Part III:  Public Works and Property                                         

Chapter XII: Planning and Regulation of Development

Article IV:  Wells
§ 12-403 Wellhead Protection Ordinance

 

 

AN ORDINANCE PROVIDING FOR THE PROTECTION OF WELLHEADS ON JEKYLL ISLAND

 

 

            WHEREAS, by virtue of the “Jekyll Island-State Park Authority Act” (Ga. Laws

1950, p. 152, as amended; O.C.G.A. § 12-3-230, et seq.), hereinafter referred to as the

“Act,” the General Assembly of the State of Georgia has leased and committed to the

jurisdiction of the Jekyll Island-State Park Authority, hereinafter referred to as the

“Authority,” that island known as Jekyll Island, Georgia, along with marshland to the

west of the Island, all as more particularly set out in the Act; and

 

            WHEREAS, pursuant to Section 14 of the Act (O.C.G.A. § 12-3-236) the Authority is empowered to exercise such police power as may be necessary to enforce any user restrictions upon the properties, facilities and persons within its jurisdiction; and

 

            WHEREAS, by virtue of Georgia Laws 1981, pages 1436, et seq., (O.C.G.A. § 12-

3-236.1) the Authority is empowered to adopt reasonable ordinances and resolutions

relating to the property, affairs and government of Jekyll Island; and

 

            WHEREAS, the Authority has adopted that certain “Code of the Jekyll Island-State

Park Authority of Georgia, 1981,” hereinafter sometimes referred to as the “Code,”

effective May 25, 1981; and

 

            WHEREAS, Article IV of Chapter XII under Part III of the Code provides for the

Lawful construction of Wells on Jekyll Island; and

 

            WHEREAS, the Authority desires to amend Article IV of Chapter XII under Part

III of the Code to provide that wellheads for all wells or springs which are supply sources for the Jekyll Island Authorities Public Water System shall be established and managed by specific designation, restriction, and regulation of property uses activities, and conditions to be maintained within a zone; and

 

            WHEREAS, this Amendment to the Code has been proposed for adoption at the

regular meeting of the Authority held on January 3, 2005.

 

 

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE JEKYLL

ISLAND-STATE PARK AUTHORITY that Chapter XII of the Code is hereby amended by adding a new section numbered 12-403 at the end of said Chapter, which new section 12-403 shall read as follows: 

 

 

 

 

§ 12-403     WELLHEAD PROTECTION

 

 

1.         This ordinance shall be known as the “Wellhead Protection Ordinance”.  The purpose of this ordinance is to insure the provisions of a safe and sanitary drinking water supply for the Jekyll Island Authority and the general public served. Therefore, wellhead protection zones surrounding the wellheads for all wells or springs which are supply sources for the Jekyll Island Authorities Public Water System shall be established and managed by specific designation, restriction, and regulation of property uses activities, and conditions to be maintained within such zones.

 

2.         Definitions.            When used in this ordinance the following words and phrases shall

            be the meanings given in this section:

    (a)                Hazardous waste or material- Any material or waste which because of its quantity, concentration, or

                physical, chemical, or infectious characteristics may:

                (1)   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible incapacitation or illness; or

               (2)   Pose a substantial present or future potential hazard to human health or to the environment when improperly used, treated, stored, transported, disposed of or otherwise managed.

    (b)        Sanitary landfill- A disposal site where solid wastes, or hazardous

            wastes including putrescible wastes, or hazardous wastes, is

                                   disposed of on land by placing earth cover thereon.

    (c)                Wellhead- The upper terminal of a well, including adapters, ports, seals, valves, and other attachments.

    (d)               Control Zone – That property lying within a 15-foot radius of the above described wellhead.

    (e)                Wellhead Protection Zone – That property lying within a 100-foot radius of the above described wellhead.

    (f)                 Authority Public Water System – The public water system belonging to or otherwise operated by the

                Jekyll Island-State Park Authority.

 

 

 

3.         Establishment of a wellhead protection zone. There is hereby established a use

           district known as a wellhead protection zone, identified and described as all the

           area within a circle of any Authority Public Water System supply wellhead and the

           radius which is 100-feet.

 

 

4.         Permitted uses. The following uses shall be permitted within wellhead protection

      areas:

Any use necessary for the repair, care, and maintenance of water production

facilities and telecommunication antenna including buildings, structures, piping, water conveyance systems, electrical power supply and equipment or any other activity essential to the production, treatment, pumping, and storage of potable water for the Jekyll Island Public Water System.

 

5.         Prohibited Uses. The following uses or conditions shall be and are hereby

 prohibited within the wellhead protection zones, whether or not such use or

 condition may otherwise be included as a part of a use permitted under Section 4

 of this Ordinance:

(a)                Surface use or storage of hazardous material, expressly including

           commercial use of industrial pesticides;

(b)               Septic tanks or drain fields appurtenant thereto;

(c)                Impervious surfaces other than roofs of buildings, street, driveways and walks serving buildings permitted

            under Section 4 of the Ordinance;

(d)               Sanitary landfills;

(e)                Hazardous waste disposal sites;

(f)                 Storm water infiltration basins

(g)                Underground storage tanks

(h)                Sanitary sewer lines within 125 feet of a wellhead;

(i)                  Control Zone shall be protected from any uses other than those directly dealing with the care and

            maintenance of the wellhead;

(j)                 Drainage ditches which may contain or concentrate surface run-off

            from commercially or residentially used pesticides and herbicides   or other hazardous wastes.  

 

6.        Administration. The policies and procedures for administration of any

           Wellhead Protection Zone established under this Ordinance, including   without

limitation those applicable to non-conforming uses, exceptions, enforcement and  penalties, shall be as provided in the existing zoning ordinance for the Jekyll Island Authority, as the same is presently enacted or may from time to time be amended.  See: Chapters XI and XIII of the Jekyll Island-State Park Authority Ordinances.

       

All Ordinances and parts of Ordinances in conflict herewith shall hereby be repealed.

 

 

 

First read before the Authority in open session on the       day of  January, 2005, and ADOPTED this ___ day of _________ of 2005, by the Jekyll Island-State Park Authority pursuant to motion properly made and seconded and recorded in the minutes of the ___________, 2005 Meeting of the Jekyll Island-State Park Authority.

 

 

ATTEST:                                                      APPROVE:

 

 

 

_________________                                    _____________________________

J.Y. Jones                                                       Daniel L. Williams, Jr.

Secretary                                                        Chair