940.02 DEFINITIONS.
The following terms shall have the following meanings within the context of this chapter:
(1) “Aboveground storage tank (AST)” means any non-portable container and supporting structure, excluding all pipes connected thereto, which is used to store an accumulation of Regulated Substances and in which more than 90 percent of the final volume of the storage container is at or above the final ground elevation.
(2) “Best management practices (BMP)” this term, as it applies to Wellhead Protection, refers to schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the environment. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spills, and leaks.
(3) “CERCLA”: the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq., Pub. L. 96-510, December 11, 1980), as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986 (Pub. L. 99-499, October 17, 1986; 100 Stat. 1613). All references to CERCLA within this regulation are meant to indicate CERCLA, as amended by SARA.
(4) “City”: the City of Hamilton and any of its designated agents.
(5) “Dry well”: a type of drainage well used for the underground disposal of storm water runoff from paved areas, which include parking lots, streets, highways, residential subdivisions, and building rooftops; agricultural areas; and industrial areas.
(6) "EPCRA": the Emergency Planning and Community Right-To-Know Act of 1986, also known as the Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 (Pub. L. 99-499, 42 U.S.C. 960).
(7) “Existing facility” or “existing storage unit”: this term, as it applies to Wellhead Protection, refers to any Facility or Regulated Substance storage unit in operation or for which construction commenced on or before the effective date of this chapter. Construction of a Facility or Regulated Substance storage unit has commenced if:
A. The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
B. A continuous on-site, physical construction program has begun; or the owner or operator has entered into contractual obligations for physical construction of the Facility or Regulated Substance storage unit which cannot be canceled or modified without substantial loss.
(8) “Extremely hazardous substance”: any substance listed by the United States Environmental Protection Agency under 40 CFR Part 355 appendixes A and B; and any substance listed by the Commission pursuant to divisions (B)(4) and (C)(5) of Section 3750.02 of the Ohio Revised Code.
(9) “Facility”: This term, as it applies to Wellhead Protection, refers to all contiguous land and related structures, appurtenances, and improvements on land with the same Facility Operator. A Facility may consist of several operations. For these purposes, contiguous land shall include land separated by a public right-of-way so long as such land would otherwise be contiguous. The term Facility includes all principal and accessory uses, including residential uses.
(10) “Facility Operator”: This term, as it applies to Wellhead Protection, refers to the person or designee in possession or control of a Facility or Regulated Substance storage unit, regardless of whether such person is the owner, lessee, or other possessor. The term also includes contractors or site managers at construction sites who are responsible for the general management of Regulated Substances located on site.
(11) “Great Miami Buried Valley Aquifer”: a regionally extensive groundwater aquifer system providing drinking water to communities throughout central and southwest Ohio. The Great Miami Buried Valley Aquifer is a designated Sole Source Aquifer under the federal Safe Drinking Water Act, signifying a protected status as a valued natural resource.
(12) “Groundwater”: all the water naturally occurring beneath the surface of the ground, excluding those waters in underground piping for water, wastewater, and/or storm water distribution/collection systems.
(13) “Hamilton to New Baltimore Groundwater Consortium”: a consortium of six public and industrial groundwater suppliers and users in the Hamilton to New Baltimore area of Butler and Hamilton Counties, Ohio. Members are: Champion International, City of Cincinnati, City of Fairfield, City of Hamilton, Southwest Regional Water District, Southwestern Ohio Water Company, and their successors.
(14) “Impervious surface”: any surface which prevents the adsorption of Regulated Substances into surrounding soils or other pervious surface areas, and which will not react with the Regulated Substance being stored in such a way that the surface will deteriorate and no longer be impervious.
(15) “New facility” or “new storage unit”: This term, as it applies to Wellhead Protection, refers to any Facility or Regulated Substance storage unit beginning operation after the effective date of this chapter.
(16) “Nonconforming facility” or “nonconforming storage unit”: any existing Facility or Regulated Substance storage unit which, as of the effective date of this chapter, would otherwise be prohibited within a designated TOT.
(17) “OAC”: Ohio Administrative Code.
(18) “Ohio EPA”: the Ohio Environmental Protection Agency.
(19) “Permanent”: This term, as it applies to Wellhead Protection, refers to more than ninety (90) consecutive days.
(20) “Pesticide”:
A. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest as defined in Section 2(t) of the Federal Insecticide, Fungicide, and Rodenticide Act (P.L. 100-64,100-464, to 100- 526 and 100-532); and
B. Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. The term shall include all fungicides, insecticides, nematicides, or other substances used for the control of pests.
(21) “Primary containment”: the first level of containment, i.e., the inside portion of container or storage device which comes into immediate contact on its inner surface with a Regulated Substance.
(22) “Principal”: This term, as it applies to Wellhead Protection, refers to the primary, predominant, or foremost use or activity at a Facility.
(23) “Process”: This term, as it applies to Wellhead Protection, refers to the incorporation of a Regulated Substance into a product. Includes making mixtures, repackaging, or using a Regulated Substance as a feedstock, raw material, or starting material for making another chemical.
(24) “RCRA”: the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580; 42 U.S.C. 6901 et seq.), as amended.
(25) “Regulated substances”: those substances identified in Section 940.24 of this chapter which are regulated under the Wellhead Protection Program.
(26) “Regulated substance storage area”: that area where Regulated Substances are stored. A Regulated Substance storage area can include single or multiple Regulated Substance storage units.
(27) “Regulated substance storage unit”: This term, as it applies to Wellhead Protection, refers to any underground storage tank, aboveground storage tank, drum, carboy, or other container used for the storage of one or more Regulated Substance(s), including silo, bag, tank wagon, box, glass, cylinder, tote bin, and truck body, rail car, or tanker when used for the permanent or temporary storage of Regulated Substances.
(28) “Release”: This term, as it applies to Wellhead Protection, refers to the spilling, leaking, pumping, pouring, emitting, emptying, or dumping of Regulated Substances upon or into any land or water. Release includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site sewage disposal system, dry well, catch basin, or landfill. The term "release" when used and applied in this chapter does not include the following:
A. Disposal, in accordance with all applicable legal requirements and in accordance with the requirements of RCRA regulations, of hazardous wastes in a Facility that has received and maintained all necessary legal approvals for that purpose;
B. Disposal or release of any substance in compliance with applicable legal requirements, including without limitation, the terms and provisions of a valid municipal, State, or Federal permit if such permits are required by applicable environmental laws;
C. Disposal, in accordance with all legal requirements, of any substance to a sanitary sewer system that has received and maintained all necessary legal approvals for that purpose;
D. Disposal, in accordance with all legal requirements, of “sanitary sewage” to subsurface sewage disposal systems as defined and permitted by state or county health departments;
E. Any discharge of a petroleum substance in a quantity less than twenty-five (25) gallons unless such petroleum discharge enters a dry well, storm sewer, or surface water body; or
F. Any discharge of hazardous materials listed in SARA Title III or CERCLA when the discharge is less than twenty-five (25) pounds within a twenty- four (24) hour period in the one (1) and five (5) year time-of-travel zone, or less than one hundred (100) pounds within a twenty-four (24) hour period in the ten (10) year time-of-travel zone; or
G. The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc. as used in routine agricultural operations and applied under best management practices as indicated by soil tests, the Ohio State University Cooperative Extension Service, the Soil and Water Conservation District, and label directions approved by the United States Environmental Protection Agency or the Ohio Department of Agriculture.
(29) “Replacement”: This term, as it applies to Wellhead Protection, refers to the physical removal of a Regulated Substance storage unit for installation of a new Regulated Substance storage unit.
(30) “Restricted use pesticide”: any pesticide or pesticide use classified by the administrator of the United States Environmental Protection Agency for use only by a certified applicator or by an individual working under the direct supervision of a certified applicator.
(31) “Secondary containment”: containment external to and separate from primary containment designed to contain a release from a primary containment unit. Secondary containment may include, but is not limited to, double walls, dikes, vaults, or impervious liners (both natural and synthetic).
(32) “Temporary”: This term, as it applies to Wellhead Protection, refers to a period of ninety (90) consecutive days or less. Regulated Substances and the individual storage units containing such substances that are used on site as part of regular business operations are not to be considered temporary storage.
(33) “Time of Travel Zone (TOT)”: This term, as it applies to Wellhead Protection, refers to the advective travel time for water to flow through an aquifer and reach a well or wellfield.
(34) “Underground storage tank (UST)”: This term, as it applies to Wellhead Protection, refers to one or any combination of tanks, including the underground pipes connected thereto, that are used to contain an accumulation of Regulated Substances the volume of which, including the volume of the underground pipes connected thereto, is 10% or more beneath the surface of the ground. For the purposes of this chapter, the term does not include:
A. Pipeline facilities, including gathering lines, regulated under the “Natural Gas Pipeline Safety Act of 1968", 82. Stat. 720, 49 U.S.C.A. 2001, as amended;
B. Surface impoundments, pits, ponds, or lagoons;
C. Storm or waste water collection systems;
D. Flow-through process tanks;
E. Septic tanks;
F. Storage tanks located in underground areas when the tanks are located on or above the surface of the floor and the integrity of the tank is periodically visually evaluated; or
G. Liquid traps or associated gathering lines directly related to oil or gas production or gathering operations.
(35) “Use” or “otherwise use”: This term, as it applies to Wellhead Protection, refers to handling, transferring, processing, packaging, treating, emitting, discharging, or disposal of Regulated Substances at a Facility.
(36) “Wellfield”: a tract of land that contains one or a number of wells (wellheads) for use in public water supplies.
(37) “Wellhead”: an individual well for supplying water.
(38) “Wellhead protection area (WHPA)”: the surface and subsurface areas supplying water to wells or wellfields through which contaminants are likely to move and reach such wells or wellfields. The Wellhead Protection Area includes the one (1), five (5), and ten (10) year time-of-travel zones.
(39) “Wellhead Protection Program (WHPP)”: a program established by Section 1428 of the Safe Drinking Water Act of 1986 (Public Law 93-523) designed to minimize the potential for contamination of groundwater being used as a source of public drinking water.
(Ord. 98-10-103. Passed 10-14-98.)