Last web update: 031607
Chapter 106
WELLHEAD PROTECTION

[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 6-11-2004 by Ord. No. 2004-11. Amendments noted where applicable.]

GENERAL REFERENCES
Drainage ditches — See Ch. 44.
Excavations — See Ch. 47.
Floodplain management — See Ch. 51.
Forest conservation — See Ch. 53.
Sewers — See Ch. 86.
Streets and sidewalks — See Ch. 92.
Stormwater management — See Ch. 93.
Subdivision of land — See Ch. 94.
Water — See Ch. 102.
Zoning — See Ch. 107.
 
§ 106-1. Policy.
§ 106-2. Purpose and intent.
§ 106-3. Zones of protection.
§ 106-4. Applicability.
§ 106-5. Use regulations and restrictions.
§ 106-6. Performance plan standards.

§ 106-1. Policy.
The Mayor and Council of the Town of Berlin shall control private and public use water well(s), irrigation well(s), and geothermal loops at all locations that are located within the Berlin Town Limits and its Well Head Protection Area (WHPA). The Town shall administer the following chapter and issue water use permits so long as the owner of the property abides with the following.

§ 106-2. Purpose and intent.
  1. Whereas the groundwater underlying the community water supply wellhead protection areas (WHPA) is a major source of the Town of Berlin's existing and future water supply; and
  2. Whereas, a safe and adequate source of drinking water is vital to the health and well being of Worcester County and the Town of Berlin; and
  3. Whereas, the aquifer system supplying the community water supply WHPA, with its groundwater supply, is integrally connected with numerous surface waters and streams; and
  4. Whereas, accidental spills, runoff of contaminated water, and discharge of toxic and hazardous material can threaten the quality of such water supplies, posing long-term public health and safety hazards; and
  5. Whereas, unless preventive measures are adopted to control the runoff discharge and storage of toxic and hazardous material within the community water supply WHPA, incidents will predictably occur, with greater frequency by reason of increased land development, population, and vehicular traffic within the WHPA; and
  6. Whereas, proper siting, installation, operation, and maintenance of private and public use water wells, irrigation systems, and geothermal loops are necessary to prevent contamination of the groundwater from nitrogen and pathogenic organisms; and
  7. Whereas, the purpose of this chapter is to protect the community's long-term public health, safety, and welfare, through the preservation of high quality groundwater resources of Berlin's public water supplies. The WHPA Districts, and the careful regulation of development activities within these districts, can reduce the potential for groundwater contamination; and
  8. Whereas, the Town of Berlin has determined through the sensitive areas element of the Comprehensive Plan that, in addition to streams and their buffers, one-hundredyear floodplains, habitats of threatened and endangered species, and steep slopes, WHPA are in need of special protection; and
  9. Whereas, Paragraph 4.01 of Article 66B of the Annotated Code of Maryland empowers the Town of Berlin with the authority to regulate and restrict land use for the purpose of promoting the health, safety and general welfare of the community; and
  10. Whereas, Section 1428 of the Federal Safe Drinking Water Act Amendments of 1986 requires that each state develop a wellhead protection program to protect public water supplies from contamination; and
  11. Whereas, the Maryland Department of the Environment (MDE) has developed a wellhead protection program, approved by the EPA, which identifies that local governments have responsibility for developing programs, including regulations and management controls, to protect public water supplies from contamination.
§ 106-3. Zones of protection.
The Town of Berlin Wellhead Protection District consists of two zones of protection, with Zone 1 being the most restrictive. Zone 1 is based on a one-year time of travel, fixed radius or other assessment of an area most closely connected to the water supply. Zone 2 is based on a ten-year time of travel or by hydrogeologic boundaries.

§ 106-4. Applicability.
A. This chapter applies to all land uses and activities located or proposed within the Town of Berlin and areas delineated as the WHPA Districts in the Town of Berlin. The Wellhead Protection District(s) consists of Zone 1 and Zone 2 and are administered as per the Berlin Well Head Protection Program (Ordinance No. 200405). Maps are available for inspection at the office of the Town of Berlin.
B. This chapter is supplementary to other laws and regulations. Where this chapter or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this chapter shall control.

§ 106-5. Use regulations and restrictions.
  1. Construction is limited to irrigation well(s) and geothermal loop(s).
  2. All properties located within Berlin Town limits and the Berlin WHPA, as shown on the District maps, currently receiving public drinking water shall be prohibited from installing a new well and be required to abandon (cap) any existing drinking water well.
  3. If a property owner is granted permission to keep an existing well for irrigation purposes, as a minimum, the following requirements must be met:
      1. The wellhead is maintained eight inches above grade;
      2. The well remains connected to the pump;
      3. No building foundation is allowed within 10 feet of the well;
      4. No water connections are made to any dwelling or structure.
  4. All geothermal loop systems: minimum depth must be 150 feet and shall be located no closer than 10 feet from any building.
  5. Berlin shall maintain a listing of all wells and geothermal loops located within its Town limits. This list shall be used to verify that no wells or geothermal loops are impacted by the issuing of a building permit.
  6. Berlin shall establish and administer a cross-connection control program. This program will require routine inspections for improper connections and wellhead integrity.
  7. BUC shall give consideration to the simplicity, reliability, quality, and feasibility of the control measures proposed and the degree of threat to drinking water quality that would result if the control measures failed.
  8. A change request may not be approved until all comments provided the BUC and by local agencies have been addressed by the applicant to the satisfaction of the BUC. The BUC decision shall be published and made in writing to the applicant.
§ 106-6. Performance plan standards.
  1. Nothing in this chapter shall be applied in any way so as to prevent any person from complying with any or all applicable state and federal regulation or requirements.
  2. If required by the Town of Berlin, groundwater monitoring well(s) shall be installed at the expense of the facility owner or operator in accordance with an approved groundwater monitoring plan. The owner shall be responsible for developing an approved groundwater monitoring system.
  3. Alterations and expansions: The BUC shall be notified in writing prior to the expansion, alteration, or modification of any activity that is the subject of this chapter. Approval by the BUC is required before the activity can begin. The landowner or representative shall submit an explanation of the change in activity and the information as required by this chapter and as may be required by any state or federal regulation. The Berlin Mayor and Council must grant any variance to the provisions of this chapter, provided that a strict interpretation of the chapter deprives such property of privileges or safety enjoyed by other similarly situated property within the Wellhead Protection District. Any application for a variance must be presented to the Berlin Mayor and Council with a written recommendation from the BUC.