(a) Application. If any activity or use of Regulated Substance is deemed by the Administrative Officer to pose a real and present danger of contaminating surface and/or groundwater which could potentially enter the Village of Enon public water supply, the Administrative Officer, in accordance with Section [303.24] [519.24][713.13] of the Ohio.Revised Code, is authorized to:
(1) Cause cessation of said activity or use of the Regulated Substance;
(2) Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or
(3) Cause the provision of pollution control and/or abatement activities.
(b) Considerations. When considering the exercise of any of the above authorities or actions, the Administrative Officer shall consult with the appropriate administrative official of the Village of Enon public water supply. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonably and adequately protected from contamination for the present and the future. The Administrative Officer may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.
(c) Exemption of Certain Regulated Substances. The Village of Enon Board of Zoning Appeals is authorized to exclude certain regulated substances, which pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the Administrative Officer shall cause such request for exemption to be heard by the Board. The recommendation of the Board shall be binding. The Administrative Officer shall notify the Drinking Water Source Protection (DWSP) Committee of all such hearings.
(d) Technical Consultants. Upon application for a Zoning Permit for a use within the Well Field Protection Overlay (WP) District, the Administrative Officer may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All costs incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the Village of Enon to review said Zoning Permit. (Ord. 13-04. Passed 7-23-13.)