§ 1115.12. Public Water Supply Protection.

(A)

If any activity or Regulated Substance poses a risk to or may have a deleterious effect directly or indirectly upon the public water supply or wellfields or when deemed by the Director to be in the best interest of managing the water utility, the Director is authorized to do any or all of the following:

(1)

Require pollution or contaminant control and abatement;

(2)

Require payment to cover the cost of monitoring, controlling or otherwise removing any such pollutant, contaminant or obstruction;

(3)

Require the development of compliance schedules to implement corrective actions;

(4)

Require the installation of monitoring facilities, and the submission of reports sufficient to ascertain any threat or risk due to any Regulated Substance, pollutants or contaminants or other activities and to determine compliance status relative to this chapter;

(5)

Carry out inspection, surveillance and monitoring on public or private property sufficient to determine compliance with this chapter;

(6)

Pursue any actions that are legally available such as, administrative remedies or enforcement actions including, but not limited to injunctive relief, and penalties as specified in Section 1115.99

(7)

Require a person to pay the costs of enforcement where a person has been found to be in violation of this chapter. These costs may include, but are not limited to the recovery of all reasonable administrative and legal expenses related to the enforcement activity;

(8)

Order cessation of any use or activity which may create hazards or may have deleterious effects on the water supply or facilities; or

(9)

Issue orders establishing land use restrictions or rates of discharge or otherwise controlling the use of any Regulated Substance or pollutant to ensure compliance with this chapter;

(10)

Order remedial actions.

(B)

When considering the exercise of any of the above powers or actions, the Director shall ensure that the City's public water supply is reasonably and adequately protected from contamination or obstruction for the present and the future. The Director may take into consideration any evidence presented by the entity regarding cost-effectiveness and the economic impact imposed by the requirements or actions.

(C)

No City officer, agency, employee or Board shall approve, grant or issue any building permit, certificate of use and occupancy (including changes in ownership), plat, zoning, or conditional use, for any land use within a Wellfield Protection Area until prior written approval of the Director has been obtained. The issuance of any permit, license or other instrument in violation of this paragraph shall not relieve any person from compliance with this chapter.

(Ord. 2560-90.)