IIIII 

1117755-R8 SDMS 

ORDINANCE NO. 06/26/2007 0-8 

AN ORDINANCE CREATING SECTION 8.10 IN CHAPTER 8 OF THE 

MIDVALE CITY MUNICIPAL CODE TITLED "INSTITUTIONAL CONTROLS 

ORDINANCE FOR BINGHAM JUNCTION, JORDAN BLUFFS AND 

DESIGNATED RIGHTS-OF-WAY" AND REPEALING SECTION 12.12.150 OF 

CHAPTER 5; ALSO PROVIDING A SAVING CLAUSE AND AN EFFECTIVE 

DATE FOR THE ORDINANCE. 

WHEREAS, pursuant to Section 10-6-12 Utah Code Annotated 1953 as amended, the 

City has authority to adopt the Midvale City Municipal Code; and 

WHEREAS, the City Council of Midvale City, Utah, held a public meeting regarding 

adoption ofthe Institutional Confrols Ordinance for Bingham Jimction, Jordan Bluffs and 

Designated Rights-of-Way on June 26,2007; and 

WHEREAS, the City Council of Midvale City, Utah, find it appropriate to adopt such an 

ordinance in an eflfort to ensure the long term protection ofthe final remedies for both the 

Bingham Jimction and Jordan Bluffs sites. 

NOW, THEREFORE, BE IT ORDAINED by the City Council of Midvale City, Utah 

as follows: 

Section 1. The Municipal Code which sets forth the laws and policies within Midvale 

City, is hereby amended by repealing Section 12.12.150 of Chapter 12 ofthe Midvale City 

Municipal Code and addmg Section 8.10 of Chapter 8 as follows: 

See Attachment "A" 

Section 2. If any part of this ordinance or the applications thereof to any person or 

circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be 

unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of 

this ordinance or the application thereof to other persons and circumstances, but shall be 

confined to its operation to the section, subdivision, sentence or part ofthe section and the 

persons and circumstances directly involved in the confroversy in which such judgment shall 

have been rendered. It is hereby declared to be the intent ofthe City Council that this section 

would have been adopted if such invalid section, provisions, subdivision, sentence or part of a 

section or application had not been included. 

L 
Section 3. This ordinance shall be effective upon date of first publication. 

PASSED AND APPROVED thi§;2^ay of \Jk.kJU 2007. 

ATTEST: 

RorlClark, MMC 

CityRecorder 

Date of first publication: \jll[d { ^^tffl 
Midvale Municipal Code 

Chapter 8.10 

Institutional Controls Ordinance for Bingham Junction. Jordan Bluffs and Designated 

Rights-of-Wav 

8.10.010 Purpose 

The Institutional Control Ordinance for Bingham Junction, Jordan Bluffs and 

designated rights-of-way (the "IC Ordinance" or "Ordinance") sets forth the requirements 

and procedures for the public Institutional Controls ("ICs") forthe redevelopment and 

reuse of the Bingham Junction and Jordan Bluffs properties, both of which have been or 

will be fully remediated under the federal Superfund program, also known as CERCLA. 

Generally speaking, the purpose ofthe ICs adopted in this Ordinance is to prevent 

unacceptable human exposure to contaminants that remain onsite by ensuring the 

protection, maintenance, and improvement of physical barriers that have been or will be 

placed on the various properties. This Ordinance also addresses contaminated 

groundwater issues in certain areas. 

This Ordinance has been prepared as a mechanism to assure that consistent 

and effective inspection and maintenance and enforcement activities are occurring and 

will occur in the future throughout the Bingham Junction and Jordan Bluffs properties. 

The ICs in this Ordinance applicable to Bingham Junction are based upon the 

Institutional Control Process Plans for Operable Unit No. 1 and Operable Unit No. 2 of 

the Midvale Slag Site and the ICs for Jordan Bluffs are based upon the Institutional 

Control Process Plan for the Sharon Steel Site. 

8.10.020 Scope 

Unless otherwise expressly provided, this Ordinance extends to ali parts ofthe 

Bingham Junction and Jordan Bluffs properties, as depicted in Figure A_and Figure B, 

respectively, ofthis Ordinance. All development and other construction activities within 

the boundaries ofthe Bingham Junction and Jordan Bluffs properties must be 

perfonned in accordance with this Ordinance. 

8.10.030 Definitions 

In the construction ofthis Chapter, the following words and phrases shall be as 

defined in this section unless a different meaning is specifically defined elsewhere in 

this title and cleariy applies: 

A. "Bingham Junction North" means that portion of the Bingham Junction 

Property as depicted In Figure C of this Ordinance. Bingham Junction North was 

originally designated by EPA as "Operable Unit 1" or "0U1." 

Institutional Controls Ordinance 06-21-07 final.doc 
"Zone A" means that portion of Bingham Junction North for which only 

groundwater and monitoring well controls are needed, as depicted in Figure D ofthis 

Ordinance. 

"Zone B" means that portion of Bingham Junction North that has additional soil 

management requirements, as depicted in Figure E of this Ordinance. 

B. "Bingham Junction South" means that portion of the Bingham Junction 

Property as depicted in Figure F of this Ordinance. Bingham Junction South was 

originally designated by EPA as "Operable Unit 2" or "0U2." 

C. "Calcine Area" means that portion of the Bingham Junction South property 

as depicted in Figure G of this Ordinance. 

D. "Calcine Material" consists of dense, fine-grained, purple-colored material 

and is located beneath demarcation materials within the Calcine Area. Calcine Material 

contains relatively high levels of metals and has the potential to generate acidic 

conditions. 

E. "Cap" means that portion of the Jordan Bluffs property where an 

engineered Cap has been installed oVer mine wastes. 

F. "Cap Area" means that portion of the Jordan Bluffs property where the 

Cap has been installed over tailings materials and other mine wastes, as depicted in 

Figure H of this Ordinance. 

G. "City" means City of Midvale, Utah. 

H. "Clean Fill" means a mixture of uncontaminated nonwater-soluble, 

nondecomposable, inert solid such as rock, soil or gravel, concrete, glass and/or clay or 

ceramic products. Clean fill shall not mean processed or unprocessed mixed 

construction and demolition debris. Material derived from a known source of 

contamination will not be considered clean fill unless sampled and approved by the City. 

Parties using clean fill will maintain a record of the source of the fill brought into the area 

and any sampling conducted on the fill material. This information will be provided to the 

City, UDEQ or EPA upon requesL 

H. "Consent Decree" means the Remedial Design/Remedial Action Consent 

Decree entered in the matter of United States v. Littleson. Inc.. Civ. No. 2:99CV0757 ST 

(U.S. District Court, Utah, 2004). 

I. "CUP" means Conditional Use Pennit 

J. "EPA" means the U.S. Environmental Protection Agency. 

K. "EPA Action Level" means the level of lead, arsenic or cadmium that can 

remain safely in the soils. This level varies depending on the use of the property. The 

allowable levels of lead, arsenic and cadmium for Bingham Junction North and South 
for residential use are: Arsenic 73 ppm, Cadmium 49 ppm, and lead 650 ppm. The 

allowable levels of lead and arsenic for Jordan Bluffs East are: Lead 500 ppm and 

Arsenic 70 ppm. 

L. "ICs" or "Institutional Controls" means the land use requirements and 

restrictions contained in this Ordinance for the safe management of contaminants that 

may be found in the air, water or soils of Bingham Junction North, Bingham Junction 

South, and Jordan Bluffs. 

M. "Jordan Bluffs Wesf means the portion of the property formeriy known as 

the Sharon Steel Site that is overlain with an impermeable cap that requires special 

care, as depicted in Figure H of this Ordinance. 

"Jordan Bluffs Easf means the former mill area of the property formeriy 

known as the Sharon Steel Site, that does not have an impenneable cap, as depicted in 

Figure I of this Ordinance. 

N. "Materials Management Plan" means a plan submitted to Midvale City with 

respect to any construction activities at the Site involving potentially contaminated 

materials and demonstrating that such construction activities will be in compliance with 

the ICs contained in this Ordinance. 

O. "Multi-Family Use" means residential uses that do not include access to a 

yard that is owned and controlled by the resident, such as apartment complexes, 

condominiums, and multi-story buildings. 

P. "National Ambient Air Quality Standards" means the air quality standards 

codified at 40 CFR Part 50 and promulgated by EPA pursuant to section 109 ofthe 

federal Clean Air Act, 42 U.S.C. 7401 etseq. 

Q. "Plume Area" means that area within the Bingham Junction South and 

Bingham Junction North properties as depicted in Figure J ofthis Ordinance. 

R. "POA" means Property Owners Association. 

S. "RCRA Subtitle D" means Subchapter IV of the Resource Conservation 

and Recovery Act, 42 U.S.C. §§ 6941 to 6949a. 

T. "RCRA Subtitle D landfill" means a landfill permitted and operated in 

compliance with RCFiA Subchapter IV, including but not limited to landfills pennitted and 

operated in compliance with Utah Administrative Code R315-301 to 311. 

U. "RIghts-of-Way" means the public rights-of-way depicted in Figure K and 

the portion of 7800 South that runs between Jordan Bluffs and Bingham Junction South. 

V. "Riparian Zone" means the area next to the Jordan River that is included 

in the pari< property owned by the City of Midvale. 
W. "Single Family Use" means residential land uses that include access to a 

yard that is owned and controlled by the resident, such as traditional single, detached 

housing units. 

X. "Site" means the entire Jordan Bluffs, Bingham Junction North, and 

Bingham Junction South, and land areas. 

Y. "SMP" means the Site Modification Plan relating to the Jordan Bluffs 

property, dated February 2, 2004. 

Z. "Source Area" means that area within the Bingham Junction South 

property as depicted in Figure L of this Ordinance. 

AA. "Special Inspector" means a registered professional engineer with the 

appropriate experience and knowledge to oversee implementation of applicable 

sections of this Code. The Special Inspector will certify to the City that the applicable 

Institutional Controls set for the in this Code have been followed in connection with such 

construction activities. 

BB. "Surface Cover" means clean soil or fill used as a final cover and barrier 

over slag, smelter wastes and native soils at Bingham Junction South and over native 

soils and slag at Bingham Junction North. 

CC. "UDEQ" means the Utah Department of Environmental Quality. 

DD. "Union Pacific Property" means the real property located within the 

Bingham Junction South property that is owned by Union Pacific Railroad and used only 

for transportation purposes. 

EE. "UTA" means the Utah Transit Authority. 

FF. "UTA Property" means the real property located within the Bingham 

Junction South property that is owned or controlled by UTA and used only for 

transportation purposes. 

GG. "Vapor Mitigation Area" means that area within the Bingham Junction 

property as depicted in Figure M of this Ordinance. 

HH. "Waste Materials" means hazardous substances under Section 101 (14) of 

CERCLA, 42 USC § 9601(14); pollutants or contaminants under Section 101(33) of 

CERCLA; and solid waste under Section 1004(27) of RCRA, 42 U.S.C; § 6903(27). 

8.10.040 Groundwater and Monitoring Wells 

A. New groundwater wells are prohibited within the Bingham Junction North 

(Zone A and Zone B), Bingham Junction South, Jordan Bluffs West, and Jordan Bluffs 

East properties without the prior consent of EPA, the UDEQ, and the State Engineer. 

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B. No person shall disturb an existing monitoring well without the prior 

approval of EPA and UDEQ. New monitoring wells shall be approved by EPA and 

UDEQ. A rehabilitation or well replacement plan must accompany any request to 

disturiD a monitoring well. 

8.10.050 Jordan Bluffs West 

Sections 8.10.050 through 8.10.080 apply only to the Jordan Bluffs West 

property unless otherwise specifically provided. The Jordan Bluffs West property 

includes an engineered Cap covering tailings materials. The purpose of the Cap is to 

prevent unacceptable exposures to the underiying mine wastes as well as to protect 

groundwater and surface water. It is important that the integrity of the Cap be 

maintained through redevelopment and reuse of the property. 

8.10.060 Jordan Bluffs West- Covers and Materials Management 

A. Site plan approval as required by chapter 17-7-3 and regulated by 17-7-10 

of the Midvale City Zoning Ordinance and Title 16, Subdivisions, shall be obtained 

before initial Site development, future redevelopment or change in land use. 

Applications shall be made available through the City Community and Economic 

Development Department, In conjunction with the submittal of the preliminary site plan 

application, the applicant shall submit documentation that shall include an attestation 

that the applicant is aware ofthe current Site condition and will comply with all 

Institutional Controls. All applicants must retain, at their sole cost, a Special Inspector 

as defined in Paragraph AA ofthis Ordinance. Applicant submittals and requirements 

under the site plan approval process are summarized in this section, which are in 

addition to and in conjunction with the requirements identified in 17-7-3 and 17-7-10 of 

the Midvale City Zoning Ordinance. 

(1) Applicant shall submit a plan illustrating the proposed construction 

and developmenL Preliminary and final site plans for development shall be submitted 

for review and approval. Preliminary and final development plans shall specify the 

amount of existing and proposed soil cover over the Cap as well as any proposed 

penetrations or alterations of the Cap, Any proposal which includes penetrations or 

alterations of the Cap must include detailed plans for repairing the Cap in accordance 

with the SMP. 

(2) Grading and drainage plans are required and shall specifically 

assure the protection of soil covers from erosion over the Cap membranes and provide 

adequate drainage to prevent accumulation of water on the Cap. 

(3) Alterations to the existing Operations and Maintenance plan may 

be proposed by the applicant, the City or other party. EPA and UDEQ shall consider 

alterations to assure the proposed development site will be maintained In a manner 

which shall preserve the effectiveness of the Cap. 
(4) An air quality monitoring and dust suppression plan shall be 

provided. The plan must ensure that National Ambient Air Quality Standards and state 

and local air quality requirements are met for site contaminants at the boundary 

between the construction area and the developed areas. Applicant may request a 

waiver of the air monitoring requirements by submitting relevant data demonstrating 

compliance with all air quality standards under similar circumstances (similar weather 

conditions, construction operations, site materials, etc.), 

B, If any intrusive exploratory activities (such as excavations, borings, CPT 

soundings) or foundations (including piles or drilled shafts) are proposed forthe Cap 

Area at depths that penetrate the Cap, approval must first be obtained from the City, 

The request for approval must include a detailed description ofthe proposed exploration 

or construction activity as well as the mechanism(s) that will be used to prevent 

contamination of the aquifer and release of contaminated material. In addition, the plan 

shall be in conformance with the accepted SMP. The request must be approved by the 

City of Midvale prior to implementation of the work, 

C. A road cut permit shall be required for any work in the public right-of-way, 

per ordinance 12.12 ofthe Midvale City Municipal Code, 

D, All property within the Jordan Bluffs West property will be included within 

one or more Property Owner's Assoclation(s) ("POA"), The POA will be established by 

the owner or authorized representative prior to subdivision plat approval for the Jordan 

Bluffs property. Membership in any and all POAs is a condition of development on the 

Jordan Bluffs property. The POA shall be responsible for maintenance and repair of the 

Cap (including soil covers) beneath property within Its boundaries. The City shall make 

necessary repairs to covers and barriers if the landowner or POA fails to do so in a 

timely or appropriate manner. In that event, the City shall have the right to recover its 

costs from the landowner or POA, The City shall also have the right, in its sole 

discretion, to charge the landowner a surcharge for the costs of the City's work related 

to the property, in an amount established by ordinance. 

E. Reasonable efforts must be used to minimize penetration of the Cap, 

Excess soil or tailings generated from undemeath the Cap either during development or 

after development will be managed in accordance with the accepted SMP, 

8.10.070 Jordan Bluffs West - Water Management 

A, In order to reduce the risk of future groundwater contamir^ation, the 

integrity ofthe Cap will be maintained as provided in Section 1-01-160, no utilities will 

be located beneath the Cap, and all surface water management (including storm water 

management during construction) will be in compliance with the SMP, 

8.10.080 Jordan Bluffs West- Construction, Development, and Excavations 

After Initial Development 
Development within the Jordan Bluffs West property may require the placement 

of additional soils above the existing Cap as outlined in the SMP, With respect to any 

and all developed areas within the Cap Area after initial development, the POA shall 

oversee the landscaping and maintenance of all landscaped areas, A range of controls 

may be included within the responsibilities of the POA. At a minimum the controls shall 

include: For areas with less than three (3) feet of cover soil over the cap, the POA shall 

take responsibility for any and all landscape installation and maintenance. For areas 

with greater than three (3) feet thickness of soil covers, the POA may allow individual 

property owners to install and maintain landscaping insofar as regrading of the property 

does not occur. All landscape plans on individual properties shall be reviewed and 

approved by the POA to ensure adequate soil covers, appropriate irrigation, and 

approved planting plans. All plants must be on the approved list contained in the SMP. 

8.10.090 Bingham Junction South 

Sections 8,10.090 through 8.10.130 apply only to the Bingham Junction South 

property unless otherwise specifically provided. The Bingham Junction South property 

includes a Surface Cover underiain by a demarcation layer consisting either of slag 

material (minimum 24 inches) or a brightly-colored geotextile material. It is presumed 

that materials located beneath the demarcation layer exceed the remediation goals 

established by EPA for the property; however, this presumption may be rebutted as 

provided herein. 

8.10.100 Bingham Junction South - Covers and Materials Management 

A. Surface Cover Maintenance, The individual landowners are responsible 

for maintenance and repair of Surface Covers on their property. The City shall have the 

right to make necessary repairs to Surface Covers if the landowner fails to do so in a 

timely or appropriate manner. In that event, the City shall have the right to recover its 

costs from the landowner. The City shall also have the right, in its sole discretion, to 

charge the landowner for the costs of the City's woric related to the property, in an 

amount established by ordinance. This right to Impose these costs does not apply to 

the Union Pacific Property or UTA Property. 

B. Storage of Surface Covers. Slag Materials. Subject to Subsection I of this 

section, materials excavated from beneath final Surface Covers must be segregated in 

a reasonable fashion from such Surface Cover materials. Where present, slag 

materials must also be segregated from materials underiying the slag. Storage of slag 

materials must also limit or prevent human and environmental exposure (e,g. limited 

access, dust suppression, etc.). Storage and management of excavated materials must 

be described in reasonable detail and performed in accordance with the Materials 

Management Plan discussed in subsection G. 

C. Storage of Materials from Below Demarcation Layer. Subject to 

Subsection I, materials excavated from below the demarcation layer may be stored on 

plastic and covered with plastic or cloth tarp for a single 8-hour woric shift. Storage for 

up to 24 hours adjacent to the work area Is pennitted Ifthe storage area is secured by 
temporary fencing. Storage beyond 24 hours must be in roll- off bins with secured tops 

or equivalent. In lieu of the foregoing specific management requirements for materials 

excavated from beneath the demarcation layer, it will be sufficient for a contractor to 

comply with applicable OSHA worker health and safety laws, mles, and regulations 

pertaining to such materials. Storage and management of excavated materials must be 

described in reasonable detail and performed in accordance with the Materials 

Management Plan discussed in subsection G, 

D, Replacement of Excavated Materials, Subject to Subsection I, reasonable 

efforts should be used to return excavated materials to the original excavation. If 

excavated materials are retumed to the excavation, any materials beneath the 

demarcation layer must be placed first, with the demarcation layer being replaced to the 

excavation and compacted as appropriate, followed by restoration of an appropriate 

Surface Cover. To the extent practicable, any new demarcation layers must tie into 

existing demarcation layers prior to the placement of Surface Covers, If the 

demarcation layer consists of slag, the minimum thickness must be 24-inches; 

othenwise a brightly-colored geotextile fabric must be used. Worn or damaged 

geotextUe demarcation material in an excavated area must be replaced with new 

material. Any left over waste material must be managed in accordance with this Section 

(8,10.100). 

E, Relocation of Excavated Materials, Reasonable efforts should be used to 

appropriately re-distribute excess materials excavated from beneath final Surface 

Covers within the area of excavation, In accordance with the requirements of this 

Section. However, except for Calcine Material, excess excavation materials may also 

be relocated to any area within the Bingham Junction South property. Calcine Materials 

may be relocated only in areas that are within the Calcine Area, without further approval 

from EPA and UDEQ. In connection with the relocation of such excess excavation 

materials, a demarcation layer consisting of a minimum 24-inch layer of slag or other 

appropriate demarcation material shall be placed on top of any relocated materials, 

followed by an appropriate Surface Cover. Wom or damaged geotextile demarcation 

material must be replaced with new material. Any new demarcation layers shall, to the 

extent practicable, tie into existing demarcation layers prior to placement of Surface 

Covers, Compaction requirements from the City of Midvale must be satisfied. If the 

Surface Cover consists of a vegetated soil cover, the minimum depth must be 18-inches 

(24-inches for residential use) and the area must be re-seeded and vegetation reestablished. Relocation of materials to undeveloped areas of Bingham Junction South 

must not result in slopes exceeding the maximum slope established in the Remedial 

Design for Bingham Junction South or othen/vise adversely affect storm water 

management systems. 

F, Off-Site Disposal. Subject to Subsection I, any soils or other materials from 

beneath the demarcation layer, that must be disposed off-site must be disposed in a 

permitted landfill. Wastes must be characterized In accordance with the requirements 

of the permitted disposal facility and disposed of in accordance with applicable federal 

and state hazardous and solid waste laws. Off-site disposal of Waste Material In 

excess of 10 cubic yards must also comply with Paragraph 13 of the Consent Decree. 
Excess slag materials may also be beneficially re-used off-site as engineered fill as well 

as aggregate in concrete. Any beneficial reuse shall be explained in the Materials 

Management Plan, 

G, Environmental Plans and Approvals. Site plan approval as defined and 

required by chapter 17-7-3 and regulated by 17-7-9 of the Midvaie City Zoning 

Ordinance shall be obtained before initial site development, future redevelopment or 

change in land use. Environmental Plan applications shall be made available through 

the City Community and Economic Development Department, In the application, the 

applicant shall disclose the presence of hazardous substances on the Site and identify 

the type and location of reports pertaining to the location and type of hazardous 

substances on the Site, In conjunction with the submittal of the preliminary site plan 

application, the applicant shall submit, to the City Community and Economic 

Development Department, documentation that shall include an attestation that the 

applicant is aware ofthe cun'ent Site condition and will comply with all Institutional 

Controls, Applicant submittals and requirements under this section are summarized in 

this section, which are in addition to and in conjunction with the requirements identified 

in 17-7-3 and 17-7-9 ofthe Midvale City Zoning Ordinance: 

(1) Development and Final Cover Plans, Applicant shall submit a plan 

illustrating the proposed construction and development. Final cover plans for the 

development shall be submitted for review and approval. Preliminary and final cover 

plans must designate the type and location of final covers. 

(2) Materials Management Plan. A materials management plan must 

be provided with respect to any construction activities that involve the management of 

potentially contaminated materials {e.g., slag or underiying materials). The materials 

management plan must demonstrate that all such construction activities will be in 

compliance with this Ordinance, All applicants must retain, at their sole cost, a Special 

Inspector as defined in Paragraph AA of this Ordinance, 

(3) Dust Suppression and Monitoring Plan, An air quality monitoring 

and dust suppression plan shall be provided with respect to any constaiction activities 

that involve the management of potentially contaminated materials {e.g., slag or 

underiying materials). The plan will ensure that National Ambient Air Quality Standards 

are met for site contaminants at the boundary between the construction area and the 

developed areas in addition to State or local air quality requirements. Applicant may 

request a waiver of the air monitoring requirements by submitting relevant data 

demonstrating compliance with all air quality standards under similar circumstances 

(similar weather conditions, construction operations, site materials). 

(4) Surface Cover Drainage Plans, Surface Cover drainage plans will 

be required and shall specifically demonstrate the protection of Surface Covers from 

erosion and ensure that drainage pattems are appropriate and consistent with the ICs 

for the groundwater remedy adopted by EPA. 
(5) Monitoring and Maintenance. A proposed monitoring and 

maintenance plan must be provided by applicant to ensure that all Surface Covers on 

the proposed development site will be maintained in accordance with this Code, 

(6) Road Cut Permit, A road cut pennit shall be required for any work 

in the public right-of-way that breaches final site covers, per ordinance 12,12 ofthe 

Midvale City Municipal Code, 

H. Intrusive Activity Plan. If any intrusive exploratory activities (such as 

excavations, borings, CPT soundings) or foundations (such as piles or drilled shafts) are 

proposed for the Source or Plume Areas (as depicted in Figures L and J) at depths 

greater than 20 feet, plan approval must first be obtained from the City of Midvale, The 

plan must include a detailed description of the proposed exploration or construction 

activity as well as the mechanism(s) that will be used to prevent cross contamination 

between the two aquifers. The plan must be approved by the City of Midvale prior to 

implementation of the work. 

I. Procedures for Testing Materials. Excavated materials, soils, slag, and 

other materials excavated from beneath the final covers, barriers, and demarcation 

layers shall not be subject to the materials management provisions of 1-01-200,B,, C, 

and E, of this Ordinance, for use within the Bingham Junction or Jordan Bluffs areas, if 

the results of voluntary testing of a representative sample of such materials are at or 

below the EPA Action Level applicable to Bingham Junction South, Material testing 

below EPA's Action Level for Bingham Junction South, but above EPA's 400 ppm 

screening level for lead, shall not be considered clean fill for uses outside the Bingham 

Junction or Jordan Bluffs area from which it was excavated, without prior approval of the 

City, UDEQ and EPA, Procedures and protocols for testing of such excavated materials 

shall be approved in advance by the City, UDEQ, and EPA on a case-by-case basis, 

J, Notice to Contractors, Contractors performing earthwork within the 

Bingham Junction South property will be informed of the presence of contamination and 

informed of applicable EPA documents. Contractors will be required to comply with 

applicable environmental laws and regulations, including OSHA, 

8.10.110 Bingham Junction South - Water Management 

The shallow aquifer beneath a portion of the Bingham Junction property is 

contaminated, primarily with arsenic, as well as other substances. The Source Area as 

depicted in Figure L contains significant amounts of arsenic that impacts groundwater. 

Water management on portions of the Bingham Junction property will also focus on 

preventing new sources of water from affecting the extent, direction, and flow of the 

arsenic plume within the Source and Plume Areas, 

A. Source and Plume Area Definition - Subdivision. The Source and Plume 

Areas depicted in Figures L and J are merely Illustrative. At the time that Subdivision 

(as defined by the Midvale City Code) occurs on any property within a Source or Plume 

Area, the boundaries of these areas will be specifically noted by the developer on the 

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small scale master plan, subdivision plat, and/or other permanent record maintained by 

Midvale City for purposes of compliance. 

B, Unlined Stonn Water Detention Basins. Unlined storm water detention 

basins are prohibited within the boundaries of or within 100 feet of a Source or Plume 

Area. Liners of detention basins must be Impervious as determined and approved by 

the City (detention basins will be shown on construction plans relative to source area 

boundaries and will be included in site plan applications). 

C, Wet Utilities and Irrigated Areas, 

(1) Slaq Bedding Prohibited, Wet utilities may not be bedded in slag 

material. However, slag material may be used as backfill for wet utilities, above the pipe 

zone, as per APWA standards. 

(2) Flowfill or Eguivalent Bedding. All wet utilities traversing a Source 

or Plume Area must be bedded with flowabie concrete (flowfill), "welded" HDPE pipe, or 

equivalent engineering solution acceptable to the City, (Wet utility locations must be 

shown on construction plans relative to source area boundaries and will be included in 

site plan applications.) 

(3) Collars or Eguivalent. Low-permeability collars (or equivalent 

engineering controls acceptable to the City) will be required for all wet utilities within 

100-feet of the Source Area or Plume Area and that traverse a Source Area or Plume 

Area somewhere along the utility alignment. If used, collars will be installed at 50-foot 

intervals. Collar designs or other equivalent engineering control design will be 

submitted with the construction permit and site plan application. 

(4) Surface Inigation Restrictions, Within Source Areas, developers 

must provide a mechanism to limit infiltration of irrigation water. Minimum measures for 

Source Areas may include installing a buried impenneable barrier with drain system 

conveying excess water to the storm drain system beneath irrigated areas (or 

altemative with equivalent perfonnance as accepted by the City). Large shrubs or trees 

may be placed in sealed planter boxes (the location of irrigated areas and piping will be 

shown on construction plans relative to source areas and will be included in site plan 

applications). 

(5) Irrigation Plans. For non-residential development within Source 

Areas, all building pennit applicants will be required to submit to the City an imgation 

plan in order to implement the requirements in 8.10,110,C(4) above. The City will have 

the responsibility of approving and overseeing the implementation of the irrigation plan. 

(6) POAs. For residential development within Source Areas, Property 

Owners' Associations will have the responsibility of reviewing, approving, and 

overseeing the implementation of irrigation plans, 

D, Concrete Rubble. Concrete rubble may not be used as fill material below 

the historic high water table within 100-feet of a Source or Plume Area. 

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E. Construction De-watering, Disposal of contaminated construction 

wastewater must be done in accordance with applicable environmental regulations (to 

be included in site plan application). 

8.10.120 Vapor Mitigation at Bingham Junction North and South 

Unless risks posed by vapors from chlorinated organic contaminants (i,e. PCE) are 

demonstrated to be below a level of concern to the satisfaction of Region 8 EPA, for 

residential buildings within the area depicted in the Vapor Mitigation Area, appropriate 

vapor mitigation measures will be implemented. Appropriate measures may include 

passive mitigation installed in connection with initial building construction or other 

periodic vapor monitoring and mitigation if required in the future, 

8.10.130 Bingham Junction South - Single Family Use Development 

A, Scope, The following controls have been developed to permit Single 

Family Use development on the Bingham Junction South property. The clean fill barrier 

portion of the materials must be at least 24 inches for Single Family Use. Additional 

cover material may also be installed. This Section does not apply to the Union Pacific 

or UTA Property or to Multi-Family Use property. 

B, New Single Family Use Developments. As part of the City's Small Area 

Master Plan process, developments including Single Family Use will be subject to the 

following additional requirements: 

(1) CUP Approved Depth. At the time that the CUP for the Small Scale 

Master Plan is granted for areas designated for Single Family Use, the City will identify 

the depth of clean fill forthe specific Single Family Use development area ("CUP 

Approved Depth"), The CUP Approved Depth will be a unifonn depth of fill number 

equal to the most shallow fill ariea located within the relevant development area. 

(2) Grading Plans, Grading plans must demonstrate that the depth of 

clean fill for Single Family Use development will be equal to or greater than the CUP 

Approved Depth upon completion of initial home construction, 

(3) imgation Plans - Source Areas. For any Single Family Use 

development within a Source Area, an Imgation Plan must be submitted to the City that 

demonstrates that all surface inrigation activities will be in compliance with the 

requirements of Section 8.10,110(C)(4), 

(4) POAs, Conditions, Covenants and Restrictions to be filed with the 

Subdivision Plat which include the creation of a Property Owners Association in order to 

oversee compliance with applicable excavation and grading restrictions as identified In 

Section 1-01-200, For residential development within Source Areas, Property Owners' 

Associations will have the responsibility of reviewing, approving, and overseeing the 

implementation of irrigation plans for residential areas as required by section 8,10.110. 

12 
(5) Materials and Water Management, In Single Family Use 

developments, the requirements set forth in Sections 8,10.100 and 8.10,110 ofthis 

Code will apply to all activities leading up to and including initial home construction, 

including placement of clean fill, lot grading, and landscaping to the extent completed 

prior to the issuance of a Certificate of Occupancy. 

(6) Certificate of Occupancy, In order to receive a Certificate of 

Occupancy for a Single Family Use dwelling, the developer or owner must demonstrate 

to the City that the final depth of Surface Cover meets or exceeds the CUP Approved 

Depth, 

C. Activities Subiect to Building Permit After Initial Home Construction. 

(1) For all activities after initial home constnjction that require a 

building permit which involve excavations exceeding the CUP Approved Depth, a 

materials management plan will be required as part of the Midvaie City Building Permit 

and Inspection process. The City will oversee implementation of the materials 

management plan. All building permit applicants requiring a materials management plan 

must retain, at their sole cost, a Special Inspector as defined in Paragraph AA of this 

Ordinance. Prior to issuance of a Certificate of Occupancy by the Midvale City Building 

Official, the owner or developer will submit a certification that final depth of Surface 

Cover meets or exceeds the CUP Approved Depth. 

(2) Subject to Section 8.10,100(1), all materials from excavations 

deeper than the demarcation layer (including slag materials) will be segregated to 

prevent mixing with the Surface Cover soils and will be managed, and demarcation 

materials and Surface Covers replaced, in accordance with Section 8.10,100. 

D. Activities Not Subiect to Building Permits After Initial Home Constmction 

(1) In Single Family Use areas where the CUP Approved Depth is equal to or 

greater than four feet it is not expected that individual homeowners will engage in nonpennltted excavation activities that will exceed the depth of the Surface Cover material. 

However, homeowners will be required to manage materials excavated from beneath 

demarcation layers. Including slag materials, as provided in section 8,10.100, However, 

no additional institutional controls will apply to excavation activities not othen/vise 

subject to building pennits in these areas, 

(2) In residential areas subject to institutional controls where the CUP 

Approved Depth is less than four feet, the following institutional controls will apply to 

certain activities that do not otherwise require a building permit: 

(a) All property owners must submit a landscape and, if applicable, 

grading plan to the POA prior to beginning any landscaping or grading activities. The 

POA shall ensure that the CUP Approved Depth is maintained and preserved through 

the landscaping process. 

13 
(b) All grading activities which result in a final area with less than the 

CUP Approved Depth are prohibited. Importation of clean fill will be required to achieve 

desired landscaping elevations. 

8.10.140 Bingham Junction North Zone B and Jordan Bluffs East 

This Section applies only to the Bingham Junction North Zone B and Jordan 

Bluffs East property unless othen/vise specifically provided. The Bingham Junction 

North Zone B and Jordan Bluffs East properties include a native surface layer that may 

contain some contaminants above EPA Action Levels for Single Family Use, overiain by 

varying thicknesses of Surface Cover. Unlike the Bingham Junction South property, 

there is no readily-identifiable demarcation layer between the Surface Cover and the 

native soil surface. Limited amounts of slag may also be encountered within the 

Bingham Junction North Zone B property, 

8.10.150 Bingham Junction North Zone B, Jordan Bluffs East, Riparian Zone 

and Rights-of-Way Areas - Materials Management 

A, Off-Site Disposal, All excess excavated soils in excess of five cubic yards, 

not otherwise relocated within the Bingham Junction North property, that the landowner 

or developer elects to haul off-Site for disposal, must be disposed of in a RCRA 

Subtitle D landfill unless the excavated soils are demonstrated to satisfy applicable EPA 

Action Levels. Wastes must be characterized in accordance with the requirements of 

the permitted disposal facility and disposed of in accordance with applicable federal and 

state hazardous and solid waste laws. Excavated soils of five cubic yards or less 

require no additional precautions. 

B, Slag Materials. Slag visible at the surface either prior to or after site 

grading will be excavated and handled by one of the following methods: (i) placed 

under roadways constmcted in City rights-of-way, in paricing lots, or in similar areas; (ii) 

covered with a minimum of 2-feet of Surface Cover, or (iii) disposed in a RCRA Subtitle 

D landfill. 

C, Procedures for Testing Materials, Excess excavated materials, soils, slag, 

and other materials shall not be subject to this materials management provision if the 

results of voluntary testing of a representative sample of such materials are at or below 

the applicable EPA Action Levels, 

D, Notice to Contractors. Contractors perfonning earthwork within the 

Bingham Junction North property will be infonned of the presence of contamination and 

infonned of applicable EPA documents. Contractors will be required to comply with 

applicable environmental laws and regulations, including OSHA. 

8.10.160 Bingham Junction North Zone B and Jordan Bluffs East - Single 

Family Use Development 

14 
A, Scope. The following controls have been developed to pemnlt Single 

Family Use development on the Bingham Junction North Zone B and Jordan Bluffs East 

property in areas where EPA has determined that the original native soil layer may 

contain contaminants at levels exceeding EPA Action Levels, These areas are depicted 

in the document included here as Figure E, In such areas, a Surface Cover of at least 

24 inches must be In place for Single Family Use and the following Institutional Controls 

will apply. Additional Surface Cover may also be installed, or unrestricted future use 

may be achieved by performing a sampling a removal process similar to that approved 

by EPA and UDEQ previously in Bingham Junction North. Any plan to achieve 

unrestricted future use must be approved and overseen by UDEQ and EPA. 

B. New Single Family Use Developments. As part of the City's Small Area 

Master Plan process, developments including Single Family Use will be subject to the 

following additional requirements: 

(1) CUP Approved Depth, At the time that the CUP for the Small Scale 

Master Plan is granted, the City will identify the depth of Surface Cover for the specific 

development ("CUP Approved Depth"), The CUP Approved Depth will be a uniform 

depth of Surface Cover equal to the most shallow Surface Cover area located within the 

relevant development area. Grading plans will indicate the depth of Surface Cover on 

residential and recreational lots, 

(2) CC&Rs, Conditions, Covenants and Restrictions to be filed with 

the Subdivision Plat which include the creation of a Property Owners Association and 

non-building permit excavation and grading restrictions (applicable to periods after initial 

home construction) as identified in section 8,10,150 and subsection 4 ofthis section. 

(3) New Home Construction. The following additional Institutional 

Controls will apply to all Single Family Use constmction in areas of the Bingham 

Junction North Zone B and Jordan Bluffs East property where EPA has determined that 

the native soils may contain contaminants exceeding applicable EPA cleanup levels: 

(a) Special Inspector, All building permit applicants for 

construction of a Single Family Use residential unit must retain, at their sole cost, a 

special inspector as defined in Paragraph AA of this Ordinance. Prior to issuance of a 

Certificate of Occupancy by the Midvale City Building Official, the Special Inspector will 

submit a certification that final Surface Cover depth meets or exceeds the CUP 

Approved Depth. 

(b) Materials Management All materials from excavations 

deeper than the CUP Approved Depth ("Restricted Materials") shall be subject to a 

Materials Management Plan, All materials will be segregated to prevent mixing with the 

Surface Cover; except that any excavated materials that the special inspector certifies 

do not contain contaminants at levels above EPA Action Levels will not be considered 

"Restricted Materials," All Restricted Materials will be (1) placed back in the excavation 

(where feasible) at or below the applicable depth, compacted as appropriate, and the 

Surface Cover replaced at an elevation not less than the original CUP Approved Depth; 

15 
(ii) relocated to areas within the Bingham Junction North Property intended for uses 

other than residential; or (iii) disposed of in a RCRA Subtitle D landfill, 

(4) Excavation Activities Reguiring Building Pennit After Initial Home 

Constmction, For all activities after initial home constmction that require a building 

permit and involve excavations below the CUP Approved Depth, a materials 

management plan and a Special Inspector will be required as part ofthe Midvale City 

Building Permit and Inspection process. The Special Inspector will oversee 

implementation of the materials management plan. 

(a) Special Inspector. All building permit applicants for 

construction work within residential areas will be required to retain, at their sole cost, a 

special inspector as defined in Paragraph AA of this Ordinance, The special inspector 

will certify to the City that the applicable Institutional Controls set forth in this Code (as 

then applicable to such property and activity) have been followed in connection with 

such construction activities, 

(b) Materials Management. All materials from excavations 

deeper than the CUP Approved Depth ("Restricted Materials") will be segregated to 

prevent mixirtg with the Surface Cover; except that any excavated materials that the 

special inspector certifies do not contain contaminants at levels above EPA Action 

Levels will not be considered "Restricted Materials," All Restricted Materials will be (i) 

placed back in the excavation (where feasible) at or below the applicable depth, 

compacted as appropriate, and the Surface Cover replaced at an elevation not less than 

the original CUP Approved Depth; (ii) relocated to areas within the Bingham Junction 

North Property intended for uses other than residential; or (iii) disposed of in a RCRA 

Subtitle D landfill. 

(5) Activities Not Subiect to Building Pennit Reguirement. 

(a) In Single Family Use areas subject to this section, where the 

CUP Approved Depth is equal to or greater than four feet no additional institutional 

controls will apply with respect to excavations not otherwise subject to building permits, 

(b) In Single Family Use areas subject to this section, where the 

CUP Approved Depth is less than four feet, the following additional controls will apply to 

excavations exceeding the CUP Approved Depth where no building permit is otherwise 

required: 

(i) All property owners must submit a landscape and, if 

applicable, grading plan to the POA prior to beginning any landscaping or grading 

activities. The POA shall ensure that the CUP Approved Depth is maintained and 

preserved through the landscaping process, 

(ii) All grading activities which result in a final area with 

less than the CUP Approved Depth are prohibited. Importation of Surface Cover will be 

required to achieve desired landscaping elevations. 

16 
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