(a) Purpose. The purpose of the following sections is to safeguard the public health, safety and welfare. The intent of these provisions is to provide for the protection and availability of existing and future potable water supply by instituting rational and objective requirements, standards and criteria for the control of toxic or otherwise hazardous substances. These provisions are applicable within specifically defined areas in and around existing and future wells and well fields of the Village of Enon, thereby enhancing the protection of the public potable water supply from contamination.
(b) Scope.
(1) The provisions of the following enforcement sections shall be effective within the corporate limits of the Village of Enon and/or boundaries of Mad River Township except as otherwise provided. This chapter provides for pollution control pertaining to the Village's public water supply as permitted by the Ohio Revised Code Section 3750.11 (G).
(2) Nothing contained in the following enforcement sections shall be construed so as to interfere with any existing or future lawful requirements that may be, or were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this chapter.
(c) Administration. Except as otherwise provided herein, the Administrator for the Village of Enon, or his/her designee, hereinafter referred to as the Administrative Officer, shall administer, implement, and enforce the following sections.
(d) Notice of Violation.
(1) Any person found in violation of any provisions of this chapter or any order, requirement, rule or regulation issued under the authority of such sections will be served with a written notice stating the nature of the violation and providing reasonable time for compliance; provided however, written notice of violation may be dispensed with under the conditions described in "SPILLS, LEAKS OR DISCHARGES" and provided further, that if the Administrative Officer has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the Administrative Officer may dispense with establishing another time period for compliance as permitted by the Ohio Revised Code Section 3750.11(G).
(2) The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the County tax record.
(e) Inspections. Subject to applicable provisions of law, the Administrative Officer or authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this chapter to ensure that activities are in accordance with the provisions of this ordinance. Upon request of the entity which is the subject of the inspection, and if permitted by the State Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Administrative Officer for the above stated purposes, the Administrative Officer may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.
(f) Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, property, or equipment which is a part of or used in conjunction with water facilities of the Village of Enon and/or any other protected public water supply, or which results in the violation of any section of this chapter.
(g) Severability. A finding by any court or other jurisdiction that any part or provision of this chapter is invalid shall not affect the validity of any other part or provision of this chapter which can be given effect without the invalid parts or provisions.
(h) Subject Area. The area subject to the provisions of this chapter is the Wellhead Operation (WO) Area and the Well Field Protection Overlay (WP) District as shown on the official Zoning Maps of the Village of Enon, Mad River Township, and Clark County Planning.
(i) Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Village of Enon Well Field Protection Overlay (WP) District to make a determination of the applicability of this chapter as they pertain to the property and/or business, and failure to do so shall not excuse any violation of said chapter.
(Ord. 13-04. Passed 7-23-13.)