For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABOVE GROUND STORAGE TANK. Any non-portable container, excluding all pipes connected thereto, which is used to store an accumulation of toxic or hazardous substances and in which more than 90% of the volume of the storage container is at or above the final ground elevation.
AGRICULTURAL. Of or pertaining to real property used principally for the production of food chain crops and livestock on a farm. The term AGRICULTURAL does not include the sale or distribution of toxic or hazardous substances.
ANIMAL. All mammals, birds, reptiles, amphibians, fish, crustaceans and mollusks.
AQUATIC LIFE. Those plants and macroinvertebrates that are dependent upon an aquatic environment.
BOARD OF HEALTH. The County Board of Health.
CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
COMMERCIAL OR INDUSTRIAL. Of or pertaining to real property used principally for purposes of retail or wholesale business, commerce, trade, manufacture or production or to serve and facilitate the operation of retail or wholesale business, commerce, trade, manufacture or production.
COMMISSIONERS. The Board of Commissioners of the County of Elkhart, Indiana.
COMMUNITY WATER SYSTEM or CWS. A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
CONTAIN.
To take such immediate action as necessary to dam, block, restrain or otherwise act to most effectively prevent a spill from entering waters of the state or soils or minimize damage to the waters of the state or soils from a spill.
CLASS V INJECTION WELL. A type of injection well, as defined in 40 C.F.R. § 146.3, which typically has a depth greater than its largest surface dimension, emplaces fluids into the subsurface, and does not meet the definitions of Class I through IV wells as defined under 40 C.F.R. § 146.5. While the term includes the specific examples described in 40 C.F.R. § 144.81, septic systems that serve more than one single-family dwelling or provide service for non-domestic waste, dug wells, bored wells, improved sinkholes, french drains, infiltration sumps and infiltration galleries, it does not include surface impoundments, trenches or ditches that are wider than they are deep.
COUNTY. The County of Elkhart in the State of Indiana.
DAMAGE. The actual or imminent alteration of the waters of the state or soils so as to render the waters or soils harmful, detrimental or injurious to:
(1) Public health, safety or welfare;
(2) Domestic, commercial, industrial, agricultural or recreational uses; or
(3) Animals or aquatic life.
FACILITY. All contiguous land and related structures, appurtenances and improvements on land with the same operator. A FACILITY may consist of multiple operations including retail or wholesale business, commerce, trade, manufacturing, production, treatment, storage or disposal units, landfills, surface impoundments or combinations of them. For these purposes, contiguous land shall include land separated by a public right-of-way so long as the land would otherwise be contiguous.
HEALTH DEPARTMENT. The Environmental Health Division of the County Health Department.
INSIDE. Within a structure totally enclosed on all sides and with a ceiling or roof and a floor of an impervious surface.
OBJECTIONABLE SUBSTANCE. Substances that are of a quantity and a type, and present for a duration and at a location so as to potentially render waters of the state within the county harmful, detrimental or injurious to public health, safety and welfare.
OPERATOR. The person responsible for the overall operation of a facility.
ORDINANCE. The County Ground Water Protection Ordinance, as codified in this Chapter 51.
OUTSIDE. Any location that is not inside.
OWNER. The person who owns a facility or part of a facility.
PERSON. Includes individuals, firms, corporations, associations, partnerships, consortiums, joint ventures, limited liability companies and any other legal entity. A corporation and its subsidiaries shall be considered one PERSON.
PROCESS TANK. A vessel or other container used for the mixing or batching of chemicals, feeds, waste water or other components, or for the preparation of one or more components, leading to the production of a desired product. The term includes all attached piping and other fixtures necessary for the intended operation of the vessel or container.
PROCESS WASTE WATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.
PUBLIC WELLHEAD PROTECTION AREA. The surface and subsurface area delineated by fixed radius, hydrogeological mapping, analytical, semianalytical or numerical flow/solute transport methods which contributes water to a community water supply system production well or wellfield and through which contaminants are likely to move and reach the well in a specified period or as further defined in 327 I.A.C. 8-4.1, as amended.
RCRA. The Resource Conservation and Recovery Act of 1976, as amended.
REPORTABLE QUANTITY. The amount of a hazardous substance or extremely hazardous substance that is required to be reported under federal law under 42 U.S.C. §§ 9603(a) and (b) and 42 U.S.C. §§ 9603(a) et seq. (40 C.F.R. § 302.4 or 40 C.F.R. part 355 Appendix A).
RESIDENTIAL. Of or pertaining to real property used principally for a residence.
SECONDARY CONTAINMENT. A containment system that is designed and operated in accordance with the rules and regulations for such adopted under this chapter.
SPILL.
(1) Any unintentional or intentional discharging, leaking, pumping, pouring, emitting, emptying, releasing, injecting, escaping, leaching, dumping or disposing of a toxic or hazardous substance, or objectionable substances into or upon the soil, surface water or ground water of the county.
(2) The term
SPILL, as used and applied in this chapter, does not include the following:
(a) Proper disposal, in accordance with all legal requirements and in accordance with the requirements of RCRA and the regulations thereunder, of hazardous wastes in a facility that has received and maintained all necessary legal approvals for that purpose;
(b) Proper disposal, in accordance with all legal requirements, of any substance, as provided by 329 I.A.C. et seq. of the Indiana Administrative Code, as amended, in a solid waste disposal facility that has received and maintained all necessary legal approvals for that purpose;
(c) Proper disposal of any substance in compliance with the terms and provisions of a valid municipal, state or federal permit;
(d) Proper disposal, in accordance with all legal requirements, of any substance to a sanitary sewer system that has received and maintained all necessary legal approvals for that purpose;
(e) Proper application of fertilizers and pesticides in accordance with label requirements and in accordance with the guidelines of the Indiana State Chemist’s Office;
(f) Proper application of road salts, deicing or dust control materials for the purposes of snow, ice or dust control;
(g) Proper disposal, in accordance with all legal requirements, of sanitary sewage to subsurface sewage disposal systems as defined and permitted by 410 I.A.C. 6-8.3 and by 410 I.A.C. 6-10.1, as amended;
(h) Proper application of animal manure, compost, animal bedding or animal byproducts using accepted agricultural practices;
(i) Releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil or waters of the state; or
(j) Releases of less than one pound or one pint.
SPILL RESPONSE. For purposes of this chapter, means the following:
(1) The spill is contained;
(2) Free material is removed or neutralized; and
(3) Actions taken to minimize further contamination to soils and waters of the state within the county.
SPILL REPORT. A written report that includes the following information about a spill to the extent that the information is known at the time of the report:
(1) The name, address and telephone number of the person submitting the
SPILL REPORT;
(2) The names, address and telephone number of a contact person, if different from division (1) above of this definition;
(3) The location of the spill;
(4) The time of the spill;
(5) The identification of the substance spilled;
(6) The approximate quantity of the substance that has been or may further be spilled;
(7) The duration of the spill;
(8) The source of the spill;
(9) Name and location of any waters damaged;
(10) The identity of any response organization that is or has responded to the spill;
(11) What measures have been or will be undertaken to perform a spill response;
(12) The amount of spilled materials recovered; and
(13) Any other information that may be significant.
STORE or STORAGE. Holding a substance prior to or after its use. The terms shall not include any associated and connected piping.
TOXIC OR HAZARDOUS SUBSTANCE.
(1) Any substance designated pursuant to § 311 of the Clean Water Act; any element, compound, mixture, solution or substance designated pursuant to § 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); any toxic pollutant listed under § 307 of the Clean Water Act; any hazardous air pollutant listed under § 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture with respect to which the EPA Administrator has taken action pursuant to the Toxic Substances Control Act;
(2) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (60°F and 14.7 pounds per square inch absolute); or
(3) Radioactive and infectious substances as defined by any applicable local, state or federal law or regulation.
UNDERGROUND STORAGE TANK. Any one or a combination of containers, excluding all pipes connected thereto, which is used to store an accumulation of toxic or hazardous substances, and the volume of which is 10% or more beneath the surface of the ground.
WATERS. The accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, that are wholly or partially within, flow through or border upon this county. The term does not include any private pond or any off stream pond, reservoir or facility built for reduction or control of pollution or cooling water prior to discharge unless the discharge from the pond, reservoir or facility causes or threatens to cause water pollution.
(Prior Code, § 13-18-17-1) (Ord. passed 5-1-1989, 89 COM REC 436–451; Ord. passed 4-4-1994, 94 COM REC 314–331; Ord. 99-250, passed 5-1-1999, 99 COM REC 250–275; Ord. 03-668, passed 5-1-2004, 03 COM REC 667–687; Ord. 09-172, passed 4-20-2009; Ord. 2014-171, passed 4-21-2014)