940.03 GENERAL APPLICABILITY.
(a) General Applicability. Unless specified otherwise, all provisions of this chapter apply to any Facility Operator of any real property or business in the City of Hamilton when storing or otherwise using Regulated Substances as defined in Section 940.06 of this chapter, or conducting any activity regulated under Section 940.19 herein, and located within a Wellhead Protection Area as established in Section 1103.52 of the Zoning Ordinance No.7503 of the City of Hamilton Codified Ordinances. It is the responsibility of the Facility Operator to determine the applicability of this chapter to his or her property and/or business, and to comply with all requirements established in this rule as applicable to the Facility. Failure to do so shall not excuse any violations of this chapter.
(1) Indoor storage/use of Regulated Substance(s) in an area capable of fully containing a total release of the Regulated Substance(s) within the facility or draining the release to a wastewater treatment system capable of treating the released substance(s). Septic tank systems do not qualify as a wastewater treatment system under this exemption;
(2) Sale/storage of Regulated Substances packaged as consumer products in original containers when the aggregate quantity on site meets or exceeds those thresholds established in Section 940.24(c) of this chapter;
(3) Current hazardous waste storage areas at RCRA permitted facilities;
(4) Radioactive materials regulated by the U.S. Nuclear Regulatory Commission;
(5) Aboveground storage tanks in the five (5) year TOT used exclusively for the storage of Grade 1 or Grade 2 heating fuels and diesel fuel; and
(6) Oil/water separator underground storage tanks.
(c) Full Exemptions. The following uses of Regulated Substances are exempt from the provisions set forth herein.
(1) Laboratory activities;
(2) Chemical storage tanks containing pressurized gases such as chlorine, propane, hydrogen, and nitrogen;
(3) Household use of Regulated Substances packaged for consumer use in original pre-packaged containers;
(4) Excavation or removal of earth materials;
(5) Office and maintenance/janitorial use of Regulated Substances packaged as consumer products. This exemption does not apply to hydrocarbon or halogenated hydrocarbon solvents;
(6) Oils and fluids within electrical utility transformers/switches;
(7) Materials present as a solid inside of a manufactured item;
(8) Transport of Regulated Substances in trucks, trailers, tankers, or rail cars to facilities through the Wellhead Protection Area, provided the Regulated Substances are fueling the transporting vehicle, or the transporting vehicle is in continuous transit, making a delivery, or is stopped for a period of time not to exceed twenty-four (24) hours;
(9) Aboveground and underground storage tanks in the ten (10) year TOT used exclusively for the storage of Grade 1 or Grade 2 heating fuel and diesel fuel;
(10) Sale/storage of Regulated Substances packaged as consumer products in original containers when the aggregate quantity on site is less than those thresholds established in Section 940.24(c) of this chapter; and
(11) The application of wastewater biosolids provided all application is done in accordance with an approved Ohio Environmental Protection Agency Sludge Management Plan.
(Ord. 98-10-103. Passed 10-14-98.)