Chapter 16.16
WELLHEAD PROTECTION AREA
Sections:
16.16.020 Prohibited land uses – 10-year time of travel (TOT).
16.16.030 Prohibited land uses – One-year TOT.
16.16.040 Abatement of potential contaminant sources – Specific regulations.
16.16.060 Violations – Penalties.
16.16.010 Definitions.
As used in this chapter:
A. “Abandoned well” means a well that is unused, unmaintained, and is in such disrepair as to be unusable.
B. “Decommission” means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.
C. “Owner” or “well owner” means the person, firm, partnership, copartnership, corporation, association, or other entity who owns the property on which the well is or will be constructed.
D. “Pesticides” includes all herbicides, insecticides, fungicides, or any other commercial preparation intended for the limitation or eradication of any form of animal or plant life.
E. “Time of travel (TOT) contour” means the subarea boundary within a wellhead protection area (WHPA) identified by the projected speed of possible contaminant migration to the wellhead.
F. “Well” means water wells, resource protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.
G. “Wellhead protection areas (WHPA)” mean those areas determined on the basis of hydrologic studies to be in hydraulic continuity with the City’s municipal water supply wells and depicted on a map delineating areas of projected migration of possible contaminants to the wells within wellhead ground water time of travel contours of one, five, and 10 years as provided in that wellhead protection plan for the City of Everson adopted on January 9, 1996, by Resolution No. 387. [Ord. 571 § 5, 2000.]
16.16.020 Prohibited land uses – 10-year time of travel (TOT).
The following land uses are prohibited within the 10-year TOT:
A. Agricultural Operations. Commercial agricultural processing (e.g., fruits and vegetables).
B. Cemeteries and graveyards, unless all remains are each situated within a sealed coffin in turn within an individual sealed crypt.
C. Feed Lots. Commercial nonpastured animal feeding operations.
D. Hazardous Waste Generators. Any generator requiring a NPDES permit or USEPA registration.
E. Metals or Mineral Exploration or Mining. Subsurface operations including sand and gravel mining.
F. Minerals Storage. Subsurface storage of minerals, including de-icing salt storage piles, except if securely confined on an impervious surface and protected from the elements.
F. Pipelines. Petroleum products pipelines.
G. Sawmills.
H. Sewage Systems. Onsite commercial or multiple-family residential sewage disposal systems.
I. Solid waste handling, transfer and recycling facilities including junk yards and salvage yards.
J. Solid waste landfills including those for hazardous or dangerous waste, municipal solid waste, special waste, and inert or demolition waste landfills and unlined surface impoundments.
K. Storage Tanks (UST’s). Underground storage tanks, except for water cisterns.
L. Surface impoundments containing contaminants potentially harmful to the municipal water supply.
M. Toxic Compounds. Agricultural, industrial and commercial operations utilizing toxic compounds, including, but not by way of limitation, wood treatment, pesticide or chemical treatment, storage and disposal, fruit and vegetable processing, fiberglass and boat manufacturing or repair, biological research, dry cleaning, furniture stripping, motor vehicle service and repair, photographic processing, printing and publishing.
N. Truck and Automobile Washers. Except car washes recycling all water and discharging all water to the sanitary sewer system.
O. Wells. New wells, including wells for oil, gas and mineral exploration and extraction, except underground injection wells for aquifer remediation are allowed under Department of Ecology guidance.
P. Other. Activities that would significantly reduce the recharge to aquifers currently used or potentially used as a potable water source or as significant base flow to a regulated stream. These activities are defined as those that would:
1. Further reduce the current infiltration available to potable ground water sources within a ground water basin of 10 percent or more; or
2. Cause violation of established in-stream flows. [Ord. 571 § 5, 2000.]
16.16.030 Prohibited land uses – One-year TOT.
The following land uses are prohibited within the one year TOT:
A. All land uses prohibited within the 10-year TOT; and
B. Above ground petroleum product storage tanks. [Ord. 571 § 5, 2000.]
16.16.040 Abatement of potential contaminant sources – Specific regulations.
Within the 10-year time of travel (TOT):
A. Wells. No well owner may:
1. Cause, permit or allow any well in current use to remain without securely sealing the same to prevent the entry of contaminants; or
2. Fail upon any well of the well owner becoming abandoned to notify the City of such abandonment within 30 days of such abandonment; or
3. Cause permit or allow any abandoned well to remain in such state without plugging, filling or decommissioning the same in accordance with Chapter 18.104 EMC.
B. Storage Tanks. All above ground petroleum product storage tanks shall be located within an impervious containment area of sufficient design and capacity to retain the entire contents of all tanks within the containment area, regardless of the cause of any leak, spill or tank failure.
C. Roof Runoff. All residential and commercial roof runoff shall be routed to permeable surface storage impoundments or application facilities; roof runoff may not be routed onto any public way, into the City’s storm water system, or into subsurface impoundments.
D. Agricultural Operations. Dairy farm facilities and operations shall be designed and operated in accordance with best management practices in such a manner as to:
1. Prevent any accumulation of manure to reach or contaminate surface or ground waters; and
2. Prevent any individual animal from defecating or urinating directly into any surface waters.
E. Onsite Sewage Disposal Systems.
1. All on site sewage disposal systems shall be inspected by the City or Whatcom County Health Department and maintained at no greater than five-year intervals.
2. Each owner shall maintain proof of inspection at the site and shall display the same upon request to the Public Works Director.
F. Pesticides and Soil Nutrients.
1. Pesticides and soil nutrients shall only be stored in their original packaging or containers.
2. Owner applied agricultural pesticides and soil nutrients and domestic household, lawn and garden pesticides and soil nutrients shall be stored and applied in strict conformity to the instructions on the packaging or container label.
3. Pesticides beyond their posted shelf life shall not be stored or applied, but shall be promptly disposed of in an approved manner. [Ord. 571 § 5, 2000.]
16.16.050 Administration.
Administration of this chapter shall be coordinated with the administration of EMC Titles 15, 16, 18 and 19. [Ord. 571 § 5, 2000.]
16.16.060 Violations – Penalties.
Any violation of this chapter shall be a Class 1 civil infraction for each day that a violation is permitted to exist. [Ord. 571 § 5, 2000.]