Town of Johnston, RI Chapter 337 Wells

[HISTORY: Adopted by the Town Council of the Town of Johnston 2-10-2003 by Ord. No. 2002-28. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction— See Ch. 118.

Excavations — See Ch. 161.

Sewers — See Ch. 279.

Water — See Ch. 335.

§ 337-1 Permit required.

No person shall install a groundwater well prior to obtaining a plumbing and electrical permit from the Building Inspector.

§ 337-2 Conditions for permit denial.

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.

§ 337-3 Use of wells prohibited in certain locations; connection to public system.

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.

§ 337-4 Violations and penalties.

A. Any person who knowingly violates §§ 337-1 or 337-3 hereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, and each day the violation is continued or repeated shall be deemed a separate offense.

B. Any person who violates §§ 337-1 or 337-3 hereof shall be assessed an administrative penalty of not more than $500 for each day in which a violation continues after receipt of a notice of violation from the Building Inspector.

§ 337-5 Enforcement.

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.

§ 337-6 Repeal or modification of 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.

§ 337-7 Applicability.

This chapter shall not apply to any investigative monitoring well installed, or required to be installed, by any federal, state, or local governmental authority.