Chapter 8.10
INSTITUTIONAL CONTROLS ORDINANCE FOR BINGHAM JUNCTION, JORDAN BLUFFS AND DESIGNATED RIGHTS-OF-WAY

Sections:

8.10.010    Purpose.

8.10.020    Scope.

8.10.030    Definitions.

8.10.040    Groundwater and monitoring wells.

8.10.050    Jordan Bluffs West.

8.10.060    Jordan Bluffs West—Covers and materials management.

8.10.070    Jordan Bluffs West—Water management.

8.10.080    Jordan Bluffs West—Construction, development, and excavations after initial development.

8.10.090    Bingham Junction South.

8.10.100    Bingham Junction South—Covers and materials management.

8.10.110    Bingham Junction South—Water management.

8.10.120    Vapor mitigation at Bingham Junction North and South.

8.10.130    Bingham Junction South—Single family use development.

8.10.140    Bingham Junction North Zone B and Jordan Bluffs East.

8.10.150    Bingham Junction North Zone B, Jordan Bluffs East, riparian zone and rights-of-way areas—Materials management.

8.10.160    Bingham Junction North Zone B and Jordan Bluffs East—Single family use development.

8.10.170    Bingham Junction and Jordan Bluffs—Clean utility corridors.

8.10.010 Purpose.

The institutional controls ordinance for Bingham Junction, Jordan Bluffs and designated rights-of-way (the “IC ordinance” or “ordinance”) sets forth the requirements and procedures for the public institutional controls (“ICs”) for the redevelopment and reuse of the Bingham Junction and Jordan Bluffs properties, both of which have been or will be fully remediated under the federal Superfund program, also known as CERCLA. Generally speaking, the purpose of the ICs adopted in this chapter is to prevent unacceptable human exposure to contaminants that remain on site by ensuring the protection, maintenance, and improvement of physical barriers that have been or will be placed on the various properties. This chapter also addresses contaminated groundwater issues in certain areas.

This chapter has been prepared as a mechanism to assure that consistent and effective inspection and maintenance and enforcement activities are occurring and will occur in the future throughout the Bingham Junction and Jordan Bluffs properties.

The ICs in this chapter applicable to Bingham Junction are based upon the Institutional Control Process Plans for Operable Unit No. 1 and Operable Unit No. 2 of the Midvale Slag Site and the ICs for Jordan Bluffs are based upon the Institutional Control Process Plan for the Sharon Steel Site. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.020 Scope.

Unless otherwise expressly provided, this chapter extends to all parts of the Bingham Junction and Jordan Bluffs properties, as depicted in Figure A and Figure B, respectively, attached to the ordinance codified in this chapter. All development and other construction activities within the boundaries of the Bingham Junction and Jordan Bluffs properties must be performed in accordance with this chapter. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.030 Definitions.

In the construction of this chapter, the following words and phrases shall be as defined in this section unless a different meaning is specifically defined elsewhere in this title and clearly applies:

A.    “Bingham Junction North” means that portion of the Bingham Junction property as depicted in Figure C attached to the ordinance codified in this chapter. Bingham Junction North was originally designated by the EPA as “Operable Unit 1” or “OU1.”

“Zone A” means that portion of Bingham Junction North for which only groundwater and monitoring well controls are needed, as depicted in Figure D attached to the ordinance codified in this chapter.

“Zone B” means that portion of Bingham Junction North that has additional soil management requirements, as depicted in Figure E attached to the ordinance codified in this chapter.

B.    “Bingham Junction South” means that portion of the Bingham Junction property as depicted in Figure F attached to the ordinance codified in this chapter. Bingham Junction South was originally designated by the EPA as “Operable Unit 2” or “OU2.”

C.    “Calcine area” means that portion of the Bingham Junction South property as depicted in Figure G attached to the ordinance codified in this chapter.

D.    “Calcine material” consists of dense, fine-grained, purple-colored material and is located beneath demarcation materials within the calcine area. Calcine material contains relatively high levels of metals and has the potential to generate acidic conditions.

E.    “Cap” means that portion of the Jordan Bluffs property where an engineered cap has been installed over mine wastes.

F.    “Cap area” means that portion of the Jordan Bluffs property where the cap has been installed over tailings materials and other mine wastes, as depicted in Figure H attached to the ordinance codified in this chapter.

G.    “City” means the city of Midvale, Utah.

H.    “Clean fill” means a mixture of uncontaminated nonwater-soluble, nondecomposable, inert solid such as rock, soil or gravel, concrete, glass and/or clay or ceramic products. “Clean fill” shall not mean processed or unprocessed mixed construction and demolition debris. Material derived from a known source of contamination will not be considered clean fill unless sampled and approved by the city. Parties using clean fill will maintain a record of the source of the fill brought into the area and any sampling conducted on the fill material. This information will be provided to the city, UDEQ or EPA upon request.

I.    “Consent Decree” means the Remedial Design/Remedial Action Consent Decree entered in the matter of United States v. Littleson, Inc., Civ. No. 2:99CV0757 ST (U.S. District Court, Utah, 2004).

J.    “CUP” means conditional use permit.

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

L.    “EPA action level” means the level of lead, arsenic or cadmium that can remain safely in the soils. This level varies depending on the use of the property. The allowable levels of lead, arsenic and cadmium for Bingham Junction North and South for residential use are: arsenic seventy-three ppm, cadmium forty-nine ppm, and lead six hundred fifty ppm. The allowable levels of lead and arsenic for Jordan Bluffs East are: lead five hundred ppm and arsenic seventy ppm.

M.    “ICs” or “institutional controls” means the land use requirements and restrictions contained in this chapter for the safe management of contaminants that may be found in the air, water or soils of Bingham Junction North, Bingham Junction South, and Jordan Bluffs.

N.    “Jordan Bluffs West” means the portion of the property formerly known as the Sharon Steel Site that is overlain with an impermeable cap that requires special care, as depicted in Figure H attached to the ordinance codified in this chapter.

“Jordan Bluffs East” means the former mill area of the property formerly known as the Sharon Steel Site, that does not have an impermeable cap, as depicted in Figure I attached to the ordinance codified in this chapter.

O.    “Materials management plan” means a plan submitted to Midvale City with respect to any construction activities at the site involving potentially contaminated materials and demonstrating that such construction activities will be in compliance with the ICs contained in this chapter.

P.    “Multifamily use” means residential uses that do not include access to a yard that is owned and controlled by the resident, such as apartment complexes, condominiums, and multistory buildings.

Q.    “National Ambient Air Quality Standards” means the air quality standards codified at 40 CFR Part 50 and promulgated by the EPA pursuant to Section 109 of the federal Clean Air Act, 42 U.S.C. 7401 et seq.

R.    “Plume area” means that area within the Bingham Junction South and Bingham Junction North properties as depicted in Figure J attached to the ordinance codified in this chapter.

S.    “POA” means property owners’ association.

T.    “RCRA Subtitle D” means Subchapter IV of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6941 through 6949a.

U.    “RCRA Subtitle D landfill” means a landfill permitted and operated in compliance with RCRA Subchapter IV, including but not limited to landfills permitted and operated in compliance with Utah Administrative Code R315-301 through 311.

V.    “Rights-of-way” means the public rights-of-way depicted in Figure K attached to the ordinance codified in this chapter and the portion of 7800 South that runs between Jordan Bluffs and Bingham Junction South.

W.    “Riparian zone” means the area next to the Jordan River that is included in the park property owned by the city of Midvale.

X.    “Single family use” means residential land uses that include access to a yard that is owned and controlled by the resident, such as traditional single, detached housing units.

Y.    “Site” means the entire Jordan Bluffs, Bingham Junction North, and Bingham Junction South, and land areas.

Z.    “SMP” means the site modification plan relating to the Jordan Bluffs property, dated February 2, 2004.

AA.    “Source area” means that area within the Bingham Junction South property as depicted in Figure L attached to the ordinance codified in this chapter.

BB.    “Special inspector” means a registered professional engineer with the appropriate experience and knowledge to oversee implementation of applicable sections of this code. The special inspector will certify to the city that the applicable institutional controls set forth in this code have been followed in connection with such construction activities.

CC.    “Surface cover” means clean soil or fill used as a final cover and barrier over slag, smelter wastes and native soils at Bingham Junction South and over native soils and slag at Bingham Junction North.

DD.    “UDEQ” means the Utah Department of Environmental Quality.

EE.    “Union Pacific property” means the real property located within the Bingham Junction South property that is owned by Union Pacific Railroad and used only for transportation purposes.

FF.    “UTA” means the Utah Transit Authority.

GG.    “UTA property” means the real property located within the Bingham Junction South property that is owned or controlled by the UTA and used only for transportation purposes.

HH.    “Vapor mitigation area” means that area within the Bingham Junction property as depicted in Figure M attached to the ordinance codified in this chapter.

II.    “Waste materials” means hazardous substances under Section 101(14) of CERCLA, 42 USC Section 9601(14); pollutants or contaminants under Section 101(33) of CERCLA; and solid waste under Section 1004(27) of RCRA, 42 U.S.C. Section 6903(27). (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.040 Groundwater and monitoring wells.

A.    New groundwater wells are prohibited within the Bingham Junction North (Zone A and Zone B), Bingham Junction South, Jordan Bluffs West, and Jordan Bluffs East properties without the prior consent of the EPA, the UDEQ, and the State Engineer.

B.    No person shall disturb an existing monitoring well without the prior approval of the EPA and the UDEQ. New monitoring wells shall be approved by the EPA and the UDEQ. A rehabilitation or well replacement plan must accompany any request to disturb a monitoring well. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.050 Jordan Bluffs West.

This section through Section 8.10.080 apply only to the Jordan Bluffs West property unless otherwise specifically provided. The Jordan Bluffs West property includes an engineered cap covering tailings materials. The purpose of the cap is to prevent unacceptable exposures to the underlying mine wastes as well as to protect groundwater and surface water. It is important that the integrity of the cap be maintained through redevelopment and reuse of the property. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.060 Jordan Bluffs West—Covers and materials management.

A.    Site plan approval as required by Section 17-7-3 and regulated by Section 17-7-10 of the Midvale City zoning ordinance and Title 16, Subdivisions, shall be obtained before initial site development, future redevelopment or change in land use. Applications shall be made available through the city community and economic development department. In conjunction with the submittal of the preliminary site plan application, the applicant shall submit documentation that shall include an attestation that the applicant is aware of the current site condition and will comply with all institutional controls. All applicants must retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). Applicant submittals and requirements under the site plan approval process are summarized in this section, which are in addition to and in conjunction with the requirements identified in Sections 17-7-3 and 17-7-10 of the Midvale City zoning ordinance.

1.    The applicant shall submit a plan illustrating the proposed construction and development. Preliminary and final site plans for development shall be submitted for review and approval. Preliminary and final development plans shall specify the amount of existing and proposed soil cover over the cap as well as any proposed penetrations or alterations of the cap. Any proposal which includes penetrations or alterations of the cap must include detailed plans for repairing the cap in accordance with the SMP.

2.    Grading and drainage plans are required and shall specifically assure the protection of soil covers from erosion over the cap membranes and provide adequate drainage to prevent accumulation of water on the cap.

3.    Alterations to the existing operations and maintenance plan may be proposed by the applicant, the city or other party. The EPA and the UDEQ shall consider alterations to assure the proposed development site will be maintained in a manner which shall preserve the effectiveness of the cap.

4.    An air quality monitoring and dust suppression plan shall be provided. The plan must ensure that National Ambient Air Quality Standards and state and local air quality requirements are met for site contaminants at the boundary between the construction area and the developed areas. The applicant may request a waiver of the air monitoring requirements by submitting relevant data demonstrating compliance with all air quality standards under similar circumstances (similar weather conditions, construction operations, site materials, etc.).

B.    If any intrusive exploratory activities (such as excavations, borings, CPT soundings) or foundations (including piles or drilled shafts) are proposed for the cap area at depths that penetrate the cap, approval must first be obtained from the city. The request for approval must include a detailed description of the proposed exploration or construction activity as well as the mechanism(s) that will be used to prevent contamination of the aquifer and release of contaminated material. In addition, the plan shall be in conformance with the accepted SMP. The request must be approved by the city of Midvale prior to implementation of the work.

C.    A road cut permit shall be required for any work in the public right-of-way, per Chapter 12.12 of the Midvale City Code.

D.    All property within the Jordan Bluffs West property will be included within one or more property owners’ association(s) (“POA”). The POA will be established by the owner or authorized representative prior to subdivision plat approval for the Jordan Bluffs property. Membership in any and all POAs is a condition of development on the Jordan Bluffs property. The POA shall be responsible for maintenance and repair of the cap (including soil covers) beneath property within its boundaries. The city shall make necessary repairs to covers and barriers if the landowner or POA fails to do so in a timely or appropriate manner. In that event, the city shall have the right to recover its costs from the landowner or POA. The city shall also have the right, in its sole discretion, to charge the landowner a surcharge for the costs of the city’s work related to the property, in an amount established by ordinance.

E.    Reasonable efforts must be used to minimize penetration of the cap. Excess soil or tailings generated from underneath the cap either during development or after development will be managed in accordance with the accepted SMP. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.070 Jordan Bluffs West—Water management.

In order to reduce the risk of future groundwater contamination, the integrity of the cap will be maintained as provided in Section 8.10.060, no utilities will be located beneath the cap, and all surface water management (including storm water management during construction) will be in compliance with the SMP. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.080 Jordan Bluffs West—Construction, development, and excavations after initial development.

Development within the Jordan Bluffs West property may require the placement of additional soils above the existing cap as outlined in the SMP. With respect to any and all developed areas within the cap area after initial development, the POA shall oversee the landscaping and maintenance of all landscaped areas. A range of controls may be included within the responsibilities of the POA. At a minimum the controls shall include: for areas with less than three feet of cover soil over the cap, the POA shall take responsibility for any and all landscape installation and maintenance; for areas with greater than three feet thickness of soil covers, the POA may allow individual property owners to install and maintain landscaping insofar as regrading of the property does not occur. All landscape plans on individual properties shall be reviewed and approved by the POA to ensure adequate soil covers, appropriate irrigation, and approved planting plans. All plants must be on the approved list contained in the SMP. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.090 Bingham Junction South.

This section through Section 8.10.130 apply only to the Bingham Junction South property unless otherwise specifically provided. The Bingham Junction South property includes a surface cover underlain by a demarcation layer consisting either of slag material (minimum twenty-four inches) or a brightly colored geotextile material. It is presumed that materials located beneath the demarcation layer exceed the remediation goals established by the EPA for the property; however, this presumption may be rebutted as provided herein. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.100 Bingham Junction South—Covers and materials management.

A.    Surface Cover Maintenance. The individual landowners are responsible for maintenance and repair of surface covers on their property. The city shall have the right to make necessary repairs to surface covers if the landowner fails to do so in a timely or appropriate manner. In that event, the city shall have the right to recover its costs from the landowner. The city shall also have the right, in its sole discretion, to charge the landowner for the costs of the city’s work related to the property, in an amount established by ordinance. This right to impose these costs does not apply to the Union Pacific property or UTA property.

B.    Storage of Surface Covers, Slag Materials. Subject to subsection I of this section, materials excavated from beneath final surface covers must be segregated in a reasonable fashion from such surface cover materials. Where present, slag materials must also be segregated from materials underlying the slag. Storage of slag materials must also limit or prevent human and environmental exposure (e.g., limited access, dust suppression, etc.). Storage and management of excavated materials must be described in reasonable detail and performed in accordance with the materials management plan discussed in subsection G of this section.

C.    Storage of Materials from Below Demarcation Layer. Subject to subsection I of this section, materials excavated from below the demarcation layer may be stored on plastic and covered with plastic or cloth tarp for a single eight-hour work shift. Storage for up to twenty-four hours adjacent to the work area is permitted if the storage area is secured by temporary fencing. Storage beyond twenty-four hours must be in roll-off bins with secured tops or equivalent. In lieu of the foregoing specific management requirements for materials excavated from beneath the demarcation layer, it will be sufficient for a contractor to comply with applicable OSHA worker health and safety laws, rules, and regulations pertaining to such materials. Storage and management of excavated materials must be described in reasonable detail and performed in accordance with the materials management plan discussed in subsection G of this section.

D.    Replacement of Excavated Materials. Subject to subsection I of this section, reasonable efforts should be used to return excavated materials to the original excavation. If excavated materials are returned to the excavation, any materials beneath the demarcation layer must be placed first, with the demarcation layer being replaced to the excavation and compacted as appropriate, followed by restoration of an appropriate surface cover. To the extent practicable, any new demarcation layers must tie into existing demarcation layers prior to the placement of surface covers. If the demarcation layer consists of slag, the minimum thickness must be twenty-four inches; otherwise a brightly colored geotextile fabric must be used. Worn or damaged geotextile demarcation material in an excavated area must be replaced with new material. Any leftover waste material must be managed in accordance with this section.

E.    Relocation of Excavated Materials. Reasonable efforts should be used to appropriately redistribute excess materials excavated from beneath final surface covers within the area of excavation, in accordance with the requirements of this section. However, except for calcine material, excess excavation materials may also be relocated to any area within the Bingham Junction South property. Calcine materials may be relocated only in areas that are within the calcine area, without further approval from the EPA and the UDEQ. In connection with the relocation of such excess excavation materials, a demarcation layer consisting of a minimum twenty-four-inch layer of slag or other appropriate demarcation material shall be placed on top of any relocated materials, followed by an appropriate surface cover. Worn or damaged geotextile demarcation material must be replaced with new material. Any new demarcation layers shall, to the extent practicable, tie into existing demarcation layers prior to placement of surface covers. Compaction requirements from the city of Midvale must be satisfied. If the surface cover consists of a vegetated soil cover, the minimum depth must be eighteen inches (twenty-four inches for residential use) and the area must be reseeded and vegetation reestablished. Relocation of materials to undeveloped areas of Bingham Junction South must not result in slopes exceeding the maximum slope established in the remedial design for Bingham Junction South or otherwise adversely affect storm water management systems.

F.    Off-Site Disposal. Subject to subsection I of this section, any soils or other materials from beneath the demarcation layer that must be disposed off site must be disposed in a permitted landfill. Wastes must be characterized in accordance with the requirements of the permitted disposal facility and disposed of in accordance with applicable federal and state hazardous and solid waste laws. Off-site disposal of waste material in excess of ten cubic yards must also comply with Paragraph 13 of the Consent Decree. Excess slag materials may also be beneficially reused off site as engineered fill as well as aggregate in concrete. Any beneficial reuse shall be explained in the materials management plan.

G.    Environmental Plans and Approvals. Site plan approval as defined and required by Section 17-7-3 and regulated by Section 17-7-9 of the Midvale City zoning ordinance shall be obtained before initial site development, future redevelopment or change in land use. Environmental plan applications shall be made available through the city community and economic development department. In the application, the applicant shall disclose the presence of hazardous substances on the site and identify the type and location of reports pertaining to the location and type of hazardous substances on the site. In conjunction with the submittal of the preliminary site plan application, the applicant shall submit, to the city community and economic development department, documentation that shall include an attestation that the applicant is aware of the current site condition and will comply with all institutional controls. Applicant submittals and requirements under this section are summarized in this section, which are in addition to and in conjunction with the requirements identified in Sections 17-7-3 and 17-7-9 of the Midvale City zoning ordinance:

1.    Development and Final Cover Plans. The applicant shall submit a plan illustrating the proposed construction and development. Final cover plans for the development shall be submitted for review and approval. Preliminary and final cover plans must designate the type and location of final covers.

2.    Materials Management Plan. A materials management plan must be provided with respect to any construction activities that involve the management of potentially contaminated materials (e.g., slag or underlying materials). The materials management plan must demonstrate that all such construction activities will be in compliance with this chapter. All applicants must retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB).

3.    Dust Suppression and Monitoring Plan. An air quality monitoring and dust suppression plan shall be provided with respect to any construction activities that involve the management of potentially contaminated materials (e.g., slag or underlying materials). The plan will ensure that National Ambient Air Quality Standards are met for site contaminants at the boundary between the construction area and the developed areas in addition to state or local air quality requirements. The applicant may request a waiver of the air monitoring requirements by submitting relevant data demonstrating compliance with all air quality standards under similar circumstances (similar weather conditions, construction operations, site materials).

4.    Surface Cover Drainage Plans. Surface cover drainage plans will be required and shall specifically demonstrate the protection of surface covers from erosion and ensure that drainage patterns are appropriate and consistent with the ICs for the groundwater remedy adopted by the EPA.

5.    Monitoring and Maintenance. A proposed monitoring and maintenance plan must be provided by the applicant to ensure that all surface covers on the proposed development site will be maintained in accordance with this code.

6.    Road Cut Permit. A road cut permit shall be required for any work in the public right-of-way that breaches final site covers, per Chapter 12.12 of the Midvale City Code.

H.    Intrusive Activity Plan. If any intrusive exploratory activities (such as excavations, borings, CPT soundings) or foundations (such as piles or drilled shafts) are proposed for the source or plume areas (as depicted in Figures L and J attached to the ordinance codified in this chapter) at depths greater than twenty feet, plan approval must first be obtained from the city of Midvale. The plan must include a detailed description of the proposed exploration or construction activity as well as the mechanism(s) that will be used to prevent cross-contamination between the two aquifers. The plan must be approved by the city of Midvale prior to implementation of the work.

I.    Procedures for Testing Materials. Excavated materials, soils, slag, and other materials excavated from beneath the final covers, barriers, and demarcation layers shall not be subject to the materials management provisions of subsections (B) (C) and (D) of this section, for use within the Bingham Junction or Jordan Bluffs areas, if the results of voluntary testing of a representative sample of such materials are at or below the EPA action level applicable to Bingham Junction South. Material testing below the EPA’s action level for Bingham Junction South, but above the EPA’s four hundred ppm screening level for lead, shall not be considered clean fill for uses outside the Bingham Junction or Jordan Bluffs area from which it was excavated, without prior approval of the city, the UDEQ and the EPA. Procedures and protocols for testing of such excavated materials shall be approved in advance by the city, the UDEQ and the EPA on a case-by-case basis.

J.    Notice to Contractors. Contractors performing earthwork within the Bingham Junction South property will be informed of the presence of contamination and informed of applicable EPA documents. Contractors will be required to comply with applicable environmental laws and regulations, including OSHA. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.110 Bingham Junction South—Water management.

The shallow aquifer beneath a portion of the Bingham Junction property is contaminated, primarily with arsenic, as well as other substances. The source area as depicted in Figure L attached to the ordinance codified in this chapter contains significant amounts of arsenic that impacts groundwater. Water management on portions of the Bingham Junction property will also focus on preventing new sources of water from affecting the extent, direction, and flow of the arsenic plume within the source and plume areas.

A.    Source and Plume Area Definition—Subdivision. The source and plume areas depicted in Figures L and J attached to the ordinance codified in this chapter are merely illustrative. At the time that subdivision (as defined by the Midvale City Code) occurs on any property within a source or plume area, the boundaries of these areas will be specifically noted by the developer on the small scale master plan, subdivision plat, and/or other permanent record maintained by Midvale City for purposes of compliance.

B.    Unlined Storm Water Detention Basins. Unlined storm water detention basins are prohibited within the boundaries of or within one hundred feet of a source or plume area. Liners of detention basins must be impervious as determined and approved by the city (detention basins will be shown on construction plans relative to source area boundaries and will be included in site plan applications).

C.    Wet Utilities and Irrigated Areas.

1.    Slag Bedding Prohibited. Wet utilities may not be bedded in slag material. However, slag material may be used as backfill for wet utilities, above the pipe zone, as per APWA standards.

2.    Flowfill or Equivalent Bedding. All wet utilities traversing a source or plume area must be bedded with flowable concrete (flowfill), “welded” HDPE pipe, or equivalent engineering solution acceptable to the city. (Wet utility locations must be shown on construction plans relative to source area boundaries and will be included in site plan applications.)

3.    Collars or Equivalent. Low-permeability collars (or equivalent engineering controls acceptable to the city) will be required for all wet utilities within one hundred feet of the source area or plume area and that traverse a source area or plume area somewhere along the utility alignment. If used, collars will be installed at fifty-foot intervals. Collar designs or other equivalent engineering control design will be submitted with the construction permit and site plan application.

4.    Surface Irrigation Restrictions. Within source areas, developers must provide a mechanism to limit infiltration of irrigation water. Minimum measures for source areas may include installing a buried impermeable barrier with drain system conveying excess water to the storm drain system beneath irrigated areas (or alternative with equivalent performance as accepted by the city). Large shrubs or trees may be placed in sealed planter boxes (the location of irrigated areas and piping will be shown on construction plans relative to source areas and will be included in site plan applications).

5.    Irrigation Plans. For nonresidential development within source areas, all building permit applicants will be required to submit to the city an irrigation plan in order to implement the requirements in subsection (C)(4) of this section. The city will have the responsibility of approving and overseeing the implementation of the irrigation plan.

6.    POAs. For residential development within source areas, property owners’ associations will have the responsibility of reviewing, approving, and overseeing the implementation of irrigation plans.

D.    Concrete Rubble. Concrete rubble may not be used as fill material below the historic high water table within one hundred feet of a source or plume area.

E.    Construction Dewatering. Disposal of contaminated construction wastewater must be done in accordance with applicable environmental regulations (to be included in site plan application). (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.120 Vapor mitigation at Bingham Junction North and South.

Unless risks posed by vapors from chlorinated organic contaminants (i.e., PCE) are demonstrated to be below a level of concern to the satisfaction of Region 8 EPA, for residential buildings within the area depicted in the vapor mitigation area, appropriate vapor mitigation measures will be implemented. Appropriate measures may include passive mitigation installed in connection with initial building construction or other periodic vapor monitoring and mitigation if required in the future. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.130 Bingham Junction South—Single family use development.

A.    Scope. The following controls have been developed to permit single family use development on the Bingham Junction South property. The clean fill barrier portion of the materials must be at least twenty-four inches for single family use. Additional cover material may also be installed. This section does not apply to the Union Pacific or UTA property or to multifamily use property.

B.    New Single Family Use Developments. As part of the city’s small area master plan process, developments including single family use will be subject to the following additional requirements:

1.    CUP Approved Depth. At the time that the CUP for the small scale master plan is granted for areas designated for single family use, the city will identify the depth of clean fill for the specific single family use development area (“CUP approved depth”). The CUP approved depth will be a uniform depth of fill number equal to the most shallow fill area located within the relevant development area.

2.    Grading Plans. Grading plans must demonstrate that the depth of clean fill for single family use development will be equal to or greater than the CUP approved depth upon completion of initial home construction.

3.    Irrigation Plans—Source Areas. For any single family use development within a source area, an irrigation plan must be submitted to the city that demonstrates that all surface irrigation activities will be in compliance with the requirements of Section 8.10.110(C)(4).

4.    POAs. Conditions, covenants and restrictions to be filed with the subdivision plat which include the creation of a property owners’ association in order to oversee compliance with applicable excavation and grading restrictions as identified in Section 8.10.100. For residential development within source areas, property owners’ associations will have the responsibility of reviewing, approving, and overseeing the implementation of irrigation plans for residential areas as required by Section 8.10.110.

5.    Materials and Water Management. In single family use developments, the requirements set forth in Sections 8.10.100 and 8.10.110 will apply to all activities leading up to and including initial home construction, including placement of clean fill, lot grading, and landscaping to the extent completed prior to the issuance of a certificate of occupancy.

6.    Certificate of Occupancy. In order to receive a certificate of occupancy for a single family use dwelling, the developer or owner must demonstrate to the city that the final depth of surface cover meets or exceeds the CUP approved depth.

C.    Activities Subject to Building Permit after Initial Home Construction.

1.    For all activities after initial home construction that require a building permit which involve excavations exceeding the CUP approved depth, a materials management plan will be required as part of the Midvale City building permit and inspection process. The city will oversee implementation of the materials management plan. All building permit applicants requiring a materials management plan must retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). Prior to issuance of a certificate of occupancy by the Midvale City building official, the owner or developer will submit a certification that final depth of surface cover meets or exceeds the CUP approved depth.

2.    Subject to Section 8.10.100(I), all materials from excavations deeper than the demarcation layer (including slag materials) will be segregated to prevent mixing with the surface cover soils and will be managed, and demarcation materials and surface covers replaced, in accordance with Section 8.10.100.

D.    Activities Not Subject to Building Permits after Initial Home Construction.

1.    In single family use areas where the CUP approved depth is equal to or greater than four feet it is not expected that individual homeowners will engage in non-permitted excavation activities that will exceed the depth of the surface cover material. However, homeowners will be required to manage materials excavated from beneath demarcation layers, including slag materials, as provided in Section 8.10.100. However, no additional institutional controls will apply to excavation activities not otherwise subject to building permits in these areas.

2.    In residential areas subject to institutional controls where the CUP approved depth is less than four feet, the following institutional controls will apply to certain activities that do not otherwise require a building permit:

a.    All property owners must submit a landscape and, if applicable, grading plan to the POA prior to beginning any landscaping or grading activities. The POA shall ensure that the CUP approved depth is maintained and preserved through the landscaping process.

b.    All grading activities which result in a final area with less than the CUP approved depth are prohibited. Importation of clean fill will be required to achieve desired landscaping elevations. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.140 Bingham Junction North Zone B and Jordan Bluffs East.

This section through Section 8.10.160 apply only to the Bingham Junction North Zone B and Jordan Bluffs East property unless otherwise specifically provided. The Bingham Junction North Zone B and Jordan Bluffs East properties include a native surface layer that may contain some contaminants above EPA action levels for single family use, overlain by varying thicknesses of surface cover. Unlike the Bingham Junction South property, there is no readily identifiable demarcation layer between the surface cover and the native soil surface. Limited amounts of slag may also be encountered within the Bingham Junction North Zone B property. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.150 Bingham Junction North Zone B, Jordan Bluffs East, riparian zone and rights-of-way areas—Materials management.

A.    Off-Site Disposal. All excess excavated soils in excess of five cubic yards, not otherwise relocated within the Bingham Junction North property, that the landowner or developer elects to haul off site for disposal, must be disposed of in an RCRA Subtitle D landfill unless the excavated soils are demonstrated to satisfy applicable EPA action levels. Wastes must be characterized in accordance with the requirements of the permitted disposal facility and disposed of in accordance with applicable federal and state hazardous and solid waste laws. Excavated soils of five cubic yards or less require no additional precautions.

B.    Slag Materials. Slag visible at the surface either prior to or after site grading will be excavated and handled by one of the following methods: (1) placed under roadways constructed in city rights-of-way, in parking lots, or in similar areas; (2) covered with a minimum of two feet of surface cover; or (3) disposed in an RCRA Subtitle D landfill.

C.    Procedures for Testing Materials. Excess excavated materials, soils, slag, and other materials shall not be subject to this materials management provision if the results of voluntary testing of a representative sample of such materials are at or below the applicable EPA action levels.

D.    Notice to Contractors. Contractors performing earthwork within the Bingham Junction North property will be informed of the presence of contamination and informed of applicable EPA documents. Contractors will be required to comply with applicable environmental laws and regulations, including OSHA. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.160 Bingham Junction North Zone B and Jordan Bluffs East—Single family use development.

A.    Scope. The following controls have been developed to permit single family use development on the Bingham Junction North Zone B and Jordan Bluffs East property in areas where the EPA has determined that the original native soil layer may contain contaminants at levels exceeding EPA action levels. These areas are depicted in the document included here as Figure E attached to the ordinance codified in this chapter. In such areas, a surface cover of at least twenty-four inches must be in place for single family use and the following institutional controls will apply. Additional surface cover may also be installed, or unrestricted future use may be achieved by performing a sampling removal process similar to that approved by the EPA and the UDEQ previously in Bingham Junction North. Any plan to achieve unrestricted future use must be approved and overseen by the UDEQ and the EPA.

B.    New Single Family Use Developments. As part of the city’s small area master plan process, developments including single family use will be subject to the following additional requirements:

1.    CUP Approved Depth. At the time that the CUP for the small scale master plan is granted, the city will identify the depth of surface cover for the specific development (“CUP approved depth”). The CUP approved depth will be a uniform depth of surface cover equal to the most shallow surface cover area located within the relevant development area. Grading plans will indicate the depth of surface cover on residential and recreational lots.

2.    CC&Rs. Conditions, covenants and restrictions to be filed with the subdivision plat which include the creation of a property owners’ association and nonbuilding permit excavation and grading restrictions (applicable to periods after initial home construction) as identified in Section 8.10.150 and subsection (B)(4) of this section.

3.    New Home Construction. The following additional institutional controls will apply to all single family use construction in areas of the Bingham Junction North Zone B and Jordan Bluffs East property where the EPA has determined that the native soils may contain contaminants exceeding applicable EPA cleanup levels:

a.    Special Inspector. All building permit applicants for construction of a single family use residential unit must retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). Prior to issuance of a certificate of occupancy by the Midvale City building official, the special inspector will submit a certification that final surface cover depth meets or exceeds the CUP approved depth.

b.    Materials Management. All materials from excavations deeper than the CUP approved depth (“restricted materials”) shall be subject to a materials management plan. All materials will be segregated to prevent mixing with the surface cover; except that any excavated materials that the special inspector certifies do not contain contaminants at levels above EPA action levels will not be considered “restricted materials.” All restricted materials will be (i) placed back in the excavation (where feasible) at or below the applicable depth, compacted as appropriate, and the surface cover replaced at an elevation not less than the original CUP approved depth; (ii) relocated to areas within the Bingham Junction North property intended for uses other than residential; or (iii) disposed of in an RCRA Subtitle D landfill.

4.    Excavation Activities Requiring Building Permit after Initial Home Construction. For all activities after initial home construction that require a building permit and involve excavations below the CUP approved depth, a materials management plan and a special inspector will be required as part of the Midvale City building permit and inspection process. The special inspector will oversee implementation of the materials management plan.

a.    Special Inspector. All building permit applicants for construction work within residential areas will be required to retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). The special inspector will certify to the city that the applicable institutional controls set forth in this chapter (as then applicable to such property and activity) have been followed in connection with such construction activities.

b.    Materials Management. All materials from excavations deeper than the CUP approved depth (“restricted materials”) will be segregated to prevent mixing with the surface cover; except that any excavated materials that the special inspector certifies do not contain contaminants at levels above EPA action levels will not be considered “restricted materials.” All restricted materials will be (i) placed back in the excavation (where feasible) at or below the applicable depth, compacted as appropriate, and the surface cover replaced at an elevation not less than the original CUP approved depth; (ii) relocated to areas within the Bingham Junction North property intended for uses other than residential; or (iii) disposed of in an RCRA Subtitle D landfill.

5.    Activities Not Subject to Building Permit Requirement.

a.    In single family use areas subject to this section, where the CUP approved depth is equal to or greater than four feet, no additional institutional controls will apply with respect to excavations not otherwise subject to building permits.

b.    In single family use areas subject to this section, where the CUP approved depth is less than four feet, the following additional controls will apply to excavations exceeding the CUP approved depth where no building permit is otherwise required:

i.    All property owners must submit a landscape and, if applicable, grading plan to the POA prior to beginning any landscaping or grading activities. The POA shall ensure that the CUP approved depth is maintained and preserved through the landscaping process.

ii.    All grading activities which result in a final area with less than the CUP approved depth are prohibited. Importation of surface cover will be required to achieve desired landscaping elevations. (Ord. 6/26/2007O-8 § 1 (Exh. A) (part), 2007)

8.10.170 Bingham Junction and Jordan Bluffs—Clean utility corridors.

Except as provided in Section 8.10.070, the cover and materials management provisions of this chapter in Sections 8.10.060, 8.10.100, 8.10.130, and 8.10.150 do not apply to clean utility corridors installed, approved, and maintained in accordance with this section. Clean utility corridors shall include those utility corridors located within the boundaries of Bingham Junction or Jordan Bluffs and identified in Figure N that meet the requirements in this section. Figure N shall be a compilation of as-built drawings (as amended from time to time and adopted by reference) identifying the location of installed clean utility corridors mapped using GPS coordinates. Said information shall also be included as a layer on the city’s GIS-based utility maps. In order to qualify as a clean utility corridor, the corridor must meet the following requirements:

A.    The utility corridor location and utilities (wet or dry) to be located in the corridor must be approved by the city and incorporated into Figure N;

B.    The utility corridor is to be excavated to meet engineering requirements with excavated materials to meet materials management provisions of this chapter, including without limitation the requirement to place a geotextile demarcation material (or equivalent) to mark the bottom of the clean utility corridor excavation;

C.    The vertical edges of the clean utility corridor will be marked by using brightly colored geotextile material (or equivalent);

D.    All bedding and backfill materials put back into the trench must meet the definition of clean fill in Section 8.10.030(H), including a requirement to have a clean fill barrier of at least twenty-four inches in single-family use areas; and

E.    Any subsequent maintenance and/or repairs to utilities within clean corridors will be conducted to meet these requirements, that is:

1.    Materials removed from the clean utility corridor will be managed as clean fill;

2.    Materials placed back into the clean utility corridor must qualify as clean fill;

3.    Vertical and horizontal demarcation materials will be preserved and replaced with new material as necessary; and

4.    Reasonable care will be taken to ensure that cross-contamination will not occur along vertical clean utility corridor wall boundaries. (Ord. 5/6/2008O-4, 2008)