(a) Reports Generally.
(1) Applicability. Any person, persons, or activity located within a Wellfield Protections Area (WP I or WF II) shall be in compliance with all provisions of paragraph (a)(2) of this section within one hundred and eighty (180) days of the effective date of this section except:
A. Owners and occupants of single or duplex residences are expressly excluded from reporting requirements of paragraph (a)(2) of this section if such use and occupants are otherwise in compliance with the provisions of this chapter.
(2) Reports. Any owner or occupant of any land within a wellfield protection area shall file applicable reports with the Water Superintendent within one hundred (100) days of the effective date of this section, except as provided in (a)(1) of this section.
A. The report filed by the owner or occupant shall contain information deemed necessary by the Water Superintendent for determination of compliance within this chapter, other City ordinances and Ohio and federal laws and regulations. Such information shall be provided by completion of an environmental audit and, when required, an environmental assessment of estimated effect. The scope of information for these reports shall be designed and supplied by the Water Superintendent.
B. Information contained in any submittal and designated by person or activity as confidential shall only by considered confidential to the extent allowed under the Ohio Public Records Law and other applicable state and federal laws.
C. A person who owns, operates or occupies more than one facility in a wellfield protection area must make separate information submitted for each facility.
D. Operators of industrial mining facilities who are users of regulated substances shall comply with these reporting requirements, as well as the provisions of Section 928.10.
(3) Falsifying information. No person shall make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or falsify, tamper with, or render inaccurate any monitoring device or method required under this Section.
(4) Retention of records. Any reports or records compiled or submitted pursuant to this section shall by maintained by the user for a minimum of six (6) years or so long as enforcement or judicial proceedings are being pursued, whatever is longer.
(b) Reporting of Spills, Leaks or Discharges.
(1) Any person with direct knowledge of a spill, leak or discharge of a regulated substance within a wellfield protection area shall, if such spill, leak or discharge escapes containment, contacts a nonimpervious ground surface and is not immediately and completely remediated, give notice to the City Water Superintendent or the Marietta Fire Department by telephone. The notification shall be made within three (3) hours of the incident and shall include at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, state, and federal reporting obligations as required by law.
(2) Any entity or person who spills, leaks or discharges a regulated substance(s) shall be liable for the reasonable expense, loss or damages incurred by the city in response to such an incident, in addition to the amount of any fines imposed on account thereof under local, state and federal laws; said person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spill, leaks or discharges as soon as practicable following the incident, but not later than one hundred eighty (180) days after the incident and submit a complete report for the Water Superintendent's approval incorporating a detailed history of the spill, corrective action taken, and a plan for prevention of such incident.
(3) Any person or activity located in a wellfield protection area shall provide spill prevention control and other pollution abatement methods or facilities to adequately minimize or eliminate the accidental discharge of spills of any regulated substances. Such control and abatement methods and facilities shall be provided and maintained at said person's cost and expense. Detailed plans showing facilities and operating procedures sufficient to provide this protection shall be submitted to the Water Superintendent as a component of the environmental assessment of estimated effect report for review and approval by the Water Superintendent prior to the construction of facilities. Review and approval by the Water Superintendent of said plans and operating procedure shall not relieve the user from the responsibility to modify the facility as necessary to meet the requirements of this chapter.
(4) Signs shall be permanently posted in conspicuous places on the premises in locations where regulated substances are, or may be used, advising employees whom to call in the event of a spill or accidental discharge. All persons who may cause or discover such an incident shall be trained in emergency procedures by the owner operator.
(5) The City shall post signs in conspicuous places advertising transporters of regulated substances whom to call in the event of a spill or accidental discharge. (Ord. 175(14-15). Passed 11-6-14.)