095 of 1998 - Relating to Groundwater Source Protection0 98-1
0 98-28
SALT LAKE CITY ORDINANCE
No. 95 of 1998
(Relating to groundwater source protection)
AN ORDINANCE REPEALING IN ITS ENTIRETY SECTION 21A.34.060 OF THE
SALT LAKE CITY CODE, DEALING GENERALLY WITH AQUIFER RECHARGE
PROTECTION, AND ENACTING A NEW SECTION 21A.34.060 IMPLEMENTING AND
RELATING TO A NEW LAND USE REGULATORY SYSTEM FOR THE PROTECTION
OF GROUNDWATER DRINKING SOURCES FROM CONTAMINATION;
ESTABLISHING ENFORCEMENT PROCEDURES; AND RELATED MATTERS.
BE IT ORDAINED by the City Council of Salt Lake City, Utah as follows:
SECTION 1. Section 21A.34.060 of the Salt Lake City Code is hereby repealed.
SECTION 2. A new Section 21A.34.060 of the Salt Lake City Code is hereby enacted,
to read as follows:
21A.34.060 Groundwater Source Protection
A. Title, Applicability And Authority.
1. Title. This Ordinance shall be known as the "Groundwater Source Protection
Ordinance."
2. Applicability. The provisions of this Ordinance shall be effective within the corporate
boundaries of the City with respect to both City -owned and non -City -owned
groundwater sources, and, to the fullest extent permitted by law, outside the corporate
boundaries of the City with respect to City -owned groundwater sources. This Ordinance
establishes certain standards and restrictions intended to prevent contamination of the
public drinking water supply as a result of toxic substances entering the groundwater. It
shall be the responsibility of any person owning real property and/or owning or operating
a business within the protective zones or recharge areas established pursuant to this
Ordinance to conform and comply with the applicable provisions contained in this
Ordinance. Ignorance of this Ordinance shall not excuse any violations of the provisions
hereof.
3. Authority. This Ordinance is adopted pursuant to authority provided in the Utah
Municipal Land Use and Development Act (10-9-102 Utah Code Ann.), Section 10-8-15,
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Utah Code Ann., the Utah Administrative Code, R309-113, and other applicable
statutory and common law of the State of Utah.
B. Purpose And Intent.
The purpose of this Ordinance is to protect, preserve, and maintain existing and potential
public drinking groundwater sources in order to safeguard the public health, safety and
welfare of customers and other users of the City's public drinking water supply, distribution
and delivery system. The intent of this Ordinance is to establish and designate drinking water
source protection zones and groundwater recharge areas for all underground sources of public
drinking water which enter the City's culinary drinking water supply, distribution and
delivery system, whether such sources are located within, or outside of, the City's corporate
boundaries. This Ordinance establishes criteria for regulating the storage, handling, use or
production of hazardous waste, petroleum product and regulated 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 Ordinance apply to new development, changes or expansion of use, and/or handling,
movement, and storage of hazardous waste, petroleum products and regulated substances.
The degree of protection afforded by this Ordinance is considered adequate at the present
time to address the perceived actual and potential threat to underground drinking water
sources. This Ordinance 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 Ordinance or any administrative order lawfully made hereunder.
Compliance with the terms of this Ordinance shall not relieve the person subject to the terms
hereof of the obligation to comply with any other applicable federal, state, regional or local
regulations, rule, ordinance or requirement .
C. Definitions.
Unless the context specifically indicates otherwise, the following terms used in this
Ordinance shall have the following meanings:
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.
City shall Salt Lake City Corporation.
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
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with the appropriate state, federal, regional and local regulations applicable to the specific
facility and with the provisions of this Ordinance.
Collection Area means the area surrounding a groundwater source which is underlain by
collection pipes, tile, tunnels, infiltration boxes, or other groundwater collection devices.
Continuous Transit means the nonstop movement of a mobile vehicle except for stops
required by traffic laws.
Council means the Salt Lake City Council.
Director means the Director of the Public Utilities Department.
Discharge means and includes, but not be limited to, spilling, leaking, seeping, pouring,
injecting, emitting, emptying, disposing, releasing, or dumping regulated substances,
hazardous waste or petroleum products to the soils, air, groundwater, or surface waters of the
City. Discharge does not include the use of a regulated substance in accordance with the
appropriate use intended or specified by the manufacturer of the substances, provided that
such use is not prohibited by federal, state, regional or local regulations. Discharge shall not
include discharges specifically authorized by federal or state permits.
Drinking Water Source means a drinking water spring or well supplying water which has been
permitted or intended for consumptive use.
Drinking Water Source Protection Zone (DWSP), or Protection Zone, means an area within
which best management practices are mandated for restricted uses, or certain uses are
prohibited, in order to protect groundwater flowing to public drinking water sources, and
designated as a Protection Zone, level 1, 2, 3 or 4, pursuant to subsection D.2 hereof.
Groundwater means any water which may be drawn from the ground.
Groundwater Divide means a line on a water table on each side of which the water table
slopes downward in a direction away from the line.
Groundwater TOT means time of travel for groundwater to a drinking water source.
Handle means to use, generate, process, produce, package, treat, store, or transport a
regulated substance, hazardous waste or petroleum product in any fashion.
Hazardous Waste means all waste regulated under 'the following federal acts: the Reserve
Conservation and Recovery Act, the Toxic Substance Control Act, the Clean Water Act, the
Clean Air Act, the Solid Waste Disposal Act and the Atomic Energy Act of 1954.
Health Department means the Salt Lake City/County Health Department.
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Operating Permit means a permit to operate a facility handling regulated substances ,
hazardous waste or petroleum products under this Ordinance. The permit will be issued by
the Salt Lake City Division of Building Services and Licensing.
PCS means potential contaminant source.
Petroleum Product means 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 means each area by that name designated pursuant to subsection D.2
hereof.
Public Utilities Department means the Salt Lake City Department of Public Utilities.
PWS means Public Water System.
Regulated Person means each person, corporation, partnership, association or other legal
entity subject to the provisions of this Ordinance.
Regulated Substances means substances (including degradation and interaction products)
which, because of quantity, concentration, physical, chemical (including ignitability,
corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity,
carcinogenicity, teratogenicity, bioaccumulative effect, persistence (non -degradability) 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), including without limitation those substances set forth in the Generic Regulated
Substances List which is included in this Ordinance as Appendix "A". Regulated substances
shall include those set forth in the following lists, as the same may be amended from time to
time: Identification and Listing of Hazardous Materials (40 CFR Part 261, Subpart D) and
List of Extremely Hazardous Substances (40 CFR Part 355, Appendix A and B) and which
are in a form capable of entering the groundwater .
Recharge Area means either a primary recharge area or a secondary recharge area.
Recharge Area and Protection Zone Map means the map by that name designated in
subsection D.1 hereof.
Residential Use 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 use shall include those customary and accessory residential
activities associated with the principal permitted use of a lot for residential purposes as set
out in the Zoning Ordinance of the City.
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
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hold materials or liquids that may discharge from containers holding regulated substances,
petroleum products or hazardous waste. 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 as such Recharge Area means the areas depicted on Appendix "C" of this
Ordinance.
Septic Holding Tank means a water -tight receptacle, used to contain septic waste, the
contents of which are removed and disposed of at a waste disposal facility.
Septic Tank System means a generally water -tight 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.
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.
USGS means the United States Geological Survey.
Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed for which the intended use of such excavation is the location,
acquisition, development, or artificial recharge of groundwater.
Wellfield means an area of land which contains one or more drinking water supply wells.
D. 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, Appendix
"C". The Recharge Area and Protection Zone Map is incorporated and made a part of
this Ordinance. The recharge area boundary lines have been located along streets and or
section lines for convenience of assessing which prohibition and restrictions apply to a
specific property. Amendments, additions, or deletions to this map may be made by the
City Council following public notice and after approval by the Public Utilities
Department. This notice shall be published at least 30days prior to consideration by the
Public Utilities Department.
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2. Designation of Recharge Areas and Protection Zones. The following recharge areas
and protection zones are hereby designated within the City:
a. Primary Recharge Area, as determined by the USGS (see Appendix "C").
b. Secondary Recharge Area, as determined by the USGS (see Appendix "C").
c. Protection Zone 1 shall be the area within a 100-foot radius from the margin of the
collection area.
d. Protection Zone 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.
e. Protection Zone 3 shall be the area within a 3-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.
f. Protection Zone 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.
3. Determination of Applicable Standards. In determining the location of properties and
facilities within the recharge areas and protection zones depicted on the Recharge Area
and Protection Zone Map, the following rules shall apply.
a. Property located wholly or partially within a single recharge area or a protection zone
on the overlay map shall be governed by the restrictions applicable to that recharge
area or protection zone.
b. 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.
4. Review of Recharge Area and Protection Zone Map. The Public Utilities Department
shall review the Recharge Area and Protection Zone Map at least once every five years,
or more frequently as determined appropriate by the Public Utilities Department, and
may recommend changes as deemed appropriate. 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;
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c. Changes in pumping rates for the wellfield;
d. Development of new wells, wellfields, and/or springs; or
e. Changes in water quality.
E. Uses and Restrictions Within Recharge Areas and Protection Zones.
1. Prohibitions and Restrictions. A list of uses which may constitute potential
contamination sources is attached hereto as Appendix "B". The list categorizes each use
as either "restricted" or "prohibited" within the protection zones referenced in Section
D.2 of this Ordinance, and includes BMPs, if available, for each use. Permit requests for
restricted uses shall be processed as outlined in subsection F below. The Public Utilities
Department shall update 'and/or revise Appendix `B" from time to time as uses,
technology, and BMPs evolve over time.
2. Discharges. No person shall discharge, or permit the discharge of any regulated
substance, hazardous waste or petroleum product, 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, unless the discharge is in compliance
with federal, state, and local regulations.
F. Review of Development Plans; Permits.
1. Application. Permit applications for all new restricted uses, or expansion of an existing
restricted use, shall be submitted to the Salt Lake City Division of Building Services and
Licensing for review, issuance of building permits (if applicable), and issuance of an
operating permit. The review process shall include referral of proposed plans and
specifications to the Public Utilities Department for review.
2. Approval of Permit. If the Public Utilities Department finds that the proposed use will
not have an adverse impact on groundwater quality, or that the potential adverse impacts
can be mitigated by implementing Best Management Practices or other strategies, the
permit may be approved. If approved, all recommendations of the Public Utilities
Department shall be attached to the permit as conditions of approval.
3. Denial of Permit. If the Public Utilities Department determines that the proposed use
may have an adverse effect upon groundwater quality, and that the adverse effect cannot
be adequately mitigated through use of BMPs or other methods, the permit shall be
denied.
G. Management Strategies; Best Management Practices.
1. Toxic, Hazardous, and Other Materials Handling Regulations.
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a. Storage Containers. All regulated substances, hazardous waste and petroleum
products shall be stored in suitable containers to reduce the chance for such
substances to be accidentally introduced into the environment. These storage
containers shall be product -tight and, except where provided elsewhere in this
Ordinance, shall be provided with a means to control spillage and to contain or drain
off spillage and fire -protection water discharged in the storage area. Storage containers
and secondary containment areas must be covered and/or elevated to prevent the
accumulation of rain or other water. Defective storage containers shall be removed
from service for repair or disposal in accordance with local, state, and federal
standards.
b. Secondary Containment. Secondary containment 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, hazardous waste or petroleum product to be contained. The
material shall be free of cracks, joints, gaps, or other imperfections which would allow
leakage through the containment material.
The secondary containment system shall have sufficient capacity to contain (a)
1 Opercent of the volume of all containers and 100percent of the volume of the largest
single container, whichever is greater, plus (b)the design flow rate of the automatic
fire extinguishing system (for 20minutes) for the area or room in which the storage is
located. If the storage area and/or containment area are 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. Non -hazardous liquids may be drained in accordance with
applicable local regulations. If the collected material is a hazardous waste under
Title40 Part261 of the Code of Federal Regulations, it must be managed as a
hazardous waste in accordance with all applicable requirements of Parts262 through
266 of that regulation.
Vacuum suction devices, absorbent scavenger materials or other devices approved by
the Public Utilities 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, hazardous waste or petroleum product 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, hazardous
waste or petroleum product plus absorbent material.
c. Regulated Substances Emergency Management Plan. An emergency plan shall be
prepared and filed with the Health Department, the City's Fire Department, the
City's Police Department, and the Public Utilities Department indicating the
procedures that will be followed in the event of the release of a regulated substance,
hazardous waste or petroleum product so as to control and collect all such spilled
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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 Public Utilities Department
to submit a Regulated Substances Management Plan for the facility. The written Plan
will be used to demonstrate to the Public Utilities Department that the facility owner
or operator understands the procedures and has the proper equipment to handle
regulated substances, hazardous waste or petroleum product within the guidelines of
this Ordinance. The Plan should not be implemented without the approval of the
Public Utilities Department.
d. Reporting of Spills. Any spill of a regulated substance, hazardous waste or petroleum
product in excess of the nonaggregate quantity thresholds established by the List of
Hazardous Waste (40CFR Part261), SubpartD), 40CFR AppendixVlll—
Hazardous Constituents and EPA Designation Reportable Quantities and Notification
Requirements for Hazardous Substances under CERCLA (40CFR 302, effective
July3, 1986), shall be reported by telephone to the Public Utilities Department, the
Health Department and the local water utility within lhour of discovery of the spill.
Cleanup shall commence immediately upon discovery of the spill. A full written
report shall be submitted to the Public Utilities Department, the Health Department
and the local water utility within 15days of discovery of the spill.
2. Best Management Practices. Under the provisions of this Ordinance, all potential
contamination sources shall incorporate and utilize Best Management Practices 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 Ordinance 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
Environmental Quality and the U.S. Environmental Protection Agency. BMPs outlined
in Appendix "B" supplement those outlined below. It is the responsibility of the
applicant to comply with the most recent, updated version of BMP provisions.
a. Underground Storage Tanks. Installation of any new underground storage tanks
("USTs") used to store regulated substances, hazardous waste or petroleum products
for either residential or nonresidential activities in recharge areas and protection zones
designated under subsection D.2 of this Ordinance, shall require a secondary
containment system for the tank and associated underground piping, and an automatic
leak detection system. A permit from Utah State 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 USTs.
b. Septic Tank Systems. No person shall place, maintain, or operate on -site sewage
disposal from a septic tank within the primary recharge area, Protection Zones 1 and
2, or within 300 feet of any public street in which a public sewer is laid. Septic
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systems in Zones 3 and 4 shall comply with the Utah State Department of Health
"Care of Waste Disposal Regulations", Parts IV and V. Non residential activities
which have septic tank systems shall have installed a 4-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 Public Utilities
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 shall be removed, as necessary, and treated or disposed of at an approved
facility.
c. Sewage Collection, Transmission and Disposal. No person shall discharge treated or
untreated sewage in any area not specifically designated for that purpose by the City.
The owner or operators of any waste water treatment plant, sanitary sewer, force
main, gravity sewer, or lateral shall notify the Public Utilities Department within one
hour 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 zones 1, 2, 3, and 4, and the primary recharge 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, as determined by the Utah Department of Environmental
Quality and the City, and shall have routine inspections during and after construction.
No wastewater treatment plants shall be placed, maintained, or operated within
protection zones 1 or 2.
d. General Stormwater Management. All future stormwater management systems to be
constructed and implemented for restricted uses within the protection zones and
recharge areas shall obtain permits in accordance with applicable local, state, and
federal laws and regulations.
e. 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.
f. Landfills. Expansion or creation of new landfills is prohibited in the primary recharge
area and zones 1 and 2. Existing landfills in the primary recharge area or in protection
zone 1 shall be required to comply with the provisions of Utah Administration Code
R315-301-1 through 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:
i. Cover the landfill with suitable low -permeability materials and minimize the
application of supplemental water to reduce infiltration of moisture.
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ii. Install groundwater containment and treatment actions, additional monitoring, and
erosion controls as required.
3. Environmental Quality Monitoring. Facilities which have had, or appear to have had,
unauthorized releases to soil or groundwater shall be required by the Public Utilities
Department to monitor soil and groundwater in and adjacent to the facility. At the
request of the Public Utilities Department, the facility will submit a monitoring plan for
Public Utilities Department review. The plan shall be implemented with the approval of
the Public Utilities Department. Facilities that undergo closure may be required to
monitor soil and groundwater in and adjacent to the facility subject to closure. All costs
associated with the closing and monitoring of the site will be paid for by the operator of
the facility.
H. Exclusions And Exemptions
1. Qualifying Statement. The exclusions and exemptions contained in this subsection H
shall not apply to protection zone 1: i.e. sites within a 100-foot radius from a well.
2. Exclusions. The following substances are not subject to the provisions of this Ordinance
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. Regulated substances stored at residences that do not exceed 10 pounds (dry) or 5
gallons (liquid) (except as allowed in H.2.d below) and are used for personal, family,
or household purposes.
b. Fertilizers, treated seed (except as noted in this Ordinance), pesticides, herbicides,
erosion control products, and soil amendment, in quantities normally available at retail
outlets, when stored, handled and applied in accordance with the manufacturer's
instructions, label directions, and nationally recognized standards.
c. Commercial products limited to use at a commercial or industrial site solely for office
or janitorial purposes when stored in total quantities of less than 50 pounds for dry
products, or 55 gallons for liquids.
d. Prepackaged consumer products available through retail sale to individuals for
personal, family, or household use, that are properly stored.
e. Water -based latex paint, or oil based finishes, in quantities normally available at retail
outlets, when stored, handled and applied in accordance with the manufacturer's
instructions, label directions, and nationally recognized standards.
f. Compressed gases.
g. Substances or mixtures which may pose a hazard but are labeled pursuant to the
Federal Food, Drug, and Cosmetic Act.
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h. Substances which, in the judgment of the Director, pose no hazard to groundwater.
3. Continuous Transit. The transportation of any regulated substance(s), hazardous
waste or petroleum products through any protection zone or recharge area shall be
allowed provided that the transporting vehicle is in continuous transit.
4. Vehicular and Yard Maintenance Fuel and Lubricant Use. The use of any petroleum
product solely as an operational fuel in the vehicle or yard maintenance fuel tank or as a
lubricant in such a vehicle shall be exempt from the provisions of this Ordinance. These
spent products shall be properly disposed of in compliance with applicable federal, state,
and local regulations.
I. Enforcement, Violation And Penalties
1. Notification of violation. Whenever the Director finds that any regulated person has
violated or is violating any provision of this Ordinance, or any order, rule or regulation
issued or promulgated hereunder, the Director may serve upon said regulated person a
written Notice of Violation. Such written notice shall be served in person or by certified
mail, return receipt requested. Within five (5) days after the receipt of such notice, an
explanation for the violation and a plan for the satisfactory correction and prevention
thereof, which shall include specific required actions, shall be submitted by the regulated
person to the Director. Submission of this plan in no way relieves the regulated person of
liability for any violations occurring before or after receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the City to take any action, including
emergency actions or any other enforcement action, without first issuing a Notice of
Violation.
2. Consent orders. The Director is hereby empowered to enter into consent orders,
assurances of voluntary compliance, or other similar documents establishing an agreement
with any regulated person responsible for noncompliance. Such orders will include
specific action to be taken by the regulated person. Consent orders shall have the same
force and effect as administrative orders issued pursuant to subsections 4 and 5 below,
and shall be judicially enforceable.
3. Order to Show Cause Hearing. The Director may order any regulated person which
causes or contributes to violation(s) of any provisions of this Ordinance, or any order,
rule or regulation issued or promulgated hereunder, to appear before the Director and
show cause why a proposed enforcement action should not be taken. Notice shall be
served on the regulated person, which notice shall specify the time and place for the
meeting, the proposed enforcement action, the reasons for such action, and a request that
the regulated person show cause why this proposed enforcement action should not be
taken. Such written notice shall be served in person on any authorized representative of
the regulated person, or by certified mail, return receipt requested, at least seven (7) days
prior to the hearing. Whether or not the regulated person appears as ordered, immediate
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enforcement action may be pursued following the hearing date. A show cause hearing
shall not be a prerequisite for taking any other actions against the regulated person.
4. Compliance orders. When the Director finds that a regulated person has violated or
continues to violate any provision of this Ordinance, or any rule or regulation issued or
promulgated hereunder, he may issue an order to the regulated person responsible for the
violation directing that the regulated person come into compliance within thirty (30) days.
If the regulated person does not come into compliance within thirty (30) days, any and all
available remedies may be pursued and service may be discontinued. Compliance orders
may also contain other requirements to address noncompliance, including additional self -
monitoring, and management practices designed to minimize the amount of pollutants
released. A compliance order may not extend the deadline for compliance established for
a federal standard or requirement, nor does a compliance order release the regulated person
of liability for any violation, including any continuing violation. Issuance of a compliance
order shall not be a prerequisite to taking any other action against the regulated person.
5. Cease and desist orders. When the Director finds that a regulated person is violating
any provision of this Ordinance, any rule or regulation issued or promulgated hereunder,
or that the regulated person's past violations are likely to recur, the Director may issue an
order to the regulated person directing it to cease and desist all such violations and
directing the regulated person to:
a. Immediately comply with all requirements; and
b. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation. Issuance of a cease and desist order shall
not be a prerequisite to taking any other action against the regulated person.
6. Administrative fines.
a. Notwithstanding any other section of this Ordinance, any regulated person found to
have violated any provision of this ordinance, or any order, rule or regulation issued or
promulgated hereunder, may be fined in an amount not greater than $10,000 per day,
as determined by the Director in his reasonable discretion. Such fines shall be
assessed on a per day, per violation basis. The City may also assess penalties as
outlined in Section 21A.20.040 and 21A.20.050 of the Salt Lake City Code.
b. The City may charge a regulated person for the costs of preparing administrative
enforcement actions, such as notices and orders, which charge may be assessed
whether or not a fine under subsection (a) is also imposed.
c. Assessments for fines and/or administrative costs may be added to the regulated
person's next scheduled water service charge, and the Director shall have such other
collection remedies as may be available for other service charges and fees.
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d. Unpaid charges, fines, assessments and penalties shall, after sixty (60) calendar days,
be assessed an additional penalty of ten (10) percent of the unpaid balance.
Thereafter, interest on any unpaid balances, including penalties, shall accrue at a rate
of 1% per month. A lien against the individual regulated person's property will be
sought for unpaid charges, fines, and penalties.
e. Regulated persons desiring to dispute such fines or assessments must file a written
request for the Director to reconsider the fine or assessment, along with full payment
thereof within thirty (30) days of being notified of the fine or assessment. The
Director shall convene a hearing on the matter within fourteen (14) days of receiving
the request from the regulated person. In the event the regulated person's appeal is
successful, any amounts paid by the regulated person to the City shall be returned to
the regulated person , without interest.
f. The imposition of an administrative fine, assessment or other charge shall not be a
prerequisite for taking any other action against the regulated person.
7. Emergency suspensions. The Director may order the immediate suspension of a
regulated person's actions (after informal notice to the regulated person), whenever such
suspension or shut-off is necessary in order to stop an actual or threatened discharge
which reasonably appears to present or cause a risk of an imminent or substantial
endangerment to the health or welfare of the City's culinary water customers. Any
regulated person notified of a suspension of its activities shall immediately stop
conducting such activities. In the event of a regulated person's failure to immediately
comply voluntarily with the suspension order, the Director shall take such steps as
deemed necessary to enforce such order. The Director shall allow the regulated person to
recommence operations when the regulated person has demonstrated to the satisfaction of
the Director that the period of endangerment has passed. A regulated person that is
responsible, in whole or in part, for any discharge presenting imminent endangerment,
shall submit to the Director a detailed written statement describing the causes of the
harmfiil contribution and the measures taken to prevent any future occurrence, prior to
the date of any show cause hearing under Sections I.3. Nothing in this Section shall be
interpreted as requiring a hearing prior to any emergency suspension under this Section.
8. Injunctive relief. Whenever a regulated person has violated or continues to violate a
provision of the Ordinance, or continues to violate any order, rule or regulation issued or
promulgated hereunder, the City may petition any court of competent jurisdiction for the
issuance of a temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the Ordinance provision, order, rule, regulation or
other requirement. In addition, the City may recover reasonable attorney's fees, court
costs, and other expenses of litigation by appropriate legal action against the regulated
person found to have violated any provision hereof, or of any order, or any other rule or
regulation issued or promulgated hereunder. Such other action as appropriate for legal
and/or equitable relief may also be sought by the City. A petition for injunctive relief
need not be filed as a prerequisite to taking any other action against a regulated person.
Drinking Water Source Protection Ordinance
14
9. Civil fine pass through recovery. In the event that a regulated person releases such
pollutants which cause the City to violate any conditions of any applicable laws, rules or
ordinances to which the City is subject, and the City is fined or held liable regarding such
violations, then such regulated person shall be fully liable for the total amount of the fines
and civil penalties assessed against the City, and any administrative costs incurred.
10. Public nuisances. Any violation of the provisions of this Ordinance, or of any order,
rule or regulation issued or promulgated hereunder, is hereby declared a public nuisance
and shall be corrected or abated as directed by the Director. Any person(s) creating a
public nuisance shall be subject to the provisions of the Salt Lake City Code governing
nuisances, including reimbursing the City for any costs incurred in removing, abating or
remedying said nuisance.
11. Enforcement by Other Agencies. The City may request the Health Department, and
the Health Department is hereby granted the authority upon such request, to enforce or
administer any and all provisions of this Ordinance and prosecute any violations thereof.
To the extent of any such request, references in this Ordinance to the Public Utilities
Department and the City shall be deemed to mean the Health Department, and references
in this Ordinance to the Director shall be deemed to mean the Director of the Health
Department. In addition, the City may refer to the State of Utah or the United States
Government, for civil or criminal prosecution, any violations of this Ordinance which also
violate applicable provisions of state or federal law, orders, administrative rules or
permits. It is the intent of the City that this Ordinance shall be construed to the greatest
extent possible to be consistent with the provisions of applicable county, state and/or
federal laws, ordinances, rules, regulations or permits. In the event of any conflict, the
more restrictive provisions shall apply.
12. Nonexclusive Remedies. The provisions of subsections I.1 through 11 are not exclusive
remedies. The City reserves the right to take any, all, or any combination of these actions
against a noncompliant regulated person. However, the City reserves the right to take
other action against any regulated person when the circumstances warrant. Further, the
City is empowered to take more than one enforcement action against any noncompliant
regulated person. These actions may be taken concurrently.
13. Disputes; Appeals
a. Persons objecting to the configuration of the Recharge Area and Protection Zone
Map, or the inclusion of specific property within any recharge areas or protection
zones, or to the denial of a permit or the conditions attached hereto, or any rulings of
the Public Utilities Department under this subsection I, may make appeal to the Land
Use Appeals Board by filing a written notice of appeal with such Board not later than
thirty (30) days following the action appealed from.
b. The written appeal shall contain:
i. Documentation of compliance, or
Drinking Water Source Protection Ordinance
15
ii. A. Response to specific violations cited in the cease and desist order and
the remedial actions planned in order to bring the facility into
compliance; and
B. A schedule for compliance.
c. Upon receipt of the written appeal, the Land Use Appeals Board shall review the
appeal within 10 days of its receipt and respond to the appellant. If the Land Use
Appeals Board determines that the written response from the appellant is adequate
and noncompliance issues are addressed, the appellant will be notified by mail and no
further action is required. If the Land Use Appeals Board determines that the appeals
response is inadequate, the appellant may request a hearing before the Land Use
Appeals Board. This hearing shall be held within 30 days of receiving the cease and
desist order. The cease and desist order shall remain in effect until the hearing is
conducted.
Drinking Water Source Protection Ordinance
16
SECTION 3. Effective Date. This ordinance shall take effect on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah, this 1st day of December
1998.
EST AND COUNTERSIGN:
HIEF D PUTY I R CO' P ER
Transmitted to the Mayor on December 1, 1998.
Mayor's Action: XX Approved Vetoed
MAYOR
ATTEST AND COUNTERSIGN:
Bill No. 95 of 1998.
Published: December 11, 1998..
Approver to form:
qfi6k
ssistant City Attorney
Drinking Water Source Protection Ordinance
APPENDIX "A" - Generic Regulated Substance List
Acid and basic cleaning solutions
Antifreeze and coolants
Animal dips
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 wasters
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
Drinking Water Source Protection Ordinance
Laboratory chemicals
Liquid storage batteries Medical,
pharmaceutical, dental, veterinary, and
hospital solutions
Mercury and mercury compounds
Metal finishing solutions
Oils
Paints, primers, thinners, dyes, stains,
wood preservatives, varnishing and
cleaning compounds
Painting solvents
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
A-1
APPENDIX "B"
Use Matrix For Potential Contamination Sources
The following table identifies uses which have varying potentials to contaminate groundwater sources. These uses have been
classified according to the risk of contamination in each protection as follows:
Restricted Uses (R) - The nature of the use, or some element of the use, represents a "Potential Contamination Source". The
use may be permitted only after review and approval by the Division of Building Services and Licensing after having received
comments and recommendations from the Public Utilities Department and the Salt Lake City/County Health Department.
Approval is subject to implementation of Best Management Practices and compliance with other reasonable conditions as may be
established by these agencies.
Prohibited Uses (X) - The risk of contamination is very high in the specified zone. The use is not permitted.
Potential Contamination
Source
Protection Zone
Related
Regulations
Best Management
Practice(s)
Primary
Recharge
Secondary
Recharge
Zone 1
Zone 2
Zone 3 &
4
Abandoned wells
X
X
X
X
X
UAC R655-4, 12.1 to 1.2 -
Requirements for Abandoned
Wells
Shall be sealed.
Agricultural pesticide, herbicide,
and fertilizer storage, use, filling,
and mixing areas
R
R
X
R
R
Hi -RA - 40 CFR 152-157,
RCRA Subtitled C, Utah
Pesticide Control Act
BMP - Department of Agriculture
Appliance repair
R
R
X
R
R
RCRA Subtitled C
Automobile operations:
- Fleet vehicle maintenance
facilities
- Dealership maintenance
departments
- Tire shops
- Auto body shops
- Engine repair
- Rust -proofing facilities
- Oil & lube shops
- Vehicle rental w/ maintenance
- Service stations w/ underground
storage tanks
R
R
X
R
R
RCRA Subtitled C, UST
Guidelines, Pretreatment, UAC
R315-5 (Used Oil)
BMP - Salt Lake City/County
Health Department
Drinking Water Source Protection Ordinance
B -1
Potential Contamination
Source
Protection Zone
Related
Regulations
Best Management
Practice(s) .
Primary
Recharge
Secondary
Recharge
Zone 1
Zone 2
Zone 3 &
4
Beauty salons
R
R
X
R
R
Car washes
R
R
X
R
R
Pretreatment
Cemeteries, golf courses, parks, and
plant nurseries
R
R
X
R
R
FIFRA
Chemigation wells
R
R
X
X
R
UIC
Concrete, asphalt, tar, and coal
companies
R
R
X
R
R
Dry cleaners (with on -site
chemicals)
R
R
X
X
R
RCRA Subtitled C, Pretreatment,
BMP - Salt Lake City/County
Health Department
Dry cleaners (without on -site
chemicals)
R
R
X
R
R
Farm operations:
- Dairy farms
- Animal feed lots
- Farm dump sites
- Farm machinery maintenance
garages
- Manure piles
R
R
X
R
R
R
R
R
R
R
X
X
X
X
X
X
X
R
R
X
R
R
R
R
R
UPDES - R317-8, UAC R315-5
(Used Oil), Solid & Hazardous
Waste, RCRA Subtitled C
Food processing, meat packing, and
slaughter houses
R
R
X
X
R
UPDES - R317-8, Pretreatment
Fuel, oil, and heating oil
distribution and storage facilities
X
R
X
R
R
Furniture stripping, painting, and
finishing
R
R
X
R
R
RCRA Subtitled C
Hospitals, medical offices, and
dental offices
R
R
X
R
R
Solid & Hazardous Waste
Industrial manufacturers of:
chemicals, pesticides, herbicides,
paper products, leather products,
textiles, rubber, plastics, fiberglass,
silicone, glass, pharmaceuticals,
and electrical equipment
X
R
X
R
R
FIFRA, RCRA Subtitled C
Drinking Water Source Protection Ordinance
B -2
Potential Contamination
Protection Zone
Related
Regulations
Best Management
Practice(s)
Source
Primary
Recharge
Secondary
Recharge
Zone 1
Zone 2
Zone 3 &
4
Junk and salvage yards
BMP - Salt Lake City/County
Health Department
Laundromats
R
R
X
R
R
Pretreatment
Machine shops, metal plating, heat
treating, smelting, annealing, and
descaling facilities
X
R
X
R
R
Pretreatment, RCRA Subtitled C
Mortuaries
R
R
X
R
R
Pretreatment
Photo processing & print shops
R
R
X
R
R
Pretreatment
Residential pesticide, herbicide, and
fertilizer storage, use, filling, and
mixing areas (except as excluded
under Section 8.2)
R
R
X
R
R
Follow manufacturer's directions
for use and storage.
RV waste disposal stations
R
R
X
X
R
UAC R392
Salt and salt/sand piles
R
R
X
R
R
DEQ / UDOT BMP
Sand & gravel excavation and
processing
R
R
X
R
R
UAC GW R317-6, UAC R313-
25
Septic tank drain fields systems
X
R
X
X
R
UDWQ, Individual Wastewater
Disposal Systems, UAC R317-
501 through R317-513, State
Department of Health Code of
Waste Disposal Regulations -
Parts IV and V
Stormwater impoundment and snow
storage sites
R
R
X
R
R
UPDES
Toxic chemical and oil pipelines
X
X
X
X
X
Underground storage tanks
X
R
X
R
R
UAC R311-203, 205, 206
Veterinary clinics
R
R
X
R
R
Solid & Hazardous Waste
CFR Code of Federal Regulations UDSW Utah Division of Solid Waste
DEQ Utah Division of Air Quality UDWQ Utah Division of Water Quality
FIFRA UIC
GWR UPDES Utah Pollution Discharge Elimination System
RCRA Resource Conservation and Recovery Act UST Underground Storage Tanks
UAC Utah Administrative Code
Drinking Water Source Protection Ordinance
B -3
APPENDIX
H
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