940.10 REGULATED SUBSTANCE RELEASES.

   (a)   Release Notification Required. Any release of a Regulated Substance within a Wellhead Protection Area must, if such release:

      (1)   Originates from an underground storage tank; or

      (2)   Contacts a pervious ground surface; and

      (3)   Is not immediately and completely remediated within twenty-four (24) hours; or

      (4)   Enters a surface water body; or

      (5)   Enters a dry well or storm sewer

be reported to the Director of Public Utilities or designee or on-duty drinking water treatment plant operator within twenty-four (24) hours of discovery by the Facility Operator or any other party responsible for the storage unit from which the release occurred. Such notification in no way alleviates other federal, state, or local reporting obligations imposed by law.

   (b)   Notification Contents. Initial notice shall include, at a minimum, information related to the following:

      (1)   Location of the release (Facility name, address, and phone);

      (2)   Facility/responsible party’s name, address, and phone (if different from (1));

      (3)   Emergency contact and phone;

      (4)   Description of the nature of the incident, including date, time, location, and cause of the incident; type, concentration, and volume of substance(s) released.

   (c)   Regulated Substance Release Report. Within seven (7) days of a reported release, the responsible party must submit to the Director of Public Utilities or designee a Regulated Substance Release Report providing any additional detail on the nature and management of the release, including control and corrective actions taken, fate of the released material, and, where applicable, the name of the contractor responsible for removal of released substances. Information submitted in the Regulated Substance Release Report shall be used by the Director of Public Utilities or designee to determine if and where any additional follow-up work needs to be completed to assess the potential pollution impact of the release.

   (d)   Remediation of Release. Upon discovery of a release, the Facility Operator or other responsible party must take appropriate reasonable actions to mitigate the potential impact of the release on groundwater and remediate the release. Remediation must be conducted in a timely manner and in accordance with applicable law. Wastes generated during remediation of a Regulated Substance release must be handled in accordance with Sections 940.13 (b) through 940.13 (d) when the quantity of regulated wastes generated meets or exceeds the quantity thresholds established in Section 940.24 (b), in addition to all applicable legal requirements. Storage of these materials for a period of greater than ninety (90) days must be reported to the Director of Public Utilities or designee by the Facility Operator in accordance with Section 940.08 (c).

   (e)   Submission of Additional Information. The responsible party must copy the Director of Public Utilities or designee on all correspondence submitted to federal, state, or local agencies related to site assessment and site remediation. The Director of Public Utilities or Designee may request, if deemed necessary, that:

      (1)   The Fire Department provide a copy of the department's Ohio Fire Incident Reporting System report to the Director of Public Utilities or designee;

      (2)   The Ohio EPA provide a copy of the agency's Emergency Response Section Incident Report to the Director of Public Utilities or Designee; and/or

      (3)   The Facility Operator develop and implement procedures to minimize the likelihood of recurrence of such a release. The Facility Operator must submit procedures developed under this provision to the Director of Public Utilities or designee no later than sixty (60) days after being required, and implemented no later than one hundred eighty (180) days after approval by the Director of Public Utilities or designee.

   (f)   Liability. The City is authorized to order the cleanup or abatement, or take such other actions as may be necessary to cause cleanup or abatement, of any hazardous material release to soils, surface water, and/or groundwater in or near a WHPA which may present a threat to groundwater quality or violate Ohio's water quality standards. The entity or person responsible for the release shall be liable for any reasonable expense, loss, or damages attributable to the release incurred by the City in response to such an incident, in addition to any fines imposed under Ohio and Federal law, and these codified chapters.

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