Development Guidance System Ordinance, 2009 - Hardin County ...

DEVELOPMENT GUIDANCE SYSTEM2. Above ground level, liquid and leaching monitoring ofprimary containment systems, the replacement or repair andcleanup and/or repair of the impervious surface.(d) For any other release occurring, the owner and/or operator shallreport all incidents involving liquid or chemical material to theappropriate Water District.(e) Since it is known that improperly abandoned wells can becomea direct conduit for contamination of groundwater by surfacewater, all abandoned wells should be properly pluggedaccording to local and state regulations.(f) A Groundwater Protection Plan which meets requirements of401 KAR 5:037 shall be prepared and submitted to theCommission for review before development is completed andshall be kept onsite.D. LIABILITYNothing in this ordinance shall be construed to imply that the HardinCounty Fiscal Court or any other governmental entity as named hereinor involved in administration of this regulation directly or indirectly hasaccepted any of an owner/developer's liability if a permitted facility oruse contaminates groundwater in any aquifer.E. ZONE BOUNDARY DISPUTESIf the location of the Overlay Zone boundary in relation to a particularparcel is in doubt, resolution of boundary disputes shall be through awaiver application. The burden of proof shall be upon the owner(s) ofthe land to demonstrate the actual location of the boundaries of theOverlay Zone with respect to their individual parcel(s) of land. If theowner(s) request that the Hardin County Planning Commission, inconsultation with the local Water District utilizing the water sourceinvolved, determine more accurately the boundaries of the OverlayZone with respect to individual parcels of land, the Commission orWater District may engage a professional engineer, hydrologist,geologist, or soil scientist and charge the owner(s) for the cost of theinvestigation.ZONING REGULATIONS 53