Each Fixed Facility, as defined in this Chapter, must conform to the following performance standards:
A. Construct and maintain a secondary containment system for all Critical Materials. Said secondary containment system shall be designed to prevent infiltration of any Critical Materials into the ground in the event that they are released from their original storage containers.
B. The secondary containment system and methods must be non-reactive and resistant to the materials to be contained, and must isolate the Critical Materials at the Fixed Facility from stormwater, other surface waters on the site, and reactive Critical Materials present in the same Fixed Facility.
C. Secondary containment systems must be sized to contain at least one-hundred and ten percent (110%) of the volume of the largest container, or ten percent (10%) of the aggregate volume of all containers, whichever is greater, in any containment area within a Fixed Facility.
D. The owner or operator of any Fixed Facility shall report the presence of any Critical Materials Use Activities to the Director and all responsible local, state, and federal agencies as required by statutes, rules, regulations, and the provisions of this Chapter.
E. Any spilling, leaking, emitting, discharging, escaping, or leaching of any Critical Materials into the secondary containment system or the environment must be reported to the Director immediately upon discovery of the release.
F. Should there be a conflict between the provisions of this Chapter, and local, state, and federal rules and regulations regarding Critical Materials Use Activities, the provision that provides the greatest degree of protection to the Aquifer shall prevail, except where legal preemption of regulatory authority by state or federal agencies may require application of a different standard of protection.
G. Each Fixed Facility is subject to an inspection at intervals set by the Director to verify continued compliance with this Chapter. (Ord. 3716, 6-6-2023)