As used in the wellfield protection rules:
(1) "Above-ground tank means a device meeting the definition of "tank" in this rule but which is not an underground storage tank as defined in subsection (30) of this section.
(2) "Aquifer" means a geological formation, group of formations, or part of a formation capable of yielding a sufficient amount of ground water to wells or springs.
(3) "Board" means the board of wellfield protection appeals.
(4) "CERCLA" means the Comprehensive Environmental Response Compensation, and Liability Act, as amended by the Superfund Amendment and Reauthorization Act. 42 U.S.C. Sec. 9601 et seq.
(5) "Certification" means a statement of professional opinion based upon knowledge and belief.
(6) "Day" means a calendar day.
(7) "Director" means the Water Superintendent of the City of Marietta, Ohio or his designee.
(9) "Environmental Assessment of Estimated Effect" of "EAEE" means an environmental assessment of established effect as required by Section 928.08 hereof.
(10) "Facility" means any premises located in a wellfield 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 areas, industries, businesses, research facilities, institution, recreational areas, mining, drilling or processing operations, septic tanks, farming operations, public assembles, planned unit developments with common maintenance areas, and related activities.
(11) "Ground water" means water below the land surface in a zone of saturation.
(12) "Hazardous waste" means hazardous waste as defined in rule 3745-51-03 of the Ohio Administrative Code or its successors.
(13) "Journal" means the record or document into which all final actions of the director are entered.
(14) "Mineral" processing waste" means the sands, fine sands, silts, and clays which are residual materials generated from on-site mineral processing activities.
(15) "Month" means a calendar month.
(16) "NRCA" means No Requited Corrective Activity.
(17) "Operator" means any person who is directly responsible for the overall operation of a facility.
(18) "OSHA" means the Occupational Safety and Health Act 29 U.S.C. et seq.
(19) "Owner" means the person who owns a facility or part of a facility.
(20) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation (including government corporations), partnership, association, the state, a municipality, commission, political subdivision of the state, or any interstate body.
(21) "Regulated substance" means any substance which the director has designated and listed according to the provisions of 928.06 of this chapter.
(22) "Response Conservation and Recovery Act" or "RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6901 et seq.
(23) "SDWA" means the Safe Drinking Water Act as amended, 42 U.S.C., Sec. 300f et seq.
(24) "Spill" means the spillage, leaking, pumping, pouring, emitting, or dumping of regulated substance or material which, when spilled, become regulated substances into or on any land or water.
(25) "State" means the state of Ohio.
(26) "Storage" means the holding of regular substances for a temporary period, at the end of which the regulated substance is treated, disposed of, or stored elsewhere.
(27) "Tank" means a statuary device, designed to contain an accumulation of regulated substances which is constructed primarily of nonearthen material (e.g., wood concrete, steel, plastic) which provides a structural support.
(28) "Tank system" means regulated substances storage or treatment tank and its associated ancillary equipment and containment system.
(29) "TSCA" means the Toxic Substance Control Act, as amended, 15 U.S.C. 2601 et seq.
(30) "Underground storage tank" or "UST" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substance and the volume of which (including volume of underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground.
(31) "Use" means the handling, placement, deposit, production, transportation, processing, transfer, treatment, storage, disposal maintenance or installation of regulated substances.
(32) "User" means any person who uses regulated substances.
(33) "Utilities Department" means Department of Public Utilities of the City of Marietta, Ohio.
(34) "Waste" means a waste as defined in rule 3745-51-02 of the Ohio Administrative Code or its successors. Mining overburden which remains on-site shall not be considered for purpose of this chapter.
(35) "Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled brick, or tubing to prevent the earth from collapsing.
(36) "Wellfield protection Area I or WWPI" is defined by the one-year travel time contour based on the groundwater gradients of the area designated on the Water Superintendent's hydro geologic map of any present or future city-owned and operated public water supply well.
(37) "Wellfield protection Area II or WWPII means the land area surrounding any public water supply wellfield not included in WWPI which is defined by the five-year travel time contour based on the groundwater gradients of the area designated on the Water Superintendent's hydro geologic map. WPI and WPII are hereafter sometimes referred to as the wellfield protection areas.
(38) WWI and WWII are hereafter sometimes referred to as wellfield protection area or areas. (Ord. 175(14-15). Passed 11-6-14.)