(A) Regulated substance activity inventory.
(1) Applicability.
(a) Except as maybe otherwise provided, 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 or her authorized designee. The report shall be filed within 180 days of the effective date of this chapter and at 24-month intervals thereafter.
(b) Except as may be otherwise provided, 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 24-month intervals following the date of occupancy. For purposes of this division (A)(1)(b), 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 subchapter and at 12-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.
(2) Exclusions to activity inventory reporting.
(a) Any exclusion set forth in this division (A)(2) shall apply provided that the 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 enforcement. Any exclusions 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 20 gallons or 160 pounds at any time.
2. The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-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 50 gallons or 400 pounds at any time.
2. The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.
(d) A limited exclusion from regulated substance activity inventory reporting is hereby authorized for regulated substances which are cleaning agents; provided, however, the 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 the 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 40 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 72 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.
(1) 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 the spill leak or discharge escapes containment or contacts a pervious ground surface and is not immediately and completely remediated, give notice to the City Manager or the Police Department by telephone within 30 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. The notification shall in no way alleviate other local, state, and federal reporting obligations as required by law.
(2) The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, and the like 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 State Department of Agriculture, shall not be considered a spill, leak, or discharge subject to the reporting provisions of this division (B)(2).
(3) (a) Any entity or person who spills, leaks, or discharges the 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.
(b) The 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 the spills, leaks, or discharges as soon as practicable following the incident but no later than 180 days after the incident.
(C) Falsifying information. 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 subchapter.
(D) Retention of records. Any reports or records compiled or submitted pursuant to this section 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.
(1985 Code, § 8-3-6K.) (Ord. 1996-5, passed - -1996)