Article 9 — Wellhead Protection Ordinance

State to develop and implement a Wellhead Protection Plan (WHP) for every well, well field or spring that is used as a source for a community public water supply; and

Department of Natural Resources, has submitted and received approval from the Environmental Protection Agency (EPA) of its WHP plan for the State of Georgia; and

Drinking Water” for the State of Georgia, under authority conferred by Chapter 5 of Title 12 of the Official Code of Georgia Annotated (O.C.G.A. § 12-5-170 et. seq., as amended); and

landfills, hazardous waste dumps and other undesirable uses and facilities regulated by the EPD, within management zones defined in an approved WHP Plan; and

threaten the quality of its water supply and intends to establish rules and authority to investigate, inspect and administer fines and penalties for non-compliance with such rules; and

City’s groundwater supply be protected from contamination by harmful chemicals and other pollutants.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.

amended (33 U.S.C. 1251 et. seq.).

substance or matter in water.

and Zoning. This Department is responsible for all the wellhead protection activities and implementation of this ordinance.

from a public water system meeting the maximum contaminant levels set forth by the “Rules for Safe Drinking Water” (O.C.G.A. § 12-5-170 et.

seq., as amended).

source of water supply for a public water system.

material that is classified as hazardous by the U.S. Environmental Protection Agency (CFR 40, part 261).

article within the city wellhead protection zone.

level of a contaminant in water that is delivered to any user of a public water system.

physical, chemical, radiological or biological properties.

source of water supply that has not received any type of treatment to change the physical, chemical, radiological or biological quality of the water.

to percolate and accumulate in aquifers connected to a public water system well.

putrescible or hazardous wastes are disposed of on land by placing earth cover thereon.

the physical, chemical, biological or radiological integrity of water.

otherwise constructed for the purpose of locating, testing or withdrawing ground water.

seals, valves, and other attachments.

water recharge around a well that should be protected from surface and subsurface sources of man-made pollution in order to protect the quality of drinking water supplies. This area has a radius of two (2) miles.

water recharge around a well that should be protected from surface and subsurface sources of man-made pollution in order to protect the quality of drinking water supplies. This area has a radius of twenty-five (25) feet of pervious area and fifteen (15) feet of impervious area.

ground water recharge around a well that should be protected from surface and subsurface sources of man-made pollution in order to protect the quality of drinking water supplies. This area has a radius of one (1) mile.

Upon determination that a violation of this article has occurred, the Director of the Department shall issue to the person responsible for the illicit discharge a written notice of the violation and the time in which to take steps to prevent a recurrence of the illicit discharge.

Any person who violates any provision of this article shall be subject to a fine not to exceed $500.00 or imprisonment in the city jail or stockade for not more than six months, or both such fine and imprisonment. Every day that a violation continues shall constitute a new and separate offense.

The City Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity for the enforcement of this article or to correct violations of this article.

The City Solicitor may institute proceedings to abate a nuisance for violations of this article that constitute a nuisance as defined in the City Code of Ordinances.

No person shall undertake or permit to be undertaken, uses and actions that are not in compliance with the requirements of this article.

The Department shall have the power to administer and enforce all regulations and procedures adopted to implement this article.

The Department shall develop and update periodically, a Wellhead Protection Plan for the city.

In addition, the Department has the authority to inspect private facilities that are potential pollution sources to enforce compliance with the requirements of this article.

Protection Control Zone, identified and described as all the area within a circle the center of which is the center of any existing or proposed City of Lawrenceville water supply well. The radius of this zone is twenty-five

Protection Management Zone, identified and described as all the area within a circle from the center of any existing or proposed City of Lawrenceville water supply well. The radius of this zone is one (1) mile and it is based on the geology of the well site and water yield to be obtained from the well.

Protection Buffer Zone, identified and described as all the area within a circle from the center of any existing or proposed City of Lawrenceville water supply well. The radius of this zone is two (2) miles and it is based on the geology of the well site and water yield to be obtained from the well.

geology and are shown on the Wellhead Protection Management Zones Map. This map is part of this ordinance.

The following uses or conditions shall be and are hereby prohibited within wellhead protection zone, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under Section 6 of this Ordinance:

commercial use of agricultural pesticides.

and walks serving buildings.

Waste Landfills.

of the Water Well Standards Act of 1985 (O.C.G.A. § 12-5-120, et. seq.).

Zone The following uses or conditions shall be and are hereby prohibited within wellhead protection management and buffer zones, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under Section 6 of this Ordinance:

agricultural pesticides.

Waste Landfills.

of the Water Well Standards Act of 1985 (O.C.G.A. § 12-5-120, et. seq.).

In the event of accidental or willful discharge of regulated substances within the City’s Wellhead Protection Zone, copies of all immediate and subsequent reporting required for compliance with federal and state regulations must also be submitted to the City of Lawrenceville, Department of Public Works on the same schedule.

and Zoning or his designee may appeal this decision by filing a written notice of appeal with the Director within seven (7) working days of the issuance of such decision by the Director.

decision by forwarding the written notice of appeal to the City of Lawrenceville Zoning Board of Appeals. A notice of appeal shall state the specific reasons why the decision is alleged to be in error, and the Director shall prepare and send to the Zoning Board of Appeals and the appellant a written response to such notice of appeal within thirty (30) working days of receipt of the notice of appeal.

their normal course of business procedure. The hearing shall be within forty-five (45) working days after receipt of the written response to such notice of appeal. The Planning and Zoning Department shall certify the decision by the Zoning Board of Appeals within thirty (30) days after the decision is made by the Zoning Board of Appeals.

shall be necessary to reverse any order, requirement, decision or determination of the Director.

Appeals may appeal to any court of competent jurisdiction within thirty

submitted on an application form as prescribed by the Director, along with such fees as shall be established by the Mayor and Council of the City of Lawrenceville from time to time. The Director shall coordinate the review of each waiver request by all other affected city departments and shall summarize such comments and recommendations as may be received to the Mayor and Council of the City of Lawrenceville for final action in their normal course of business.

jurisdiction of violating any provisions of these regulations shall be guilty of violating the duly adopted ordinance of the City of Lawrenceville and shall be punished either by a fine not to exceed $500.00 per day of violation or by imprisonment not to exceed sixty (60) days, or both. The owner of any lands or parts thereof, where anything in violation of these regulations shall be placed or shall exist, and each responsible party or other persons assisting in the commission of such violation, shall be guilty of a separate offense.

guilty of violation of these regulations on probation and to suspend or modify any fine or sentence. As a condition of said suspension, the Court may require payment of restitution or impose other punishment allowed by law.

undertaken in violation of these regulations, or any amendment thereto adopted by the Mayor and Council of the City of Lawrenceville, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding to a court of competent jurisdiction.

The policies and procedures for administration of any Wellhead Protection Zone established under this Ordinance, including without limitation, those applicable to non-conforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the City of Lawrenceville, as the same is presently enacted or may from time to time be amended.

Whenever the provisions of this article impose more restrictive standards than are required in or under any other article, the requirements herein contained shall prevail. Whenever the provisions of any other article require more restrictive standards than are required herein, the requirements of such shall prevail.

If any term, requirement or provision of this article or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this article or the application of such terms, requirements and provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, requirement or provision of this article shall be valid and be enforced to the fullest extent permitted by law.

Compliance with the provisions of this article shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law neither shall it impose any liability upon the city for damage to any person or property.