(A) As used in this article, the following words have the meanings indicated.
COMMUNITY WATER SYSTEM (WELL). A source of water and a distribution system, including treatment and storage facilities, whether publicly or privately owned, serving two or more individual lots.
HAZARDOUS SUBSTANCE. Any substance, including oil or its by-products, that:
(a) Conveys toxic, lethal, or other injurious effects or which causes sublethal harmful alterations to plant, animal, or aquatic life;
(b) May be injurious to human beings;
(c) Persists in the environment; and
(d) Any matter identified as a "hazardous waste" by the Environmental Protection Agency or a "controlled hazardous substance" by the Maryland Department of the Environment. For the purposes of this section, excluding propane and natural gas.
STORAGE TANK. A storage tank above or below ground with a capacity of 270 gallons or more, connected piping, ancillary equipment and containment system, if any, other than a private 1-unit residence which stores oil within the residence for personal use.
WELLHEAD PROTECTION AREA. The geographic boundaries of municipal and community wellhead protection areas delineated by the sourcewater assessments performed by the Maryland Department of the Environment, as amended.
(B) A permit shall be obtained from the Frederick County Office of Permits and Inspections for the placement or installation of any hazardous substance storage tank and a new permit obtained for any change in the substance stored in the storage tank.
(C) (1) A hazardous substance storage tank shall not be located within 500 feet of a community water supply system well.
(2) A hazardous substance storage tank to be located within a wellhead protection area and more than 500 feet from a community water supply system well, shall be placed above ground and be surrounded by a one hundred percent (100%) catchment basin or double-walled containment and a spill protection overfill alarm.
(3) A hazardous substance storage tank to be located within an area outside the boundaries of the wellhead protection area, may be located underground but shall meet all current state and federal requirements or may be placed as described in subsection (2) above. In addition, if the tank is to be placed underground, the county Community Development Division shall be furnished with a report from a hydrogeologist which states: the nature of the underlying soil, geologic structure, and aquifer, and the likelihood of contamination of neighboring water sources in the event the contents of the storage tank are discharged, and an estimate of the groundwater travel time which might be expected from the location of the storage tank to the community supply well; based on the report, or on its own studies or information or expertise, the county government shall refuse to issue the permit if there is undue danger to the public health, safety or general welfare in the opinion of the county government or its consultant.
(4) All permits for hazardous substance storage tanks shall be reviewed by the Community Development Division for compliance with the setback limiting requirements of the Frederick County Code, including those set forth in this paragraph.
(D) The applicant for a hazardous substance storage tank permit shall submit its application to the Community Development Division.
(E) Any person, partnership, firm or corporation who directs or permits any violations of any of the provisions of this section or who aids or assists therein, either on his own behalf or in the interest of his employer or principal shall, upon conviction thereof by a court of competent jurisdiction, be guilty of a misdemeanor punishable by a fine of not more than $100 or by imprisonment for not more than 30 days or both for each separate offense. Every day each violation exists shall constitute a separate offense and be punishable as such.
(F) This section supplements other laws and regulations. Where this article or any portion thereof imposes a greater restriction than is imposed by other laws or regulations, the provisions of this article shall control. However, nothing in this section relieves the applicant from compliance with other sections of the Frederick County Code, the Maryland Code or Regulations enacted thereunder, or federal law or regulation.
(Ord. 90-27-625, 6-22-1990; Ord. 07-16-456, 5-15-2007; Ord. 14-23-678, 11-13-2014)
Cross references:
Other provisions relating to storage tanks, see §§ 1-19-5.310, 1-19-7.610, 1-19-8.211, 1-19-8.352 and 1-19-11.100