4. Extent and Designations

Purpose:
To establish the physical boundaries or limits of wellhead protection districts, aquifers, or groundwater resource areas that are addressed in this ordinance.

Key Issues:

Notes:
The method for delineating wellhead protection areas should be consistent with the State program, if there is one. If there is no State-prescribed method, the method chosen should fit the level of detail required by the hydrogeologic setting. Some of the methods suggested by EPA include arbitrary fixed radius, calculated fixed radius, simplified variable shapes, analytical method, numerical method, and hydrogeologic mapping method. (See Chapter 3 above.) Verify if there is a specific method that the EPA and your State environmental agency recommends. The more comprehensive and detailed the method of delineation, the less likelihood of legal challenges to the wellhead protection boundaries. Delineating the wellhead protection areas separate from the aquifers may be necessary even if the entire jurisdiction is found to be in the zone of influence.

There is a significant distinction between aquifer protection areas and wellhead protection areas in State statutes, administrative regulations, and local ordinances. Aquifer protection areas have been traditionally used for the past 15 to 20 years by communities to generally protect large areas that have significant groundwater reserves. Wellhead protection areas are only those portions of aquifers (and may contain nonaquifer areas also) through which contaminants are likely to reach the wells.

If an arbitrary fixed radius is used to define the extent of a wellhead protection area when a more detailed study is still in progress, include the term "interim" in the designation. Make sure that the ordinance title, the heading of this section, and maps reflect the interim designation.

For wells serving more than five hundred (500) persons and located in unconsolidated (sand and gravel) aquifers, the Wellhead Protection Area (WHPA) consists of three (3) areas (WHPA 1, WHPA 2, and WHPA 3) which are listed and their hydrologic characteristics described below:

  1. WHPA 1: WHPA 1 extends from the wellhead to the 200-day groundwater Time-of-Travel boundary.
  2. WHPA 2: WHPA 2 extends from the outer boundary of WHPA 1 to the 1000-day Time-of-Travel boundary.
  3. WHPA 3: WHPA 3 extends from outer boundary of WHPA 2 to the watershed's groundwater divide or Zone of contribution id delineated based on technical criteria more stringent than watershed determination.
[Town of Norway, Maine, Wellhead Protection Ordinance, Section C, 1993]

Communities that already have an aquifer protection ordinance may be able to modify it to include a delineated wellhead protection area. In this case, the community will need to consider if it has the ability and the resources to use the more restrictive wellhead protection management measures over the entire aquifer protection area or just within the wellhead protection overlay zone. The same is true for communities with numerous private wells and public drinking water wells. In this case, the protection area will likely be larger than anticipated because of the interaction between the pumping wells. In some parts of the country, the wellhead protection area will be nearly as large as the aquifer protection area, in which case it may make sense to use the more intensive wellhead protection management measures over the entire area.

Boundaries for the aquifer protection zones for the Aquifer Protection Overlay District are shown on published maps entitled "Wellhead Protection Area Maps, Brookings County Shallow Aquifer Map" ...(and) are hereby adopted by reference as part of this ordinance as if the maps were fully described herein.

The shallow/surficial aquifer boundary was mapped using data from the south Dakota Geological Survey and United States Geological Survey. The zone of contribution was mapped using an analytical technique outlined in the U.S. Environmental Protection Agency publication "Guidelines for Delineation of Wellhead Protection Areas, June, 1987." The Aquifer Protection Overlay District was divided into two zones.
[Brookings County, South Dakota, Zoning Ordinance, Section 1106, 1989]

Be certain to include a reference to procedures for amending the designation of aquifer protection zone boundaries. Although the definition of wellhead protection areas is inherently tied to knowing the exact location of wells, a description of the process for expanding aquifer protection boundaries should be included.

The recharge protection areas may be modified from time to time based on the recommendation of the technical advisory committee established in subsection (d) of this article and the Water Resource Protection Area map shall be revised accordingly; substantial changes in the Water Resources Protection Area Map, based on the recommendation of the technical advisory committee, shall be made by City Council by Ordinance.
[City of Newark, Delaware, Zoning Ordinance, Section 30-53.b(4), 1991]

Normally, zoning boundaries are made to coincide with parcel or site boundaries. But, when a fixed radius method is used to delineate the wellhead protection area, provisions to cover parcels that are only partly in the district may be needed. This exception also applies when the boundary of the protection area cuts a large parcel.

In determining the location of properties within the zones depicted on the zones of influence maps, the following rules shall apply:
  1. Properties located wholly within one (1) zone reflected on the applicable zones of influence maps shall be governed by the restrictions applicable to that Zone.
  2. Properties having parts lying within more than one (1) zone as reflected on the applicable zones of influence maps shall be governed by the restrictions applicable to the zone in which the part of the property is located
  3. Where a travel-time contour which delineates the boundary between two zones of influence passes through a building, the entire building shall be considered to be in that zone in which more than fifty (50) percent of the floor space of the building is situated as of August 28, 1986.
[Broward County, Florida, General Ordinance, Section 27-381, 1984; 1989]

Reprinted with permission from A Guide to Wellhead Protection, PAS Report No. 457/458 (Chicago: American Planning Association, August 1995), Appendix D.

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Wellhead Protection Program Guidance Document Contents
Wyoming Department of Environmental Quality