In adopting these regulations, the City Council finds:
A. Federal and state law allows for disposal and remediation of certain contaminated substances by aeration and bioremediation.
B. All homes, schools, churches and businesses in the City of Columbus obtain drinking water from on-site fresh water wells.
C. Two of the watersheds covering the City are on the upstream side of the metropolitan fresh water supply. Surface waters and groundwaters from these two watersheds flow to the Mississippi River at points above the intakes for metropolitan fresh water supply systems.
D. Prohibiting bioremediation in the City will not prevent petroleum contaminated soils from being treated through bioremediation in other less environmentally sensitive areas of the state. Additionally, thermal remediation of petroleum contaminated soils is readily available at a number of metropolitan facilities.
E. Soils, extensive wetlands, unique wildlife areas, water tables, ground water systems, surface water drainage patterns, and proximity of fresh water wells to proposed aeration and bioremediation sites make most of the City of Columbus unsuitable for aeration and bioremediation techniques.
F. Although the legislature has made seemingly favorable findings regarding bioremediation of petroleum contaminated soils, no evidence has been provided to the City that refutes the possibility of residual or long-term effects from bioremediation in environmentally sensitive areas such as the City of Columbus. No evidence has been provided to the City that refutes the possibility of residual or long-term effects from bioremediation in the property being utilized for bioremediation or in adjacent lands.
G. Until the City receives compelling evidence derived from competent, long-range scientific studies that such techniques will have no adverse impacts on the city’s lands and waters, aeration and bioremediation of petroleum contaminated soils should be prohibited in the city.
[§ 14-901 amended by Ord. No. 07-02, effective March 1, 2007.]