Agenda - 08-26-1991 - Laserfiche WebLink

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57 These local programs must be at least as stringent as the state minimum requirements. Local governments may choose to adopt protection measures more stringent than the state minimum standards. Local ordinances should address all the provisions outlined in the water supply protection rules. This includes encouraging the use of best management practices where practical for all activities in the watershed area, establishing appropriate limits for development densities and allowable land use practices as well as implementing plans for maintaining hazardous materials inventories and spill /failure containment plans. The DCA has worked with DEM staff to develop a model ordinance that local governments can utilize in developing their water supply protection programs. The intent of the model is to reflect the requirements of the water supply protection rules as adopted by the Commission. A draft model ordinance was not available for inclusion in this package, but will be available, as noted in Appendix D, for your review and comment. Administration Local governments will be responsible for administering the land use management and protection plans associated with the water supply protection rules as outlined in HB 156. If a local government fails to implement or appropriately administer their program according to the minimum requirements, the EMC may assume responsibility for the program, impose the state's minimum or more stringent requirements and access civil penalties on the local government to recover the costs of administering the program. Local governments should be aware that once their programs are approved by the EMC, notification should be given to DEM and the EMC of any proposed modifications. In some cases modifications (changes to critical or protected area boundaries) may require that the EMC conduct a public hearing on the proposed changes. RESPONSE TO GENERAL QUESTIONS • How is existing development defined and what is the effect on zoned land? Staff have received numerous questions asking for clarification of what would be required of projects that are already in prog- ress or projects that are to be built in phases. The rules have therefore been proposed to be modified to include a defi- nition of various categories of existing development. This existing development is required to comply with the rules to the "maximum extent practicable ". Since the "maximum extent practicable" leaves room for interpretation, the Commission is very interested in receiving comments on this issue. The fol- lowing is how staff would interpret what would be required. Depending on the comments received, further clarification may be added to the rules. The modified rules state that existing development would 11