Updated: Thursday, June 03, 2004 10:07 AM

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Proposed Ordinance (see also - Public Hearing)

WHEREAS, Branch Lake in the City of Ellsworth serves as the City’s public drinking water supply and qualifies as a public water source under 22 M.R.S.A. §2641;

WHEREAS, the Ellsworth City Council is responsible for regulation of the sources of public water supply and surrounding lands in order to protect the quality of the public water supply sources, as well as the health, safety, and welfare of persons dependent upon such supplies under 22 MR.S.A. §2642;

WHEREAS, the City of Ellsworth Comprehensive Plan [adopted on places a high priority upon protection of the Branch Lake public drinking water supply, and requires that the City undertake measures to protect Branch Lake from pollution and to eliminate risks to water supply from development of new public launch sites on Branch Lake;

WHEREAS, the Maine Drinking Water Program discourages development of new marinas and boat launches on public water supply lakes and has identified any increased recreational and boating pressure on Branch Lake as being a "significant risk of water quality degradation and increased public health risk"; and

WHEREAS, an infestation of invasive aquatic plants would create a serious threat to Branch Lake water quality and the filtration system of the Ellsworth public drinking water supply;

WHEREAS, there is currently no feasible remediation for invasive aquatic plant infestations on public drinking water supply lakes, leaving the Branch Lake drinking water supply at serious risk if such an infestation were to occur;

WHEREAS, increased public boat ramps and marinas significantly increase the threat of an infestation of invasive aquatic plants in Branch Lake because such plants can be easily transported to Branch Lake by boats from currently infested lakes in Maine and New England; and

WHEREAS, the City of Ellsworth has no feasible alternative public drinking water supply to meet the City’s current needs; and

WHEREAS, the State of Maine Department of Conservation has announced plans to construct a public boat launch on Branch Lake in the near future that would operate without supervision;

WHEREAS, the City Council must protect against degradation of the public drinking water supply of Branch Lake that is reasonably foreseeable as a result of proposed development of boat launches and marinas on the Branch Lake shore;

WHEREAS, a moratorium on construction of new boat launches or marinas is needed pending development of a comprehensive ordinance to protect the drinking water supply from threat of invasive aquatic plants and contamination associated with marinas and boat launches;

WHEREAS, the application of existing comprehensive plans, and City land use ordinances is inadequate to prevent serious harm to the City’s public drinking water supply from residential, commercial, industrial and public facility marina and boat launch development on Branch Lake,

NOW, THEREFORE, the City Council enacts the following ordinance:

I. Article [ ]. City of Ellsworth Drinking Water Protection Ordinance

(A). Statement of intent.

The City of Ellsworth Drinking Water Protection Ordinance is intended to ensure the adequate protection of the current public water supply reservoir. The ordinance is intended to protect public health, ensure the availability of safe drinking water, and prevent the degradation of the water supply in the reservoir through the regulation of land uses and development within the reservoir drainage area.

(B). Applicability.

The special provisions established in this Moratorium shall apply to all proposed boat launch and marina projects within the Branch Lake Reservoir Protection Area as depicted on the attached map. This Area is considered to be essential to protection of the existing reservoirs from the effects of possible contaminating activities. This Area may be modified from time to time by the City Council as new assessment data becomes available.

(C). Definitions.

For the purposes of this section, the following terms shall have the following meanings:

Development. Any construction, external repair, land disturbing activity, grading, road building, pipe laying, or other activity resulting in a change in the physical character of any parcel or land.

Marina. Any public or private land- or water-based area or structure that supports the launch or mooring of boats, personal watercraft, or other watercraft for recreational, commercial, or industrial purposes, or provides services to such watercraft, such as fuel or equipment sales.

Potential Contaminating Activity. Activities identified as having the potential to discharge contaminants to surface or groundwaters.

Reservoir. Branch Lake, extending from the watershed tributary streams of Branch Lake to the dam at the head of the Union River, as depicted on the attached map of the Branch Lake Reservoir Protection Area, which provides the public drinking water supply source of the City of Ellsworth.

Tributary stream. Any perennial or intermittent stream, including any lake, pond or other body of water formed therefrom, flowing either directly or indirectly into the Reservoir.

Watershed. Any area lying within the drainage basin of the Reservoir.

(D). Moratorium.

(1) Commencing on June [ ] and ending [180 days thereafter], all development of boat launches and marinas shall be prohibited within the Branch Lake Reservoir Protection Area. The City of Ellsworth Planning Board and Zoning Board of Appeals shall not approve any permit for the construction or reconstruction of any boat launch or marina construction within the Area. No individual or entity shall undertake development of a boat launch or marina within the Area.

(2) Whoever willfully violates this Ordinance shall, upon conviction, be penalized in accordance with the provisions of 22 M.R.S.A. §2642.

(E). Education Program.

The City Manager shall implement an educational program for Branch Lake riparian owners, including the owners and operators of all current boat launches and marinas in the Branch Lake Reservoir Protection Area, concerning the risks presented to the public drinking water supply by all potential contaminating activities, including, but not limited to, infestation of invasive aquatic plants due to inadequate boat and trailer cleaning and chemical contamination due to poor fuel supply use and storage practices. The City Manager shall report to the City Council on the program implementation progress no later than July 1, 2004.

(F). Ordinance Development.

The City Manager shall work with the City of Ellsworth Planning Board to develop a permanent Branch Lake Reservoir Protection Area Ordinance addressing potential contaminating activities for presentation to the City Council no later than October 15, 2004. The Planning Board shall consult the United States Environmental Protection Agency and State of Maine Drinking Water Protection Programs in the drafting of the Ordinance in order to ensure that the best management practices are implemented and shall assure that the Ordinance is consistent with the City of Ellsworth Comprehensive Plan.

[To be added]

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