(a) Use, storage, handling and/or production of Regulated Substances, as defined in Section 914.02(i), in conjunction with permitted and conditional uses in the Wellfield Protection Area shall be limited to:
(1) Aggregate of Regulated Substances. The aggregate of Regulated Substances in use, storage, handling and/or production may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
(2) Total use of Regulated Substances. The total use, handling and/or production of Regulated Substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
(b) A limited exclusion from the provision of subsection (a) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use, storage, handling and/or production of Regulated Substances under this exclusion shall be limited to:
(1) The aggregate of Regulated Substances in use, storage, handling, and/or production may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
(2) The total use, storage, handling and/or production of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
(3) The application of U.S.E.P.A. approved agricultural chemicals by licensed personnel using U.S.E.P.A. best recommended practices. Below ground applications in excess of one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period shall require 72 hour prior notice to the Fairborn City Manager or his authorized designee.
(c) A limited exclusion from the provisions of subsection (a) hereof is authorized for each medical and research laboratory use, provided however, Regulated Substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of Regulated Substances shall not exceed two hundred and fifty (250) gallons or two thousand (2,000) pounds.
(d) A limited exclusion from the provisions of subsection (a) hereof is authorized for Regulated Substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed one hundred (100) gallons or eight hundred (800) pounds at any time. In no case shall Regulated Substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
(e) A limited exclusion from the provisions of subsection (a) is authorized for on- site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency (EPA) or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals either stored on-site or brought in from other locations from the inventory, spill reporting and underground storage tank protection requirements of the Wellfield Protection Area. Note: This regulation does not restrict the use of agricultural chemicals applied in accordance with best management practices and/or label directions.
(f) With the exception of residential use of heating fuels in tanks having a capacity and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted and conditional uses in Wellfield Protection Area shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the Fairborn City Manager or his designee.
(g) Notwithstanding other provisions of this chapter non-conforming uses in the Wellfield Protection Area presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or process heating shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (f) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for Regulated Substances other than the above noted fuels and lubricants is not permitted.
(h) The Fairborn City Manager or his authorized designee shall utilize the Hazard Potential Ranking System in Section 914.16 to assist in the determination of intensity of use within the Wellfield Protection Area. No substitutions of a non-conforming use shall be permitted which result in an increase of the Hazard Potential Ranking on a parcel within the Wellfield Protection Area. If the quantities of regulated substances initially exceed the deminimis quantities above, they shall be considered legally nonconforming. Such legally nonconforming quantities cannot be increased.
(Ord. 11-97. Passed 3-3-97.)
(Ord. 11-97. Passed 3-3-97.)