Tahoe Regional Planning Agency Source Water Protection Ordinance
Zephyr Cove, Nevada

This document is downloadable in WordPerfect format.


Code of Ordinances
Chapter 83
SOURCE WATER PROTECTION

Chapter Content

83.0 Purpose: This chapter sets forth regulations pertaining to recognition of source water, prevention of contamination to source water protection of public health relating to drinking water. It strengthens provision of goals and policies that addresses stormwater protection, and implements elements of the TRPA Source Water Protection program.

83.1 Applicability: This Chapter applies to projects that are identified as a possible contaminating activity located in identified source water protection zones as depicted on TRPA Source Water Assessment maps, and retrofit of existing development with Best Management Practices.

83.2 Source water Protection: To protect public health and to ensure the availability of safe drinking water, TRPA shall review proposed projects identified as possible contamination activities to source water which are located within a source water protection zone depicted on TRPA source water Assessment maps according to the following standards and procedures:

83.2. A Source Water Defined: Water drawn to supply drinking from an aquifer by a well or from a surface water body by an in take, regardless of whether such water treated before distribution.

83.2B Possible Contaminating Activity Define: Activities equivalent to TRPA primary uses identified by either the California Department of Health Services or the Nevada Bureau of Health protection Services, regardless of where the project is located as having the potential to discharge contaminants to surface or groundwaters. Such uses are listed in table A.

83.2.C Source Water Protection Zone Defined: A zone delineated around drinking water sources in the following manner as depicted on the TRPA Source Water Assessment maps.

(1) Protection Zone: A protection zone consisting of a fixed 600 foot radius circle shall be identified around wells lake intakes, and spring assessed by TRPA. Protection Zones shall be delineated using the best available source water location data known to TRPA, Protection zones may be located using centroid of the parcel in which the well, lake intake, or spring is found. Protection zone delineations may be modified by TRPA as follows: Upon receipt of source water assessment information collected by the California Department of Health Services, the Nevada Bureau of health Protection Services, or other public agencies responsible for conducting drinking source water assessment in accordance with state source water assessment and protection programs and if recommended by the California Department of Health upon receipt of source water assessment information provided by the property owner in which the well, spring, or lake intake is located ad of the California Department of Health Service or the Nevada Bureau of Health Protection Services concurs with the new delineation.

83.2.D Review of proposed possible Contamination Activities located in Source Water Protection Zones: Proposed uses determined by TRPA to be projects that are identified as a possible contaminating activity, with a project area located in a source water protection zone, shall not be approved unless TRPA finds that:

(1) The project complies with the requirements to install BMPs as set forth in Section 25.2.


(2) TRPA has solicited comments from the operator/owner of the source water, and the department of environmental health jurisdiction over the source water, and all such comments received were considered by TRPA prior to action being taken on the proposed project.

(3) A spill control plan is submitted to TRPA for review and approval. The plan shall contain the following elements:

(a) Disclosure element describing the types, quantities, and storage location of contaminants commonly handled as part of the proposed project.

(b) Contaminant handling and spill prevention element.

(c) Spill reporting element, including a list of affected agencies to be contacted in the eent of a spill.

(d) Spill recover element.

(e) Spill clean-up element.

(4) Submittal of a spill control plan may be waived provided a state or local agency with jurisdiction over the subject source water provide a written statement to TRPA that a plan containing the above elements remains on file with that agency, or TRPA staff determines, at its discretion, that requiring a spill control plan would nit result in significant additional protection of the source water.

83.2E Requirements of Existing Uses located in Source Water Protection zones:

Existing uses that are identified as a Possible Contaminating Activity located in a source water protection zone shall comply with Subparagraph 83.2.S(3). Compliance with Sub paragraph 83.2.D (3) shall occur pursuant to the deadlines set forth in Subparagraph 25.3.A.

83.3 Source Water Assessment: An inventory of ells, springs, and lake intakes that serve five (5) of more user service connections shall be prepared for the Lake Tahoe Region. An inventory shall be prepared in consultation with local and state environmental health agencies. Sources omitted from the inventory due to a lack of information provided by local and state environmental health agencies shall be added as appropriate if additional source information is received by TRPA Source Water protection zone delineated on the source water assessment maps shall be modified pursuant to subparagraph 83.2.C (1).

TABLE A: POSSIBLE CONTAMINATING ACTIVITIES

RESIDENTIAL

COMMERCIAL:

Retail:

PUBLIC SERVICE:

General:

RECREATION:

RESOURCE MANAGEMENT:

Timber Management:

Range:

SHOREZONE: