(a)   Statement of Intent:  It is the intent of the Well Field Protection Overlay District to safeguard the health, safety and welfare of the customers of protected public water supplies and to protect the community’s potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined below. The land within this Overlay District is that land in the City of Eaton that lies within a one (1) year travel time contour adjacent to existing and proposed public wells of a protected public water supply.
   (b)   Determination of Applicability:
      (1)   Within the Well Field Protection Overlay District, as shown on the Map attached at the end of this Chapter, the provisions of this chapter shall apply to:
         A.   New construction;
         B.   Building expansions and/or additions;
         C.   Alteration in use, storage, handling or processing of regulated substances; and
         D.   Conversion or use changes resulting in a new use involving the storage, handling, or processing of regulated substances.
      (2)   It is the responsibility of any person owning real property and/or operating a business within the City to make a determination of the applicability of this Section.
   (c)   Permitted and Conditional Uses: The requirements of this paragraph shall be in addition to any applicable regulations found elsewhere within this UDO.
      (1)   Permitted uses within the WFP Overlay District shall be those of the underlying zoning district, except as those uses may be otherwise restricted by this section.
      (2)   Conditional uses within the WFP Overlay District shall be those of the underlying zoning district, except as those uses may be otherwise restricted by this Section.
   (d)   Prohibited Uses: Sanitary landfills; dry well; self storage facilities; excavation, extraction, mining or processing of sand, gravel, clay, shale, dolomite and limestone; landfills comprised of demolition debris or other non-approved matter; and junkyards are prohibited in the WFP Overlay District.
   (e)   Design Requirements:  The following design requirements shall apply to all new and expanded uses in the WFP Overlay District:
      (1)   Underground storage tank (UST) system installation, use, operation closure and record keeping shall be in accordance with requirements for UST’s located in sensitive areas as set forth in Bureau of Underground Storage Tank Regulations, OAC 1301:7-9-10.
      (2)   Dry wells or floor drains to dry wells are not permitted in the WFP Overlay District.
      (3)   Secondary containment for above ground areas where regulated substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released material.
      (4)   General purpose floor drains located in building areas where regulated substances may be used, stored or generated shall only be allowed upon pre-approval by the City for connection to a public sewer system or an onsite closed holding tank.
      (5)   Building floor drains are prohibited in any areas of a structure where regulated substances or wastes are present including but not limited to storage, process, assembly or service areas.
      (6)   Local, state and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous and/or regulated substances shall be met.  No discharges to groundwater, including direct or indirect discharges, shall be allowed without required permits and approvals.
      (7)   Connection to public sanitary sewers, if reasonably available, is required.  A connection shall be considered reasonably available if a sanitary sewer lies within an easement that abuts the property.
      (8)   All parking, driveway and loading areas shall be paved and designed to prevent storm runoff onto adjacent lands.
   (f)   Plan Review: No new or expanded use shall be permitted within the WFP Overlay District without a site plan being submitted to the City Engineer and approved by the Planning Board.  The application for any new or expanded use, other than residential or agricultural, shall include the following:
      (1)   A general description of the proposed use identifying the products produced, the materials used in the production process and the types of wastes generated along with the wastes handling and disposal methods for solid and hazardous wastes and sewage and non-sewage waste water discharges;
      (2)   A site and building plan showing all regulated substance loading, storage, handling and process areas that identifies floor drains, process vents, sewage disposal and waste storage or disposal areas;
      (3)   A complete list of the types and volumes of all regulated substances and/or hazardous materials and fuels used, stored, processed, handled, or disposed of as required to be supplied to the Preble County Emergency Management Agency;
      (4)   A storm water management plan for the site to assure that water infiltrating into the aquifer is not contaminated; and
      (5)   The applicant shall pay a non-refundable fee, as outlined in Section 1105.09, to reimburse the City for the costs of reviewing the application.
   (g)   Regulated Substance Management Plan:
      (1)   The operator of any new or expanded commercial or industrial facility involving the use, handling storage, processing or storage of regulated substances or waste shall prepare a Regulated Substances Management Plan for review by the City Engineer and the City of Eaton.  The plan must demonstrate that Best Management Practices shall be used by the applicant to minimize any potential threat to groundwater quality. The plan will also be submitted to the Preble County Local Emergency Planning Committee for review and comment and shall contain the following information:
         A.   A facility layout and description;
         B.   Procedures for safe handling;
         C.   A description of disposal methods for process wastes; and
         D.   Procedures to be employed to prevent leaks and spills of hazardous or regulated substances.
      (2)   The Regulated Substance Management Plan must include an Emergency Spill Plan that covers the following:
         A.   Emergency procedures;
         B.   Notification of officials;
         C.   Spill containment procedures;
         D.   Cleanup;
         E.   Disposal; and
         F.   Reporting.
      (3)   The Management Plan and Emergency Spill Plan must be reviewed by the City of Eaton every five (5) years from date of approval and whenever there is a change in procedures, technology or materials used, stored, processed or waste generated.
         (Ord. 05-15.  Passed 11-7-05.)