Ordinance # 116

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO, PROVIDING FOR THE ESTABLISHMENT OF WELLHEAD PROTECTION ZONES SURROUNDING THE WELLHEADS FOR ALL CITY OF RIGGINS WELLS, PROVIDING FOR RESTRICTION WITHIN  ZONE I OF THE WELLHEAD PROTECTION AREA; PROVIDING FOR RESTRICTION WITHIN ZONE II OF THE WELLHEAD PROTECTION AREA; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE AND THE PUBLICATION HEREOF.

BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF RIGGINS, IDAHO:

Section 1.    Establishment of Wellhead Protection Zones.     There is hereby established a use district to be known as a wellhead protection area identified and described as all the area, located within the City of Riggins, Idaho, within a radius of 500 feet around the center of any City water supply wellhead. It is further established that this area be composed of two (2) zones, Zone 1 and Zone II as they are defined in Section 2 of this Ordinance. This designation is made to insure the provision of safe and sanitary drinking water supplies for the City of Riggins by the following:

    (A)    The establishment of wellhead protection surrounding the wellheads for all wells which are the supply sources for the City of Riggins Water System.

    (B)    Designation and regulation of property uses and conditions which may be maintained within such zones.

Section 2.    Definitions.  When used in this ordinance, the following words and phrases shall  have the meaning given in this section.

    (A)    Hazardous Waste or Material    Any waste or material which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

        1.    Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

        2.    Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.

    (B)    Sanitary Landfill.    A disposal site where solid wastes including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

    (C)    Industrial.    Commercial business engaged in manufacturing, producing or processing or materials, requiring storage, treatment and/or disposal of hazardous, non-hazardous, non-waste chemicals and materials.

    (D)    Wellhead.    The upper terminal of a well, including adapters, ports, seals, valves and other attachments.

    (E)    Zone I.    An area extending fifty feet (50') radially from the wellhead supplying potable water to the City water system.

    (F)    Zone II.    An area, within the limits of the City of Riggins, extending between fifty (50) feet and five hundred (500) feet radially from the wellhead supplying potable water to the City water system.

Section 3.    Restriction within Zone I of the Wellhead Protection Area.    The following uses or conditions, including but not limited to, shall be and are hereby prohibited within Zone I of the wellhead protection area.

    (A)    Surface use or storage of hazardous material, expressly including herbicide and pesticide applications to the soils, ground water or surface water.

    (B)    Sanitary Land Fills

    (C)    Hazardous waste disposal sites.

    (D)    Underground storage tanks.

    (E)    Sanitary sewer lines, unless maintained in very good repair.

    (F)    Septic tanks and drain fields.

    (G)    Any industrial use.

    (H)    Agriculture use.

    (I)    Underground injection wells.

Section 4.    Restrictions within Zone II of the Wellhead protection Area.     The following uses or conditions, including but not limited to, shall be and are hereby prohibited within Zone II of the wellhead protection area.

    (A)    Sanitary Landfills

    (B)    Hazardous Waste Disposal Sites

    (C)    Underground Injection Wells

    (D)    Any industrial use.

    (E)    Sanitary sewer lines within one hundred and fifty feet (150) of a wellhead, unless maintained in very good repair and monitored on a regular basis.

    (F)    Agricultural uses, specifically the raising , keeping of livestock.

Section 5.    Administration and Enforcement.   

    (A)    Administration

                The Mayor and City Council shall be authorized to adopt policy and procedures for the administration of any wellhead protection zone established under this ordinance. including without limitation those applicable to nonconforming uses, exceptions, enforcement and penalties.

    (B)    Right to Appeal

                Any person, firm, or corporation desiring to use the land within the area designated Zone I or Zone II, in a manner contrary to the provisions of this ordinance shall have the right to appeal or apply for a waiver from the restrictions.  In this event, the Mayor and City Council shall act as the hearing board and enter a decision in regards to the appeal and/or waiver request. After full hearing, further appeal shall be referred tot he District Court in accordance with Idaho Code.

    (C)    Violations and Penalties.

                It shall be unlawful for any person, firm, or corporation to occupy or use the land within the area designated Zone I or Zone II contrary to, or in violation of, any of the provisions of this ordinance.

                Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or by both such fines and imprisonment.

    (D)    Environmental Treat and/or Public Nuisance

                The City shall be authorized to protect the well head in other areas which are not included in Zone I and Zone II as defined in Section 2., by relying upon environmental and public nuisance laws already in effect with the State of Idaho, if it appears that any person, firm or corporations are engaging in acts that put the City wellhead or water supply at risk.

Section 6.    All ordinance or parts thereof in conflict herewith are hereby repealed and that the remainder of said ordinance shall remain in full force and effect and is hereby ratified in all respects.

Section 7.    This ordinance shall take effect upon its passage, approval and publication in the Idaho County Free Press.

PASSED AND APPROVED this 8th day of March, 1993.