This section establishes specific standards for specific source categories that go beyond the general provisions already established in this chapter.
(a) Permitted Uses of Pesticides and Fertilizers.
(1) Land application and storage of less than the BQT of pesticides and fertilizers is permitted on land that is part of individual private residences and on landscaped areas of businesses where the application of the pesticide or fertilizer is for maintenance of the landscaped area. Persons owning or occupying land where the application of fertilizers and pesticides is permitted shall use ecological, least-toxic biological (and/or mineral) materials and physical measures in place of regulated substances except where the administering authority or his/her designee(s), after reviewing the reasons, amount, and method of application, has permitted a single event application of regulated substances that are determined not to pose a risk to the water supply.
(2) Land application of pesticides is permitted where application is for protection of a structure (or vegetation) from damage from an existing pest infestation. For land application of chemical or other pesticides not recognized to be ecological, least toxic biological (and/or mineral) materials, application must be made to the administering authority or his/her designee(s) for approval to use the pesticide and must show that least toxics are not adequate for the pest control problem and that the chemical will not pose a risk to the water supply. The administering authority must approve the application of the proposed pesticide and under what conditions it may be applied by the applicant. The pesticide must be limited to the place and time of the infestation.
(b) Agricultural Activities. Agricultural activities (operations) in the wellhead protection area (WHPA) must employ agricultural best management practices (BMP's) including integrated pest management (IPM) strategies. Use of chemical fertilizers, pesticides, herbicides and fungicides must consist of least toxic low leaching potential compounds. Information pertaining to the leaching potential of specific pesticides, herbicides, and fungicides can be found in the 2016 North Carolina Agricultural Chemicals Manual, (North Carolina State University, December, 2015, Chapter I). All mixing and storage of bulk chemicals must take place off-site and out of the WHPA. A schedule of operations must be submitted to the administering authority and to include the following details:
(1) Location within the WHPA.
(2) Acreage to be impacted .
(3) Crops to be employed.
(4) Dates of operations to include all activities.
(5) A comprehensive list of all fertilizers, pesticides, herbicides, and fungicides to be used. This information must include copies of safety data sheets (SDS) and labels for all materials, equipment to be deployed, and approximate dates of application. Justification for the use of chemical controls must accompany this information. Fertilizer applications must include soil data indicating what deficiencies exist and at what rate fertilizers will be applied to achieve the needed result. Any changes to the list of chemicals to be employed and/or application frequency must be approved by the administering authority prior to implementation.
(6) Proof of proper calibration of all application equipment.
(7) Licensure status of all service personnel. All applications must be conducted by applicators licensed by the State of Ohio where applicable.
(8) Stormwater runoff and erosion control plans and structures.
All information must be submitted to the administering authority at least thirty days before the anticipated start of operations. No operations are to commence without the approval of the administering authority. The property owner is responsible for all actions occurring on his/her property. In the event of a lease agreement, the property owner is equally accountable. Any violations are subject to the provisions of Section 1284.08
(b). In accordance with Section 1284.08
(b)(2), the property owner is responsible for all costs associated with clean-up and remedial expenditures required to restore a site to its condition as it existed before any violations.
(c) Recreational Areas.
(1) Recreational areas located in the WHPA or WHPBZ that may be permitted to use grounds maintenance substances including, but not limited to, fertilizers (organic or inorganic), pesticides and herbicides, must follow best management practices (BMPs) in order to minimize runoff and erosion and the leaching of fertilizers and pesticides. To be permitted, all recreational areas within the WHPA or WHPBZ that use grounds maintenance substances must submit on an annual basis for approval to the administering authority or his/her designee(s) a ground maintenance substance application program. The program must provide a schedule of application and describe the types and quantities of substances used and the method of application. The administering authority or his/her designee(s) may conduct inspections of recreational areas to check for compliance with BMPs and to determine that fertilizers, herbicides, and pesticides are not being applied in amounts exceeding what has been determined to be the minimal amount necessary for grounds maintenance. The following BMPs must be employed where application of fertilizers and pesticides are used to manage plants for recreational areas:
A. Grasses and other plantings must be selected that are culturally and climatically well adapted to the site to increase pest resistance and also to reduce irrigation and fertilization requirements.
B. Fertilizers must be applied at the minimum levels required to obtain the desired plant quality.
C. Slow-release fertilizers with low leaching potential must be used to reduce potential effects to groundwater quality.
D. Onsite erosion must be controlled to prevent sediment and nutrients from contaminating lakes, ponds, streams, and wetlands.
E. Irrigation programs must be designed to decrease surface water runoff and to minimize potential nutrient leaching.
F. A buffer of thirty feet must be maintained around all surface water bodies in which no chemical application can take place.
G. An integrated pest management (IPM) program should be used to keep pests at acceptable levels while minimizing the potential for groundwater contamination.
H. If pesticides are used on recreational areas, only those with low leaching potential may be used to reduce the potential for groundwater contamination.
I. Storage of grounds maintenance chemicals in excess of the BQTs is prohibited within the WHPA and WHPBZ.
(2) Any spills of regulated substances, including but not limited to, pesticides and fertilizers, shall be reported to the Safety-Service Director or his or her designee immediately upon detection of the spill.
(3) Plan review for recreational facilities:
A. Before any construction begins, developers must submit to the administering authority or his/her designee(s), a plan of the proposed layout and subsurface design of the area. The plan must be approved before any construction may begin. This design shall include all features and structures of the facility, for example: buildings, roads, parking lots, fences, practice ranges, tees, greens, fairways, playing fields, bleachers, dug outs and goals.
B. Before any construction begins developers must submit a plan for the management of stormwater runoff, including the location of any ponds (ponds may be required to have impermeable liners), which must be approved by the administering authority or his/her designee(s).
C. Plans must include filtering runoff through vegetative means, and/or other filtering means, if hydrogeologic data deem necessary.
D. Any changes to approved plans must be submitted for approval.
(d) Construction Activities.
(1) Regulated substances associated with paving, the pouring of concrete, or construction for which all necessary permits have been obtained may be handled in the WHPA provided such regulated substances are present at the construction site for which the permits have been issued and do not pose a real and present danger of contaminating surface or groundwater. All wastes generated during construction shall be removed from the construction site on a timely basis and disposed of in accordance with all applicable rules and regulations. If construction activity has ceased, all regulated substances shall be removed from the site in compliance with Section 1284.05
(e).
(2) Any development involving earthmoving and grading operations in the WHPA shall comply with the requirements of Chapter 1220
regarding erosion and sediment control.
(3) All prophylactic termite treatment for new construction in the WHPA shall consist of nontoxic methods and/or bait system terrniticides; all developers will notify potential buyers of this provision and demonstrate to the administering authority that they have done so.
(4) Excavations within the WHPA shall be allowed only for construction activities, surfacewater drainage control purposes, or landscaping purposes, and only upon approval of the administering authority or his/her designee(s). All excavations within the WHPA shall be performed in such a way as to minimize the contamination of soils and other deposits with hazardous matter.
(5) For new developments and/or subdivisions that institute a covenant of conditions and restrictions for lots within the subdivision in the WHPA and WHPBZ, all conditions/restrictions of the covenant must be in compliance with this chapter and the covenants must state that compliance with any City of Kenton wellhead protection plan or ordinance is required.
(6) If stormwater runoff is determined to be a possible source of contamination by the administering authority, a creation of a vegetative buffer shall be required.
(e) Fill Operations. All fill operations shall use clean, hard fill materials and shall be approved by the administering authority prior to the commencement of fill activities.
(1) Fill dirt shall not contain fly ash, sewage sludge, asphalt, shingles, construction debris or any other material prohibited by any local, state, or federal regulation.
(2) All fill operations must comply with local, state, and federal law including, but not limited to, R.C. Chapter 3714, and OAC Chapter 3745. In accordance with OAC 3745-400-05, a written notice of "intent to fill" shall be filed with the Hardin County Health Department as required by this rule and shall also be filed with the administering authority. Such notice is required to be filed seven days prior to the commencement of fill operations.
(3) All fill sites shall have limited, controlled access, and be posted with signage indicating: "Wellhead protection area. Up to $10,000.00 fine for illegal dumping or fill materials. No asphalt, shingles, construction debris, or any other prohibited material." The site must be secured during unauthorized times with emergency contact information posted.
(4) Any violation of this section shall be subject to the penalty provisions of Section 1284.08.
(f) UST Systems. All UST systems must be registered. Registration information shall include, but not limited to the following:
(1) Facility name, address, and phone;
(2) Facility operator, address, and phone;
(3) Number, size, construction, date of installation and location of UST's;
(4) Regulated substances stored in UST's;
(5) Brief description of the type of monitoring equipment used for tanks;
(6) Whether double-walled tanks and leak detection systems are in place and brief description of systems; and
(7) Schedule for inspections and certifications of inspectors.
(g) Aboveground Storage Tanks. Permanent aboveground fuel storage tanks shall be prohibited in the WHPA unless required by state or federal agencies as emergency power backup for medical facilities. Temporary aboveground fuel storage tanks may be permitted for construction purposes provided they are of state-of-the-art construction, have leak detection monitoring devices, and have secondary containment approved by the local fire authority.
(h) Household Sewage Treatment Systems (Septic Systems). The Hardin County Health Department (HCHD) governs residential sewage treatment systems. All residential sewage treatment systems shall be permitted in writing by the HCHD and maintained by the owner in accordance with HCHD regulations. Such systems shall be periodically pumped out at intervals recommended by the HCHD. Commercial sewage treatment systems are governed by the Ohio Environmental Protection Agency. All commercial septic systems shall be permitted in writing by the Ohio Environmental Protection Agency and shall be maintained in accordance with state law.
(i) Surface Water Impoundment. Any ponds or other surface impoundment of water for any reason or purpose within the WHPA, must be managed to exclude contamination by any toxic or hazardous substance. If determined by the administering authority that an impermeable liner is necessary to prevent contamination of groundwater from the pond, then the owner of the land shall be responsible for providing such a liner. Liners must be repaired or replaced as needed to function as a barrier to potential hazardous substances.
(Ord. 21-001. Passed 2-22-21.)