a written statement demonstrating compliance or explaining a process for coming into compliance. The written response is required no later than 30 days from the date of issuance of the warning.

If the appeal pertains to a cease and desist order issued by the department, the PCS can submit a written appeal response no later than 10 days from the date of issuance of the order. The written appeal shall contain:

(a) Documentation of compliance; or

(b) Response to specific violations cited in the cease and desist order and the remedial actions planned to bring the facility into compliance; and

(c) Schedule for compliance.

Upon receipt of the written appeal, the department shall be required to review the appeal within 10 days of its receipt and respond to the PCS. If the department determines that the written response from the PCS is adequate and noncompliance issues are addressed, the PCS will be notified by mail and no further action is required. If the department determines that the appeals response is inadequate, the PCS may request a hearing before the department. This hearing shall be held within 30 days of receiving the cease and desist order and shall remain in effect until the hearing is conducted. [Amended during 2011 recodification; Ord. 4-21-98-2 § 1 (Exh. A § 12-251-040). Code 1997 § 12-335-040.]

18.115.090 Other.

(1) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other restrictions, including land use codes or development regulations, conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

(2) Disputes. Disputes arising from the delineation of DWSP zones and primary and secondary recharge areas shall be directed to the drinking water source protection review committee to review specific detailed delineation maps showing the boundaries. The boundaries have been defined, for ease of implementation of this chapter, according to major city streets.

(3) Review of This Chapter. The city, the drinking water source protection review committee, and all water utilities whose wells and/or springs lay within the city boundaries shall review the provisions of this chapter at least once every five years, or more frequently if determined appropriate by the city, to determine its applicability and may incorporate changes as deemed appropriate. [Ord. 4-21-98-2 § 1 (Exh. A § 12-251-045). Code 1997 § 12-335-045.]

18.115.100 Liability.

Any person subject to regulation under this chapter shall be liable with respect to regulated substances emanating on or from the person’s property for all cost of removal or remedial action incurred by the city or the PWS and for damages for injury to, destruction of, or loss of natural resources, including the reasonable cost of assessing such injury, destruction, or loss from the release or threatened release of a regulated substance as defined by this chapter. Such removal or remedial action by the city or the PWS may include, but is not limited to, the prevention of further contamination of groundwater, monitoring, containment, and cleanup or disposal of regulated substances resulting from spilling, leaking, pumping, pouring, emitting, or dumping of any regulated substance or material which creates, or is expected to create, an emergency hazardous situation. [Amended during 2011 recodification; Ord. 4-21-98-2 § 1 (Exh. A § 12-251-050). Code 1997 § 12-335-050.]

18.115.110 Administration.

The policies and procedures for administration of any protection zone or primary and secondary recharge area established under this chapter, including without limitation those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in any existing zoning ordinance in the city, as the same is presently enacted or may from time to time be amended.

 

Exhibit 1

Generic Regulated Substance List
 

Acidic and basic cleaning solutions

Animal dips

Antifreeze and coolants

Arsenic and arsenic compounds

Battery acids

Bleaches and peroxide

Brake and transmission fluid

Brine solution

Casting and foundry chemicals

Caulking agents and sealants

Cleaning solvents

Corrosion and rust preventatives

Cutting fluids

Degreasing solvents

Disinfectants

Dyes

Electroplating solutions

Engraving and etching solutions

Explosives

Fertilizers

Fire extinguishing chemicals

Food processing waste

Formaldehyde

Fuels and additives

Glues, adhesives and resins

Greases

Hydraulic fluid

Indicators

Industrial and commercial janitorial supplies

Industrial sludges and stillbottoms

Inks, printing, and photocopying chemicals

Laboratory chemicals

Liquid storage batteries

Medical, pharmaceutical, dental, veterinary, and hospital solutions

Mercury and mercury compounds

Metal finishing solutions

Oils

Painting solvents

Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds

Pesticides and herbicides

Photo development chemicals

Plastic resins, plasticizers and catalysts

Poisons

Polishes

Polychlorinated biphenyls (PCBs)

Pool chemicals

Processed dust and particulates

Radioactive sources

Reagents and standards

Refrigerants

Roofing chemicals and sealers

Sanitizers, disinfectants, bactericides, and algaecides

Soaps, detergents and surfactants

Solders and fluxes

Stripping compounds

Tanning industry chemicals

Transformer and capacitor oils and fluids

Wastewater

Water and wastewater treatment chemicals

Exhibit 2

Map of Primary and Secondary Recharge Areas2

[Ord. 4-21-98-2 § 1 (Exh. A § 12-251-055). Code 1997 § 12-335-055.]


1

Code reviser’s note: Ord. 11-16 repeals Ord. 4-21-98-2, but the repeal was not intended to affect this chapter. The intent was to repeal only those provisions of Ord. 4-21-98-2 relating to areas of flood hazard (formerly codified in Code 1997 § 12-350).


2

Code reviser’s note: Exhibit 2 is on file with the city.