§ 166-171. Special exemptions.

(a)

An affected person in the zone of protection may petition the board of county commissioners for a special exemption from the prohibitions and monitoring requirements set out in section 166-165. In order to obtain such an exemption such person must demonstrate by a preponderance of competent, substantial evidence that:

(1)

Special or unusual circumstances and adequate technology exist to isolate the facility or activity from the potable water supply.

(2)

In granting the special exemption, the board of county commissioners may prescribe any additional appropriate conditions and safeguards which are necessary to protect the wellfield.

(b)

Activities claiming special exemption with adequate technology to isolate the facility or activity from the potable water supply and protect the wellfield must submit:

(1)

A special exemption application claiming special or unusual circumstances and adequate protection technology shall be filed with the county administrator. It shall be signed by the applicant and by a professional engineer and certified geologist registered in the state.

(2)

Such application shall contain a concise statement by the applicant detailing the circumstances which the applicant feels would entitle him to an exemption pursuant to subsection (b)(1) of this section.

(3)

A nonrefundable fee as listed in exhibit C shall be filed with the application to defray the costs of processing such application.

(4)

The application for special exemption shall contain but not be limited to the following elements:

a.

A description of the situation at the site requiring isolation from the wellfield, including:

1.

A list of the regulated substances in use at the site;

2.

A site plan of the facility including all storage, piping, dispensing, shipping, etc., facilities;

3.

What operations at the facility involve regulated substances which must be isolated from the wellfields;

4.

The location of all operations involving regulated substances;

5.

A sampling and analysis of the groundwater on the site of the activity seeking a special exemption shall be performed to the satisfaction of the county to determine if any regulated substances are already present which constitute a threat to the water supply;

6.

An analysis of the affected well showing whether or not such well is already contaminated by any regulated substances and the extent of such contamination;

7.

A hydrogeologic assessment of the site which shall address, at a minimum, soil characteristics and groundwater levels, directional flow, and water quality and which shall be performed by a registered geologist, certified by the state.

b.

A technical proposal to achieve the required isolation, including:

1.

Components to be used and their individual functions;

2.

Systems tying the components together;

3.

A discussion and documentation, such as published technical articles, substantiating the performance and reliability of the components individually and the system as a whole; if the system has not been field tested, a discussion and laboratory test documentation to substantiate the proposed performance and reliability of the system;

4.

Details of the specific plans to install the system at the site.

c.

Testing procedures: If the proposed system does not have a proven history of successful in-field operation, it may still be proposed using proven components. A test plan for the system as installed shall be provided to prove that the proposed system works in the field.

d.

A technical proposal for backup detection of regulated substances that may elude the isolation system and escape to outside a perimeter to be established by the county administrator. Such proposal shall include emergency measures to be initiated in case of escape of regulated substances.

e.

Criteria for success: Site-specific, system performance criteria shall be proposed to ascertain the success of the system. Such criteria shall include but shall not be limited to:

1.

Performance;

2.

Reliability;

3.

Level of maintenance;

4.

Level of sensitivity to regulated substances;

5.

Effect of rain, flood, power failure or other natural disaster.

f.

Precautions in event of failure: The applicant shall provide information on the on-site availability of substance removal technologies sufficient to remediate any introduction of regulated substances into the water table at the site. Where water is removed from on-site wells during the remedial process, a plan shall be proposed for the disposal of such water.

g.

A closure plan shall be provided in the event the system does not prove successful in the testing required by subsection (b)(4)c of this section.

h.

Any other reasonable information deemed necessary by the county water system due to site-specific circumstances.

(5)

Within 30 working days of receipt of an application for special exemption, the county administrator shall inform the applicant whether such application contains sufficient information for a proper determination to be made. If the application is found to be insufficient, then the county administrator shall provide to the applicant a written statement by certified mail or hand delivery requesting the additional information required. The applicant shall inform the county administrator within ten working days of the date of the written statement of his intent to furnish the information. The applicant has 30 days to furnish the required information or have the application processed as it stands. At the end of such 30-day period, the county administrator shall have 14 days to inform the board of county commissioners of such application and shall transfer all information accompanying the application to the board of county commissioners, who shall then proceed with the hearing procedures as provided under section 166-169.

(c)

Granting special exemptions:

(1)

Any special exemption to this article granted by the board of county commissioners shall be subject to the applicable conditions of sections 166-165 and 166-166 and any other reasonable and necessary special conditions imposed by the board of county commissioners. An operating permit shall be issued by the department with the applicable conditions of sections 166-165 and 166-166 and any other reasonable and necessary special conditions imposed by the board of county commissioners. Such special exemptions shall be subject to revocation or revision by the department for violation of any condition of such special exemption by first issuing a written notice of intent to revoke or revise by certified mail, return receipt requested, or hand delivery. Upon revocation or revision, the activity will immediately be subject to the enforcement provisions of this article.

(2)

Special exemptions for the zone of protection are for existing nonresidential facilities only. No new nonresidential activity shall be permitted into the zone of protection after February 17, 1990, if the new nonresidential facility stores, handles, produces, disposes of, or uses any regulated substance.

(Ord. No. 18-36 , § 3(Att. E), 10-23-18)