(a) No person shall use any regulated substance in any wellfield protection area in violation of a law, statute, ordinance, rule or regulation.
(b) An existing use or approved use of any regulation substance within wellfield protection areas shall not be increased except in accordance with this chapter.
(c) Wellfield Protection Area 1.
(1) No person other than the owner of the property or persons acting with the consent of the owner shall enter Wellfield Protection Area 1; provided, however, authorized employee of agent of the city, environmental or regulatory agency representative and law enforcement and emergency officials with a demonstrated need for access may be allowed to enter Wellfield Protection 1.
(2) No person will use any regulated substance in Welllfield Protection area 1 for any purpose other than public water utility purposes.
(d) Wellfield Protection Area. Except as provided in subsection (d)(3), (4) and (5) of this section and in Section 928.09 hereof, no person shall use a regulated substance in a Wellfield Protection Area.
If the use of the regulated substance has been approved by the Director, or the regulated substance has been used in a wellfield protection area prior the effective date of this chapter, the user may use the regulated substance if it complies with the following procedures:
(1) Within one hundred eighty (180) days of the effective date of this chapter, or approved by the Water Superintendent, all users of regulated substance in a wellfield area shall submit an environmental audit ("Environmental Audit") of their facility. The environmental audit will address the following points:
A. A physical description of the facility which will include a site plan, which at a minimum will clearly define the location and boundaries of the facility.
B. The exact type, amount, physical characteristics and health effects of any regulated substance used.
C. The potential release of the regulated substance during its use or storage.
D. Any known prior release of regulated substances to the surface soil, subsoil and/or groundwater.
E. Recommendations for corrective actions if any prior releases as described in subparagraph (d) above have occurred; and plans and schedules for remediation of any recommended corrective action.
F. Plans and schedules for implementation of any recommended corrective action.
The environmental audit will be conducted by an independent, licensed engineering firm or licensed engineer not employed by the user and qualified to conduct such investigation. The user may submit an environmental audit conducted by a licensed engineer employed by the user, who is qualified to conduct such investigation; provided, however, the Water Superintendent reserves the right to have an independent environmental audit conducted at the user's expense. The Water Superintendent will complete his/her review of the environmental audit and send their comments, if any, within sixty (60) days of receipt of the environmental audit.
(2) Based on the results of the user's environmental audit and/or an independent audit conducted by the Water Superintendent, the Water Superintendent will, if appropriate, issue a notice of required corrective actions ("required corrective action"). The Water Superintendent shall issue such a notice of required corrective action within six (6) months of his/her receipt of the environmental audit. If the Director does not issue the required corrective action notice within a six (6) month period, the Water Superintendent then shall have the burden of proving that such required corrective action is necessary.
(3) The user will have three hundred sixty (360) days after the issuance of the required action in which to implement the required corrective action. If the required corrective action has not been implemented within this time, the Water Superintendent may conduct the remedial work at the user's expense. Failure to comply with the required corrective action will be subject to the penalties provided in Section 928.99 hereof. In addition, the facility will be classified as non conforming, and any future use by the owner or other future owners or users of any portion of the property will be required to conform as a nonuser of regulated substances, with the exception being those outlined in subsection (d)(5) of this section, or in accordance with Section 928.14.
(4) If the user has received the prior approval of the Water Superintendent for the use of the regulated substance or, if the environmental audit has been submitted or in the process of being submitted in accordance with this subsection (d) and the regulated corrective action has been completed or is in the process of being completed in accordance with the required action plan, the user may use regulated substances at the level approved by the Water Superintendent or the level in effect at the time this chapter becomes effective. If the user intends to expand the facility to use additional quantities and/or types of regulated substances consistent with nature of the business which was approved by the director or was being conducted at the facility when this chapter became effective, the user shall submit an environmental assessment of the estimated effect. The environmental assessment of estimated effect shall contain:
A. Statement of the estimated increase in quantity of regulated substances being considered, the exact type, amount, physical characteristics and known human health effects of the regulated substance;
B. An assessment of the potential for release of the regulated substance as the result of any change in the use or approved use and its potential health effect on the affected population.
Any increase in the quantity or change in the character of an approved or existing use of the substance will require the environmental assessment of established effect by the Water Superintendent. The Water Superintendent shall act on the EAEE within sixty (60) days of its receipt by him/her. If the Water Superintendent does not act within sixty (60) days, the increase or change in use shall be deemed denied.
(5) Those facilities which are in compliance with the provisions of this chapter will be issued a regulated substance user permit. This permit will be subject to yearly renewal. Renewal will be based on inspection conducted by the Water Superintendent or his/her designated agent.
(e) Exclusions. Notwithstanding and other provisions of this chapter to the contrary, exclusions set forth in this section (e) shall apply, and provide further that any spill, discharge or mishandling shall be subject to the provisions of Section 928.12(b) of this chapter. Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity.
(1) A limited exclusion from the prohibition and requirements of this chapter is hereby authorized for including use of regulated substances in Wellfield Protection Area II in the following amounts:
A. The aggregate of regulated substances in use may not exceed two (2) pints or two (2) pounds, whichever is less, at any time;
B. The total use of regulated substances may not exceed ten (10) gallons or eighty (80) pounds, whichever is less, in any twelve (12) month period.
(2) A limited exclusion from the prohibitions and requirements of this chapter is hereby authorized for non routine maintenance or repair of property or equipment in Wellfield Protected Area II involving the following amounts:
A. The aggregate of regular substances in use may not exceed ten (10) gallons or eighty (80)pounds, whichever is less at any time;
B. The total use of regulated substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
(3) An exclusion is hereby authorized for retail activities in Wellfield Protections Area II, provided said activities use any regulated substances for sale in their original unopened containers of two (2) gallons each or sixteen (16) pounds each, or less, and having a maximum aggregate inventory of regulated substances not to exceeding two hundred fifty (250) gallons or two thousand (2,000) pounds at any time. Any person claiming such exclusion shall submit an environmental audit to the Water Superintendent within one hundred eighty (180) days of the effective date of this chapter or the date it starts to use the regulated substance.
(4) An exclusion is hereby authorized for the transportation of regulated substances through the Wellfield Protection Area II, provided however, that the transporting vehicle is in compliance with applicable city ordinances and federal and state law and regulations, and provided that regulated substances are fueling the transporting vehicle or the transporting vehicle is in continuous transit, making deliveries, or is stopped for a periods of time not to exceed twenty-four (24) hours.
(5) An exclusion is hereby authorized for the use of antifreeze, oil, fuel or other petroleum lubricants in the operation of a motor vehicle, farm equipment, and construction equipment in both Wellfield Protection Area I and Wellfield Protection Area II and for mining equipment only in Wellfield Protection Area II to the limited extent those substances are being used by the motor vehicle or equipment only in operation or are contained within reservoir or tanks of the motor vehicle or equipment when not in use.
(6) Exclusion is hereby authorized for the use of oil, fuel or petroleum lubricants for the refueling and maintenance or farm equipment, construction equipment, and mining equipment only in Wellfield Protection Area II to the limited extent that these substances are necessary for the day's refueling and maintenance of equipment. The overnight storage of these substances or daily storage of these substances in quantities which are unreasonably in excess of what is needed for a day's refueling and maintenance of the equipment is not authorized by this exception. A spill prevention countermeasures and control (SPCC) plan as described in Section 928.12(b)(3) shall be submitted to and approved by the Water Superintendent prior to any use of this exception.
(Ord. 175(14-15). Passed 11-6-14.)