Duchesne County maintains specific regulations through its Drinking Water Source Protection Ordinance to ensure a safe and sanitary water supply for residents. The ordinance establishes protection zones around wells and springs used by public drinking water systems in the county's unincorporated areas to regulate land uses that might threaten groundwater quality.
Scope of Water Protection
The ordinance, established by Ordinance 09-273 on April 13, 2009, applies to both incorporated and unincorporated sections of the county. However, the rules do not apply to incorporated municipalities if they enact their own ordinances in accordance with Utah Code Annotated section 10-8-15 and/or 19-4-113.
Defining Protection Zones
Under the code, a drinking water source protection zone is defined as a specific surface and subsurface area surrounding a groundwater source. These zones are identified based on areas where contaminants are reasonably likely to move toward and reach the groundwater source used by a public water supply.
Regulating Land Use
The ordinance distinguishes between permitted uses and prohibited uses. Permitted uses include land activities or practices that create either no risk of contamination or a relatively low risk of contamination within a specified protection zone. Conversely, prohibited uses are any land uses, activities, or practices that create a substantial risk of contamination in those zones.
Identifying Pollution Sources
The code identifies several categories of pollution sources that may threaten the water supply. These include point source discharges of contaminants to groundwater or potential discharges of liquid forms of extremely hazardous substances. Specific examples of pollution sources listed in the ordinance include septic tanks, drain fields, landfills, open dumps, manure piles, salt piles, and pit privies.
Animal Feeding Regulations
The ordinance also regulates animal feeding operations. These are defined as lots or facilities where animals are stabled, confined, and fed for a total of 45 days or more in any 12-month period, and where crops or vegetation forage growth are not sustained in the normal growing season over any portion of the lot or facility. For regulatory purposes, two or more animal feeding operations under common ownership are considered a single operation if they adjoin each other, share a common area, or use a common waste disposal system.
Animal Unit Calculations
To calculate the impact of these operations, the code utilizes a specific animal unit measurement. This calculation adds the number of slaughter and feeder cattle multiplied by 1.0, mature dairy cattle multiplied by 1.4, swine weighing over 55 pounds multiplied by 0.4, sheep multiplied by 0.1, and horses multiplied by 2.0. The ordinance specifically notes that animal feeding operations with more than 100 animal units are considered pollution sources.
Public Water System Criteria
The ordinance defines a public drinking water system as a water system, either publicly or privately owned, that provides water for human consumption and other domestic uses. To qualify, the system must have at least 15 service connections or serve an average of at least 25 individuals daily for at least 60 days of the year. A system with at least eight residential service connections is deemed to serve 25 individuals.
