(A) Any existing uses legally storing, handling, using, and/or producing regulated substances in amounts equal to or less than the requirements under § 152.138(A) are considered conforming uses, and this section does not apply. Any new use or change of use shall maintain the conforming status of the property.
(B) Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated substance, as reported according to § 152.266, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of the village zoning code.
(C) In order to assess the risk for potential ground water contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use, looking only at the most critical hydrologic factors.
(D) Table I set forth following this section lists the site hazard potential by land use activity on a scale of one to nine, with one being a low hazard and nine a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly used or stored on the site or the types and amounts of wastes commonly discharged.
(E) Table II set forth following this section lists the hazard potential determined on the basis of materials known to be used, stored, or disposed of at a specific site.
(F) If the two tables which are referenced above [and which begin on the following page] indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the two scores is the rating for the site.
('80 Code, § 152.139) (Ord. 94-14, passed 7-5-94)
Cross-reference:
Wellhead Protection Advisory Committee, see § 33.50
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
01 | AGRICULTURAL PRODUCTION - CROPS | 1 - 2 |
02 | AGRICULTURAL PRODUCTION - LIVESTOCK | - |
021 | Livestock, except dairy, poultry, and animal specialties | 5 (for feed lots) |
024 | Dairy farms | 4 |
025 | Poultry and eggs | 4 |
027 | Animal specialties | 2 - 4 |
029 | General farms, primarily livestock | 2 |
10 | METAL MINING | - |
101 | Iron ores | 4 |
102 | Copper ores | 6 |
103 | Lead and zinc ores | 5 |
104 | Gold and silver ores | 6 |
105 | Bauxite and other aluminum ores | 5 |
106 | Ferroalloy ores, except vanadium | 5 |
108 | Metal mining services | 4 |
1092 | Mercury ore | 6 |
1094 | Uranium-radium-vanadium ores | 7 |
1099 | Metal ores not elsewhere classified | 5 |
11 | ANTHRACITE MINING | 7 |
12 | BITUMINOUS COAL AND LIGNITE MINING | 7 |
13 | OIL AND GAS EXTRACTION | - |
131 | Crude petroleum and natural gas | 7 |
132 | Natural gas liquids | 7 |
1381 | Drilling oil and gas wells | 6 |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
1382 | Oil and gas field exploration services | 1 |
1389 | Oil and gas field services not elsewhere classified | Variable depending on activity |
14 | MINING AND QUARRYING OF NONMETALLIC MINERALS, EXCEPT FUELS | - |
141 | Dimension stone | 2 |
142 | Crushed and broken stone, including rip rap | 2 |
144 | Sand and gravel | 2 |
145 | Clay, ceramic, and refractory minerals | 2 - 5 |
147 | Chemical and fertilizer mineral mining | 4 - 7 |
148 | Nonmetallic mineral services | 1 - 7 |
149 | Miscellaneous nonmetallic minerals, except fuels | 2 - 5 |
16 | CONSTRUCTION OTHER THAN BUILDING CONSTRUCTION | - |
1629 | Heavy construction, not elsewhere classified (dredging, especially in salt water) | 4 |
20 | FOOD AND KINDRED PRODUCTS | - |
201 | Meat products | 3 |
202 | Dairy products | 2 |
203 | Canned and preserved fruits and vegetables | 4 |
204 | Grain mill products | 2 |
205 | Bakery products | 2 |
206 | Sugar and confectionery products | 2 |
207 | Fats and oils | 3 |
208 | Beverages | 2 - 5 |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
209 | Miscellaneous food preparation and kindred products | 2 |
22 | TEXTILE MILL PRODUCTS, ALL EXCEPT LISTINGS BELOW | - |
223 | Broad woven fabric mills, wool (including dyeing and finishing) | 6 |
226 | Dyeing and finishing textiles, except wool fabrics and knit goods | 6 |
2295 | Coated fabrics, not rubberized | 6 |
24 | LUMBER AND WOOD PRODUCTS, EXCEPT FURNITURE | - |
241 | Logging camps and logging contractors | 2 |
242 | Sawmills and planing mills | 2 |
2435 | Hardwood veneer and plywood | 4 |
2436 | Softwood veneer and plywood | 4 |
2439 | Structural wood members, not elsewhere classified (laminated wood-glue) | 3 |
2491 | Wood preserving | 5 |
2492 | Particle board | 4 |
2499 | Wood products, not elsewhere classified | 2 - 5 |
26 | PAPER AND ALLIED PRODUCTS | - |
261 | Pulp mills | 6 |
262 | Paper mills, except building paper mills | 6 |
263 | Paper board mills | 6 |
28 | CHEMICALS AND ALLIED PRODUCTS | - |
2812 | Alkalies and chlorine | 7 - 9 |
2813 | Industrial gases | - |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
2816 | Inorganic pigments | 3 - 8 |
2819 | Industrial inorganic chemicals not elsewhere classified | 3 - 9 |
2821 | Plastic materials, synthetic resins, and nonvulcanizable elastomers | 6 - 8 |
2822 | Synthetic rubber (vulcanizable elastomers) | 6 - 8 |
2823 | Cellulose man-made fibers | 6 - 8 |
2824 | Synthetic organic fibers, except cellulosic | 6 - 8 |
2831 | Biological products | 6 - 9 |
2833 | Medicinal chemicals and botanical products | 3 - 8 |
2834 | Pharmaceutical preparations | 6 - 9 |
2841 | Soap and other detergents, except specialty cleaners | 4 - 6 |
2842 | Specialty cleaning, polishing, and sanitation preparation | 3 - 8 |
2843 | Surface active agents, finishing agents, sulfonated oils, and assistants | 6 - 8 |
2844 | Perfumes, cosmetics, and other toilet preparations | 3 - 6 |
2851 | Paints, varnishes, lacquers, enamels, and allied products | 5 - 8 |
2861 | Gum and wood chemicals | 5 - 8 |
2865 | Cyclic (coal tar) crudes, cyclic intermediates, dyes, and organic pigments (lakes and toners) | 6 - 9 |
2869 | Industrial organic chemicals not elsewhere listed | 3 - 9 |
2873 | Nitrogenous fertilizers | 7 - 8 |
2874 | Phosphatic fertilizers | 7 - 8 |
2875 | Fertilizer mixing only | 5 |
2879 | Pesticides and agricultural chemicals, not elsewhere listed | 5 - 9 |
2891 | Adhesives and sealants | 5 - 8 |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
2892 | Explosives | 6 - 9 |
2893 | Printing ink | 2 - 5 |
2895 | Carbon black | 1 - 3 |
2899 | Chemicals and chemical preparations, not elsewhere listed | 3 - 9 |
29 | PETROLEUM REFINING AND RELATED INDUSTRIES | - |
291 | Petroleum refining | 8 |
295 | Paving and roofing materials | 7 |
299 | Miscellaneous petroleum and coal products | 7 |
30 | RUBBER AND MISCELLANEOUS PLASTICS PRODUCTS | - |
301 | Tires and inner tubes | 6 |
302 | Rubber and plastic footwear | 6 |
303 | Reclaimed rubber | 6 |
304 | Rubber and plastic hose and belting | 4 |
306 | Fabricated rubber products, not elsewhere classified | 4 |
31 | LEATHER AND LEATHER PRODUCTS | - |
311 | Leather tanning and finishing | 8 |
- | (All remaining three-digit codes) | 1 - 3 |
32 | STONE, CLAY, GLASS, AND CONCRETE PRODUCTS | - |
321 | Flat glass | 4 |
322 | Glass and glassware, pressed or blown | 4 |
324 | Cement, hydraulic | 3 |
3274 | Lime | 3 |
3291 | Abrasive products | 3 |
3292 | Asbestos | 3 |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
3293 | Gaskets, packing, and sealing devices | 3 |
33 | PRIMARY METAL INDUSTRIES (except as noted below) | 3 |
3312 | Blast furnaces, steel works, and rolling and finishing mills | 6 |
333 | Primary smelting and refining of nonferrous metals | 7 |
34 | FABRICATED METAL PRODUCTS, EXCEPT MACHINERY AND TRANSPORTATION EQUIPMENT (except as noted below) | 5 |
347 | Coating, engraving, and allied services | 8 |
3482 | Small arms ammunition | 7 |
3483 | Ammunition, except for small arms not elsewhere classified | 7 |
3489 | Ordnance and accessories not elsewhere classified | 7 |
349 | Miscellaneous fabricated metal products | 3 - 6 |
35 | MACHINERY, EXCEPT ELECTRICAL | 5 - 7 |
36 | ELECTRICAL AND ELECTRONIC MACHINERY, EQUIPMENT, AND SUPPLIES (except as noted below) | 5 - 7 |
3691 | Storage batteries | 8 |
3692 | Primary batteries, dry and wet | 8 |
37 | TRANSPORTATION EQUIPMENT | 5 - 8 |
38 | MEASURING, ANALYZING, AND CONTROLLING INSTRUMENTS; PHOTOGRAPHIC, MEDICAL, AND OPTICAL GOODS; WATCHES AND CLOCKS (except as noted below) | 4 - 6 |
386 | Photographic equipment and supplies | 7 |
39 | MISCELLANEOUS MANUFACTURING INDUSTRIES | 3 - 7 |
49 | ELECTRIC, GAS, AND SANITARY SERVICES | - |
491 | Electric services | 3 - 5 |
§ 152.138 — TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source) | ||
S.I.C. NO. | Description of Waste Source | Hazard Potential Initial Ranking |
492 | Gas production and distribution | 3 |
494 | Water supply | 2 |
4952 | Sewage systems | 2 - 5 |
4953 | Refuse systems (landfills) | 5 - 9 |
496 | Steam supply | 2 - 4 |
§ 152.138 — TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type) | |||
Description | Rating1 | ID No.2 |
§ 152.138 — TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type) | |||
Description | Rating1 | ID No.2 | |
SOLIDS | |||
Ferrous metals | 1 - 4 | 1100 | |
Nonferrous | 1 - 7 | 1200 | |
Resins, plastics, and rubbers | 2 | 1300 | |
Wood and paper materials | Except as noted below | 2 | 1400 |
Bark | 4 | 1401 | |
Textiles and related fibers | 2 | 1500 | |
Inert materials | Except as noted below | 2 | 1600 |
Sulfide mineral - bearing mine tailings | 6 | 1601 | |
Slag and other combustible residues | 5 | 1602 | |
Rubble, construction, and demolition mixed waste | 3 | 1603 | |
Animal processing wastes | Except as noted below | 2 - 4 | 1700 |
Processed skins, hides, and leathers | 6 | 1701 | |
Dairy wastes | 4 | 1702 | |
Live animal wastes - raw manure (feed lots) | 5 | 1703 | |
Composts of animal waste | 2 - 4 | 1704 | |
Dead animals | 5 | 1705 | |
Edible fruit and vegetable remains - putrescibles | 2 - 3 | 1800 | |
LIQUIDS: Organic Chemicals (must be chemically classified) | 2000 | ||
Aliphatic (fatty) acids | 3 - 5 | 2001 | |
Aromatic (benzene) acids | 7 - 8 | 2002 | |
Resin acids | - | 2003 | |
§ 152.138 — TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type) | |||
Description | Rating1 | ID No.2 |
§ 152.138 — TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type) | |||
Description | Rating1 | ID No.2 | |
Alcohols | 5 - 7 | 2004 | |
Aliphatic hydrocarbons (petroleum derivatives) | 4 - 6 | 2005 | |
Aromatic hydrocarbons (benzene derivatives) | 6 - 8 | 2006 | |
Sulfonated hydrocarbons | 7 - 8 | 2007 | |
Halogenated hydrocarbons | 7 - 9 | 2008 | |
Alkaloids | 7 - 9 | 2009 | |
Aliphatic amines and their salts | 1 - 4 | 2010 | |
Anilines | 6 - 8 | 2011 | |
Pyridines | 2 - 6 | 2012 | |
Phenols | 7 - 9 | 2013 | |
Aldehydes | 6 - 8 | 2014 | |
Ketones | 6 - 8 | 2015 | |
Organic sulfur compounds (sulfides, mercaptans) | 7 - 9 | 2016 | |
Organometallic compounds | 7 - 9 | 2017 | |
Cyanides | 7 - 9 | 2018 | |
Thiocyanides | 2 - 6 | 2019 | |
Sterols | - | 2020 | |
Sugars and cellulose | 1 - 4 | 2021 | |
Esters | 6 - 8 | 2022 | |
LIQUIDS: Inorganic chemicals (must be chemically classified) | 2100 | ||
Mineral and metal acids | 5 - 8 | 2101 | |
Mineral and metal bases | 5 - 8 | 2102 | |
Metal salts, including heavy metals | 6 - 9 | 2103 | |
Oxides | 5 - 8 | 2104 | |
Sulfides | 5 - 8 | 2105 | |
Carbon or graphite | 1 - 3 | 2106 | |
§ 152.138 — TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type) | |||
Description | Rating1 | ID No.2 |
§ 152.138 — TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type) | |||
Description | Rating1 | ID No.2 | |
LIQUIDS: Other chemical process wastes not previously listed (must be chemically classified) | 2200 | ||
Inks | 2 - 5 | 2201 | |
Dyes | 3 - 8 | 2202 | |
Paints | 5 - 8 | 2203 | |
Adhesives | 5 - 8 | 2204 | |
Pharmaceutical wastes | 6 - 9 | 2205 | |
Petrochemical wastes | 7 - 9 | 2206 | |
Metal treatment wastes | 7 - 9 | 2207 | |
Solvents | 6 - 9 | 2208 | |
Agricultural chemicals (pesticides, herbicides, fungicides, and the like | 7 - 9 | 2209 | |
Waxes and tars | 4 - 7 | 2210 | |
Fermentation and culture wastes | 2 - 5 | 2211 | |
Oils, including gasoline, fuel oil, and the like | 5 - 8 | 2212 | |
Soaps and detergents | 4 - 6 | 2213 | |
Other organic or inorganic chemicals, including radioactive wastes | 4 - 8 | 2300 | |
Conventional treatment process municipal sludges | From biological sewage treatment | 4 - 8 | 2301 |
From water treatment and conditioning plants (must be chemically classified) | 2 - 5 | 2302 | |
1 Hazard Potential Initial Rating 2 ID No. is for identification of waste types in the Reporting Form. Source: WMSRDC. A Pollutant Nature Sampling Plan for Ground Water Contamination in Region 14 (Muskegon, MI: West Michigan Shoreline Regional Development Commission, November 1980). | |||