(a) Purpose. The purpose of the source water protection standards is to safeguard the public health, safety and welfare of the persons and property in the Village of Centerburg by protecting the ground water that serves as the Village's source of drinking water. The source water protection standards are intended to provide for the protection of the water supply into the future, maintain the natural aquifer recharging ability, reduce the potential for contamination of the water supply, and heighten awareness of the need to protect the Village's water supply. The regulations of this section are for the purpose of protecting the Village's potable water supply from contamination from existing and future potential pollution sources through the regulation of the use of those substances which could pose a threat to the Village's existing and future wellheads and the surrounding aquifer.
(b) Determination of Applicability.
(1) This section applies to any use, structure, storage, activity or operation by a facility within a 300-foot radius of the Village's wells, which are maintained by the Village as a drinking water source. Any use, change in use or occupancy, construction, grading, structural relocation, alteration, addition or demolition shall be in conformance with the provisions of this code. Property owners, facility operators, and occupants shall comply with all applicable Federal, state and local regulations in addition to this code. Where other applicable regulations are in conflict with this section, the more restrictive provision shall apply.
(2) It shall be the responsibility of any person owning real property or owning or operating a business within the Village of Centerburg to make a determination of the applicability of this section as it pertains to the property or business or operation, and failure to do so shall not excuse any violations of this section.
(c) Basis for Establishing the Source Water Protection Standards. The basis for establishing the source water protection standards was the guidance received from the Ohio Environmental Protection Agency, including but not limited to the February 2003 Drinking Water Source Assessment for the Village of Centerburg on file at the Village office with the Village Clerk.
(d) Applicability Across Lot Lines. Where the applicability of the source water protection standards bisects a parcel of land, only the portion of the parcel within the 300-foot radius from the well shall be considered as being subject to these standards unless the Zoning Administrator or Planning Commission makes the determination that the property needs to be monitored for potential adverse impacts on the source waters that this chapter is intended to protect. Factors that shall be taken into consideration when such determinations are made include, but are not limited to, the amount of area within and outside of the radius, the size and shape of the parcel, access to the parcel, the degree to which the parcel may be subdivided, environmental features of the parcel, the proposed use of the parcel, and the ability to develop the parcel using that portion outside of the radius.
(e) Allowed Uses. Except as otherwise prohibited by this section, permitted uses and conditional uses shall be those of the applicable zoning district. The development standards of the applicable zoning district shall apply to sites within the 300-foot radius. Where a conflict exists between the standards of the applicable zoning district and this section, the standards of this section shall apply.
(f) Special Uses, Prohibited Uses, and Nonconforming Uses. The special uses within the 300-foot radius shall be those of the applicable zoning districts subject to any more restrictive regulations of this section.
(1) Sanitary landfills, drywells and the filling in of land with demolition debris or other non-approved matter, and junkyards, are prohibited.
(2) Commercial or other facilities for the washing of vehicles or equipment shall be permitted only if the wastewater from such facilities is entirely channeled into the sanitary sewer system.
(3) Wastewater treatment plant discharges are permitted when subject to discharge limitations prescribed by the appropriate state and national regulatory agencies.
(4) If a nonconforming use of any land, building or structure is discontinued for six (6) months or more, any further use shall be in conformity with the 300-foot radius.
(g) Groundwater Protection Standards.
(1) Use, storage, handling and/or production of regulated or hazardous substances in conjunction with permitted and conditional uses in this district shall be limited as to each use, to:
A. The aggregate of regulated or hazardous substances in use, storage, handling and/or production may not exceed twenty (20) gallons or 160 pounds at any time.
B. The total use, storage, handling and/or production of regulated or hazardous substances may not exceed fifty (50) gallons or 400 pounds in any twelve (12)-month period.
(2) Storage of fuel and lubricants is prohibited except for regulated substances that are an integral component of and stored on individual vehicles or equipment that are used specifically and solely for the operation of the equipment in which the substances are contained.
(3) No substitutions of a non-conforming use shall be permitted which results in an increase of the Hazardous Potential Ranking System on a parcel within this district. If the Hazardous Potential Ranking decreases for a non-conforming use for a period of twelve months or more, the non-conforming right to the higher Hazardous Potential Ranking shall be deemed to have been lost through non-use for that period of time.
(4) Heating fuels for residential use in tanks having a capacity of 500 gallons or less are exempt from this code.
(h) Hazard Potential Ranking System For Nonconforming Uses.
(1) Any existing uses legally storing, handling using and/or producing regulated or hazardous substances in amounts equal to or less than the requirements under Section 1111.09(g) are considered conforming uses and this section does not apply. Any new use or change of uses shall maintain the conforming status of the property.
(2) Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated or hazardous substance, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of this code.
(3) In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors. This ranking, published and updated regularly by the USEPA, is hereby incorporated by reference.
(i) Regulated Materials Activity Inventory.
(1) Except as provided in Section 1111.09(g)(2) through 1111.09(g)(4), any owner or occupant of any land in the 300-foot radius established in this section at the effective date of the section, shall file a Regulated Substance Activity Inventory Report with the Zoning Administrator. Said report shall be filed within 180 days of the effective date of this section and at twelve (12)-month intervals thereafter.
(2) Except as provided in Section 1111.09(f)(2) through 1111.09(f)(4), any new owner or occupant of any land in the 300-foot radius established in this section shall file a Regulated Substance Activity Report prior to receipt of a certificate of occupancy and at twelve (12)-month intervals following the date of occupancy. For purposes of this section, new shall be defined as subsequent to the effective date of this section.
(3) Where a person owns, operates or occupies more than one location, Regulated Substances Activity Reports shall be made for each location.
(4) Agricultural uses shall file a Regulated Substance Activity Report within 180 days after the effective date of this section and at twelve (12)-month intervals thereafter. Regulated Substance Activity Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
(j) Regulated or Hazardous Materials. The materials, chemicals or substances regulated by this chapter, and particularly restricted by Section 1111.09(g), are listed and published under the authority of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Title III of the Superfund Amendments and Reauthorization Act (SARA), and the Emergency Planning and Community Right to Know Act of 1986, which list as are currently in effect and may be revised, are hereby adopted by reference. Said regulated or hazardous materials, include but are not limited to:
(1) Petroleum or petroleum-based liquid products;
(2) Antifreeze, transmission fluids, brake fluids and coolants;
(3) Solvents (raw or spent), alcohols, hydrocarbons, and ketones;
(4) Inks, pigments, printing and photography chemicals;
(5) Paints, primers, thinners, stains, wood preservatives, varnishes, and cleaning compounds;
(6) Industrial and commercial cleaning supplies, drain cleaners, and sanitizers;
(7) Pesticides, herbicides, bactericides, algaecides and fertilizers;
(8) Acids and Bases with pH of two (2) or less or greater than twelve (12);
(9) Aqueous metals; and
(10) The materials, chemicals or substances regulated by this chapter, and particularly restricted by Section 1166.06, are listed and published under the authority of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Title III of the Superfund Amendments and Reauthorization Act (SARA), and the Emergency Planning and Community Right to Know Act of 1986, which list(s) as are currently in effect and may be revised, are hereby adopted by reference.
(Ord. 2023-16. Passed 6-5-23.)