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HomeMy WebLinkAboutA-81, Protection of the AquiferORDINANCE AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE AQUIFER SERVING THE CITY OF CARMEL'S WELLS WHEREAS, circumstances can occur which may result in contamination of the aquifer for the City of Camel's water supply. WHEREAS, such circumstances may adversely affect the City's ability to provide an adequate Supply of safe water. WlrEREAS, it is in the best interest, well-being, and safety of the citizens of Carmel, In..Jiana~ that an adequate supply of safe water be maintained. NOW, THEREFORE, BE IT ORDAINED BY COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA: A. AnDlication This ordinances shall apply to all circumstances which can affect the aquifer serving the City of Carmel's wells. B. Definitions For purposes of this Ordinance~ the folio-~ing terms, phrases'and words are defined herein. Words used in the presepi:, tense, include the future, words in the plural include the singular and words in tlc singular include the plural. The word "shall" is always meant to be mandatory and not merely dire6tory. Municipal Water Utilitv/Utilitv. Ca_rmel Utilities Shall be the City of Carmel Municipal Water Utility. Local Planning Team (LPT) for Wellhead Protection As provided by the Federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM), the City of Carmel did form a Local Planning Team (LPT) for Wellhead Protection for the purpose of fulfilling the requirements of the Wellhead Protection Act (WPA). This was done for the purpose of protecting the public water supply for the City of Cannel. The LPT is an ongoing group of local citizens appointed by the Mayor of Carmel. The LPT has official functions as stated in WPA of Indiana. The LPT has, in its official capacity, petitioned the City to place into law the following 'regulations to safeguard the public drinking water supply. .. C. Powers Upon notice, either oral or written, that the LPT has determined that circumstances exist which may, or do, give rise to concern for the safety of the aquifer, the City shall be empowered to determine the necessary regulations to enforce. D. Enforcement For each day of non-compliance with this ordinance which presents a hazard to the aquifer serving the City of Carmel water supply, an individual, organization, and/or business may be fined $1,000 a day. Such t;nes may remain in effect until such revisions are completed to be in compliance w'th this ordinance. Violations of this Ordinance shall be cited by the CameJ Municipa! Metropolitan Police Department or Municipal Utility Employee. The Cai'reel City Cr,urt is authorized to hear all citations issued pursuant to this Ordinance and impose the fine as prescribed in this Ordinance. Regulation Regarding Lakes, Ponds, or Water Impoundments 'All lakes, ponds, or other water impoundment of any kind located within the "one year time of travel" as defined on the current map defining such time of travel shall be sealed. No lakes, ponds, or other water impoundments of any kind shall be allowed within the 200' radius ora wellhead. All lakes, ponds, or other water impou~ndments of any kind shall be sealed according to current specifications as adopted by the IPT. A core inspection of compacted clay sealing systems shall be obtained at the developer's expense~ by a field inspector trained in soils testing fi-om one of the following: a. The Carmel Utilities Department b. The Hamilton County Health Department c. A certified laboratory The inspector ~hall approve or reject the sealing system according to the most recent specifications required and the method of installation as defined by the LPT. Sampling shall be a minimum of one sample per acre or fraction thereof and a minimum of two samples per pond. Laboratory testing of permeability will be required only if the inspector has a question of compliance. The inspector may recommend the Utility Department require the contractor to have a qualified laboratory run a permeability test. Any laboratory fees will be at the contractor's expense. Notification shall be provided on a completed Carmel Utilities Sealing Inspection Report to Carmel Utilities forty-eight hours in advance of the inspection. A signed copy of the inspection report shall be provided Carmel .Utilities within forty-eight hours of completion of the inspection. Disputes shall be resolved by a licensed soils engineer found to be acceptable to all parties. F. Regulation Re~ardin.q Roadways Within the Wellhead Area Any roadway located contiguous to or within the 200' radius of a wellhead used and/or owned by the City of Carmel for production of drinking water shall be constructed according to the most recently approved LPT' specifications. G. Requlat on Re.qardinq Land Use Within the Wellhead Area There shall be no activity or encroachment within the 200' radius of'-a wellhead area owned by the City of Carmel without the approval of the LPT. H. Sunset Clause This ordinance shall become in no force and effect in the event that another jurisdiction or administrative agency with regulatory powers over the issue of wellhead protection and exerting control over public water wells in the City of Carmel's jurisdiction shall put into effect an ordinance that regulates wellhead protection. I. Savinq Clause In the event any provision of this Ordinance shall be declared by any Court of competent jurisdiction to be void or unenforceable, the same shall not affect the remaining paragraphs or 'provisions in this Ordinance. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council, until repealed. Passed and adopted this(~-~ day of /~,,'Oy'~r~J'~~/ , 1995 ATTEST: COMMON COUNCIL FOR THE~;.1 ;ARMEL, INDIANA Ted JohnSon 'esiding Officer ~S'..'aan Jonca, Clerk-Treasurer APPROVED: By c~ I ( ~I I' Gutter Gutter ?0 2'he Catch 8osins~ ~'- Polyeth. Wene Liner A Under Sub-Grade PLAN ~ %-30' 26' Curb & Gutter Liner 6" PVC Perforated 77/e 40 /W/I synthetic liner (PVC aC PE) installed per manufacturers recommendations. ~he City shall' receive a warranty from the manufacturers representative, Aggregate Subbase Aggregate Underdroinoge Section A-A N~ ROADWAY SPECIFICATIONS WITHIN 200' OF A CITY WATER SUPPLY WELL