(a) Purpose. The Wellhead Protection Overlay District is established to safeguard the health, safety, and general welfare of the residents of the City of Ontario, and all those who receive, or will receive, the benefits of the municipal water system. This district includes standards of prohibitive activity within designated wellhead protection areas.
(b) Application. This Overlay District, duly made and adopted in accordance with the provisions of the Ohio Environmental Protection Agency, and the Amendments to the Safe Drinking Water Act of 1986, shall apply to any present and/or future wells and well field which comprise the source of the public water supply for the City of Ontario.
(c) Wellhead Protection Zone Designations. Two (2) wellhead protection zones are hereby established within the overlay district:
(1) Zone WHPZ1 is the area within the one (1) year time-of-travel contour as shown on the Wellhead Protection Overlay District.
(2) Zone WHPZ2 is the area within the five (5) year time-of-travel contour as shown on the Wellhead Protection Overlay District.
(d) Wellhead Protection Zone Modifications. The boundary designations of the Wellhead Protection Zone 1 and Wellhead Protection Zone 2 will be updated whenever the Water Supervisor using the Mod-flow groundwater model determines that the total amount of water pumped from the well field has increased by fifteen percent (15%).
(e) Permitted Uses. Any of the following uses are permitted in the Wellhead Protection Zone 1 or Wellhead Protection Zone 2, provided the use is otherwise permitted in the standard zoning district.
(1) The following types of agricultural uses: pasture, light grazing, hay making, gardening, nurseries, and any activities designed for the conservation of soil, water plants and wildlife.
(2) Residential dwelling units.
(3) Business and industrial uses which do not handle hazardous or toxic wastes or substances.
(4) Necessary public utilities and/or facilities designed so as to prevent contamination of ground water.
(5) All ordinary and customary uses associated with the maintenance and upkeep of buildings and grounds.
(6) All uses not otherwise prohibited.
(f) Well field Protection Zone 1 Requirements.
(1) Prohibited Uses.
A. Disposal of Solid Waste.
B. Disposal of Hazardous Waste.
C. Storage of road salt or other deicing chemicals and the dumping of snow containing deicing chemicals.
D. Animal feed lots.
E. The outside storage of herbicides, pesticides, fertilizers or fungicides.
F. Dry cleaning and commercial laundry establishments.
G. Industrial uses which discharge processed waters on-site.
H. Chemical and bacteriological laboratories.
I. Metal polishing, finishing, and plating establishments which includes auto body repair establishments.
J. Commercial wood finishing, preserving, painting, and furniture stripping establishments.
K. Commercial printing, photo copying and photographic processing establishments.
L. Motor vehicle service and repair shops, junkyards, motor vehicle junkyards, motor vehicle salvage operations, car washes as well as any similar use which might potentially effect ground water quality.
M. Motor vehicle service and repair establishments including auto body repair and painting, quick lube stations, any establishment which performs mechanical repairs such as transmission, drive train, engine, brakes, or mufflers. These restrictions also apply to commercial/industrial equipment, earth moving equipment, tractors, motorcycles, and airplanes.
N. Trucking and bus terminals.
O. Machine shops or foundries.
P. Leather tanning and finishing.
Q. Electrical component manufacturing or assembly.
R. New installation of underground storage tanks of liquid petroleum and/or chemical products of any kind.
S. Storage of liquid petroleum products of any kind in excess of fifteen (15) gallons except for storage in a free standing container within a building, or fuel for heating of that building. (fuel tanks of parked vehicles are not included in this section.)
T. Storage of petroleum, and/or any other regulated substances in underground storage tanks.
U. Any other use which involves, as principal activity, such as the manufacture, storage, use, transportation, or disposal of toxic or hazardous material.
(2) Exceptions and guidelines. Any business or industrial use within Wellfield Protection Zone 1 that is established prior to the day on which this Ordinance takes effect shall be classified as a non-conforming use. Non-conforming uses are allowed to conduct business, but are to be regulated by the City and shall follow these guidelines:
A. Registration with Water Supervisor. All non-conforming uses must register with the Water Supervisor. The registration shall be submitted by the owner or operator of the facility on forms provided by the Water Supervisor every two (2) years, or when ownership change occurs within the two (2) year reporting period, and shall contain at a minimum, the following information:
1. Name of use.
2. Street and mailing address of the use.
3. The designated individual to be contacted at the use.
4. A complete list of all chemicals, pesticides, fuels, and other regulated substances as defined in Chapter 1133, to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect such materials from vandalism, corrosion and leakage, and to provide for control of spills.
5. A complete list of potential toxic or hazardous wastes to be generated, indicating storage and disposal methods.
6. For underground storage of regulated substances, the BUSTR identification number will be provided.
B. Monitoring Wells. The Water Superintendent shall establish monitoring wells for all permitted business and industrial activities using or storing hazardous or toxic materials. The location, number and construction of the monitoring wells shall be determined by the Water Supervisor. Once constructed, the wells shall be analyzed for volatile compounds on the list of “Target Compounds” (TCL), “Semi-Volatile Organic Compounds” (SVOC’s), “Inorganic Target Analysis Metals” (TAL) and “Pesticides and PCB’s” in Appendix A, to determine background levels for the location.
After initial testing, wells will be analyzed for TCI Volatile Compounds, and any other Compounds detected in the background analysis that may pose a threat to the well field on an annual basis. The Water Supervisor shall determine the sampling schedule for each site on an individual basis.
C. Variance. A variance may be granted by the City Planning Commission for a non-conforming business or industrial use that applies for the upgrading or expansion of its operation. The Planning Commission shall base its decision on the recommendation of the Water Supervisor that the business or industry has demonstrated that an overall reduction of risk to the aquifer and/or well field will occur, through a pollution prevention program instituted by the owner or operator.
D. Discontinuance of Non-Conforming Use. Any non-conforming use which has been discontinued for more than six (6) months is hereby deemed to be abandoned and shall not be permitted to be reopened. No new or similar non-conforming use may open at the site.
E. Underground Storage Tank Requirements. All permitted uses and non-conforming uses with Underground Storage Tanks (UST,s) shall:
1. Provide proof of certification that UST’s were upgraded by December 22, 1998 in accordance with the Bureau of Underground Storage Tank Registration, Ohio Administrative Code 1301: 7-9-06;
2. Have monitoring systems installed by December 22, 1998 in accordance with the Bureau of Underground Storage Tank Registration, Ohio Administrative Code 1301: 7-9-07.
F. Filing of Ohio Environmental Protection Agency Reports. All land uses, which through the generation, transportation, disposal or storage of hazardous substances, and filing reports to the Ohio Environmental Protection Agency under the guidelines of the Resources Conservation and Recovery Act, must also present the Water Supervisor with a copy of the report.
(g) Wellhead Protection Zone 2 Requirements.
(1) Prohibited Uses:
A. Disposal of solid waste.
B. Disposal of hazardous waste.
C. The outside storage of herbicide, pesticide, fertilizer and fungicide.
D. Any other use which involves, as a principal activity the manufacture, storage, use, transportation or disposal of toxic or hazardous material.
(2) Regulated Land Uses in a Wellhead Protection Zone 2: The following uses located in the Wellhead Protection Zone 2 will comply with the guidelines established for non-conforming uses in the Wellhead Protection Zone 1:
A. Storage of road salt or other de-icing chemicals and the dumping of snow containing deicing chemicals.
B. Animal feed lots.
C. Dry cleaning and commercial laundry establishments.
D. Industrial uses which discharge processed waters on-site.
E. Chemical and bacteriological laboratories.
F. Metal polishing, finishing, and plating establishments which includes auto body repair establishments.
G. Commercial wood finishing, preserving, painting, and furniture stripping establishments.
H. Commercial printing, photo copying and photographic processing.
I. Motor vehicle service and repair shops, junkyards, motor vehicle junkyards, motor vehicle salvage operations, car washes as well as any similar use that might potentially effect ground water quality.
J. Motor vehicle service and repair establishments including auto body repair and painting, quick lube stations, any establishment which performs mechanical repairs such as transmission, drive train, engine, brakes, or mufflers. These restrictions also apply to commercial/industrial equipment, earth moving equipment, tractors, motorcycles, and airplanes.
K. Trucking and bus terminals.
L. Machine shops or foundries.
M. Leather tanning and finishing.
N. Electrical component manufacturing or assembly.
O. New installation of underground storage tanks of liquid petroleum and chemical products of any kind.
P. Storage of liquid petroleum products of any kind in excess of fifteen (15) gallons except for storage in a free standing container within a building, or fuel for heating of that building. ( i.e. fuel tanks of parked vehicles are not included in this section.)
Q. Storage of petroleum, and/or any other regulated substances in underground storage tanks.
(3) Exceptions and Guidelines: Any business or industry within the Wellhead Protection Zone 2, established prior to the date of this Ordinance, shall be identified as a non-conforming use. All non-conforming uses are allowed to continue to conduct business providing such non-conforming uses comply with the following guidelines:
A. Registration with Water Supervisor. All non-conforming uses must register with the Water Supervisor. The registration shall be submitted by the owner or operator of the facility on forms provided by the Water Supervisor every two years, or when ownership change occurs within the two year reporting period, and shall contain at a minimum, the following information:
1. Name of use.
2. Street and mailing address of the use.
3. The designated individual to be contacted at the use.
4. A complete list of all chemicals, pesticides, fuels, and other regulated substances as defined in Section II, Definitions, to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect such materials from vandalism, corrosion and leakage, and to provide for control of spills.
5. A complete list of potential toxic or hazardous wastes to be generated, indicating storage and disposal methods.
6. For underground storage of regulated substances, the BUSTR identification number will be provided.
B. Monitoring Wells. The Water Superintendent shall establish monitoring wells for all permitted business and industrial activities using or storing hazardous or toxic materials. The location, number and construction of the monitoring wells shall be determined by the Water Supervisor. Once constructed, the wells shall be analyzed for volatile compounds on the list of “Target Compounds” (TCL), “Semi-Volatile Organic Compounds” (SVOC’s), “Inorganic Target Analysis Metals” (TAL) and “Pesticides and PCB’s” in Appendix A, to determine background levels for the location.
After initial testing, wells will be analyzed for TCI Volatile Compounds, and any other Compounds detected in the background analysis that may pose a threat to the well field on an annual basis. The Water Superintendent shall determine the sampling schedule for each site on an individual basis. (Ord. 02-57. Passed 11-21-02.)
C. Installation of New Underground Storage Tanks: Any petition to install new underground storage tanks for liquid petroleum and/or chemical products of any kind must first be reviewed by the Water Superintendent to determine its relative position to the well field, and its potential impact on the aquifer and then approved by City Council, based upon the recommendation of the Water Supervisor.
D. Any regulated land uses or establishments wishing to open must have approval of the City Zoning Inspector.
(h) Enforcement of the Well Field Protection Plan.
(1) Inspections: Subject to applicable provisions of law, the Water Supervisor, or the authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling and records examination pertaining to the requirements of this overlay district to ensure that activities are in accordance with the provisions of this district. Upon request of the entity which is the subject of the inspection and if permitted by the Ohio Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry for the above-stated purposes, the City may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.
(2) Record Keeping: A copy of the records pertaining to any uses or structures registered under this Overlay District shall be retained for not less than seven (7) years, and shall be made available for public review by the Water Supervisor upon written request. All such copies of the records shall be transferred to any owner or operator of an establishment that is sold, leased, transferred to, or received by a new owner or operator. The transfer of copies of the records shall in no way eliminate or prevent the necessity of the new owner or operator to register with the Water Supervisor as required under the Overlay District regulations.
(3) Enforcement of Wellhead Protection Plan: The Water Supervisor is hereby appointed to administer the Wellhead Protection Plan described in this Section.
(4) Notice of Violation:
A. Any person found in violation of any provision of this district, any order, requirement, rule or regulation issued under the authority of such sections will be served with a written notice stating the nature of the violation, and providing reasonable time for compliance. If the Water Supervisor has previously issued a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the City may dispense with establishing another time period for compliance.
B. The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the county tax record.
(5) Penalties: Any person, firm, corporation, or business entity who violates or continues to violate any provisions of this overlay district beyond the time limit for compliance set forth by the City shall be guilty of a misdemeanor of the first degree and upon convictions shall be punished by a fine not more than one thousand dollars ($1,000.00) and/or six (6) months imprisonment. Each day a violation continues, after notification, shall constitute a separate offense.
(Ord. 01-50. Passed 12-6-01.)