(a) Regulated Substance Activity Inventory.
(1) Except as provided in division (b) of this section, any owner or operator of land or a facility in the WF-1 Overlay District at the effective date of this section shall file a regulated substance activity inventory report with the Administrative Officer. Said inventory shall be filed within 180 days of the effective date of this section and at 12-month intervals thereafter.
(2) Except as provided in division (b) of this section, any new owner or operator of land or a facility in the WF-1 Overlay District shall file a regulated substance activity inventory report prior to receipt of a certificate of occupancy and at 12-month intervals following the date of occupancy. For purposes of this section, "new" shall be defined as subsequent to the effective date of this section.
(3) Any facility owner or operator required to register a facility or regulated substances storage unit with another Federal, State or local authority may submit a copy of that registration to the Administrative Officer to satisfy the registration requirements in this chapter, provided the required information is addressed in the copied information.
(4) Where a person owns, operates, or occupies more than one location, regulated substance activity reports shall be made for each location.
(5) Agricultural uses shall file a regulated substance activity inventory report within 180 days of the effective date of this chapter and at 12-month intervals thereafter. Regulated substance activity inventory reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
(b) Exclusions from Regulated Substance Activity Inventory Reporting.
(1) Any exclusion set forth in this division (b) shall apply, provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, well or wellfield; and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of Section 1287.10. Any exclusions granted herein shall not remove or limit the liability and responsibility of any person or activity involved.
(2) A limited exclusion from regulated substance activity inventory reporting is hereby authorized for incidental uses of regulated substances, provided the aggregate of regulated substances in use does not exceed 25 gallons or 200 pounds at any time.
(3) A limited exclusion from regulated substance inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment, provided the aggregate of regulated substances in use does not exceed 100 gallons or 800 pounds at any time.
(4) A limited exclusion from regulated substance activity inventory reporting is hereby authorized for regulated substances which are cleaning agents, provided however, such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
(5) A limited exclusion from regulated substance activity inventory reporting is hereby authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed 50 gallons or 400 pounds of each substance and the aggregate inventory shall not exceed 200 gallons or 1600 pounds.
(6) A limited exclusion from regulated substance activity inventory reporting is hereby authorized for the transportation of regulated substances through the WF-1 Overlay District, provided that the transportation vehicle is in compliance with applicable local, State and Federal laws and regulations; provided that the regulated substance is fueling the transportation vehicle; and provided that the transportation vehicle is in continuous transit, making delivery or is stopped for a period of time not to exceed 48 hours.
(7) A limited exclusion from regulated substance activity inventory reporting is hereby authorized for owners and occupants of single- or two-family residences, provided, however, the storage and use of regulated substances are related to the maintenance or cleaning of the residence or vehicles under control of the occupant, and provided waste regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly-owned wastewater treatment works.
(c) Regulated Substance Spill Control Plan. In addition to the regulated substance activity inventory reporting, any owner or operator of land or a facility in the WF-1 Overlay District must submit a written Regulated Substance Spill Control Plan (SCP) to the Administrative Officer within one year of the effective date of this chapter. Any SCP developed in compliance with other Federal, State or local regulatory programs which includes the specified information satisfies the requirements of this provision.
(1) The SCP must specify:
A. The location of the regulated substance storage area(s);
B. The type(s) and approximate quantity of regulated substances stored in the area;
C. Potential hazards (including activities) to the regulated substances stored in the area;
D. All openings/routes through which a release from the storage area would potentially flow, including floor drains, doorways, storm sewers, dry well, streams, and other openings/routes on the facility's property and within 100 feet beyond the property line;
E. Emergency response procedures to be followed in the event of a release, including specific points of contact for releases (must involve a person in a decision-making capacity), evacuation procedures, and emergency notification procedures for appropriate Federal, State and local agencies; and
F. Available emergency equipment and location of equipment.
(2) All SCPs must be filed on-site and made available on request to the local fire department or other inspection authority. All employees must be annually trained on the release procedures outlined in the SCP. Copies of the SCP must be readily available for employee use in work areas in or near regulated substance storage areas.
(d) Authority of Administrative Officer. The Administrative Officer is hereby appointed to administer and implement this chapter.
(e) Duties and Responsibilities of Administrative Officer. The duties of the Administrative Officer shall include, but are not limited to:
(1) Inventory reporting review. Review all regulation substance activity inventory reports to determine that the requirement of this chapter has been satisfied.
(2) Information to be obtained and maintained. Maintain for public inspection all records pertaining to the provisions of this chapter.
(3) Inspections.
A. Inspections to assure compliance and to investigate alleged violations of this chapter will be conducted annually at facilities with regulated substances and may be conducted at any time in accordance with the requirements of the law. Whenever necessary to make an inspection or to enforce this chapter, any facility or premises may be entered at all reasonable times upon presentation of proper credentials and demand for entry. If entry is refused, recourse shall be had to every remedy provided by law to secure entry.
B. Upon request, the owner or operator of any facility at which regulated substances are used, stored, or produced shall furnish the Administrative Officer all information then currently available to the facility deemed necessary by the City to monitor compliance with this chapter.
(4) Certificates of occupancy. Upon application of a certificate of occupancy for a use within the WF-1 District, the Administrative Officer may employ such technical expertise as needed to ensure compliance with the provisions of this chapter. All costs incurred in the compliance review process shall be passed through to the applicant.
(f) Duties and Responsibilities of City Planner. The duties of the City Planner shall include, but are not limited to, making interpretations, where needed, as to the exact location of the boundaries of the areas of wellfield protection; for example, where there appears to be a conflict between the wellfield protection boundary and actual field conditions. The party contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1287.11.
(Ord. 5412. Passed 4-4-00.)