1179.04 GROUNDWATER PROTECTION STANDARDS.
   (a)    Use, storage, handling and/or production of regulated substances in conjunction with permitted and special uses in this District shall be limited as to each use, to:
      (1)    The aggregate of regulated substances in use, storage, handling and/or production may not exceed twenty (20) gallons or 160 pounds at any time.
   (b)    A limited exclusion from the provisions of subsection (a) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited as to each use, to:
      (1)    The aggregate of regulated substances in use, storage, handling and/or production may not exceed fifty-five (55) gallons or 450 pounds at any time.
      (2)    The total use, storage, handling and/or production of regulated substances may not exceed 110 gallons or 900 pounds in any twelve (12) month period.
    (c)    A limited exclusion from the provisions of subsection (a) hereof is authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
   (d)    A limited exclusion from the provisions of subsection (a) hereof is 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 as to any use shall not exceed 110 gallons or 900 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
   (e)    With the exception of a residential use of heating fuels in tanks having a capacity equal to or less than 500 gallons, the underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with a permitted use in this District shall be in secondarily contained and monitored tanks. Such installations shall be subject to approval by the Zoning Officer.
   (f)    Notwithstanding other provisions of this section, nonconforming uses in this District presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or process heating shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (e) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than the above noted fuels and lubricants is not permitted.
   (g)    No substitutions of a nonconforming use shall be permitted which result in an increase of the hazardous potential ranking system on a parcel within this District. If the hazardous potential ranking decreases for a non-conforming use for a period of one (1) year or more, the nonconforming right to the higher hazardous potential ranking shall be deemed to have been lost through nonuse for that period of time.
   (h)    The use and storage of regulated substances in conjunction with public water and wastewater treatment, conveyance and operation facilities owned, operated and maintained by Montgomery County or the public water supply purveyor which these standards are designed to protect shall not be restricted by this section.
   (i)    The use and storage of regulated substances in conjunction with environmental projects monitored by US and or Ohio EPA shall not be restricted by this section.
(Ord. 1069-94. Passed 4-28-94)