[HISTORY: Adopted by the Town Council of the Town of Johnston 2-10-2003
by Ord. No. 2002-28. Amendments noted where applicable.]
No person shall install a groundwater well prior to obtaining a plumbing
and electrical permit from the Building Inspector.
No permit shall be issued by the Building Inspector for the construction
of a groundwater well in any location where access to the Town public water
supply system is available, if the Building Inspector determines:
A.
That the groundwater where the groundwater well is proposed to be located has been classified by the Rhode Island Department of Environmental Management as GAA nonattainment, GA nonattainment, GB, GB nonattainment, or GC (see Exhibit C, Groundwater Classification Map, attached hereto[1]); or
[1]
Editor's Note: Exhibit C is included at the end of this chapter.
B.
That the groundwater where the groundwater well is proposed
to be located has been designated, classified, or approved by the Rhode Island
Department of Environmental Management as a groundwater residual zone designated
on any site plan or map prepared by the Rhode Island Department of Environmental
Management; or
C.
That the groundwater where the groundwater well is proposed
to be located has been designated, classified, or approved by the Federal
Environmental Protection Agency pursuant to any federal environmental law,
including but not limited to CERCLA, or regulation as a groundwater buffer
zone designated on any site plan or map prepared or approved by the Federal
Environmental Protection Agency; or
D.
That the lot where the groundwater well is proposed to be located is within the area identified as "Properties On Which Institutional Controls On Groundwater Use Are Recommended" on the Plan entitled "Central Landfill Operable Unit 2, Johnston, Rhode Island, Groundwater Protection Zone, Date: Jan., 2000" prepared by GZA GeoEnvironmental, Inc., and filed with the Building Inspector by the Rhode Island Resource Recovery Corporation. (See Exhibit A which is attached hereto and incorporated herein. A list of such lots is attached hereto as Exhibit B and incorporated herein.[2])
[2]
Editor's Note: Exhibits A and B are included at the end of this chapter.
A.
No person shall use a groundwater well in any location
where access to the Town public water supply system is available where such
groundwater well:
(1)
Is located in groundwater that has been classified by
the Rhode Island Department of Environmental Management as GAA nonattainment,
GA nonattainment, GB, GB nonattainment, or GC; or
(2)
Is located in groundwater that has been designated, classified,
or approved by the Rhode Island Department of Environmental Management as
a groundwater residual zone designated on any site plan or map prepared by
the Rhode Island Department of Environmental Management; or
(3)
Is located in groundwater that has been designated, classified,
or approved by the Federal Environmental Protection Agency pursuant to any
federal environmental law, including but not limited to CERCLA, or regulation
as a groundwater buffer zone designated on any site plan or map prepared or
approved by the Federal Environmental Protection Agency; or
(4)
Is located within the area identified as "Properties
On Which Institutional Controls On Groundwater Use Are Recommended" on the
Plan entitled "Central Landfill Operable Unit 2, Johnston, Rhode Island, Groundwater
Protection Zone, Date: Jan., 2000" prepared by GZA GeoEnvironmental, Inc.,
and filed with the Building Inspector by the Rhode Island Resource Recovery
Corporation. (See Exhibits A and B.[1])
[1]
Editor's Note: Exhibits A and B are included at the end of this chapter.
B.
The Building Inspector shall give written notice, by
certified mail, return receipt requested, to the owners of all real estate
where such wells are located and shall take all action necessary and proper
to decommission such wells and to connect such real estate, at the sole expense
of R.I. Resource Recovery Corp to the Town public water supply system.
The Building Inspector is authorized to enforce the provisions of this
chapter and to institute such proceedings, including proceedings to enjoin
the use of groundwater wells installed without a permit or prohibited by §337- 3A
hereof necessary to effectuate the requirements of this chapter.
The Building Inspector shall give immediate written notice to the Director
of the Rhode Island Department of Environmental Management and the Regional
Administrator of the Federal Environmental Protection Agency upon the repeal
or modification of this chapter or any judicial decision that repeals or modifies
this chapter.
This chapter shall not apply to any investigative monitoring well installed,
or required to be installed, by any federal, state, or local governmental
authority.