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13.11.104. Definitions

            Unless the context specifically indicates otherwise, the meaning of terms used in this ordnance shall be defined as follows:

            (1)        "Abandoned well" shall mean a well the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.

            (2)        "Best management practices (BMPs)" shall mean a practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil, and air quality goals.

            (3)        "City" shall mean the City of Layton, Utah.

            (4)        "Closure" shall mean the cessation of operation of a facility, or any portion thereof, and the act of securing such facility or portion thereof to ensure protection of groundwater in accordance with the appropriate state, federal, and local regulations applicable to the specific facility and with the provisions of this ordinance.

            (5)        "Code" shall mean the Code of ordinances, City of Layton.

            (6)        "Collection area" shall mean the area surrounding a groundwater source which is underlain with collection pipes or well casement.

            (7)        "Continuous transit" shall mean the nonstop movement of a mobile vehicle except for stops required by traffic laws.

            (8)        "Council" shall mean the City Council of the City of Layton, Utah.

            (9)        "Department" shall mean the public agency, division, or department designated by the City of Layton to enforce the provisions of this ordinance.  For the City of Layton, the Department is Community and Economic Development and Public Works.

            (10)      "Discharge" shall mean and include, but not be limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing, or dumping regulated substances to the soils, air, groundwaters, or surface waters of the City.  Release does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances, provided that such use is not prohibited by federal, state, or local regulations.  Release shall not include releases specifically authorized by federal or state permits.

            (11)      "Drinking Water Source Protection Review Committee" shall consist of three (3) persons appointed by the Public Works Department of the City of Layton, which may include, but not be limited to the City Engineer, Public Works Director, City Attorney, or other employees or appointed officials of the City.  The purpose of the committee is to make determinations regarding delineation of protection areas and zones.

            (12)      "Drinking Water Source Protection Zone" shall mean an area within which certain practices are mandated to protect groundwater flowing to public drinking water wells.

            (13)      "Drinking water supply spring" shall mean a drinking water spring to supply water which has been permitted or intended for consumptive use.

            (14)      "Drinking water supply well" shall mean a drinking water well to supply water which has been permitted or intended for consumptive use.

            (15)      "DWSP" shall mean Drinking Water Source Protection.

            (16)      "EPA" shall mean the U.S. Environmental Protection Agency.

            (17)      "Groundwater" shall mean any water which may be drawn from the ground.

            (18)      "Groundwater discharge area" shall mean an area where the direction of groundwater movement is upward from the principal aquifer to the shallow unconfined aquifer.

            (19)      "Groundwater TOT" shall mean time of travel for groundwater.

            (20)      "Handle" shall mean to use, generate, process, produce, package, treat, store, or transport a regulated substance in any fashion.

            (21)      "Hazardous waste" shall mean a hazardous waste as defined by the US EPA.

            (22)      "Inspector" shall mean any authorized agent or employees of the City whose duty is to assure code compliance.

            (23)      "Nonresidential activity" shall mean all activity that is not designated as residential.

            (24)      "Operating permit" shall mean a permit to operate a facility handling regulated substances under this ordinance.  The permit will be issued by the Department of Community and Economic Development and Public Works for the City of Layton, Utah.

            (25)      "PCS" shall mean potential contaminant source.

            (26)      "Person" shall mean an individual, firm, partnership, corporation, association, joint venture, governmental entity, or other legal entity, and shall include the plural as well as singular.

            (27)      "Petroleum product" shall include fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum-based products.

            (28)      "Protection zone" shall mean the delineation zones of the Drinking Water Source Protection Zone, as summarized in Section 13.11.201 of this ordinance.

            (29)      "PWS" shall mean Public Water System.

            (30)      "Regulated substances" shall mean substances (including degradation and interaction products) which because of quantity, concentration, or physical, chemical (including ignitability, corrosivity, reactiveness, and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (non-degradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health or/and environment (including surface and groundwater, plants, and animals).

            (31)      "Residential activity" shall mean any building or structure or portion thereof that is designed for or used for residential purposes and any activity involving the use of occupancy of a lot for residential purposes.  Residential activity shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in the zoning ordinance of the City.

            (32)      "SARA Title III" shall mean the Superfund Amendment and Reauthorization Act section found in 40 CFR 300-302, pertaining to emergency response and right-to-know.

            (33)      "Secondary containment" shall mean any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing, or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances.  Examples include a double-walled tank, a double-walled integral piping system, or a single-walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.

            (34)      "Septic holding tank" shall mean a water-tight receptacle, used to contain septic waste.  The contents of which are extilated and disposed of at a waste disposal facility.

            (35)      "Septic tank system" shall mean a generally water-tight receptacle connected to a drain field that allows liquid from the tank to enter the soil.  The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

            (36)      "Sludge, or biosolids" shall mean the solids separated from wastewater during the wastewater treatment process.

            (37)      "Solid waste disposal facility" shall mean any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.

            (38)      "Solid waste transfer facility" shall mean a site the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility.  It does not include green boxes, compactor units, permanent dumpsters, and other containers from which such wastes are transported to a landfill or other solid waste management facility.

            (39)      "Travel time contour" shall mean the locus of points that form a line of any configuration in space from which groundwater particles on that line theoretically take an equal amount of time to reach a given destination, such as a well or a wellfield, as predicted by the report proposed by EWP Engineers.

            (40)      "U.C." shall mean the Utah Administrative Code.

            (41)      "USGS" shall mean the United States Geological Survey.

            (42)      "Well" shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater.

            (43)      "Well field" shall mean an area of land which contains one or more drinking water supply wells.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 98-72, Enacted, 11/5/1998
Ord. No. 15-34, Amended, 12/17/2015

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