1164.05 BEST MANAGEMENT PRACTICES AND EXEMPTIONS.
   (a)   To the maximum extent practical, owners and operators within the “WP” Wellhead Operation/Protection District shall implement best management practices (BMP) to reduce risk of release and pollution of the environment. BMP’s ally to the use, storage and production of regulated substances listed in this section. BMP’s are defined as “schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the risk of a release”.
      (1)   BMP’s include, but are not limited to, the following: treatment techniques, operating procedures, and practices to control run-off, spills and leaks.
      (2)   Spill control measures shall include, but are not limited to, the following: A.   Secondary and tertiary containment systems, including the use of containment during chemical storage, transfer and use. The containment system shall be designed to capture 110% of a release from a primary containment unit.
         B.   Adopting standardized spill response protocols and providing training to employees to help insure response protocols are enacted if a spill or release occurs.
         C.   Drums and other types of containers holding regulated substances and wastes of such substances as defined in this section shall be stored with secondary containment.
   (b)   Existing containment systems and procedures shall not be removed, nor shall their ability to contain spills be compromised, so long as regulated substances are stored, transferred or used within the containment areas. Containment systems shall be maintained in good working order. Improvements and/or addition to containment systems may be performed so long as the ability to contain a spill is not compromised. Temporary approved containment systems may be required during maintenance and/or improvements activities.
   (c)   The following types of products and volumes are exempt from BMP requirements with the “WP” Wellhead Operation/Protection District.
      (1)   Up to 110 gallons or 800 pounds, in the aggregate of regulated substances used for routine maintenance.
      (2)   Medical and laboratory research substances used in containers not larger than 5 gallons or 40 pounds in size.
      (3)   Cleaning agents packaged for personal or household use.
      (4)   Construction materials stored at or being transported to a permitted construction site which do not pose real or present danger of causing contamination.
      (5)   Office supplies packaged for personal or household use.
      (6)   Refrigerants contained in on-site cooling equipment or contained in household appliances, including refrigeration repair service storage vessels.
      (7)   The thorough transport of a regulated substance, so long as the transporting vehicle is not stopped with the “WP” Wellhead Operation/Protection District for longer than 72 hours.
      (8)   Properly maintained liquid filled equipment.
      (9)   Motor vehicle fuels and other liquids that are stored on and are an integral part of an operable motor vehicle or boat and used specifically and solely for the operation of the vehicle in which the substances are contained. This does not include the tanker portion of a tractor-trailer or similarly purposed vehicle.
      (10)   Heating oil for residential uses stored in tanks with a total capacity of not more than 275 gallons per residential lot.
   (d)   Substances to be regulated, hereinafter referred to as regulated substances, are chemicals and mixtures of chemicals which are health hazards. Regulated substances include:
      (1)   Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system and agents which damage the lungs, skin, eyes or mucous membranes.
      (2)   Mixtures of chemicals, which have been tested as a whole and have been determined to be a health hazard.
      (3)   Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one percent (1%) or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth percent (0.1%) or greater of the composition on a weight per unit weight basis.
      (4)   Ingredients of mixtures prepared within the “WP” Wellhead Operation/Protection District in cases where such ingredients are health hazards but comprise less than one-tenth (0.1%) of the mixture (on a weight per unit weight basis) if carcinogenic or less than one percent (1%) of the mixture (on a weight per unit weight basis) if non-carcinogenic.
      (5)   Petroleum and non-solid petroleum derivatives (except no-PCB dielectric fluids).
   (e)   New underground storage tanks (USTs) shall be prohibited within the “ WP” Wellhead Operation/Protection District. Existing USTs are permitted so long as their construction, leak detection and maintenance programs meet all local and state UST rules and regulations.
   (f)   Wastewater Disposal. All uses within this district shall be connected to the public wastewater disposal system or have a wastewater disposal system approved by the Village.
(Ord. 2011-02. Passed 3-1-11.)