19-8-106. COMMUNITY WELLHEAD PROTECTION AREA REGULATION.

  1. Activities Prohibited in Community Wellhead Protection Areas. With the exception of activities defined as de minimis pursuant to subsection (2) of this section or for which the Commission has issued a general permit, no person may engage in the following activities or construct or operate the following facilities in any CWPA: solid waste disposal sites, waste piles, hazardous waste treatment or storage, septic systems, waste water lagoons or other waste water treatment facilities, petroleum products storage or disposal or petroleum product pipelines, use or storage of hazardous materials, excluding materials sold in small containers for household use, the raising or keeping of farm animals (not including household pets), the use or application of pesticides or crop fertilizer.
  2. De Minimis Activities or Facilities Not Prohibited. De Minimis activities or facilities not prohibited by this Title include:
    1. Fuel tanks attached to private or commercial vehicles and used directly in the propulsion of that vehicle.
    2. Use or storage, but not the disposal or leakage, of hazardous waste or hazardous materials when the materials are sold or stored in small containers for household use.
    3. Retail sales establishments that store or handle petroleum products or hazardous materials for resale in their original unopened containers of 5 gallons or 40 pounds or less. Such establishments must apply for and obtain a CWPA permit prior to engaging in such sales.
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