(a) A person may petition Council or its designee for an exemption from the requirements of Sections 731.03(d)(2), (e)(2) and 731.04(a), and Council or its designee may grant in writing an exemption, where not precluded by State or federal law, if it finds that:
(1) Unreasonable risk of injury to health or environment would not result;
(2) Good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk of injury to health or the environment and which may be substituted for such PCB; and
(3) The best interest of the City would be served by granting the exemption.
(b) The provisions of Section 731.04 shall not apply to the use of waste samples of PCB, samples of other substances or material containing PCB or PCB reference samples for or in conducting analytical tests to determine the composition or characteristics of the sample.
(c) The provisions of Section 731.02 shall not apply to the discharge of waste water or waste water derivatives authorized under a valid national pollution discharge elimination system permit, or otherwise authorized to be discharged into a publicly-owned water treatment works.
(d) The provisions of Section 731.03(c) shall not apply to the temporary storage of PCB or PCBs taken out of service, provided;
(1) The temporary storage does not exceed sixty days from the date that the PCB or PCBs are taken out of service;
(2) The PCB or PCBs being temporarily stored were previously placed into use and taken out of service within the corporate limits of the City;
(3) The PCB or PCBs being temporarily stored remain in the possession, custody, control or ownership of the person who used the PCBs;
(4) The previous use of the PCBs being temporarily stored was in conformance with Section 731.04;
(5) The PCB or PCBs being temporarily stored are separately containerized according to the date removed from service; and
(6) The date that the PCB or PCBs are taken out of the service and an indication that the containerized substance or mixture is PCB is clearly and indelibly marked on each respective storage container utilized whether a PCB container, or other container or receptacle. The date so marked shall be prima facie evidence of the date the PCB or PCBs were taken out of service.
(e) Notwithstanding the provisions of subsection (d) hereof the provisions of 731.03(d) and (e) shall not apply to the temporary storage or temporary accumulation of PCB or PCBs taken out of service or temporarily accumulated on or before March 27, 1986 and which storage or accumulation is prior to the movement of the PCB or PCBs off site for disposal at another location outside the corporate limits of the City, provided:
(1) The incidental temporary storage or accumulation does not exceed sixty days from March 27, 1986; and
(2) Effective March 27, 1986 the dates the PCB or PCBs were taken out of service are clearly and indelibly marked on each respective container, whether a PCB container, or other container or receptacle in which the PCB or PCBs are being temporarily stored or temporarily accumulated, together with a clear and indelible indication that the particular containerized substance or mixture is PCB or PCBs. The dates so marked shall be prima facie evidence of the date or dates the PCB or PCBs were taken out of service.
(Ord. 10373. Passed 3-17-86.)