(a) Regulated substances are chemicals and mixtures of chemicals which are hereby deemed to be a health hazard. The director shall establish and maintain a list of these substances subject to annual review and modification. The initial list of these substances and any subsequent modifications of the list shall be subject to public notice and appeal to the board in Section 928.13. Regulated substances may include any of the following
(1) Chemicals which are regulated by SDWA, TSCA, RCRA, OSHA, CERCLA, or other state and/or federal environmental laws and regulations, or for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxin, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, obnoxious substance causing odor and taste problems, and agents which damage the lungs, skin, eyes, or mucous membranes.
(2) Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
(3) Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one (1) percent or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one (0.1) percent or greater than the composition on a weight per weight basis.
(4) Ingredients of mixtures prepared within a wellfield protection area in cases where such ingredients are health hazards except those ingredients which comprise less than one tenth of one percent (0.1) percent of the mixture (on a weight per unit weight basis) if carcinogenic, or less than one (1) percent of the mixture (on a weight per unit weight basis) if noncarcinogenic.
(5) Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids)
(6) Brine and/or fluid waste produced in drilling, completion, and hydraulic fracturing (fracking) in production of oil and gas.
(7) Pesticides and herbicides.
(8) Other substances which in the judgment of the Water Superintendent, poses a potential health hazard to the water supply or to human health.
(Ord. 175(14-15). Passed 11-6-14.)