HomeMy WebLinkAboutAdopting Wellhead Protection Ord #103-98 from St Joe County Health Dep and incorporate it in Ch 17, Art 5, Sec 17-47.1ORDINANCE No.
Passed by the Compton Council of the City of Soutli Bend, Indiana
Nl~rch 25,
Attest:
Attest:
20 02
Presented by me to the Mayor of the Ciry of South Bend, Indiana
City Clerk
President of Common Cottncil
~ ~ n rCt7,vrr-~ , 2~ _U 2
City Clerk
Approved and signed by me March 26, 20 02
Mayrn
ORDINANCE NO.
~ 3~`1-~~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT
WELLHEAD PROTECTION ORDINANCE #103-98, AND INCORPORATING IT AT
CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE IN A NEW ARTICLE 5,
SECTION 17-47.1
STATEMENT OF PURPOSE AND INTENT
On October 13,1998 the St. Joseph County Council approved Ordinance #103-98, amending
Title 24 of the St. Joseph County Code, by adding to it Chapter 24.24, Wellhead Protection, which
Ordinance was also approved by the Board of Commissioners for St. Joseph County at its meeting
on October 20, 1998.
The purpose of the Wellhead Protection Ordinance is to protect the public health, safety and
welfare of persons and property in St. Joseph County by protecting the ground water resources of
St. Joseph County. Under this program inspections are performed by the County Health Officer in
delineated wellhead protection areas near public water supply well fields. This will assure the public
of an adequate quantity of safe drinking water.
The City of South Bend utilizes a Community Public Water System (CPWS) as defined by
the Ordinance as 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. Under the terms and provisions of St. Joseph County Ordinance #103-98 (Chapter 24.24
of the St. Joseph County Code), a Community Public Water System, such as is operated by the City
of South Bend, may request the St. Joseph County Health Department to provide the Wellhead
Protection Program.
The City of South Bend Board of Public Works has reviewed the 5t. Joseph County Council
Wellhead Protection Ordinance (#103-98 amending Chapter 24.24 of Title 24 of the St. Joseph
County Code), and on February 7, 2002 the South Bend Board of Public Works under Resolution
No. 3-2002 recommended adoption by the City of South Bend of the Wellhead Protection Program
of St. Joseph County.
It is in the best interest of the City of South Bend that the St. Joseph County Wellhead
Protection Ordinance be adopted by the City of South Bend and administered by the St. Joseph
County Health Department.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA that:
Section I. The City of South Bend hereby adopts the St. Joseph County Wellhead Protection
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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
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motor vehicle, rolling stock or aircraft.
(7) Groundwater. Any water below the surface of the ground within the interstices of
the rock or soil.
(8) Hazardous Substance. Any substance as set forth in 42 USC 9601(14) as presently
existing or subsequently amended. The Health Officer may add substances to be
included as a hazardous substance in this Ordinance including the minimum quantity
by appropriate rulemaking.
(9) Health De artment. The Health Department of St. Joseph County, Indiana.
(10) Health Officer. The Health Officer of the Health Department of St. Joseph County,
Indiana.
(11) High Capacity Well. A well, in accordance with 310 IAC 16-1-14, which has the
capability of withdrawing one-hundred thousand (100,000) gallons of groundwater
or more in one (1) day.
(12) IAC. Indiana Administrative Code
(13) IC. Indiana Code
(14) Operator. Any person in control of, or having responsibility for the operation of a
facility subject to this Ordinance.
(15) Owner. Any person who owns property and or a facility or part of a facility subject
to this Ordinance.
(16) Person. Any individual, trust, firm, joint stock company, Federal agency,
corporation (including a government corporation), limited liability company,
partnership, Copartnership, company, estate, municipal corporation, City, School
City, Town, School Town, School District, School Corporation, County, State
Agency, Association, State, Commission, political subdivision of the State, any
interstate entity or any other legal entity or their legal representative.
(17) Potable Water. Water intended and suitable for drinking or culinary purposes.
(18) Potential Source of Contamination. Any of the following conditions constitutes a
potential source of contamination for purposes of this Ordinance.
(a) The presence of a hazardous substance or regulated substance in the vadose
zone in sufficient quantity or concentration to present a reasonable likelihood
that it will damage groundwater.
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(b) The presence at a facility of any of the following activities or conditions,
involving hazardous or regulated substances
(1) An underground storage tank
(2) An above-ground storage tank
(3) A drum storage area
(4) A waste pile, including one consisting of contaminated soil awaiting
removal
(5) A surface impoundment
(6) A rail ortruck-loading or transfer area
(7) An outdoor storage or disposal area exposed to precipitation.
A facility containing 600 gallons or more of a regulated substance in
a single container, including electrical transformers.
Activities described in (2) and (3) above do not represent a potential source of contamination
if they are completely enclosed in a building in an area with no floor drain and an impermeable floor
and walls sufficient to contain a release of 100 percent of the contents.
(19) Public Water Supply. Any wells, reservoirs, lakes, rivers, sources of supply, pumps,
mains, pipes, facilities and structures through which water is obtained, treated as may
be required and provided to the public through a water distribution system that serves
at least twenty-five (25) persons per day for drinking, domestic use, or other
purposes, including state owned facilities, or that has at least fifteen (15) service
connections.
(20) Public Water S st~PWSI. A system for supplying potable water if such system
has at least fifteen (15) service connections or regularly serves an average of at least
twenty-five (25) individuals daily at least sixty (60) days Out of the year. Such term
includes (1) any collection, treatment, storage, and distribution facilities under
control of the operator of such system, including the operator or administrator of such
system, and used primarily in connection with such system and (2) any collection or
pretreatment storage facilities not under such control which are used primarily in
connection with such system. Public Water System as used in this Ordinance shall
have the same applicability as Public Water Supply System or PWSS as used in 327
IAC 8-4.1, "The Wellhead Protection Rule", and defined at 327 IAC 8-4.1-1(20).
(21) SIC. SIC means the Standard Industrial Classification applicable to a particular
industrial activity in accordance with the Standard Industrial Classification Manual
published by the Office of Management and Budget of the Executive Office of the
President of the United States.
(22) ~ill• Spill has the meaning set forth in 327 IAC 2-6.1-4(15). which is "Spill means
any unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage,
seepage, discharge or other loss of petroleum, hazardous substances, extremely
hazardous substances, or objectionable substances. The term does not include
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releases to impermeable surfaces when the substance does not migrate off the surface
or penetrate the surface and enter the soil."
(23) Threat to Groundwater. Any of the following conditions constitutes a threat to
groundwater for the purposes of this Ordinance.
(a) The presence of a hazardous substance or regulated substance in the vadose
zone in sufficient quantity or concentration to present a reasonable likelihood
that it will damage groundwater.
(b) The presence at a facility of any of the following activities or conditions
involving hazardous or regulated substances in a manner either not in
compliance with applicable federal, state or local requirements, or in a
manner which represents an unreasonable risk of release to groundwater, or
to soil in a quantity sufficient to present a reasonable likelihood that it will
damage groundwater:
1. An underground storage tank
2. An above-ground storage tank
3. A drum storage area
4. A waste pile, including one consisting of contaminated soil awaiting
removal.
5. A surface impoundment
6. A rail or truck-loading or transfer area
7. An outdoor storage or disposal area exposed to precipitation.
(24) Time-of-Travel. The time required for groundwater to move from a specified point
to a well. Abbreviation (TOT).
(25) Underground Storage Tank (USTI. Underground Tank Storage Tank means any one
or combination of tanks (including underground pipes connected thereto) that is used
to contain an accumulation of hazardous substances or petroleum, and the volume of
which (including the volume of underground pipes connected thereto) is 10% or
more beneath the surface of the ground:
This term does not include any:
(a) Farm or residential tank of 1,100 gallons or less capacity used for storing
motor fuel for noncommercial purposes;
(b) Tank used for storing heating oil for consumptive use on the premises where
stored;
(c) Septic tank;
(d) Pipeline facility (including gathering lines) regulated under:
1. The Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671, et
seq.), or
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2. The Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App.
2001, et seq.), or
3. Which is an intrastate pipeline facility regulated under State Laws
comparable to the provisions of the law referred to in paragraph
(d)(1) or (d)(2) of this definition;
(e) Surface impoundment, pit, pond or lagoon;
(f) Storm water or wastewater collection system;
(g) Flow-through process tank;
(h) Liquid trap or associated gathering lines directly related to oil or gas
production and gathering operations; or
(i) Storage tank situated in an underground area (such as a basement, cellar,
mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or
above the surface of the floor.
The term "underground storage tank" or "UST" does not include any pipes connected to any
tank which is described in paragraphs (a) through (i) of this definition.
(26) USC. United States Code
(27) Wastewater. A combination of liquid and water-carried wastes from residence(s),
commercial building(s), industry(s), and/or institution(s), or any other facility
together with any groundwater, surface water or storm water that may be present.
(28) Wastewater Disposal System. All equipment and devices necessary for conveyance,
collection, storage, treatment and disposal of wastewater.
(29) Well. Any artificial excavation that derives water from the interstices of the rocks
or soil it penetrates.
(30) Wellhead Protection Area (WHPA). The surface and subsurface area, delineated by
fixed radius, hydro geological mapping, analytical, semi-analytical or numerical
flow/solute transport methods, or any other method approved by the Health Officer,
which contributes water to a public water system well or well field, and through
which contaminants are likely to move through and reach the well within a specified
period.
(31) Well Owner. The legal owner of the real estate containing the well site.
d. WATER RESOURCES ADVISORY BOARD.
(1) Composition. A WaterResources Advisory Board shall be established and appointed
by the County Board of Health as well as various governmental units. The Advisory
Board shall consist of the following voting members:
Annointed by the Board of Health:
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One (1) Medical Doctor holding an unlimited license to practice in Indiana.
One (1) Biologist
One (1) Chemist
One (1) Certified Professional Geologist competent in hydro geology.
One (1) Person competent in Hazardous Substances Management;
Appointed by the Board of Commissioners:
One (1) Representative of Industry
One (1) Municipal Water System Representative from a system other than South
Bend and Mishawaka.
One (1) Representative from the Home Building or Land Development Industry;
One (1) Representative of the St. Joseph County Soil and Water Conservation
District.
Appointed by the County Council:
One (1) Active Farmer in St. Joseph County, Indiana;
One (1) Member of the General Public;
One (1) Realtor;
One (1) Representative of Commerce
Appointed by the Mayor of Mishawaka:
One (1) Municipal Water System Representative ofthe Mishawaka WaterTreatment
Facility
Appointed by the Moor of South Bend:
One (1) Municipal Water System Representative of the South Bend Water Treatment
Facility.
One (1) CMi Engineer licensed to practice in the State of Indiana, competent in water
resources.
Appointed Automatically:
The St. Joseph County Extension Educator CED Agriculture and Community
Development.
Initially, the terms shall be such that approximately one-third (1/3) of the board is appointed
each year on a three (3) year rotation. Then, the term of appointment for all Advisory Board
Members shall be three (3) years, staggered to ensure continuity.
The Water Resources Advisory Board shall elect its own Chairman and Vice-Chairman
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annually. The Water Resources Advisory Board shall meet not less frequently than every
calendar quarter. At least nine (9) members shall be present to constitute a quorum. No
proxies shall be allowed. The Water Resources Advisory Board shall adopt bylaws
governing the meetings and business of the Board.
(2) Responsibility of WaterResources Advisory Board. The role ofthe Water Resources
Advisory Board shall be:
(a) Provide a written recommendation to the County Board of Health regarding
the adverse effects or critical impact a proposed land use could have on a
specific WHPA.
(b) Review WHPA maps and make recommendations regarding the presentation
of information to the public.
(c) Act as advisor to the County Board of Health making specific
recommendations concerning safeguards to reduce the risk of damage in
WHPA.
(d) Review this Ordinance and any other ordinances regarding groundwater
protection/management, as necessary, at least once every four years as
required by Section H.
(e) Generally advise the Health Officer and County Board of Health on all
matters concerning this Ordinance and any other ordinances and regulations
regarding groundwater protection/management.
e. WELLHEAD PROTECTION.
A community public water system may request the Health Department to provide the
following wellhead protection program:
(1) Wellhead Protection Area.
(a) Purpose• The Wellhead Protection Area (WHPA) is designed to safeguard
the public health, safety and welfare of the people served by a CPWS by
regulating the storage, handling, use and/or production of potential sources
of contamination within such areas. The intent of a WHPA is to protect the
community's potable water supply against damage. All regulated activities
within the WHPA shall be in conformance with the requirements of the
County Board of Health, the State of Indiana Wellhead Protection Program
adopted by the Indiana Department of Environmental Management, and 327
IAC 8-4.1, "The Wellhead Protection Rule".
(b) Determination of WHPA. WHPA's shall be delineated by the CPWS's in
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accordance with criteria established in 327 IAC 8-4-1-5. Each WHPA
delineated in accordance with requirements of 327 IAC 8-4.1, includes two
(2) zones, Zone 1 and Zone 2. Zone 1 is the two-hundred (200) foot
minimum horizontal radius at the ground line surrounding each well. Zone
2 is the five (5) year TOT less Zone 1.
In case of multiple wells in a single well field, defined as having wells at less than
one-thousand (1,000) foot separation distance, the PWS will delineate the entire well field
as one WHPA.
After approval of Zones 1 and 2, as defined above, by IDEM, the CPWS may submit the
delineations to the Health Department for inclusion in this program. Additionally, each
individual WHPA will be shown on a map accessible to the public at the location or
proposed location of any existing or proposed CPWS according to the specifications of the
Health Officer. However, provisions of this Ordinance shall not-apply if the subject well
field is not operating within 18 months of such an approval.
Such WHPA maps shall be amended from time to time as necessary. Such maps shall be
supplemented by the CPWS with documentation to substantiate the delineations, ifrequested
by the Health Officer.
(c) Determination of Applicability The provisions of this section shall apply to
all of the land within WHPA's as shown on the appropriate maps.
(d) Postin of WHPA. The WHPA shall be posted by the appropriate CPWS, as
directed by the Health Officer, on maj or thoroughfares with appropriate signs
at the borders of the designated areas.
(2) Wellhead Protection Area (WHPA) Permit.
(a) Exemptions from WHPA Permit. Properties that have no activities or have only
activities which are limited to the following SIC codes are exempt from the
requirements of this Ordinance except as provided in Section (ii) below:
(i) General Exemptions:
53 (General Merchandise Stores)
54 (Food Stores)
56 (Apparel and Accessory Stores)
57 (Home Furniture, Furnishings, and Equipment Stores)
58 (Eating and Drinking Places)
59 (Miscellaneous Retail)
60 (Depository Institutions)
61 (Nondepository Credit Institutions)
62 (Security and Commodity Brokers, Dealers, Exchanges and
Services)
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63 (Insurance Carriers)
64 (Insurance Agents, Brokers and Services)
65 (Real Estate)
67 (Holding and Other Investment Offices)
70 (Hotels, Rooming Houses, Camps and Other Lodging Places)
72 (Personal Services)
73 (Business Services)
78 (Motion Pictures)
82 (Educational Services)
83 (Social Services)
86 (Membership Organizations)
87 (Engineering, Accounting, Research, Management and Related
Services)
88 (Private Households)
89 (Miscellaneous Services)
91 (Executive, Legislative, and General Government, Except
Finance)
92 (3ustice, Public Order and Safety)
93 (Public Finance, Taxation and Monetary Policy)
94 (Administration ofHuman Resource Programs)
96 (Administration of Economic Programs)
The word "property" as used herein means a single contiguous property.
Additional properties, as determined by the Water Resources Advisory Board and listed by
the Health Department shall be exempt from the requirements of this rule.
(ii) Exceptions to Exemptions:
(A) Properties that possess one (1) or more dry well or any
underground storage tank shall not be exempted from the
requirements of this Ordinance.
(B) Properties that the Health Department expressly determines
to contain a potential source of contamination shall not be
exempted from the requirements of this Ordinance.
(b) Applicability for WHPA Permit. Property Owners, except for those
exempted in Section E(2)(a), containing one or more potential sources
of contamination within the WHPA shall obtain a WHPA Permit.
Utilities or local units of government with multiple facilities on several
properties may apply for a single permit for all or a portion of their facilities
in a single WHPA. Property owners on whose property such a facility exists
and is covered by this type of permit shall not be required to obtain a permit
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for these facilities.
(c) WHPA Permit A lication Re uirements. A WHPA Permit application shall
be on an appropriate form, developed by the Health Department, based on
items i -viii below.
Such initial applications shall be submitted by the later of two (2) years of
adoption of this Ordinance or one (1) year after approval of the WHPA by the
Health Department. Initial applications and renewal applications shall
include, but not be limited to the following information:
(i) Name ofproperty ownermaking application (including specific division),
number, and any other distinguishing titles specific to that property.
(ii) Complete address, telephone number, and responsible person of the
property.
(iii) Means of water supply and wastewater disposal at the property, and any
permit or permit application numbers.
(iv) Description of operations within the property.
(v) Property Tax Identification Number.
(vi) An inventory list giving a general description of potential source(s) of
contamination, location of the potential source(s) of contamination on the
property, storage capacity or volume and approximate land area that is
associated with each potential source of contamination. (For storm water
sources, this shall not include storm water from offsite). Such list shall also
include all formerly used, but presently out-of-service potential sources of
contamination and the date each such potential source of contamination was
taken out-of-service. In the case of utilities and local units of government
with multiple facilities, however, a general description of potential source(s)
of contamination only is required.
(vii) Description of existing and proposed zones of engineering control and
best management practices to protect soil from contamination posing a threat
to groundwater.
(viii} Such other information as is needed to show that compliance with this
Ordinance will be achieved or as the Health Officer may require by
regulation or otherwise to properly review the application.
Prior to making an application for any Construction Permits for any structure
which will or may contain any threat to groundwater, a property shall submit
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an Application for the WHPA Permit within the WHPA. No other permits
shall be issued under this Ordinance until the WHPA Permit has been issued.
(d) Requirements Applicable to All WHPA Permits. The following requirements
apply to all WHPA Permits:
(i) Sampling, testing, and monitoring of dry wells and potential sources of
contamination at such locations, at such times, and in such a manner, as the
Health Department may reasonably prescribe if a threat to groundwater
exists.
(ii) Use of zones of engineering control and best management practices for
all potential sources of contamination at such locations, at such times, and in
such a manner, as the Health Department may reasonably prescribe if a threat
to groundwater exists.
(iii) Posting of an emergency contact list in a conspicuous manner.
(iv) Notification of any substantial changes in a facility with regard to
storage, handling, production or use of potential groundwater contaminants.
(v) Posting of information for employees concerning name, address and
phone number of applicable CPWS personnel for notification purposes.
(vi) Notification to appropriate CPWS whenever a spill is required to be
reported in accordance with the "Spills, Reporting, Containment and
Response Rule" 327 IAC 2-6.1. Such notification shall be within twenty-four
(24) hours of State notification.
(e) Issuance of WHPA Permit. Upon review of application, along with
consideration ofthe Water Resources Advisory Board recommendations and
upon determination that the application facility meets all requirements of this
Ordinance, the Health Officer shall issue a WHPA Permit for the facility
making application within a specified WHPA.
A permit fee and inspection fee, as prescribed by the St. Joseph County
Council, shall be paid to the Health Department of St. Joseph County,
Indiana, at the time the application is filed. The permit shall be valid not
more than 5 years and may be issued on a staggered basis. Renewal
applications must be filed no later than six (6) months prior to the expiration
of an existing permit. If a permit is neither issued or denied in writing within
60 days of the application, the permit shall be considered issued with all
general requirements assigned.
(f) Denial of Application for WHPA Permit. If it is determined by the Health
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Officer that a facility shall not be issued a WHPA Permit, the following must
be included in the written denial notice:
(i) Name of property, number or other distinguishing titles specific to that
property.
(ii) Address of property.
(iii) Effective date of denial.
(iv) Reason for denial.
(v) Date property shall cease operation, if existing facility.
(vi) Notification of requirements for appeals procedure according to Section
E(2)(g) of this Ordinance.
Permits may be denied for the following reasons:
1. Failing to meet requirements of WHPA Permits.
2. Activities that, based on credible evidence, pose a threat to
groundwater.
3. Presence of unlawful activity on the property.
(g) Appeals Procedure for Denial of Application for WHPA Permit.
(i) Request for Appeal. Within fifteen (15) days of receipt of a denial to issue
a WHPA Permit within a WHPA, the property owner may submit an Appeal
to the County Health Board. Such a request must include:
(A) Name of property owner.
(B) Address of property owner.
(C) Address of property in question.
(D) Telephone number.
(E) Description of the nature of the appeal.
(F) Any pertinent documentation regarding the appeal.
(h) Non-Transferability of WHPA Permit. Unless formally denied, a WHPA
Permit shall be issued for each facility operating within the WHPA; such
permit may be transferred upon application to and after review by the Health
Department. Such permit shall not be transferable if the permitted property
is vacant or unoccupied for a period of six (6) months.
(3) Restrictions in WHPA.
(a) Zone 1. Only those activities and land uses necessary for the operation and
maintenance of a community public water system shall be allowed within
Zone 1 of the WHPA of a new, non-replacement community public water
system water well or well field.
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(b) All Zones. Use or installation of new, non-replacement residential on-site
wastewater disposal systems is prohibited unless land area for two (2)
systems that meet 410 IAC 6-8.1 requirements is provided.
(4) Authority. The administration of this Ordinance shall be under the authority of the
Health Officer. The County Board of Health shall be responsible for the following:
(a) Updating all appropriate maps to include delineated WHPAs and to amend,
as necessary, for changes in pumping rates.
(b) Set development standards and requirements.
(c) Maintain record files on all decisions made by Water Resources Advisory
Board, Health Department and Health Officer.
(d) Review final documentation necessary to insure compliance with
regulations.
(e) Issuance of WHPA Permits, review all WHPA Permits issued to insure
compliance with regulations, and monitor compliance with all WHPA
Permits.
(f) Issue Notice of Violations as appropriate.
(5) Violations. A person shall be in violation of this section of the Ordinance, if the
person:
(a) Fails to apply for a WHPA Permit for the property within a WHPA
(b) Fails to comply with requirements and restrictions within designated WHPAs.
(c) Fails to report spills to the Health Department and/or the community public
water system within an appropriate time as required by this Ordinance.
(d) Falsifies statements or documents pertinent to compliance with this
Ordinance.
(e) Fails to comply with any other provision of this Ordinance.
(6) Limitations of Jurisdiction Liability. Nothing in this Ordinance shall be construed
to imply that the Health Officer, County Board of Health, or Health Department by
issuing a WHPA Permit, has accepted any liability if a permitted development or
facility damages groundwater within the WHPA.
f. REPORTING REQUIREMENTS SUBSTITUTION.
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In the case where a report requiring information of the same character must be filed to meet
a State or Federal requirement, the report may be copied and submitted to the Health Officer
in lieu of otherwise applicable reporting requirements under this Ordinance. Any of the
above information required, not included in the report, must be submitted additionally.
g. ENFORCEMENT.
(1) Authority to Adopt Rules and Regulations. The County Board of Health may adopt,
amend or rescind any such rules and regulations and standards as deemed necessary
for proper enforcement and to carry out the purposes and intent of this Ordinance.
This shall be accomplished using public comment periods, public meetings, public
hearings in accordance with State law and upon the advice of the Water Resources
Advisory Board.
(2) Right-of-Entr~pon Premises. The Health Officer or an authorized representative,
bearing proper credential and identification, may enter upon and inspect private
property, at proper times after due notice, for such purposes as inspections,
observation, measurement, sampling, testing and records examination necessary to
carry out the provisions of this Ordinance.
In the event a person who has common ownership over a building, structure or land
does not permit an inspection, the inspection may be rescheduled and shall be noticed
by United States Certified Mail. Failure of such person to thereafter permit an
inspection will be sufficient grounds and probable cause for a court of competent
jurisdiction to issue an administrative warrant for the purpose of inspecting,
observing, measuring, sampling, testing or records examination necessary to carry
out the provisions of this Ordinance.
In the event a building, structure or land appear to be vacant or abandoned and the
property owner cannot be readily contacted in order to obtain consent for an
inspection, the Health Officer may enter into or upon any open or unsecured portion
of the premises in order to conduct an inspection.
Any person violating any provisions of this Ordinance shall become liable to the
County Health Department for any expense, loss or damage occasioned it by reason
of such violation.
(3) Issuance of Notice of Alleged Violation. Whenever the Health Officer determines
that there are reasonable grounds to believe that there has been a violation of any
provision of this Ordinance, he shall give notice in writing of such alleged violation
to the person or persons responsible therefore, and to any known agent of such
Person. Such notice shall:
(a) Include a statement of reasons why it is being issued.
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(b) Allow a reasonable time for the performance of any act it requires.
(c) Be served upon the Owner or his agent, or the operator, as the case may
require; provided that such notice shall be deemed to be properly served upon
such owner or agent, or upon such operator, if a copy thereof is served upon
him personally, or if a copy thereof is sent by certified mail to his last known
address, or if a copy thereof is posted in a conspicuous place in or about the
dwelling affected by the notice, or if he is served with such notice by any
other method authorized or required under the laws of this State.
(d) Contain an outline of required remedial action.
(e) Describe the penalty which is imposed for non-compliance.
(4) Request for Hearin. Any person affected by any such notice issued by the Health
Officer may request and shall be granted a hearing on the matter before the County
Board of Health, provided that such person shall file with the office of the Health
Officer by mail postmarked or hand delivered, within fifteen (15) days after service
of the notice, a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor. Upon receipt of such petition, the Health Officer
shall arrange a time and place for such hearing and shall give the petitioner written
notice thereof. Such hearing shall beheld as soon as practicable after the receipt of
a request therefor. At such hearing the petitioner shall be given an opportunity to be
heard and to show cause why such notice should not be complied with.
(5) Issuance of Order: Revocation of Permit. After such hearing, the County Board of
Health shall sustain, modify, or withdraw the notice, depending upon his/her findings
as to whether the provisions of this Ordinance have been complied with. If the
Health Officer shall sustain or modify such notice in writing, it shall be deemed to
be an order. Any notice properly served shall automatically become an order if a
written petition for a hearing is not filed in the office of the Health Officer within the
fifteen (15) days after such notice is served. After a hearing in the case of any notice
suspending any permit required by this Ordinance, when such notice has been
sustained by the County Board of Health, the permit shall be deemed to have been
revoked. Any such permit which has been suspended by a notice shall be deemed to
be automatically revoked if a petition for hearing is not filed in the office of the
Health Officer within fifteen (15) days after such notice is served.
(6) Issuance of Emer~ency Orders and Permits. Whenever the Health Officer finds that
an emergency exists which requires immediate action to protect the public health, the
Health Officer may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as the Health Officer
deems necessary to meet the emergency. Norivithstanding any other provisions of
this Ordinance, such order shall be effective immediately. Any person receiving
such an order may seek a hearing under subparagraphs D and E while carrying out
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such order and shall have the right to recover any of its response costs to the extent
that the order or any portion thereof is found to have been arbitrary or capricious or
not otherwise in accordance with law. After such consideration, depending upon the
finding as to whether the provisions of this Ordinance have been complied with, the
Health Officer shall continue such order in effect, modify it or revoke it.
h. ORDINANCE REVIEW. The Water Resources Advisory Board shall formally review
Section 17-47.1 of the South Bend Municipal Code as necessary but at least every four (4)
years. This review shall assess the performance of the Section as it fulfills its Statement of
Purpose and Intent. Additionally, the review shall identity new federal, state, and local laws
and regulations, new technologies, and new Best Management Practices that apply to the
Section. The results of the review along with any recommendations shall be submitted in
writing to the St. Joseph County Board of Health.
VARIANCES. The County Board of Health shall consider a petition for variances,
exemptions, and exceptions from provisions of this Ordinance, the Well Drilling and Water
Supply Systems Ordinance and the Source Water Supply Ordinance, after review by the
Water Resources Advisory Board, and in no case later than sixty (60) days after the petition
is filed. An adverse decision by the Health Board is a final order and is appealable.
PENALTIES. Any person found to be violating any provision of this Ordinance shall be
served by the Health Department with a written order stating the nature of the violation and
providing a time limit for satisfactory correction.
Any person who shall continue any violation of this Ordinance beyond the time limit
provided for above shall upon conviction be punished for each offense by a penalty of not
more than Five Hundred Dollars ($500.00); for the second offense by a penalty of not more
than One Thousand Dollars ($1,000.00) and for the third and each subsequent offense by a
penalty of not more than One Thousand Five Hundred Dollars ($1,500.00). Each day after
the expiration of the time limit for abating the violation shall constitute a distinct and
separate offense.
Any person violating any provisions of this Ordinance shall become liable to the Health
Department for any expense, loss, or damage occasioned it by reason of such violation.
k. SEVERABILITY. If any section or part of this Ordinance or Code be for any reason held
unconstitutional or invalid by a court of competent jurisdiction, that holding shall not affect
the validity of the remaining portions of the Ordinance or Code, but the remaining portions
shall be and remain in full force and effect.
1. DISCLAIMER OF LIABILITY. The Ordinance shall not create liability on the part of the
Health Department or any officer, employee or agent thereof for any damage which may
result from reliance on this Ordinance or on any administrative decision lawfully made
thereunder.
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All inspections shall be at the discretion of the Health Officer and nothing in this Ordinance
shall be construed as requiring the Health Officer to conduct any inspection nor shall any
inspection imply a duty to conduct any other inspection. Nothing in this Ordinance shall be
construed to hold the Health Officer responsible for any damage to persons or property by
any failure to make an inspection or reinspection.
m. REFERENCED STANDARDS HEREIN. Any standard, bulletin, rule or regulation
referenced shall include any revisions or amendments made to such instrument. All sampling
and testing shall be accomplished according to standards set by the Health Officer.
n. COUNTY HEALTH FUND. All monies collected pursuant to this Ordinance shall be
deposited in the County Health Fund. Expenditures from this fund shall be in accordance
with all applicable laws.
SECTION III. The City of South Bend Water Works, which is the intended Community
Public Water System (CPWS) in this Ordinance, shall designate and delineate the Wellhead
Protection Area (WHPA) in accordance with criteria established in 327 IAC 8-4-1-5 and asset forth
in this Wellhead Protection Ordinance.
SECTION IV. Property owners within the corporate limits of the City of South Bend not
exempted under this Ordinance, utilities or local units of government with multiple facilities on
several properties, shall apply for and obtain a Wellhead Protection Area Permit issued by the St.
Joseph county Health Department in accordance with the terms and provision ofthis Ordinance, and
shall comply with the requirements applicable to all Wellhead Protection Area Permit holders as
described in this Ordinance
SECTION V. The ordinance shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
~~~
Member, South Bend Common uncil
1st. READING 'Z'LS-DZ ~
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PUfiLIC HEARING 3-ZS-OL t - w, ~..
3rd READING ~, _ 1. ~-'~ 2 CA 3 .S u,;y,3 ,S~-~.-~'st. w s.'~~,~+ ~~,~.~
NOT APPROVED v
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PASSED 3 'LS° 02. 0.5 ~'~~~~~~~''~' ~ ~~
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
14-02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH
COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION
ORDINANCE #103-98, AS AMENDED
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as
substituted and amended as follows:
New Title
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT
WELLHEAD PROTECTION ORDINANCE #103-98, AND INCORPORATING IT AT
CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE IN A NEW ARTICLE 5,
SECTION 17-47.1
Page 18, Section II, part "n" to read as follows:
COUNTY HEALTH FUND. All monies collected pursuant to this Ordinance shall be
deposited in the County Health Fund. Expenditures from this fund shall be in
accordance with all applicable laws.
Karl King
Chairman
14UU CAU; l'IY-000Y BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTFI BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
CHARLES S. LEONE
CITYATTORNEY
Mr. Roland Kelly
President, South Bend Common Council
41'' Floor County-City Building
South Bend, IN 46601
PHONE 574/ 235-9241
Fnx 574/235-9892
TDD 574! 235-5567
ALADEAN M. DEROSE
March 6, 2002 CHIEF ASSISTANTCITYATTORNEY
Re: Bill #14-02, Wellhead Protection Substitute Ordinance
Dear Council President Kelly:
Attached is a Substitute Bill No. 14-02 which adopts the St. Joseph County Wellhead
Protection Ordinance. The change from the original bill is the incorporation of the County's
Wellhead Protection Ordinance within the South Bend Municipal Code. Thus, this substitute bill
proposes to insert the County's Wellhead Protection Ordinance at Chapter 17, New Article 5,
Section 17-47.1 of the South Bend Municipal Code, and the Ordinance is set forth in full as it
will appear in the South Bend Code if approved by the Common Council.
Also enclosed for the information of the Council members is the fee schedule recently
revised and adopted by the County Board of Commissioners (Resolution # R-4-C-2002) for
permits and site inspections under the County Wellhead Protection Ordinance. As you will see,
the South Bend Ordinance refers to and adopts the fees prescribed by the County Health
Department. (See Section e(2)(e), page 12 of the substitute ordinance.)
Again, we request the Common Council's favorable review of this ordinance. Public
Works Director Gary Gilot will make the formal presentation of the Substitute Ordinance to the
Council and will answer any questions you may have.
Sincerely, --- _
/ ~; ~~
;~
-Aladean M. DeRose _, ,___~_...~
Chief Assistant City Attorney _ --
AMD/cw ~ ~ :.
~ ~ -
~ ;; ~ ;d
THOMAS L. BODNAR CHERYLA. GREENS ,JOHN E. BRODEN
JEFFREY M. JANKOWSHI ROBERT C. ROSENFELD ANN-CAROL NASH