All persons who shall own, lease, or have possession of any property upon which any underground storage tank is located, or who have any interest in such property, or who shall be the agent, employee, or contractor of any such person shall, prior to engaging in the treatment or disposal technique known as land farming:
(A) Comply with the provisions of 40 C.F.R. §§ 262.11 and 262.12;
(B) Satisfy the County Zoning Department that they have so complied by submitting to the County Zoning Department such test results and data as it may require for a determination that the material proposed for land farming is suitable for such treatment technique;
(C) Submit to the County Zoning Department a sworn statement from an approved testing laboratory that the soil proposed for land farming is non-hazardous as defined by the U.S. Environmental Protection Agency (EPA), and that such determination was made by the use of EPA-approved testing procedures, including the TCLP test as that term is used by the EPA;
(D) Submit written acknowledgment from the U.S. Environmental Protection Agency, the State Department of Environment, Health, and Natural Resources, Division of Environmental Management, Ground Water Section, or any appropriate regulatory agencies having jurisdiction that the waste or soil has been determined to be non-hazardous, and that the person shall present all permits and licenses required by any appropriate regulatory agency to conduct the activity prior to any land farming;
(E) In the case of on-site land farming/bioremediation, certify to the County Zoning Department that the soil to be disposed of will not be:
(1) Deposited closer than 250 feet from any regularly flowing stream, creek, or river;
(2) Closer than 500 feet to any source of drinking water; or
(3) Closer than 500 feet to any residence, school, hospital, playground, or recreational park area.
(F) In the case of off-site land farming/bioremediation, certify to the County Zoning Department that the soil to be disposed of will not be:
(1) Deposited closer than 1,000 feet from any regularly flowing stream, creek, or river;
(2) Closer than 1,000 feet to any source of drinking water; or
(3) Closer than 1,000 feet to any residence, school, hospital, playground, or recreational park area.
(G) Submit to the County Zoning Department certificates from the owner of the property upon which the soil is to be deposited that he or she has read this chapter and consents to allow his or her land to be so used; and
(H) Receive from the County Zoning Department written permission to proceed with the proposed land farming.
(1996 Code, § 152.22) (Ord. passed 2-7-1994)