940.19 MANAGEMENT OF OTHER POTENTIAL POLLUTION SOURCES.

   (a)   Land Application of Pesticides and Fertilizers.

      (1)   Applicability. This section applies to the application of restricted use pesticides as identified by the United States Environmental Protection Agency at existing and new commercial, recreational, and agricultural facilities in the one (1) and five (5) year TOT.

      (2)   Registration of restricted use pesticides. Facility Operators applying restricted use pesticides within the one (1) and five (5) year TOT in any quantity must register the application of those restricted use pesticides with the Director of Public Utilities or designee within one hundred eighty (180) days of the effective date of this chapter and by March 1 of every second year thereafter. Any Facility Operator required to maintain records of restricted use pesticide application under any other federal, state, or local program may submit a copy of those records to the Director of Public Utilities or designee to satisfy this registration requirement. A Facility Operator may request that the registration be completed by the Director of Public Utilities or designee. A Facility Operator choosing to have their facility registered by the Director of Public Utilities or designee must contact the Director of Public Utilities or designee no less than ninety (90) days before a registration is due to ensure completion of the registration by the required due date.

      (3)   Registration information. Registration will include, but is not necessarily limited to, general information on the facility and the application of restricted use pesticides at the facility.

      (4)   Registration of previously exempt facilities. Any previously exempt Facility that becomes subject to regulation under this Section due to:

         A.   Changes in the types of pesticides applied at a Facility from non- restricted to restricted use pesticides; and/or

         B.   Changes in the delineated Wellhead Protection Area as specified in Section 1180.10 of Zoning Ordinance Number 7503

         must be registered in accordance with subsection (a)(2) hereof.

   (b)   Road Salt Storage.

      (1)   New facilities. All road salt stored at new facilities in the one (1) year TOT must be stored under covered shelter on an impervious surface. This requirement does not apply to salt prepackaged for consumer use.

      (2)   Registration. Any Facility in the one (1) year TOT storing road salt outdoors in quantities meeting or exceeding one thousand (1,000) pounds must be registered in accordance with Section 940.07 .

   (c)   On-Lot Sewage Systems.

      (1)   Registration. Any on-lot sewage system in the Wellhead Protection Area used for the disposal of process waters other than sanitary wastes must be registered in accordance with Section 940.07 . Any Facility Operator required to register such disposal to any other federal, state, or local authority may submit a copy of that registration to the Director of Public Utilities or designee to satisfy the registration requirements in this section. The Director of Public Utilities or designee reserves the right to ask for additional information when required.

      (2)   Cessation of on-site disposal. Any Facility Operator permanently ceasing disposal of process wastes on site through an on-lot sewage system must submit an amended facility registration no later than sixty (60) days of ending disposal in accordance with Section 940.07 (g) herein.

   (d)   Commercial Junk Yards.

      (1)   All commercial junk yards in the Wellhead Protection Area must be registered in accordance with Section 940.07, et seq., and must comply with the following as applicable: Section 940.09, et seq. (Facility Closure); and Section 940.10 et seq. (Release Notification), and Section 940.13(b) (General Container and Regulated Substance Handling Requirements).

      (2)   Fluid management. Scrap vehicles or other units brought into a commercial junk yard located within the Wellhead Protection Area must have all fluids removed in accordance with current federal, state, and local regulations before on-site crushing and/or storage of the vehicle or unit. All Regulated Substances removed from a vehicle or other unit must be handled and stored in accordance with current federal, state, and local regulations in addition to the provisions of this chapter as required.

   (e)   Dry Wells.

      (1)   Registration of new dry wells. The Director of Public Utilities or designee must be notified of the installation of any new dry well within the Wellhead Protection Area no later than sixty (60) days after installation of the new dry well. Notification shall be provided on a standard form supplied by the Director of Public Utilities or designee at the request of the registrant. The registration shall include information related, but not limited, to the location and design of the new dry well(s). One registration form may be submitted for the installation of multiple dry wells with the same design at a site.

      (2)   Use of existing registration information. Any municipality or Facility Operator required to register or report a dry well or dry well system to any other federal, state, or local authority may submit a copy of that registration or report to the Director of Public Utilities or designee to satisfy the registration requirements of this section. The Director of Public Utilities or designee reserves the right to request additional information if required.

      (3)   Inspection and maintenance schedule. Any municipality using dry wells for storm water management in the one (1) and five (5) year TOT must develop and implement a schedule for the regular inspection and maintenance of those dry wells.

   (f)   Landfills.  

      (1)   Registration. All commercial landfills in the Well Head Protection Area must be registered in accordance with Section 940.07 et seq. Any releases meeting criteria specified in Section 940.10 (a) et seq., or any release to groundwater detected through a groundwater monitoring network associated with the site must be reported to Director of Public Utilities or designee in accordance with Section 940.10 et seq. The Public Utilities Director or designee shall make all reasonable effort to register former unlicensed landfills in addition to commercial landfills.

   (g)   Wells.

      (1)   Applicability. This section applies to any existing or new well in a WHPA used for the production of groundwater that does not require plan approval by the Ohio EPA. This includes any well used for producing water not intended for human consumption.

      (2)   Installation and maintenance. Any well subject to regulation under this section installed after the effective date of this chapter must be installed in accordance with Chapter 3745-9-05 of the Ohio Administrative Code. All new wells must be registered by the well owner with the Director of Public Utilities or Designee no later than fifteen (15) days prior to installation of the well. All new wells must be installed by a State-recognized well driller. All wells must be maintained in accordance with Chapter 3745-9-09(A)-(C) of the Ohio Administration Code.

      (3)   Abandonment of wells. All wells which are not maintained for production, standby, or observation purposes are to be permanently abandoned by completely filling the well with grout so as to prevent contaminants from entering groundwater through the well. Grout can be neat cement, inert natural materials, concrete, heavy drilling mud, heavy bentonite water slurry, inert polymer material, or other materials designed for sealing a well that are impervious to and capable of preventing movement of water. All materials except neat cement and concrete when used as grout shall be of sufficient viscosity to require a time of at least seventy seconds to discharge one quart of the material through an API marsh funnel viscometer. The Facility Operator must notify the Director of Public Utilities or designee of the proposed abandonment no later than 15 days prior to abandonment of the well.

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