Adopting Wellhead Protection Ord #103-98 from St Joe County Health Dep and incorporate it in Ch 17, Art 5, Sec 17-47.1

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Ordinance #103-95 as amended and further requests and=authorizes the St. Joseph County Health Department to administer the Wellhead Protection Program for the benefit of the Community Public Water System utilized by The City of South Bend. SECTION II. Chapter 17 of the South Bend Municipal Code shall be amended by adding a new Article 5, Wellhead Protection, and a new Section 17-47.1, which is essentially Title 24, Chapter 24.24 of the St. Joseph County Code (Ordinance # 103-98) and which shall read as follows: Section 17-47.1 Wellhead Protection a. CONFLICTING ORDINANCES. The provisions of this Ordinance shall be deemed as additional requirements to minimum legal requirements of other governmental entities. In case of conflicting requirements, the most restrictive shall apply. b. COMPLIANCE WITH OTHER ORDINANCES AND LAWS. In addition to the requirements of this Ordinance, compliance with the requirements set forth in the Local, Federal and State of Indiana statutes, rules, regulations and ordinances shall be required. In case of conflicting requirements, the most restrictive shall apply. c. DEFII~TITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: (1) Best Management Practices. Schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities and other management practices to prevent or reduce the damage of the waters and soil of St. Joseph County. (2) Community,Public Water S st~CPWSI. A public water system that pipes water for human consumption to at least 15 service connections used by year-round residents or one that regularly serves at least 25 year-round residents. (3) County Board of Health. The St. Joseph County Board of Health. (4) Damage. Damage has the meaning set forth in 327 IAC 2-6.1-4. (5) Dry Well. A subsurface facility used for the dissipation of storm water into the ground. A dry well is a type of injection well. (6) Facility. Facility has the meaning set forth in 42 USC 9601(9) which is "The term "facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (b) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel." Facility does not include -2-