The following standards shall apply to the protection of groundwater.
(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AQUIFER RECHARGE AREA is the areal presentation of “hydrologic setting 7-D” together with any "gravel pit/quarry," as defined upon any Groundwater Pollution Potential Map (generated using the DRASTIC process) for Hamilton and/or Clermont and/or Warren Counties or portions thereof.
(2) ASBESTOS means a group of naturally occurring minerals that separate into fibers of high tensile strength, are resistant to heat, water and chemicals, including; but not limited to chrysotile, crocidolite, actinolite, and anthophylite and their related asbestiform materials.
(3) CONSTRUCTION/DEMOLITION WASTE means materials discarded during the alteration, construction, destruction, rehabilitation or repair of any manmade structure or improvement, which such materials include, by way of illustration and not limitation, glass, wallboard, framing and/or finishing lumber, roofing materials, plumbing fixtures, wiring and insulation. However, materials such as concrete, asphalt, building, or paving brick or building or paving stone shall not be considered “construction/demolition waste.”
(4) DISPOSE or DISPOSING means discharging, depositing, dumping, spilling, leaking, or placing of any waste material into or upon land or ground or surface water except for such dispositions or placements constituting "storage."
(5) FILL or FILLING as a verb means placing any waste material into or upon the ground, except for such disposition or placements constituting "storage."
(6) FLYASH means fine particles of ash of a solid fuel carried out of the flue of a furnace with the waste gases produced during combustion.
(7) HAZARDOUS WASTE means any waste or combination of wastes in solid, liquid, semisolid, or contained gaseous form, which because of its quantity, concentration, or physical or chemical characteristics, may:
A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
B. Pose a substantial present of potential hazard to human health or safety or to the environment when improperly stored, treated, transported, disposed of, or otherwise managed.
HAZARDOUS WASTE herein includes any substance identified by federal or state law or regulation as "hazardous waste."
(8) INFECTIOUS/MEDICAL WASTE includes, but is not limited to all of the following substances or categories of substances as may be further defined by the Ohio Revised Code:
A. Cultures and stocks of infectious agents and associated biologicals; or
B. Laboratory waste; or
C. Pathological waste; or
D. Waste material from the rooms of humans, or the enclosures of animals; or
E. Human and animal blood specimens and blood products; or
F. Contaminated carcasses, body parts, and the bedding of animals; or
G. Sharp waste used in the treatment or inoculation of human beings or animals; or
H. Waste from patients isolated with highly communicable diseases.
(9) MATERIALS FROM MINING OPERATIONS means materials, other than sand and gravel, which are from, or which are a byproduct of, material extracted from "mines," as defined in the Ohio Revised Code.
(10) NUCLEAR WASTE means discarded radioactive material, whether solid, liquid or gaseous, which emits ionizing or nonionizing radiation spontaneously, including accelerator-produced and naturally occurring materials, or any waste which contains materials in concentrations which exceed federal or state safety limits for such materials.
(11) PERSON means any political entity or subdivision or any public or private corporation, individual, partnership, association, organization or other entity held to be a "person" by the courts of the State of Ohio.
(12) SITE means one or more parcels of real property which are owned by the same person and which are contiguous to each other. Such parcels are deemed to be contiguous even when bisected by a public or private right-of-way, or when located across a public or private right-of-way from one another and when they have a common frontage or otherwise abut the same public or private right-of-way.
(13) SLAG means the more or less completely fused and vitrified matter separated during the reduction of a metal from its ore, commonly called "cinder."
(14) SOLID WASTE means discarded solid or semisolid waste material as results from industrial, commercial, agricultural, and community operations, and includes, but is not limited to, garbage, tires, combustible and noncombustible material, street dirt and street debris.
(15) SPENT TOXIC OR NONTOXIC FOUNDRY SAND means any material that has been used for producing castings in molten metal and as a result of contamination can no longer serve the purpose for which it was produced without reprocessing.
(16) STORAGE means the holding of a material for a temporary period in such a manner that it remains retrievable and substantially unchanged physically and chemically, with the intention that at the end of such period, such material is to be treated, disposed of off site, stored elsewhere, consumed, reused, recycled or reclaimed in a beneficial manner.
(b) Prohibitions Within Groundwater Protection. The following shall regulate groundwater protection:
(1) Within the boundaries of the Groundwater Protection District as the same is depicted on the zoning map of the City, no person shall dispose of or fill, or cause or allow the disposal or filling of, any of the following materials in, under or upon any real property:
A. Materials from mining operations;
B. Toxic or nontoxic flyash;
C. Spent toxic or nontoxic foundry sand;
D. Slag;
E. Asbestos or asbestos-containing materials; or
F. Construction/demolition, hazardous, infectious/medical, nuclear or solid waste.
(2) The Groundwater Protection District's boundary shall at a minimum include the boundaries of a sole source aquifer designated by the Administrator of the U.S. Environmental Protection Agency under the Safe Water Drinking Act of 1974, the 100 year flood plain of a water course as those boundaries are depicted upon any official applicable maps or plats prepared pursuant to the National Flood Insurance Act of 1968 and the Aquifer Recharge Area as defined in subsection (a) hereof.
(c) Certain Materials Allowed by Permit. Within the boundaries of the Groundwater Protection District as the same is depicted on the zoning map of the City, no person shall dispose of or fill, or cause or allow the disposal or filling of, concrete and concrete products, asphalt and asphalt products, building or paving brick building or paving stone, or tree debris, except upon the site which generated same, without first obtaining a written permit in accordance with subsection (d) hereof.
(d) Permit Process and Appeals.
(1) The process of issuing a permit pursuant to subsection (c) hereof shall be undertaken by the City Administration. City Administration shall establish, subject to Council's approval, permitting procedures, fees and forms. Applications for permits shall be issued by the City Manager or the City Manager's designee.
(2) Appeals from decisions to deny a permit shall be taken to the Board of Zoning Appeals pursuant to the process outlined in Section 1111.12.
(e) Penalties. Any person convicted of a violation of this section shall be guilty of a second degree misdemeanor. Each day or violation shall be a separate offense.
(f) Regulation of Disposal and Fill. In order to regulate disposal and fill, all provisions of this section are hereby extended to those areas within the municipal corporation limits of the City which lie outside of the Groundwater Protection District boundary.