§ 152.138 GROUNDWATER PROTECTION STANDARDS.
   (A)   Use, storage, handling, and/or production of regulated substances in conjunction with permitted and conditional uses in this district shall be limited to:
      (1)   Aggregate of regulated substances: the aggregate of regulated substances in use, storage, handling, and/or production may not exceed 20 gallons or 160 pounds at any time;
      (2)   Total use of regulated substances: the total use, storage, handling, and/or production of regulated substances may not exceed 50 gallons or 400 pounds in any 12 month period; and
      (3)   The application of U.S.E.P.A. approved agricultural chemicals by licensed personnel using U.S.E.P.A. best recommended practices. Below-ground applications in excess of 100 gallons or 800 pounds in any 12 month period shall require 72 hour prior notice to the Zoning Inspector or his or her designee.
   (B)   A limited exclusion from the provision of § 152.138(A) is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling, and/or production of regulated substances under this exclusion shall be limited to:
      (1)   The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time; and
      (2)   The total use, storage, handling, and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any 12 month period.
   (C)   A limited exclusion from the provisions of § 152.138(A) is authorized for each medical and research laboratory use, provided, however, that regulated substances shall be stored, handled, or used in containers not to exceed five gallons or 40 pounds of each substance and that the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
   (D)   A limited exclusion from the provisions of § 152.138(A) is authorized for regulated substances which are cleaning agents, provided, however, that 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 that 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.
   (E)   A limited exclusion from the provisions of § 152. 138(A) is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided that such substances are stored in standard approved packaging and that such chemicals are applied to cropland under best management practices as indicated by soil tests, agricultural experts, or label directions approved by the U.S. Environmental Protection Agency (EPA) or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals, either stored on-site or brought in from other locations, from the inventory, spill reporting, and underground storage tank protection requirements of the WP Well Field Protection Overlay District.
   (F)   The underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted and conditional uses in this overlay district shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the Zoning Inspector or his or her designee.
   (G)   Notwithstanding other provisions of this subchapter, nonconforming uses in this overlay 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 § 152.138(F) 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.
   (H)   As part of the findings required under § 152.010, prior to issuance of a zoning certificate, the Zoning Inspector or his or her designee shall utilize the Hazard Potential Ranking System in § 152.139 to assist in the determination of intensity of use within this district. No substitutions of a nonconforming use shall be permitted which result in an increase of the Hazard Potential Ranking on a parcel within this district.
('80 Code, § 152.138) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999