The following requirement shall apply under § 51.08.
(A) A secondary containment system for above ground storage of toxic or hazardous substances outside shall be maintained and must be designed and operated as follows:
(1) A base must underlay the storage container(s) that is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed;
(2) The base must be sloped or the secondary containment system must be otherwise designed and operated so as to allow the drainage and removal of liquids resulting from leaks, spills or precipitation;
(3) The secondary containment system must have sufficient capacity to contain 10% of the total volume of the containers or 110% of the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in the determination;
(4) Precipitation run-off into the secondary containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in division (A)(3) above to contain any run-offs which might enter the system;
(5) A secondary containment system must be properly maintained to protect the integrity and capacity of the containment system;
(6) Spilled or leaked materials and accumulated precipitation must be legally removed and disposed of from the sump or collection area in a timely manner as necessary to prevent overflow of the secondary containment system; and
(7) A facility that is in compliance with 327 I.A.C. 2-10-6 shall be considered to be in compliance with the secondary containment construction requirements of division (A) above.
(B) Toxic or hazardous substances may not be located in a manner that would allow a discharge spill onto the ground or into a drain that is connected to an on-site waste water disposal system that drains or empties into the ground.
(C) Outside storage of toxic or hazardous substances is prohibited except in product-tight containers.
(D) Drainage of precipitation from within any area designed to contain a discharge spill of a toxic or hazardous substance shall be controlled in a manner that will prevent any toxic or hazardous substance from entering into or upon the soil, surface water or ground water of the county.
(E) Exemptions.
(1) Agricultural and residential facilities shall be exempt under this section.
(2) Above ground storage tanks, which contain solids or gases at ambient temperature and pressure, shall be exempt under this section.
(3) Integral operating fluids contained within machinery or equipment provided that these fluids are necessary for the proper operation of the equipment shall be exempt under this section.
(4) Process tanks shall be exempt under this section.
(F) Designated temporary storage areas such as may exist in loading areas shall be exempt from divisions (A) and (D) providing they meet the following conditions:
(1) The containers are to be temporarily stored on an impervious surface to the materials within the container;
(2) Storage of containers shall not exceed two business days prior to container placement in another non-temporary storage area;
(3) Documentation must be immediately available to ascertain the exact date of delivery of the containers in order to determine compliance; and
(4) The facility has developed a spill response plan as required by 327 I.A.C. 2-10-8.
(G) A petroleum storage area at a construction site shall be exempt from divisions (A) and (D) above providing it meets all the following conditions:
(1) Only one storage area may exist at a facility;
(2) Only petroleum products may be exempted;
(3) No single container shall exceed 300 gallons;
(4) The total amount of petroleum products does not exceed 660 gallons;
(5) The facility has established a regular (weekly) inspection program with documentation of inspection date and inspector to ensure the storage area is being maintained and spills have not occurred;
(6) The containers are clearly labeled; and
(7) The facility has developed and maintained a spill response plan as outlined by 327 I.A.C. 2-10-8.
(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)