(a) Regulated Substance Activity Inventory.
(1) Applicability.
A. Applicability to Existing Owner/Occupants. Except as provided in the Exclusions Section, any owner or occupant of any land in the Well Field Protection Overlay (WP) District at the effective date of this Section, shall file a Regulated Substance Activity Inventory Report with the Administrative Officer. Said Report shall be filed within one hundred and eighty (180) days of the effective date of this Section and follow up reports shall be filed by March 1 of each year thereafter.
B. Applicability to New Owner/Occupants. Except as provided in the Exclusions Section, any new owner or occupant of any land in the Well Field Protection Overlay (WP) District shall file a Regulated Substance Activity Inventory Report prior to receipt of a zoning permit or a certificate and on March 1 of each year thereafter following the date of occupancy. For purposes of this Section, "new" shall be defined as subsequent to the effective date of this Section.
C. Applicability for Multiple Sites. Where a person owns, operates or occupies more than one location, Regulated Substance Activity Inventory Reports shall be made for each location.
D. Agricultural Uses. Agricultural uses shall file a Regulated Substance Activity Inventory Report within one hundred eighty ( 180) days of the effective date of this Section and follow-up reports shall be filed by March 1 of each year thereafter. Regulated Substance Inventory Activity Reports for agricultural uses shall include total annual on-site application of Regulated Substances for the subject property located within the Wellhead Operation (WO) Area and/or the Well Field Protection Overlay (WP) District.
(2) Exclusions to Activity Inventory Reporting.
A. General. Any exclusion set forth in this subsection shall apply provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well fields; and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of the "SPILLS, LEAKS OR DISCHARGES" Section. Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity involved. All reporting exclusions shall be limited to the uses previously described in the "GROUNDWATER PROTECTION STANDARDS" Section.
(b) Spills, Leaks or Discharges.
(1) Notification Required. Any person with direct knowledge of a spill, leak or discharge of a Regulated Substance within the Well Field Protection Overlay (WP) District, if such spill, leak or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, shall call the proper authorities (911).
(2) Application of Agricultural Chemicals. The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc. used in routine agricultural operations, including plant nutrients and crop protection materials, applied under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States EPA or the Ohio Department of Agriculture, shall not be considered a spill, leak, or discharge subject to the reporting provisions of this Section.
(3) Liability and Required Documentation. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the Village of Enon in response to such an incident, in addition to the amount of any fines imposed on account thereof under State and Federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than one hundred eighty (180) days after the incident.
(c) Underground Storage Tanks.
(1) Definition: An underground storage tank is one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of Regulated Substances and the volume of which (including the volume of underground pipes connected thereto) is ten (10) percent or more beneath the surface of the ground. See "GLOSSARY OF TERMS" Section.
(2) Underground Storage Tanks Declared to Constitute Dangerous Nuisances.
A. With the exception of the residential use of home heating fuel in tanks having a capacity equal to or less than five hundred (500) gallons, and underground storage systems for accessory vehicle fuel, vehicle lubricants, fuel for building heating and fuel for process heating; any storage of Regulated Substances in underground storage tanks within the Well Field Protection Overlay (WP) District shall be deemed to constitute a dangerous nuisance. Every such nuisance must and shall be abated no later than five (5) years from the effective date of this chapter.
B. With the exception of residential use of home heating fuel in tanks having a capacity equal to or less than five hundred (500) gallons; any underground storage tank systems for accessory vehicle fuel and lubricants and fuel for building and/or process heating within the Well Field Protection Overlay (WP) District not removed within five (5) years from the effective date of this chapter must be secondarily contained and monitored in accordance with the Ohio Revised Code.
(d) Falsifying Information. No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this chapter.
(e) Retention of Records by User. Any reports or records compiled or submitted pursuant to this section shall be maintained by the user for a minimum of five (5) years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.
(Ord. 13-04. Passed 7-23-13.)