§ 151.105 USE, STORAGE, AND HANDLING OF HAZARDOUS SUBSTANCES; STORAGE AND DISPOSAL OF SOLID, LIQUID, AND SANITARY WASTES.
   (A)   It shall be unlawful for any person, firm, corporation, or other legal entity to pollute, impair, or destroy the air, water, soils, or other natural resources within the village through the use, storage, and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous, and/or sanitary wastes.
   (B)   Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall obtain the necessary permits or approval from the appropriate federal, state, or local authority having jurisdiction.
   (C)   Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall complete and file a hazardous chemicals survey on a form supplied by the village in conjunction with the following:
      (1)   Upon submission of a site plan;
      (2)   Upon any change of use or occupancy of a structure or premises; and
      (3)   Upon any change of the manner in which the substances are handled, and/or in the event of a change in the type of substances to be handled.
   (D)   All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards.
      (1)   Above-ground storage and use areas for hazardous substances.
         (a)   1.   Secondary containment of hazardous substances and polluting materials shall be provided.
            2.   Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
         (b)   Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage, and vandalism.
         (c)   Secondary containment structures such as out buildings, storage rooms, sheds, and polebarns shall not have floor drains.
         (d)   Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where the materials are handled and used, shall be designed and constructed to prevent discharge or runoff.
      (2)   Underground storage tanks. Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with requirements of the appropriate federal, state, or local authority having jurisdiction.
      (3)   Loading and unloading areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.
   (E)   All site plans for businesses or facilities which use, store, or generate hazardous substances shall be reviewed by the Fire Department, Village Engineer, and any other appropriate experts determined necessary by the Planning Commission prior to approval by the Planning Commission.
(Ord. 239, passed 3-5-2001, § 6.6) Penalty, see § 151.999