940.06 REGULATED SUBSTANCES.

   (a)   Defined. Regulated Substances shall be those substances listed in Section 940.24 (a) herein when storage or use at a facility at any time of the year meets or exceeds those thresholds specified in Section 940.24 (b). A Facility Operator may, at their choice, calculate the quantity of Regulated Substances stored or used on site as follows:

      (1)   Maximum amount at any one time. The Facility Operator may report the quantity of Regulated Substances stored or otherwise used on site as the maximum amount found on site at any one time during the course of a year. Where there are seasonal fluctuations in Regulated Substance use, the amount should be based on storage or use of Regulated Substances during peak times of the year; or

       (2)   Monthly daily average. The Facility Operator may calculate the daily average of Regulated Substance storage or use on site over the course of a month. The Facility Operator must calculate this average using the anticipated quantity of Regulated Substances storage or use during peak months at the facility.

   A substance listed in Section 940.24(a) may be partially or fully exempt from regulation under this chapter if use or storage of the Regulated Substance is exempted under Sections 940.03(b) or 940.03(c) of this chapter, or if the Facility Operator can provide proper documentation to the Director of Public Utilities or designee that a Regulated Substance does not present a threat to groundwater due to the nature of the substance. Information from the substance manufacturer or other qualified, verifiable source indicating that the substance does not present a threat to groundwater shall be considered proper documentation.

   (b)   Additions/Deletions to the Regulated Substance List. The Director of Public Utilities or designee reserves the right to designate additional substances or remove substances from the list of Regulated Substances in Section 940.24 (a) as necessary for the protection of the groundwater resource. Public notice of changes to the Regulated Substance list shall be provided by the Director of Public Utilities or designee in accordance with public notice requirements for

the City of Hamilton but shall include no less than:

      (1)   Notification of the intent to remove or add a Regulated Substance to the list via mail to all registered Facility Operators no later than thirty (30) days prior to action by the Director of Public Utilities or designee;

      (2)   Notification through publication of the change for one (1) day in at least one (1) paper with general circulation in the community; and

      (3)   Notification via first-class mail to all registered Facility Operators no later than thirty (30) days after removal or addition of Regulated Substances to the list by the Director of Public Utilities or designee.

(Ord. 98-10-103. Passed 10-14-98.)