ORDINANCE NO. 05-5(  )

 

AN ORDINANCE TO AMEND CHAPTER 5, BUILDING REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 5, Building Regulations, is hereby amended and reordained as follows:

 

By Adding:

Article V.         Private Ground Water Well Testing

Sec. 5-500       Purpose and intent.

Sec. 5-501       Applicability.

Sec. 5-502       Well testing and reporting.

Sec. 5-503       Building permit; withholding

 

Chapter 5.  Building Regulations

 

Article V.  Private Ground Water Well Testing

 

Sec. 5-500  Purpose and intent.

 

            The board of supervisors finds that the release or discharge of petroleum from leaking

underground storage tanks may pollute ground water and, at high enough levels, these pollutants may render water unsuitable for drinking and may cause adverse effects on the public health, safety and welfare.  The board also finds that establishing new private ground water wells in the immediate area of a contamination plume could alter the conditions of existing contamination plumes and draw contaminants into areas that are currently free from contamination.

 

            The purpose and intent of this article is to protect the public health, safety and welfare in areas where there has been a petroleum release or discharge within the county confirmed by the Virginia Department of Environmental Quality.  Therefore, new private ground water wells in such areas shall be tested for petroleum contamination as provided herein to determine the extent of the contamination, if any, and to assure that the wells satisfy existing federal or state drinking water quality standards for the contaminants.

 

            State law reference: Va. Code § 32-176.5.

 

Sec. 5-501  Applicability.

 

            This article shall apply to those areas of the county where the release or discharge of petroleum from leaking underground storage tanks has been confirmed by the Virginia Department of Environmental Quality and such an area remains an active contamination area. 

 

            For the purposes of this article, the term “active contamination area” means those lands within the area identified by the Virginia Department of Environmental Quality to be contaminated such that, in its judgment, the contamination poses a risk to human health and the environment and warrants corrective action or remediation, and those lands within two thousand (2,000) feet of the contaminated area determined by the Virginia Department of Environmental Quality to be at risk for contamination.

 

Sec. 5-502.  Well testing and reporting.

 

            Each applicant for a building permit for a structure to be located within an active contamination area and to be served by a private ground water well as the primary potable water supply shall have the well tested as provided herein prior to the issuance of a building permit for the structure:

 

            A.        Contaminants to be tested.  The tests shall determine whether the following volatile organic compounds are present in the water: Benzene, Toluene, Ethylbenzene, and Xylenes. 

 

             B.        Applicable standards.  Each contaminant identified in section 5-502(A) shall be tested for compliance with the maximum contaminant level established for that contaminant under the federal Safe Drinking Water Act, as follows:

 

                        1.         Benzene: 0.005 MCL (mg/L).

 

                        2.         Toluene: 1 MCL (mg/L).

 

                        3.         Ethylbenzene: 0.7 MCL (mg/L).

 

                        4.         Xylenes (total): 10 MCL (mg/L).

 

            For the purposes of this article, the term “MCL” means the maximum contaminant level, which is the highest level of a contaminant that is allowed in drinking water.  The units are expressed in milligrams per liter (mg/L); milligrams per liter are equivalent to parts per million.

 

            C.        Sampling and testing methods and services.  Samples shall be taken and tests shall be performed using appropriate testing methods by either the Virginia Department of Environmental Quality or by a laboratory certified by the Commonwealth of Virginia to perform such services.  No such tests shall be conducted by Consolidated Laboratories.  The cost of such tests shall be paid by the landowner.

 

             D.       Reporting of test results.  The testing laboratory shall notify the landowner of the test results in a written report.   

 

Sec. 5-503.  Building permit; withholding.

 

            Each applicant for a building permit for a structure to be served by a private ground water well as the primary potable water supply within an active contamination area shall present the  report containing the test results required by section 5-502 prior to issuance of the building permit.

            A.        No contaminants detected.  If there are no tested contaminants detected, then the building permit shall be issued provided that all other applicable requirements are satisfied.

 

            B.         Contaminants detected; exceed applicable standards.  No building permit shall be issued if one or more contaminants are detected and they exceed the federal Safe Drinking Water Act standards identified in section 5-502(B), unless and until the applicant has identified and provided an approved alternative primary potable water supply. 

 

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