Agenda - Planning Commission - 10/03/1995

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HIGH LOW Operation District for the actual location of wellheads and an overlay zoning district for recharge areas. Geologic features and natural resources meriting protection should be identified in the ordinance when a community is defining its intent. These can include conditions inhibiting recharge capacity, land subsidence, and sinkholes. For instance, East Marlborough Township, Pennsylvania, covers these points with the following: In addition to the general goals listed in the statements of Purpose and Community Development Objectives, it is the purpose of this Article to protect a uniquely sensitive and valuable groundwater resourc~ area, defined by a carbonate geologic formauon identified in the. ·. comprehensive plan, against land development patterns that would deplete the groundwater supply through excess demand, threaten irs quality through wastewater pollution, inhibit the recharge capability of the area through exorbitant impervious surface areas, and increase the dangers of hand subsidence and sinkholes. Where protecting a sole source aquifer is the object, that claim should be established in the statement of purpose, including any intent to prevent contamination from hazardous substances, as in Volusia, Florida, where the stated intent is to accomplish this by '!providing for regulation of the storage, handling, use, or production of hazardous substances within zones of protection surrounding potable water supply well fields Authority and Applicability The primary enabling legislation for wellhead protection measures is the 1986 amendments to the Safe Drinking Water Act. According to the mandates in this law, the EPA provides technical assistance to states in developing their wellhead protection programs. States whose programs are approved by EPA will have specific state administrative rules governing the establishment of wellhead protection areas. A locat wellhead protection ordinance should cite the relevant state or federal legislation along with any pertinent local ordinances to establish its authority and applicability. However, enabling legislation is only the first item that needs to be addressed in this section of an ordinance. It is also vital to establish the duties and powers of any specific officials or bodies that will play a part in the administration or enforcement of the ordinances' provisions. These include any special citizen review board or commission, such as the Resource Protection Area Technical Advisory Committee (RPATAC) in New Castle County, Delaware. The composition of the RPATAC, which advises the planning department, includes one representative each from nine different public and private entities, including the chemical industry, Consulting Engineers Council, Delaware Geological Survey, and the county Water Resources Agency. Similarly, the city of Newark, Delaware, has a committee with representatives of six public agencies to review plans and revise boundaries of districts described in the ordinance. These ordinances also detail the powers and duties of individual officials, such as the planning director or zoning administrator. Finally, an ordinance that establishes a wellhead protection area or overlay district should clearly refer to any adopted map that delineates those districts' boundaries. For instance, the Norway ordinance states that it: ·.. applies to all land uses and activities located or proposed within the area delineated as the Wellhead Protection Area in Norway on a map available for inspection in the office of the Norway Water District and as defined in the definitions section of the ordinances. Delineation One aspect ofa wdlhead protection ordinance that is particularly vulnerable to legal challenge is the establishment of boundaries for the area being regulated. It is well worth documenting the basis on which such districts are chosen, and the delineation of such areas should correspond with the