This section describes the procedures of how the standards will be applied.
(a) Facility Registration. All facilities within the WHPA or WHPBZ must register with the administering authority.
(1) Two-year registration for facilities with regulated substances. Facility registration is required once every two years for any facility with onsite storage or use of regulated substances or for any facility determined by the administering authority to be a risk to the water supply (i.e., a potential pollution source) and therefore subject to regulation under this chapter.
(2) Six-year registration for facilities determined to be risk-free. If the administering authority or his/her designee(s) determines that certain facilities do not pose a risk to the City of Kenton water supply, they will be so notified in writing, and will subsequently need to register every six years, or when they have a change of use or ownership. Notwithstanding, such notification will not exempt such facilities from these regulations if the nature of their activities changes in the future.
(3) Registration shall be the responsibility of the facility owner or operator and shall be filed no later than December 31.
(4) Registration forms will be prescribed by the administering authority and will include, but not necessarily be limited to, the following:
A. Name, address, and phone number of the registered facility.
B. Facility operator name and number.
C. Emergency contact, address and phone.
D. Primary and where applicable, secondary business activities at the facility, and a brief description of how regulated substances are used at the facility.
E. The types, quantity, and location of regulated substances stored or otherwise used onsite. Where the regulated substance is identified by a common trade name or mixture, the primary chemical components must be identified.
F. MSDS sheets for all regulated substances that will be stored at the facility.
G. The manner of regulated substance storage.
H. A general description of any secondary containment or other spill containments and/or spill prevention measures used at the facility for regulated substance storage units or storage areas.
I. A general description of regulated substance waste disposal methods. Where applicable, the facility's hazardous waste generator identification number must be provided.
J. Where applicable, location of any groundwater monitoring equipment on the facility's property.
K. Where applicable, the location of any dry wells on the facility property.
L. Where applicable, the type of septic system used onsite and type of waste treated.
M. Employee training logs as required by division (d)(5) of this section, if the facility is a nonconforming but regulated facility.
N. The current spill prevention and control plan, including any potential updates as required by division (d)(4) of this section, if the facility is a nonconforming but regulated facility.
(b) Applicability. The administering authority will determine the applicability of this title. Facility registration is the responsibility of the facility owner and operator.
(c) Compliance with Existing, Federal, State, and Local Regulations. Facility operators subject to regulation under this chapter must comply fully with all existing applicable federal, state and local regulations in addition to all applicable requirements established herein.
(d) Nonconforming but Regulated Facilities and Land Use.
(1) Any nonconforming but regulated facility, regulated substance storage unit, or land use existing as of the effective date of adoption of, or amendment to, the provisions set forth in this chapter and which operates within the WHPA or WHPBZ is permitted to continue operation as a nonconforming but regulated use provided it remains otherwise lawful and complies with all applicable provisions of this chapter.
(2) Facilities that are determined to be nonconforming but regulated with provisions of this chapter must submit to the administering authority a ground water pollution prevention program tailored to the unique characteristics of the activities at their facility. Said program shall include, but not be limited to the following:
A. Spill prevention and control plan;
B. Secondary containment;
C. Handling and disposal; and
D. Employee training.
(3) Nonconforming but regulated facilities that have valid permits for continued operation shall maintain valid facility registration with the administering authority. Any lapse in facility registration may result in revocation of the permit for nonconforming use. If at any time the administrating authority determines that the activity of a nonconforming but regulated facility is an immediate danger to the water supply or that provisions made by such a facility to protect the water supply are insufficient, the administering authority may order temporary suspension of operations and/or removal of the regulated substance(s) from the facility until such time as the administering authority deems handling, use, and/or storage of the regulated substance(s) will not present a threat to the City of Kenton water supply.
(4) The spill prevention and control plan must be reviewed and updated as needed by the facility operator every two years. Any changes must be submitted for approval by the administering authority.
(5) All facility employees must receive annual training on the facility's groundwater pollution prevention program. The facility operator shall maintain a log of employee training sessions and submit a copy of the log to the administering authority at the time of facility registration.
(e) Alterations of Nonconforming Facilities.
(1) Any proposed expansion of a nonconforming but regulated facility will only be permitted if the following conditions are met:
A. No nonconforming but regulated facility shall be enlarged, extended, reconstructed, substituted or altered except under at least one of the following circumstances:
1. Nonconforming use made to conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use;
2. The expansion does not increase the amount of regulated substances at the facility; or
3. The containment and method of handling and disposal of all regulated substances reduces the level of risk due to improvements of quality of such procedures.
B. A monitoring well or wells must be installed if requested by the administering authority in consultation with the City's expert/consultant. All costs associated with installation of the wells, maintenance of the wells, and monitoring of the water quality will be paid by the nonconforming but regulated facility.
C. Proposed expansions of a nonconforming facility are subject to the requirements and review process of division (f) of this section.
(2) Discontinuance of a use. No building, structure or premises where a nonconforming use has ceased, for a period of one year or more, shall again be put to a nonconforming use.
(3) Replacing damaged buildings. Any nonconforming business building or structure damaged by more than sixty percent of the county auditor's true value, exclusive of the foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such happening.
(4) Repairs and alterations. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming facility provided the total structural repairs and alterations shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent of the county auditor's true value, or fifty percent increase of the footprint size of the usage, unless such business is permanently change to a conforming use.
(5) All procedures are monitored and approved by the administering authority in consultation with the City's expert/consultant.
(6) All costs for expert consultancy and/or monitoring well(s) associated with alterations of nonconforming but regulated facilities is borne by the owner or operator of the nonconforming but regulated facility.
(f) Restrictions and Plan Review for New Facilities and/or Expansions in the WHPA and WHPBZ.
(1) No new facilities that practice prohibited activities will be allowed to locate in the WHPA or WHPBZ.
(2) Any new facility and/or expansions that will be handling regulated substances shall submit all facility design plans and plans for use and storage of regulated substances to the administering authority for review. Such plans shall include:
A. A narrative report for the proposed facility including:
1. Description of proposed operations including chemicals/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/maintenance procedures;
2. Methods and locations of receiving, handling, storing, shipping and disposal of chemicals/products and wastes; and
3. Spill or release response measures and reporting.
B. A site plan including:
1. All existing and proposed structures;
2. Paved and unpaved areas;
3. Utility lines (inside and outside) including sanitary sewers, storm sewers, storm retention structures;
4. Floor drain locations and outlets;
5. Chemical/product and waste storage locations;
6. Liquid transfer areas;
7. Slope contours of finished grade at two-foot intervals.
C. Proposed containment area detail drawings including, area, heights, materials, and specifications.
D. Professional review by expert/consultant selected by the City with the cost to be borne by the developer or owner.
E. Proof of liability insurance or bond to cover cost of cleanup of possible contamination.
(3) All secondary containment systems required for new facilities and/or expansions in the WHPA or WHPBZ shall be:
A. Constructed of or lined with materials compatible with the regulated substance stored.
B. Constructed of materials of sufficient thickness, density, and composition so as not to be weakened from contact with the regulated substance or precipitation.
C. Free of cracks, joints, gaps, or other imperfections which would allow leakage through the containment.
D. Designed to contain the total volume of regulated substance stored.
(4) The administering authority or his/her designee(s) will review all plans submitted in compliance with this division (f) of this section and should approve, disapprove, or grant approval with conditions within forty-five days of receipt of such plans.
(g) Personal Storage Facilities. Regulated substances may not be stored in any new or existing personal storage facilities. The facility operator shall:
(1) Provide a list of regulated substances to all lessees.
(2) Require all lessees of personal storage units to sign a form stating that they have been informed of the relevant sections of this chapter and agreeing to not store regulated substances in the storage unit. The form will be prescribed by the administering authority and a template will be provided to facility operators.
(3) Keep signed forms in her/his possession for a period of one year following termination of the rental agreement. All forms must be made available for inspection to the administering authority upon request.
(Ord. 21-001. Passed 2-22-21.)