19-4-113 - Water source protection ordinance required.
19-4-113. Water source protection ordinance required.
(1) (a) Before May 3, 2010, a first or second class county shall:
(i) adopt an ordinance in compliance with this section after:
(A) considering the rules established by the board to protect a watershed or water sourceused by a public water system;
(B) consulting with a wholesale water supplier or retail water supplier whose drinkingwater source is within the county's jurisdiction;
(C) considering the effect of the proposed ordinance on:
(I) agriculture production within an agricultural protection area created under Title 17,Chapter 41, Agriculture and Industrial Protection Areas; and
(II) a manufacturing, industrial, or mining operation within the county's jurisdiction; and
(D) holding a public hearing in accordance with Title 52, Chapter 4, Open and PublicMeetings Act; and
(ii) file a copy of the ordinance with the board.
(b) A municipality in a first or second class county may adopt an ordinance that a first orsecond class county is required to adopt by this section by following the procedures andrequirements of this section.
(2) (a) A county ordinance adopted in accordance with this section applies to theincorporated and unincorporated areas of the county unless a municipality adopts an ordinance inaccordance with this section.
(b) A municipal ordinance adopted in accordance with this section supercedes, within themunicipality's jurisdiction, a county ordinance adopted in accordance with this section.
(3) An ordinance required or authorized by this section at a minimum shall:
(a) designate a drinking water source protection zone in accordance with Subsection (4)for a groundwater source that is:
(i) used by a public water system; and
(ii) located within the county's or municipality's jurisdiction;
(b) contain a zoning provision regulating the storage, handling, use, or production of ahazardous or toxic substance within a drinking water source protection zone designated underSubsection (3)(a); and
(c) authorize a retail water supplier or wholesale water supplier to seek enforcement ofthe ordinance provision required by Subsections (3)(a) and (b) in a district court located withinthe county or municipality if the county or municipality:
(i) notifies the retail water supplier or wholesale water supplier within 10 days ofreceiving notice of a violation of the ordinance that the county or municipality will not seekenforcement of the ordinance; or
(ii) does not seek enforcement within two days of a notice of violation of the ordinancewhen the violation may cause irreparable harm to the groundwater source.
(4) A county shall designate a drinking water source protection zone required bySubsection (3)(a) within:
(a) a 100 foot radius from the groundwater source; and
(b) a 250 day groundwater time of travel to the groundwater source if the suppliercalculates the time of travel in the public water system's drinking water source protection plan inaccordance with board rules.
(5) A zoning provision required by Subsection (3)(b) is not subject to Subsection
17-41-402(3).
(6) An ordinance authorized by Section 10-8-15 supercedes an ordinance required orauthorized by this section to the extent that the ordinances conflict.
(7) The board shall:
(a) provide information, guidelines, and technical resources to a county or municipalitypreparing and implementing an ordinance in accordance with this section; and
(b) report to the Natural Resources, Agriculture, and Environment Interim Committeebefore November 30, 2010 on:
(i) compliance with this section's requirement to adopt an ordinance to protect a publicdrinking water source; and
(ii) the effectiveness of the ordinance in retaining state primacy in regulating drinkingwater.
Amended by Chapter 173, 2009 General Session