A. Legislative Findings. Approximately 60% of the City of Laramie’s municipal water supply and 100% of the water to approximately 450 rural residences comes from wells and springs in the Casper Formation aquifer. The Casper Formation is exposed along the west side of the Laramie Range and is vulnerable to contamination for these reasons:

1. Points of withdrawal (municipal and domestic wells) are in close proximity to the recharge area;

2. The aquifer is fractured and has extensive exposures of porous sandstones; and

3. Interstate Highway 80 cuts through the entire thickness of the Casper Formation. Numerous hazardous substances are transported each day over I-80.

4. The Casper Formation is exposed at the ground surface on the west flank of the Laramie Range.

The City of Laramie/Albany County Environmental Advisory Committee (EAC) has members with expertise in groundwater science. The Environmental Advisory Committee has developed the Casper Aquifer Protection Plan. One of the EAC’s priority recommendations is the establishment of an overlay zone which defines setbacks from recharge features and prohibition of inappropriate land uses.

The Casper Formation is overlain by the Satanka Formation. The bottom fifty feet of the Satanka Formation are fractured and are probably in hydraulic communication with the Casper Formation. Generally the Satanka Formation serves as a confining layer above the Casper aquifer, retarding the flow of water upward out of the Casper Formation and the flow of water downward to the Casper Formation. The EAC recommends a safety factor of seventy-five feet of Satanka Formation above the Casper Formation as adequate to reduce the risk of contamination to acceptable levels.

To safeguard the Casper aquifer wells and springs which provide 60% of the City of Laramie’s municipal water and 100% of the water to approximately 450 rural residences, the Board of County Commissioners adopts this resolution.

1. There is established within the unincorporated area of Albany County an aquifer protection overlay zone (APO zone). The APO zone is effective outside of the

City of Laramie corporate limits at all locations where the upper boundary of the Casper Formation is not covered by at least 75 feet of the overlying Satanka Formation naturally in place, whether the reduction in thickness of the Satanka Formation is due to natural causes or is man-made.

2. Initial delineation of the APO zone shall be as described by the Aquifer Protection Plan approved by the Board of County Commissioners on June 18, 2002. Copies of the illustrations which accompany the Aquifer Protection Plan shall be kept in appropriate County offices. All property within zones 2 and 3 are zoned APO by default. Property west of the western boundary of Zone 2 shall be included in the APO zone if in the opinion of the Planner or designee based upon geologic evidence, there is less than 75 feet of Satanka Formation overlying the Casper Formation at that location. If such determination is made, the APO zone area shall be amended accordingly.

3. Any aggrieved person who believes that all or part of a parcel of property included in the APO should not be included may request that the Planner or designee redetermine whether the property is correctly included. Redetermination shall not be made except upon clear and convincing evidence that at least 75 feet of undisturbed Satanka Formation overlies the Casper Formation at the location in dispute. Evidence based upon opinion alone without sound geologic field control is unacceptable. Before making a decision, the County may submit the evidence to qualified professionals for analysis, and may obtain independent evidence bearing upon the question. Costs of professional consultation to the County shall be reimbursed to the County by the aggrieved person.

4. Any person aggrieved in fact by an administrative decision under this section may appeal the decision to the Planning and Zoning Commission for review and recommendation to the Board of County Commissioners for determination.

1. Within APO zone, the underlying zoning classification shall control all aspects of the property’s zoning except that no property may be used for any use prohibited in subsection 3.C. below.

2. For the purposes of this regulation, "hazardous material" means (i) any hazardous substance as defined in 40 CFR 302.4 and listed therein at Table 302.4; (ii) any hazardous waste as defined in Wyoming law including, but not limited to, the Wyoming Department of Environmental Quality hazardous waste rules and regulations as may be amended from time to time; (iii) any pesticide as defined in Wyoming law; or (iv) any oil or petroleum.

3. Each prohibited activity listed in Column 1 of the table below in this section is prohibited in the APO zone.

1. Vulnerable features in the Casper Formation are:

a. Faults and fracture zones which intercept the ground surface and have apertures of greater than one centimeter. Fractures may extend as far as 150 feet from the fault trace.

b. Folds which extend to the ground surface.

c. Exposed bedrock.

d. Bedrock not overlain by a sufficient thickness of low-permeability materials to prevent the effective downward migration of contaminants into the aquifer.

e. Defined drainages.

f. Shallow depth to ground water, defined as any location where no effective confining layer is present over the water-bearing strata within the Casper Formation and the depth to water is less than 70 feet.

2. No person shall install, maintain, or use any on-site wastewater treatment system or wastewater storage system or any private connection to a public wastewater system within 100 feet of a vulnerable feature in the Casper Formation.

3. Within the APO, no permit shall be issued for any wastewater system until the applicant demonstrates to the Planner or designee that there are no vulnerable features in the Casper Formation within 100 feet of any point of the proposed system. Proof shall be at least the signed and stamped written opinion of a Wyoming licensed professional engineer or Wyoming licensed professional geologist. The Planner or designee may review independently obtained evidence and records in arriving at a decision under this subsection. If material not supplied by the applicant is used in the decision, the applicant shall be given notice of the material used and an opportunity to comment on it before a final decision is reached. Aggrieved parties may appeal the decision to the Board of County Commissioners.

1. Installation, design, repair, and removal of septic systems located within the APO zone must be in accordance with plans and specifications certified by a professional engineer registered to practice in the State of Wyoming. This resolution does not grant the right to install a septic system or small wastewater treatment system otherwise forbidden by County resolutions.

2. Each septic system and leach field within the APO shall be inspected by a person qualified by education or training to inspect small wastewater systems

a. During installation before backfilling;

b. At least once each three years.

If upon inspection a septic system is found not to be adequately designed or constructed to serve the use to which it is connected without undue risk to the aquifer it shall not be used for the disposal of wastewater until it is cleaned, repaired, or otherwise made to operate adequately, so as not to present an undue risk to the aquifer.

Pre-existing nonconforming uses within the APO zone are subject to the terms of this resolution and not to other general resolution provisions on pre-existing nonconforming uses.

1. A pre-existing nonconforming use is a use prohibited by this regulation but which is in place upon property included in the APO zone as of the date the property was included in the APO zone. That date may be the effective date of this resolution, or the date a use becomes nonconforming because of an amendment to this resolution. Septic systems and other privately–owned wastewater treatment systems are controlled exclusively under Sections 4 and 5 above and are not subject to these provisions on pre-existing nonconforming uses.

2. Pre-existing nonconforming uses may continue in the same location they were in when they became nonconforming uses, but shall not be expanded in size or scope. Pre-existing nonconforming uses which are damaged may be repaired and resumed at the same location, size, and scope, provided that after repairs are complete, best available control technology shall be in place to prevent contact between hazardous materials and the surface of the ground.

3. A pre-existing nonconforming use may be expanded under these conditions:

a. The expansion does not increase the hazard to the aquifer; or

b. Control technology built in to the expansion will prevent any increased risk to the aquifer because

1) Substitution is made of one hazardous material for another provided the substituted material is used for the same function and in equal or lesser amounts as the original material;

2) Substitution of equipment or process for equipment or process provided that the substituted equipment or process performs the same function as the original equipment or process, without increasing the storage volume of hazardous materials stored at the subject business or facility;

3) Expansion of wholesale or retail sales volume which increases the use of hazardous materials but which does not increase the storage capacity for hazardous material;

4) Initiation at the subject facility or business of an activity that is not a prohibited activity; or

4. Every pre-existing nonconforming use shall:

a. Store hazardous material in an enclosed structure or under a roof which minimizes storm water entry to the containment area.

b. Provide floors within a structure where hazardous material is stored, coated to protect the surface of the floor from deterioration due to spillage of any such material. A structure which may be used for storage or transfer of hazardous material shall be protected from storm water run-on and ground water intrusion.

c. Store hazardous material within an impermeable containment area which is capable of containing at least the volume of the largest container of such hazardous material present in the area, or 10% of the total volume of all such containers in the area, whichever is larger, without overflow of released hazardous material from the containment area.

d. Store hazardous material in a manner that will prevent the contact of chemicals with any materials so as to create a hazard of fire, explosion, or generation of toxic substances.

e. Store hazardous materials only in a container that has been certified by a state or federal agency or the American Society of Testing Materials as suitable for the transport or storage of the material.

f. Store all hazardous material in an area secured against entry by the public, except items offered for retail sale in their original unopened containers.

g. Not use, maintain, or install floor drains, dry wells, or other infiltration devices or appurtenances which allow the release of wastewater to the ground water.

h. Not discharge any substance or material to the ground in the APO zone unless the discharge is permitted by law.

These requirements are intended to supplement, and not to supersede, any other applicable requirements of federal, state, or local law.

The Planner or designee is authorized to promulgate rules and regulations under the Wyoming Administrative Procedure Act concerning the kind and amount of information which the owner of a pre-existing nonconforming use must provide to enable the Planner or designee to make an informed decision under this section. Appeals from the decision under this section shall be taken to the Board of County Commissioners.

The establishment of the APO zone, and the use of APO-zoned properties in accord with this resolution, does not relieve any person from liability provided by law for contamination of the aquifer. This resolution does not supersede or modify the requirements of any federal, state or local law which makes stricter requirements.

The provisions of this resolution are severable. If any provision is declared to be invalid or unenforceable by any court of competent jurisdiction, those provisions not so declared shall remain in effect.