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HomeMy WebLinkAbout2020-09-08-J05 Water Well Protection Ordinance_INTRO, 1ST READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 8, 2020 AGENDA ITEM:Consideration of approval of enacting an ordinance Chapter 229, Waukee Municipal Code, regarding Water Well Projection [introduction; first reading] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: Due to the growth of the City of Waukee and the water demands on the current water system, the City is undertaking improvements to assure adequate pressure, storage and treatment of the City’s water supply and distribution system to assure quality and safe water supply capable of meeting the City’s needs, now and into the future. The water system will draw and store its water supply using different mechanisms including, but not limited to, water towers and aquifer storage and recovery systems. It is necessary to assure that the risk of contamination of the City’s water supply is eliminated by limiting activities within certain distances to City water infrastructure that pose an increased risk of potential contamination of the City water supply. City staff has determined it is in the best interest of its residents to enact an ordinance to protect existing and future water wells. This ordinance will also meet a requirement the Iowa Department of Natural Resources is requiring the City to meet in order to receive approval to convert the existing deep water well located in the northwest quadrant of the Waukee Cemetery into an aquifer storage and recovery well. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Introduce the Ordinance and approve the first reading in title only. ATTACHMENTS: I. Proposed Ordinance PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J5 ORDINANCE NO. ____ AN ORDINANCE ENACTING CHAPTER 229, WAUKEE MUNICIPAL CODE, REGARDING WATER WELL PROTECTION WHEREAS, the City has established a water utility which generates and distributes quality potable water to the community and its residents; and WHEREAS, the City is continually reviewing the water demands of this rapidly growing community and planning and undertaking improvements to assure adequate pressure, storage and treatment of the water supply and capabilities of water distribution to assure quality and safe water supply capable of meeting the City’s needs, now and in the future; and WHEREAS, the water system draws and stores its water supply using different mechanisms including, but not limited to, water towers, storage facilities, wells and aquifer storage and recovery systems (ASR wells); and WHEREAS, it is necessary to assure that the risk of contamination of the City’s water supply is eliminated, to the extent possible, by limiting activities in proximity to City water infrastructure that poses an increase the risk of potential contamination to the City water supply; and WHEREAS, the City of Waukee has determined it is in the best interests of its residents to enact an ordinance to protect the City’s water supply. BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1: Chapter 200, Waukee Municipal Code is hereby amended by adding Section 229 as follows: § 229 – WATER WELL PROTECTION. § 229.01 DEFINITIONS. For use in this chapter, the following terms are defined. 1.“Aquifer” means a rock formation, group of rock formations or part of a rock formation that contains enough saturated permeable materials to yield significant quantities of water. 2.“Deep public well” means a public well located and constructed in such a manner that there is a continuous layer of low permeable soil or rock at least five (5) feet thick located at least twenty-five (25) feet below the normal ground surface and above the aquifer from which the water is drawn. 3.“Shallow public well” means a public well located and constructed in such a manner that there is NOT a continuous layer of low permeable soil or rock at least five (5) feet thick which is located at least twenty-five (25) feet below the normal ground surface and above the aquifer from which the water is drawn. 4.“Well” means a pit or hole sunk into the earth to reach a resource supply such as water. § 229.02 DESIGNATION OF WELLS. Each well or Aquifer owned and operated by the City at this time shall be designated as a “deep public well” for the purposes of this chapter. § 229.03 WELL PROTECTION. All land uses, and the construction of all structures or facilities, must meet the separation distances from all City wells as required in the Iowa Administrative Code 567-Environmental Protection, Chapter 43 Water Supplies - Design and Operation. Table A from the current Iowa Administrative Code is included for reference. Table A: Separation Distances SOURCE OF CONTAMINATION REQUIRED MINIMUM DISTANCE FROM WELL, IN FEET Deep Well1 Shallow Well1 WASTEWATER STRUCTURES: Point of Discharge to Ground Surface Sanitary & Industrial Discharges 400 400 Water Treatment Plant Wastes 50 50 Well House Floor Drains 5 5 Sewers & Drains2 Sanitary & Storm Sewers, Drains 0-25 feet: prohibited 25-75 feet if water main pipe 75-200 feet if sanitary sewer pipe 0-25 feet: prohibited 25-75 feet if water main pipe 75-200 feet if sanitary sewer main pipe Sewer Force Mains 0-75 feet: prohibited 75-400 feet if water main pipe 400-1000 feet if water main or sanitary sewer pipe 0-75 feet: prohibited 75-400 feet if water main pipe 400-1000 feet if water main or sanitary sewer pipe Water Plant Treatment Process Wastes that are Treated Onsite 0-5 feet: prohibited 5-50 feet if sanitary sewer pipe 0-5 feet: prohibited 5-50 feet if sanitary sewer main pipe Water Plant Wastes to Sanitary Sewer 0-25 feet: prohibited 25-75 feet if water main pipe 75-200 feet if sanitary sewer pipe 0-25 feet: prohibited 25-75 feet if water main pipe 75-200 feet if sanitary sewer main pipe Well House Floor Drains to Sewers 0-25 feet: prohibited 25-75 feet if water main pipe 75-200 feet if sanitary sewer pipe 0-25 feet: prohibited 25-75 feet if water main pipe 75-200 feet if sanitary sewer pipe Well House Floor Drains to Surface 0-5 feet: prohibited 0-50 feet if sanitary sewer pipe 0-5 feet: prohibited 0-50 feet if sanitary sewer main pipe Land Disposal of Treated Wastes Irrigation of Wastewater 200 400 Land Application of Solid Wastes3 200 400 Other Cesspools & Earth Pit Privies 200 400 Concrete Vaults & Septic Tanks 100 200 Lagoons 400 1000 Mechanical Wastewater Treatment Plants 200 400 Soil Absorption Fields 200 400 CHEMICALS: Chemical Application to Ground Surface 100 200 Chemical & Mineral Storage above Ground 100 200 Chemical & Mineral Storage on or Under Ground 200 400 Transmission Pipelines (such as fertilizer, liquid petroleum or anhydrous ammonia) 200 400 ANIMALS: Animal Pasturage 50 50 Animal enclosure 200 400 Earthen Silage Storage Trench or Pit 100 200 Animal Wastes Land Application of Liquid or Slurry 200 400 Land Application of Solids 200 400 Solids Stockpile 400 400 Storage Basin or Lagoon 400 1000 Storage Tank 200 400 MISCELLANEOUS: Basements, Pits, Sumps 10 10 Cemeteries 200 200 Cisterns 50 100 Flowing Streams or Other Surface Water Bodies 50 50 Railroads 100 200 Private Wells 200 400 Solid Waste Landfills and Disposal Sites4 1000 1000 1 Refer to Section 229.01 for definition. 2 The separation distances are dependent upon two factors: the type of piping that is in the existing sewer or drain, as noted in the table, and that the piping was properly installed in accordance with the standards. 3 Solid wastes are those derived from the treatment of water or wastewater. Certain types of solid wastes from water treatment processes may be land-applied within the separation distance on an individual, case-by-case basis. 4 Solid waste means garbage, refuse, rubbish and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural and domestic activities. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the _____ day of _____________________ 2020, and approved this _____ day of _____________________ 2020. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk