As used in this chapter, unless the context clearly states otherwise:
(a) "Abandoned well" means: (1) A well whose use has been permanently discontinued; (2) a well which is in such disrepair that its continued use for the purpose of obtaining groundwater is impractical; (3) a well which has been left uncompleted; (4) a well which is a threat to groundwater resources; or (5) a well which is or may be a health or safety hazard.
(b) "Above-ground storage tank" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which, including the volume of underground pipes connected thereto, is less than 10% beneath the surface of the ground.
(c) "Administrative Officer" means the individual responsible for coordination and implementation of the Wellfield Protection Plan.
(d) "Appeal" means a request for a review of the Administrative Officer's interpretation of any provision of this chapter or a request for a variance.
(e) "Aquifer" means saturated soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs or streams under ordinary hydraulic gradients.
(f) "Best management practice" means a schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of the environment. "Best management practices" also include treatment requirements, operating procedures and practices to control runoff, spills, and leaks.
(g) "Containment area" means an above-ground area with floors and sidewalls that have been constructed of a material which will prevent migration of fluids into the groundwater.
(h) "Contamination" means physical, chemical, biological or radiological substances or matter has adversely effected air, water or soil.
(i) "Engineering controls" means any combination of engineering, housekeeping or management practices that includes, but is not limited to, process modifications, containment devices, monitoring or other improvements that reduce environmental contamination.
(j) "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; includes but is not limited to buildings, retail or wholesale establishments, storage areas, mining or processing operations, septic tanks, farming operations, and related facilities.
(k) "Great Miami Buried Valley Aquifer System" means the Great Miami, Little Miami, and Mill Creek Basins of Ohio and the White Water River Basin in Indiana. The term applies to the aquifer system formed by the scouring and subsequent in-filling of bedrock valleys during glacial events.
(l) "Groundwater" means the water contained in interconnected pores located beneath the ground surface.
(m) "Nonconforming facility" or "nonconforming storage unit" means: (1) any existing facility or regulated substance storage unit which, as of the effective date of this chapter, would otherwise be prohibited within the WF-1 Overlay District; or (2) any new or existing facility or regulated substance storage unit which is in violation of any provision of this chapter.
(n) "Operator" means any person who is directly responsible for the overall operation of a facility.
(o) "Overlay district" means a district described on the zoning map, within which, through superimposition of a special designation, certain regulations and requirements apply in addition to those of the underlying zoning districts to which such designation is added.
(p) "Owner" means the person who owns a facility or part of a facility.
(q) "Potable water" means water that is suitable for human consumption as defined by the Safe Drinking Water Act.
(r) "Regulated substance" means those substances identified in Section 1287.06. A generic (but not inclusive) list is provided in the Appendix following this chapter.
(s) "Regulated substance storage unit" means any underground storage tank, above- ground storage tank, drum, tote, or other container used for the storage of regulated substances.
(t) "Release" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of substances regulated under this chapter upon or into any land or water.
(u) "Sole source aquifer" means an aquifer designated by the U.S. Environmental Protection Agency as the sole or principal source of drinking water for a given aquifer service area; that is, an aquifer which supplies 50% or more of the drinking water for that area.
(v) "Unauthorized release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a regulated substance in a quantity greater than one gallon from a facility into a containment system, into the air, into groundwater, surface water, surface soils, or subsurface soils. Unauthorized release does not include: intentional withdrawals of regulated substances for the purpose of legitimate sale, use, or disposal; and discharges permitted under Federal, State or local law.
(w) "Underground storage tank" means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances, and the volume of which, including the volume of underground pipes connected thereto, is 10% or more beneath the surface of the ground.
(x) "Well" means any excavation, regardless of design or method of construction, made for any of the following purposes: (1) removing groundwater from or recharging water into an aquifer, excluding subsurface drainage systems installed to enhance agricultural crop production or urban and suburban landscape management or to control seepage in dams, dikes, and levees and excavating made for the purpose of removing groundwater from an aquifer prior to or during mineral extraction; (2) determining the quantity, quality, level or movement of groundwater in or the stratigraphy of an aquifer, excluding borings for instrumentation in dams, dikes, levees, or highway embankments; (3) removing or exchanging heat from groundwater, excluding horizontal trenches that are installed for water source heat pump systems; or (4) constructing a vertical, cased shaft to be used as a receptacle for a telescoping jack or a hydraulic cylinder and plunger as part of a lifting mechanism for an elevator.
(y) "Wellfield" means an area which contains one or more wells for obtaining a potable water supply.
(Ord. 5412. Passed 4-4-00.)