1192.07 MANAGEMENT OF OTHER POTENTIAL POLLUTION SOURCES.

   (a)   Land Application of Pesticides and Fertilizers.

      (1)   Applicability. This Section applies to the application of restricted use pesticides as identified by the United States Environmental Protection Agency at existing and new commercial, recreational, and agricultural facilities in the one (1) and five (5) year TOT.

      (2)   Registration of Restricted Use Pesticides. Facility Operators applying restricted use pesticides within the one (1) and five (5) year TOT in any quantity must register the application of those restricted use pesticides with the Development Services Director or Designee within one hundred eighty (180) days of the effective date of this Chapter and by March 1 of every second year thereafter. Any Facility Operator required to maintain records of restricted use pesticide application under any other federal, state, or local program may submit a copy of those records to the Development Services Director or Designee to satisfy this registration requirement. A Facility Operator may request that the registration be completed by the Development Services Director or Designee. A Facility Operator choosing to have their facility registered by the Development Services Director or Designee must contact the Development Services Director or Designee no less than ninety (90) days before a registration is due to ensure completion of the registration by the required due date.

      (3)   Registration Information. Registration will include, but is not necessarily limited to, general information on the facility and the application of restricted use pesticides at the facility.

      (4)   Registration of Previously Exempt Facilities. Any previously exempt Facility that becomes subject to regulation under this Section due to:

         A.   Changes in the types of pesticides applied at a Facility from non- restricted to restricted use pesticides; and/or

         B.   Changes in the delineated Source Water Protection Area as specified in Subsection 1192.02(b) must be registered in accordance with Subsection 1192.07(a)(2).

   (b)   Road Salt Storage.

      (1)   New Facilities. All road salt stored at new facilities in the one (1) year and (5) year TOT must be stored under a covered shelter on an impervious surface and capable of catching, diverting, and controlling storm water run- off. This requirement does not apply to salt prepackaged for consumer use.

      (2)   Registration. Any Facility in the one (1) year TOT storing road salt outdoors in quantities meeting or exceeding one thousand (1,000) pounds must be registered in accordance with Subsection 1192.04 (d)(1).

   (c)   On-Lot Sewage Systems.

      (1)   Registration. Any on-lot sewage system in the Source Water Protection Area used for the disposal of process waters other than sanitary wastes must be registered in accordance with Subsection 1192.04( d)(1). Any Facility Operator required to register such disposal to any other federal, state, or local authority may submit a copy of that registration to the Development Services Director or Designee to satisfy the registration requirements of this Subsection. The Development Services Director or Designee reserves the right to ask for additional information when deemed necessary.

      (2)   Cessation of On-Site Disposal. Any Facility Operator permanently ceasing disposal of process wastes on site through an on-lot sewage system must submit an amended facility registration no later than sixty (60) days of ending disposal in accordance with Subsection 1192.04 (d)(7).

   (d)   Commercial Junk and Salvage Yards. 

      (1)   All commercial junk and salvage yards in the Source Water Protection Area must be registered in accordance with Subsection 1192.04(d)(1) and must comply with the following as applicable: Subsection 1192.04(f) (Facility Closure); Subsection 1192.04(g) (Release Notification); and Subsection 1192.05(b) (General Container and Regulated Substance Handling Requirements).

      (2)   Fluid Management. Scrap vehicles or other units brought into a commercial junk yard located within the Source Water Protection Area must have all fluids removed in accordance with current federal, state, and local regulations before on-site crushing and/or storage of the vehicle or unit. All Regulated Substances removed from a vehicle or other unit must be handled and stored in accordance with current federal, state, and local regulations in addition to the provisions of this Chapter as required.

   (e)   Dry Wells.

      (1)   Registration of New Dry Wells. The Development Services Director or Designee must be notified of the installation of any new dry well within the Source Water Protection Area no later than sixty (60) days after installation of the new dry well. Notification shall be provided on a standard form supplied by the Development Services Director or Designee at the request of the registrant. The registration shall include information including, but not limited to, the location and design of the new dry well(s). One registration form may be submitted for the installation of multiple dry wells with the same design at a site.

      (2)   Use of Existing Registration Information. Any municipality or Facility Operator required to register or report a dry well or dry well system to any other federal, state, or local authority may submit a copy of that registration or report to the Development Services Director or Designee to satisfy the registration requirements of this Section. The Development Services Director or Designee reserves the right to request additional information when deemed necessary.

      (3)   Inspection and Maintenance Schedule. Any municipality, developer, or facility using dry wells for storm water management in the one (1) and five (5) year TOT must development and implement a schedule for the regular inspection and maintenance of those dry wells. All new dry wells shall have limited, controlled access, and be posted with signage indicating: “No dumping, drains to drinking water aquifer” as defined in this chapter.

   (f)   Landfills.

      (1)   Registration. All commercial landfills in the Source Water Protection Area must be registered in accordance with Subsection 1192.04(d)(1). Any releases meeting criteria specified in Subsection 1192.04(g)(1), or any release to groundwater detected through a groundwater monitoring network associated with the site, must be reported to Development Services Director or Designee in accordance with Subsection 1192.04(g). The Development Services Director or Designee shall make all reasonable effort to register former unlicensed landfills in addition to commercial landfills or open dumpsites.

   (g)   Wells or Boreholes.

      (1)   Applicability. This Section applies to any existing or new well or borehole in a SWPA used for the production of groundwater that does not require plan approval by the Ohio EPA. This includes any well or borehole used for producing water not intended for human consumption.

      (2)   Installation and Maintenance. Any well or borehole subject to regulation under this Section installed after the effective date of this chapter must be installed in accordance with Chapter 3745-9-05 of the Ohio Administrative Code. All new wells and boreholes must be registered by the well or borehole owner with the Development Services Director or Designee no later than fifteen (15) days prior to installation of the well or borehole. All new wells or boreholes must be installed by a State-recognized well driller. All new wells or boreholes must be installed in accordance with the State of Ohio Technical Guidance for Well Construction and Ground Water Protection.

      (3)   Abandonment of Wells or Boreholes. All wells or boreholes which are not maintained for production, standby, or observation purposes are to be permanently sealed according to the State of Ohio Technical Guidance Manual for Sealing Abandoned and Unsealed Wells or Boreholes developed by the State Coordinating Committee on Ground Water. The Facility Operator must notify the Development Services Director or Designee no later than fifteen (15) days prior to abandonment of the well or borehole and all paperwork associated with the well or borehole abandonment process must be filed with the Ohio Department of Natural Resources and the City of Fairfield Building and Zoning Division.

      (4)   Geothermal Wells or Boreholes. Any geothermal well or borehole installed in any SWPA must do so in accordance with the State of Ohio Technical Guidance for Installation of Geothermal Wells.

   (h)   Fill Operations. All fill operations shall use clean, hard fill materials and shall be approved by the administering authority prior to the commencement of fill activities.

      (1)   Fill dirt shall not contain fly ash, sewage, sludge, asphalt, shingles, construction debris or any other material prohibited by any local, state or federal regulation.

      (2)   All fill operations must comply with local, state, and federal law including, but not limited to, ORC Chapter 3714, and OAC Chapter 3745. In accordance with OAC Chapter 3745-400-05, a written notice of “intent to fill” shall be filed with the City of Fairfield as required by this rule and shall also be filed with the administering authority. Such notice is required to be filed seven days prior to the commencement of fill operations.

      (3)   All fill sites shall have limited, controlled access, and be posted with signage indicating: “Source Water Protection Area. Fines will be imposed for illegal dumping of fill materials. No asphalt, shingles, construction debris, or any other prohibited material.” The site must be secured during unauthorized times with emergency contact information posted.

      (4)   Any violation of this section shall be subject to the penalty provisions of Section 1192.08.

         (Ord. 120-11. Passed 11-28-11.)