(a) Purpose. It is the purpose of the "WP" Well Field Protection Overlay District to safeguard the public health, safety and welfare of the customers of protected public water supplies and to protect the community's potable water supply against contamination by regulating land use and the storage, handling, use and/or production of regulated substances as defined in Chapter 1133: Definitions. The areal extent of the overlay district is described as the land area within the City that lies within the five year Time-of-Travel Zone (Inner Management Zone and Wellhead Protection Area) adjacent to existing and proposed public wells of a protected public water supply.
(b) Applicability to Underlying Zoning Districts. The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the "WP" Well Field Protection Overlay District on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this chapter are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(c) Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the City to make a determination of the applicability of this chapter as it pertains to the property and/or business, and failure to do so shall not excuse any violations of this chapter.
(d) Permitted Uses, Bulk and Yard Regulations. The permitted uses, bulk and yard regulations within the WP Well Field Protection Overlay District shall be those of the underlying zoning district, except as specified in 1122.18(g): Prohibited Uses.
(e) Conditional Uses. The requirements of this section shall be in addition to any applicable regulations found elsewhere within the Zoning Code.
(2) When listed as a permitted or conditional use within the underlying zoning district, the excavation, extraction, mining or processing of sand, gravel and minerals from the earth for resale shall remain as conditional uses in the "WP" Well Field Protection Overlay District subject to Planning Board approval of an excavation and facilities plan that includes, but is not limited to:
A. An existing site plan with topographic detail at two foot contour intervals, all planimetric information, depth to groundwater and flood plain characteristics where applicable;
B. The proposed extent and depth of excavations;
C. Slope angle of excavation walls (any final slopes shall be at the angle of repose for the remaining material);
D. Use and disposition of the spoil and/or overburden materials from the excavations including a landscaping and vegetation plan to stabilize any disturbed material;
E. Surface drainage plan:
i. Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from off-site waterborne regulated substances.
ii. The final on-site grading shall minimize all surface drainage into the excavations;
iii. A post-excavation and operation land use plan; and
iv. A security plan (unauthorized access shall be strictly prohibited as long as any excavations remain on site).
(f) Accessory Use and Buildings. Accessory uses, buildings or structures customarily incident to a principal permitted use or a conditionally permitted use within the "WP" Well Field Protection Overlay District shall be those of the underlying zoning district.
(g) Prohibited Uses. Sanitary landfills, dry wells, landfills comprised of demolition debris or other non-approved matter, and junkyards are prohibited within the "WP" Well Field Protection Overlay District.
(h) Groundwater Protection Standards.
(1) Use, storage, handling and/or production of regulated substances in conjunction with permitted and conditional uses in this district shall be limited to:
A. Aggregate of regulated substances. The aggregate of regulated substances in use, storage, handling and/or production may not exceed twenty gallons or 160 pounds at any time.
B. Total use of regulated substances. The total use, storage, handling and/or production of regulated substances may not exceed fifty gallons or 400 pounds in any twelve month period.
(2) A limited exclusion from the provisions of subsection (a) hereof is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited to:
A. The aggregate of regulated substances in use, storage, handling and/or production may not exceed fifty gallons or 400 pounds at any time.
B. The total use, storage, handling and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any twelve month period.
C. 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 100 gallons or 800 pounds in any twelve month period shall require seventy-two hour prior notice to the City Manager or his authorized designee.
(3) 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 gallons or forty pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
(4) 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 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
(5) A limited exclusion from the provisions of subsection (a) hereof 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 "WP" Well Field Protection Overlay District.
(6) With the exception of residential use of heating fuels in tanks having a capacity equal to or less than 500 gallons, the underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted and conditional uses in this district shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the City Manager or his designee.
(7) Notwithstanding other provisions of this chapter, nonconforming uses in this District 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.
(8) As part of the findings required under Chapter 1132: Administration, Process and Procedures, prior to issuance of a Certificate of Zoning Compliance or Certificate of Occupancy, the City Manager or his authorized designee shall utilize the hazard potential ranking system in 1122.18(i) to assist in the determination of intensity of use within this district. No substitutions of a nonconforming use shall be permitted which result in an increase of the hazard potential ranking on a parcel within this District. 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.
(i) Hazard Potential Ranking System.
(1) In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors.
(2) The table on the following page lists the site hazard potential by land use activity (source) on a scale of one to nine, with one being a low hazard and nine a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly used or stored on the site or the types and amounts of wastes commonly discharged.
SIC Number | Description of Waste Source | Hazard Potential Initial Ranking |
01 | Agricultural Production - Crops | 1 - 2 |
02 | Agricultural Production - Livestock | |
021 Livestock, except Dairy, Poultry and Animal Specialties | (5 for feedlots) | |
024 Dairy Farms | 4 | |
025 Poultry and Eggs | 4 | |
027 Animal Specialties | 2 - 4 | |
029 General Farms, Primarily Livestock | 2 | |
10 | Metal Mining | |
101 Iron Ores | 4 | |
102 Copper Ores | 6 | |
103 Lead and Zinc Ores | 5 | |
104 Gold and Silver Ores | 6 | |
105 Bauxite and Other Aluminum Ores | 5 | |
106 Ferroalloy Ores except Vanadium | 5 | |
108 Metal Ores Not Elsewhere Classified | 5 | |
1092 Mercury Ore | 6 | |
1094 Uranium - Radium - Vanadium Ores | 7 | |
1099 Metal Ores Not Elsewhere Classified | 5 | |
11 | Anthracite Mining | 7 |
12 | Bituminous Coal and Lignite Mining | 7 |
13 | Oil and Gas Extraction | |
131 Crude Petroleum and Natural Gas | 7 | |
132 Natural Gas Liquids | 7 | |
1381 Drilling Oil and Gas Wells | 6 | |
1382 Oil and Gas Field Exploration Services | 1 | |
1389 Oil and Gas Field Services Not Elsewhere Classified | Varies by Activity | |
Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source | ||
SIC Number | Description of Waste Source | Hazard Potential Initial Ranking |
14 | Mining and Quarrying of Non-Metallic Minerals, Except Fuels | |
141 Dimension Stone | 2 | |
142 Crushed and Broken Stone, Including Riprap | 2 | |
144 Sand and Gravel | 2 | |
145 Clay, Ceramic, and Refractory Minerals | 2 - 5 | |
147 Chemical and Fertilizer Mineral Mining | 4 - 7 | |
148 Nonmetallic Minerals Services | 1 - 7 | |
149 Miscellaneous Nonmetallic Minerals, Except Fuels | 2 - 5 | |
16 | Construction Other Than Building Construction | |
1629 Heavy Construction, Not Elsewhere Classified (Dredging, Especially in Salt Water) | 4 | |
20 | Food and Kindred Products | |
201 Meat Products | 3 | |
202 Dairy Products | 2 | |
203 Canned and Preserved Fruits and Vegetables | 4 | |
204 Grain Mill Products | 2 | |
205 Bakery Products | 2 | |
206 Sugar and Confectionary Products | 2 | |
207 Fats and Oils | 3 | |
208 Beverages | 2 - 5 | |
209 Misc. Food Preparation and Kindred Products | 2 | |
22 | Textile Mill Products, All Except Listings Below | |
223 Broad Woven Fabric Mills, Wool (including dyeing and finishing) | 6 | |
226 Dyeing and Finishing Textiles, Except Wool Fabrics and Knit Goods | 6 | |
2295 Coated Fabrics, Not Rubberized | 6 | |
24 | Lumber and Wood Products, Except Furniture | |
241 Logging Camps and Logging Contractors | 2 | |
242 Sawmills and Planing Mills | 2 | |
2435 Hardwood Veneer and Plywood | 4 | |
2436 Softwood Veneer and Plywood | 4 | |
2439 Structural Wood Members, Not Elsewhere Classified (laminated wood-glue) | 3 | |
2491 Wood Preserving | 5 | |
2492 Particle Board | 4 | |
2499 Wood Products, Not Elsewhere Classified | 2 - 5 | |
26 | Paper and Allied Products | |
261 Pulp Mills | 6 | |
262 Paper Mills Except Building Paper Mills | 6 | |
263 Paperboard Mills | 6 | |
Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source | ||
SIC Number | Description of Waste Source | Hazard Potential Initial Ranking |
28 | Chemicals and Allied Products | |
2812 Alkalies and Chlorine | 7 - 9 | |
2813 Industrial Gases | - | |
2816 Inorganic Pigments | 3 - 8 | |
2819 Industrial Inorganic Chemicals Not Elsewhere Classified | 3 - 9 | |
2821 Plastic Materials, Synthetic Resins and Non- vulcanizable Elastomers | 6 - 8 | |
2822 Synthetic Rubber (Vulcanizable Elastomers) | 6 - 8 | |
2923 Cellulose Man-Made Fibers | 6 - 8 | |
2824 Synthetic Organic Fibers Except Cellulosic | 6 - 8 | |
2831 Biological Products | 6 - 9 | |
2833 Medicinal Chemicals and Botanical Products | 3 - 8 | |
2834 Pharmaceutical Preparations | 6 - 9 | |
2841 Soap and Other Detergents, Except Specialty Cleaners | 4 - 6 | |
2842 Specialty Cleaning, Polishing, and Sanitation Preparation | 3 - 8 | |
2843 Surface Active Agents, Finishing Agents, Sulfonated Oils and Assistants | 6 - 8 | |
2844 Perfumes, Cosmetics and Other Toilet Preparations | 3 - 6 | |
2851 Paints, Varnishes, Lacquers, Enamels and Allied Products | 5 - 8 | |
2861 Gum and Wood Chemicals | 5 - 8 | |
2865 Cyclic (coal tar) Crudes, and Cyclic Intermediates, Dyes and Organic Pigments (Lakes and Toners) | 6 - 9 | |
2869 Industrial Organic Chemicals Not Elsewhere Listed | 3 - 9 | |
2873 Nitrogenous Fertilizers | 7 - 8 | |
2874 Phosphatic Fertilizers | 7 - 8 | |
2875 Fertilizer Mixing Only | 5 | |
2879 Pesticides and Agricultural Chemicals, Not Elsewhere Listed | 5 - 9 | |
2891 Adhesives and Sealants | 5 - 8 | |
2892 Explosives | 6 - 9 | |
2893 Printing Ink | 2 - 5 | |
2895 Carbon Black | 1 - 3 | |
2899 Chemicals and Chemical Preparations, Not Elsewhere Listed | 3 - 9 | |
29 | Petroleum Refining and Related Industries | |
291 Petroleum Refining | 8 | |
295 Paving and Roofing Materials | 7 | |
299 Misc. Petroleum and Coal Products | 7 | |
Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source | ||
SIC Number | Description of Waste Source | Hazard Potential Initial Ranking |
30 | Rubber and Miscellaneous Plastics Products | |
301 Tires and Inner Tubes | 6 | |
302 Rubber and Plastic Footwear | 6 | |
303 Reclaimed Rubber | 6 | |
304 Rubber and Plastic Hose and Belting | 4 | |
306 Fabricated Rubber Products, Not Elsewhere Classified | 4 | |
31 | Leather and Leather Products | |
311 Leather Tanning and Finishing | 8 | |
(Remaining Three-Digit Code) | 1 - 3 | |
32 | Stone, Clay, Glass and Concrete Products | |
321 Flat Glass | 4 | |
322 Glass and Glassware, Pressed or Blown | 4 | |
324 Cement, Hydraulic | 3 | |
3274 Lime | 3 | |
3291 Abrasive Products | 3 | |
3292 Asbestos | 3 | |
3293 Gaskets, Packing and Sealing Devices | 3 | |
33 | Primary Metal Industries (Except as Noted Below) | 3 |
3312 Blast Furnaces, Steel Works and Rolling and Finishing Mills | 6 | |
333 Primary Smelting and Refining of Nonferrous Metals | 7 | |
34 | Fabricated Metal Products, Except Machinery and Transportation Equipment (Except as Noted Below) | 5 |
347 Coating, Engraving and Allied Services | 8 | |
3482 Small Arms Ammunition | 7 | |
3483 Ammunition, Except for Small Arms, Not Elsewhere Classified | 7 | |
3489 Ordnance and Accessories, Not Elsewhere Classified | 7 | |
349 Misc. Fabricated Metal Products | 3 - 6 | |
Table 1122-18: Contaminated Hazard Potential Ranking - Classified by Source | ||
SIC Number | Description of Waste Source | Hazard Potential Initial Ranking |
35 | Machinery, Except Electrical | 5 - 7 |
36 | Electrical and Electronic Machinery, Equipment and Supplies (Except as Noted Below) | 8 |
3691 Storage Batteries | 8 | |
3692 Primary Batteries, Dry and Wet | 8 | |
37 | Transportation Equipment | 5 - 8 |
38 | Measuring, Analyzing and Controlling Instruments, Photographic, Medical and Optical Goods, Watches and Clocks (Except as Noted Below) | 4 - 6 |
386 Photographic Equipment and Supplies | 7 | |
39 | Miscellaneous Manufacturing Industries | 3 - 7 |
49 | Electric, Gas and Sanitary Services | |
491 Electric Services | 3 - 5 | |
492 Gas Production and Distribution | 3 | |
494 Water Supply | 2 | |
4952 Sewage Systems | 2 - 5 | |
4953 Refuse Systems (Landfills) | 5 - 9 | |
496 Steam Supply | 2 - 4 | |
(3) Table 1122-19 below lists the hazard potential determined on the basis of materials known to be used, stored or disposed of at a specific site.
Description | Hazard Potential Initial Ranking | ID Number * |
Solids | ||
Ferrous Metals | 1 -4 | 1100 |
Non-Ferrous Metals | 1 - 7 | 1200 |
Resins, Plastics and Rubbers | 2 | 1300 |
Wood and Paper Materials (except as noted below) | 2 | 1400 |
Bark | 4 | 1401 |
Textiles and Related Fibers | 2 | 1500 |
Inert Materials (except as noted below) | 2 | 1600 |
Sulfide Mineral-Bearing Mine Tailings | 6 | 1601 |
Slag and Other Combustion Residues | 5 | 1602 |
Rubble, Construction and Demolition Mixed Waste | 3 | 1603 |
Animal Processing Wastes (except as noted below) | 2 - 4 | 1700 |
Processed Skins, Hides and Leathers | 6 | 1701 |
Dairy Wastes | 4 | 1702 |
Live Animal Wastes - Raw Manures (Feedlots) | 5 | 1703 |
Composts of Animal Waste | 2 - 4 | 1704 |
Dead Animals | 6 | 1705 |
Edible Fruit and Vegetable Remains - Putrescibles | 2 - 3 | 1800 |
Liquids | ||
Table 1122-19: Contaminant Hazard Potential Ranking Classified by Type | ||
Description | Hazard Potential Initial Ranking | ID Number * |
Organic Chemicals (must be chemically classified) | 2000 | |
Aliphatic (Fatty) Acids | 3 - 5 | 2001 |
Aromatic (Benzene) Acids | 7 - 8 | 2002 |
Resin Acids | -- | 2003 |
Alcohols | 5 - 7 | 2004 |
Aliphatic Hydrocarbons (petroleum derivatives) | 4 - 6 | 2005 |
Aromatic Hydrocarbons (benzene derivatives) | 6 - 8 | 2006 |
Sulfonated Hydrocarbons | 7 - 8 | 2007 |
Halogenated Hydrocarbons | 7 - 9 | 2008 |
Alkaloids | 7 - 9 | 2009 |
Aliphatic Amines and Their Salts | 1 - 4 | 2010 |
Anilines | 6 - 8 | 2011 |
Pyridine | 2 - 6 | 2012 |
Phenols | 7 - 9 | 2013 |
Aldehydes | 6 - 8 | 2014 |
Ketones | 6 - 8 | 2015 |
Organic Sulfur Compounds (Sulfides, Mercaptans) | 7 - 9 | 2016 |
Organometallic Compounds | 7 - 9 | 2017 |
Cyanides | 7 - 9 | 2018 |
Thiocyanides | 2 - 6 | 2019 |
Sterols | - | 2020 |
Sugars and Cellulose | 1 - 4 | 2021 |
Esters | 6 - 8 | 2022 |
Inorganic Chemicals (must be chemically classified) | 2100 | |
Mineral and Metal Acids | 5- 8 | 2101 |
Mineral and Metal Bases | 5 - 8 | 2102 |
Metal Salts Including Heavy Metals | 6 - 9 | 2103 |
Oxides | 5 - 8 | 2104 |
Sulfides | 5 - 8 | 2105 |
Carbon or Graphite | 1 - 3 | 2106 |
Table 1122-19: Contaminant Hazard Potential Ranking Classified by Type | ||
Description | Hazard Potential Initial Ranking | ID Number * |
Other Chemical Process Wastes not Previously Listed (Must be chemically classified) | 2200 | |
Inks | 2 - 5 | 2201 |
Dyes | 3 - 8 | 2202 |
Paints | 5 - 8 | 2203 |
Adhesives | 5 - 8 | 2204 |
Pharmaceutical Wastes | 6 - 9 | 2205 |
Petrochemical Wastes | 7 - 9 | 2206 |
Metal Treatment Wastes | 7 - 9 | 2207 |
Solvents | 6 - 9 | 2208 |
Agricultural Chemicals (Pesticides, Herbicides, Fungicides, etc.) | 7 - 9 | 2209 |
Waxes and Tars | 4 - 7 | 2210 |
Fermentation and Culture Wastes | 2 - 5 | 2211 |
Oils, Including Gasoline, Fuel Oil, Etc. | 5 - 8 | 2212 |
Soaps and Detergents | 4 - 6 | 2213 |
Other Organic or Inorganic Chemicals, includes Radioactive Wastes | 4 - 8 | 2300 |
Conventional Treatment Process | ||
Municipal Sludges | ||
From Biological Sewage Treatment | 4 - 8 | 2301 |
From Water Treatment and Conditioning Plants (must be chemically classified) | 2 - 5 | 2302 |
* ID Number is for identification of waste types in the Reporting Form. 1. Classification based on material in Environmental Protection Agency Publication, 670-2-75-024, pp. 79-85, prepared by Arthur D. Little, Inc., and published in 1975. 2. For individual material ranking, refer to solubility-toxicity tables prepared by Versar, Inc., for the Environmental Protection Agency (source: MDNR, June 1980). Source: WMSRDC. A Pollutant Nature Sampling Plan for Groundwater Contamination in Region 14 (Muskegon, Mich.: West Michigan Shoreline Regional Development Commission, November 1980). | ||
If the two tables referenced above indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the two scores is the rating for the site.
(j) Enforcement Provisions
(1) Scope.
A. The provisions of this chapter shall be effective within the "WP" Well Field Protection Overlay District, except as otherwise provided. This chapter provides for pollution control safeguarding the public water supply.
B. Nothing contained in this chapter shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore 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.
(2) Administration. Except as otherwise provided herein, the City Manager or his or her designee, hereinafter referred to as the City Manager, shall administer, implement, and enforce the provisions of this chapter.
(3) Notice of Violation.
A. Any person found in violation of any provision of this chapter or any order, requirement, rule, or regulation issued under the authority of this chapter shall 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 subsection (7)(B) hereof and provided further, that if the City Manager 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 City Manager may dispense with establishing another time period for compliance.
B. 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.
(4) Inspections. Subject to applicable provisions of law, the City Manager 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 chapter. 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 City Manager for the above stated purposes, the City Manager may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter such property.
(5) Handling of Regulated Substances.
A. No person shall place, deposit or permit to be deposited, store, process, use, produce, dispose of, transport or discharge, hereinafter referred to as "handle", any regulated substance on public or private property within the City or in any area under the jurisdiction of the City except as provided by law, statute, ordinance, rule or regulation.
B. Any violation of this subsection 1122.18(j)(5) is hereby determined to be a nuisance and must be abated.
(6) Underground Storage Tanks Declared to Constitute Dangerous Nuisances.
A. With the exception of the underground storage of fuel and lubricants for vehicular operations and fuel for building heating and/or process heating in conjunction with permitted and conditional uses in this district, any storage of regulated substances in underground storage tanks within the "WP" Well Field Protection Overlay District shall be deemed to constitute a dangerous nuisance. Every such nuisance shall be abated no later than five 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 500 gallons, any underground storage tank systems for vehicle fuel and lubricants and fuel for building and/or process heating within the "WP" Well Field Protection Overlay District not removed within five years from the effective date of this chapter shall be secondarily contained and monitored in accordance with plans submitted to and approved by the City Manager or authorized designee and the City Fire Department.
(7) Reporting Requirements.
A. Regulated Substance Activity Inventory.
i. Applicability
a. Except as provided in subsection 1122.18(j)(7)A.ii , hereof, any owner or occupant of any land in the "WP" Well Field Protection Overlay District at the effective date of this chapter, shall file a Regulated Substance Activity Inventory Report with the City Manager or his authorized designee. Such Report shall be filed within 180 days of the effective date of this chapter and at twenty-four month intervals thereafter.
b. Except as provided in subsection 1122.18(j)(7)A.ii , hereof, any new owner or occupant of any land in the "WP" Well Field Protection Overlay District shall file a Regulated Substance Activity Inventory Report prior to receipt of a Certificate of Zoning Compliance or a Certificate of Occupancy and at twenty-four month intervals following the date of occupancy. For purposes of this subsection, "new" shall be defined as subsequent to the effective date of this chapter.
c. 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 shall file a Regulated Substance Activity Inventory Report within 180 days of the effective date of this chapter and at twelve month intervals thereafter. Regulated Substance Activity Inventory Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
ii. Exclusions to Activity Inventory Reporting
a. Any exclusion set forth in this subsection shall apply provided that such 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 subsection 1122.18(j)(7)B, hereof. Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity involved.
b. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for incidental uses of regulated substances provided the uses are limited as follows:
1. The aggregate of regulated substances in use may not exceed twenty gallons or 160 pounds at any time.
2. The total use of regulated substances may not exceed fifty gallons or 400 pounds in any twelve-month period.
c. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment in the "WP" Well Field Protection Overlay District provided the uses are limited as follows:
1. The aggregate of regulated substances in use may not exceed fifty gallons or 400 pounds at any time.
2. The total use of regulated substances may not exceed 100 gallons or 800 pounds in any twelve month period.
d. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby 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 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.
e. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for medical and research laboratory uses in the "WP" Well Field Protection Overlay District, provided however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or forty pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
f. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for the transportation of regulated substances through the WP Well Field Protection Overlay District provided that the transportation vehicle is in compliance with applicable local, State, and Federal laws and regulations; provided that the regulated substance is fueling the transportation vehicle; and provided that the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed seventy-two hours.
g. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for owners and occupants of single or two family residences, provided however, the storage and use of regulated substances are related to the maintenance of the residence or vehicles under control of the occupant and provided waste regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly-owned wastewater treatment works.
B. Spills, Leaks or Discharges.
i. Any person with direct knowledge of a spill, leak or discharge of a regulated substance within the "WP" Well Field Protection Overlay District shall, if such spill, leak or discharge escapes containment or contacts a pervious ground surface and is not immediately and completely remediated, give notice to the Public Works Director of the City or the operator on duty at the affected or potentially affected water treatment facility by telephone within thirty minutes. The notification shall include at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, State and Federal reporting obligations as required by law.
ii. The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur 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 subsection.
iii. Any entity or person who spills, leaks or discharges such substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City in response to such an incident, in addition to the amount of any fines imposed on account thereof under State and Federal law; such 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 180 days after the incident.
C. 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.
D. Any reports or records compiled or submitted pursuant to this subsection 1122.18(j)(7), shall be maintained by the user for a minimum of five years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.
(8) Public Water Supply Protection Authorities.
A. If any activity or use of regulated substance is deemed by the City Manager or authorized designee to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the City Manager, in accordance with Ohio R.C. 713.13, is authorized to:
i. Cause cessation of such activity or use of the regulated substance;
ii. Require the provision of administrative controls and/or facilities sufficient to mitigate such danger; and/or
iii. Cause the provision of pollution control and/or abatement activities.
B. When considering the exercise of any of the above authorities or actions, the City Manager or authorized designee shall consult with the appropriate administrative official of any potentially affected protected 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 City Manager 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. The City Manager is authorized to exclude certain regulated substances that pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the City Manager shall have such request for exemption reviewed by the Environmental Advisory Board. The recommendation of the Regional Environmental Advisory Board shall be binding on the City Manager.
D. Upon application for a Zoning Clearance Permit and/or Occupancy Certificate for a use within the "WP" Well Field Protection Overlay District, the City Manager 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 City to review an application for a Zoning Clearance Permit and/or Occupancy Certificate.
(9) Well Field Protection Appeals Board.
A. Any person may appeal an action of the City Manager made pursuant to this chapter by filing a notice of appeal within twenty-one days of such action and a statement of appeal within thirty days of the date that the order being appealed was issued. A notice of appeal shall include at a minimum, name, address, telephone number, date and a statement of intent to appeal.
B. A statement of appeal shall include all information contained in the notice of appeal, a description of the nature of the appeal and any pertinent documentation.
C. The Board of Zoning Appeals of the City shall hear Well Field Protection Overlay District appeals. Such Board shall have the authority to take appeals, investigate matters related to such appeals, deny, uphold or otherwise modify or waive the City Manager's actions on a case-by-case basis.
D. No modification or waiver of the requirements of this chapter shall be authorized by the Board unless they find beyond a reasonable doubt, that all of the following facts and conditions exist:
i. That there are exceptional circumstances regarding the property or its conforming uses which make enforcement of this chapter an unreasonable burden on the continuation of such conforming uses; and
ii. That the waiver or modification shall not increase the threat of contamination of the community's potable water supply.
(Ord. 34-17. Effective 12-7-17.)