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CHAPTER 919
Storage and Use of PCB and PCB Devices
919.01   Definitions.
919.02   Use or storage of PCB and/or PCB devices prohibited.
919.03   Exemptions.
919.04   Extension of time for compliance.
919.05   Injunctive relief.
919.99   Penalty.
 
919.01 DEFINITIONS.
   For the purpose of this chapter, the following words shall have the following meanings ascribed to them respectively:
   (a)   "PCB" means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances, or mixture which contains chlorinated biphenyl molecules and which contains 50 ppm (parts per million) (on a dry weight basis) of PCBs.
   (b)   "PCB device" means any device which contains three pounds or more of PCB, and includes capacitors and transformers.
   (c)   "Person" means any natural or legally created artificial person including any individual, corporation, partnership, or association.
      (Ord. 1982-17. Passed 3-15-82.)
919.02 USE OR STORAGE OF PCB AND/OR PCB DEVICES PROHIBITED.
   After December 31, 1983, no person shall use or store any PCB or any PCB device within the City.
(Ord. 1982-17. Passed 3-15-82.)
919.03 EXEMPTIONS.
   (a)   The provisions of this chapter shall not apply to the storage or disposal of PCB or PCB devices in any hazardous substance disposal site specifically approved by either the United States Environmental Protection Agency or the Ohio Environmental Protection Agency and which comport to federal and state law.
 
   (b)   A person may petition the Director of Public Safety or his designee for an exemption from the requirements of this chapter and the Director of Public Safety or his designee may grant in writing an exemption, where not precluded by state or federal law, if he finds that:
      (1)   Unreasonable risk of injury to health or environment would not result;
      (2)   Good faith efforts on the part of the petitioner have been made to comply, but strict compliance would render undue hardship upon the petitioner or is not possible or practical; and
      (3)   The best interest of the City would be served by granting the exemption.
 
   (c)   The provisions of this chapter shall not apply to the use of waste samples of PCB, samples of other substances or material containing PCB, or PCB reference samples for and in conducting analytical tests to determine the composition or characteristics of the sample.
 
   (d)   The provisions of this chapter shall not apply to the temporary storage of PCB or PCB devices taken out of service in compliance with this chapter, provided the temporary storage does not exceed ten days from the date that the PCB or PCB device is taken out of service.
(Ord. 1982-17. Passed 3-15-82.)
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