The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
(a) "Abandoned well." A well whose use has been permanently discontinued or that is in a state of disrepair such that it cannot be used for its intended purpose.
(b) "Aboveground storage tank (AST)." Any container and supporting structure, excluding pipes connected thereto, which is used to store regulated substances when the storage container is located on or above the existing ground or floor elevation and the integrity can be visually evaluated.
(c) "Aquifer." A geologic formation that contains enough saturated permeable material to yield significant quantities of water.
(d) "Administering authority." The Kenton City Safety-Service Director or his/her designee(s).
(e) "Baseline quantity threshold (BQT)." The amount of a regulated substance that when used or stored at a facility in quantities equal to or in excess of the quantities specified herein are regulated by this chapter.
(f) "Best management practices (BMPS)." 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.
(g) "Dry well." A type of drainage well used for underground disposal of storm water runoff from paved areas, which include parking lots, streets, highways, residential subdivisions, building rooftops, agricultural areas, and industrial areas.
(h) "Facility." Any premises located in the wellhead protection area the use of which could impact the use of the underlying or adjacent aquifer for public drinking water supply. This definition includes, but is not limited to, buildings except private residential homes, storage area, industries, businesses, research facilities, institutions, recreational areas, mining, drilling or processing operations, farming operations, and planned unit developments with common maintenance areas.
(i) "Facility operator or owner." 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 onsite.
(j) "Five-year capture zone." The area located within the boundaries defined by the five-year time of travel (TOT) contour; these boundaries delineate the locations from which it should take water five years to reach the water supply wells.
(k) "Groundwater." Any water below the surface of the earth in a zone of saturation.
(l) "Injection well." An injection well is a device that places fluid deep underground into porous rock formations, such as sandstone or limestone, or into or below the shallow soil layer. These fluids may be water, wastewater, brine (salt water), or water mixed with chemicals.
(m) "Integrated pest management (IPM)." The careful consideration of all available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep pesticides and other interventions to levels that are economically justified and reduce or minimize risks to human health and the environment. IPM emphasizes the growth of a healthy crop with the least possible disruption to agro-ecosystems and encourages natural pest control mechanisms.
(n) "Materials safety data sheet." A document listing the properties of a particular substance, proper handling and disposal and its health effects.
(o) "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 title.
(p) "Nonconforming but regulated facility." Any existing facility or regulated substance storage unit in operation before the effective date of this title that would otherwise be prohibited within the designated WHPA.
(q) "One-year capture zone." The area located within the boundaries defined by the one-year time of travel (TOT) contour; these boundaries delineate the locations from which it should take water one year or less to reach the water supply wells.
(r) "Pesticides." Any agent (including herbicides, fungicides, and insecticides) used to kill insects, rodents, plants, or other living organisms.
(s) "Recreational areas." Land areas that are used for, but not limited to, athletic fields, driving ranges, golf courses, parks, and sod farms.
(t) "Regulated substances." Substances identified in Section 1284.05
which are regulated under the wellhead protection program.
(u) "Spill response plan." Detailed plans for control, containment, recovery, and cleanup of hazardous or toxic material releases.
(v) "Stormwater treatment practices (STPs)." Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution to stormwater runoff.
(w) "Underground storage tank (UST)." 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 ten percent or more beneath the surface of the ground. For the purposes of this title, the term does not include: pipelines, storm[water] and wastewater collection systems, flow through process tanks, septic tanks, and liquid traps.
(x) "Well." Any excavation, regardless of design or method of construction, used for the purpose of removing ground water from an aquifer, or for the purpose of determining the quality, quantity or level of ground water on a continuing basis.
(y) "Wellfield." A tract of land that contains a number of wells for supplying drinking water.
(z) "Wellhead protection area (WHPA)." The surface and subsurface area supplying water to wells or wellfields through which contaminants are likely to move and reach wells or wellfields within a period of one year (one-year capture zone) or five years (five-year capture zone).
(aa) "Wellhead protection buffer zone (WHPBZ)." The surrounding area from which surface drainage enters the five-year capture zone as, delineated by a line drawn along the drainage divide formed by the hills that surround the five-year capture zone.
(bb) "Wellhead protection program." 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. 21-001. Passed 2-22-21.)