(A) Exemptions. Notwithstanding any prohib- ition or other requirements under this chapter, special exemptions and limited exclusions are authorized for:
(1) Transportation of any regulated substances through the Aquifer Protection Districts, provided the transporting vehicle is in continuous transit;
(2) Storage of fuel and lubricants for on-site vehicle and/or machinery operations, either in above ground storage facilities or in underground storage tanks that meet U.S. EPA standards as set forth in IDEM requirements and regulations (329 I.A.C. 9-1-1);
(3) The use, storage, handling and/or production of regulated substances associated with non-routine maintenance or repair of property or equipment, shall be limited to normal business use, as identified in the information supplied for the certificate of conformance;
(4) Regulated substances provided they 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. In no case shall regulated substances claimed under this exclusion include hydrocarbons or halogenated hydrocarbon solvents. The inventory of such regulated substances shall be limited to normal business use, as identified in the information supplied for the certificate of conformance;
(5) Office supplies that are used for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use;
(6) Sales or distribution establishments that store and handle regulated substances for resale in their original containers;
(7) Geotechnical borings; and
(8) Facilities used in the transmission and distribution of electricity by an electric utility authorized to provide service in the Aquifer Protection District.
(B) Water recharge. Any storm water structure within the East Aquifer Protection District shall be designed to provide for a maximum rate of recharge into the groundwater system. Any recharge system shall be constructed to the satisfaction of the Engineer of the city preferably using low impact development techniques that serve to both detoxify pollution and provide for infiltration to recharge the aquifer. Acceptable examples include, but are not limited to, permeable pavements, bio-retention areas, constructed wetlands and grassy swales. The use of dry wells, French drains and gravel-lined ditches that do not provide for detoxification is prohibited. Site plans exceeding five acres must:
(1) Include an approval by a licensed professional qualified in the field of groundwater hydrology; and
(2) Be acceptable to the City Engineer.
(C) Sanitary sewers. Except where service is not currently available, all sewage disposal within the Districts must be through sanitary sewers and the publicly owned treatment works or holding tanks. Infiltration and leach field systems are prohibited. Sanitary sewer lines shall be inspected by the city’s Sanitary District for exfiltration and/or infiltration at least once every five years.
(D) Paved surfaces. The use of salt and other substances for ice control shall be minimized consistent with public highway safety requirements.
(E) Outside storage. Hazardous substances as defined in division (G) below and regulated substances in storage containers totaling 55 gallons or greater in whole or in part which have the potential to contaminate the aquifer and could leach or diffuse by rain or wind into the sub-surface soils either directly or indirectly shall be permitted to be stored outside only in areas with secondary containment and/or diversionary structures designed so that said leaching or diffusion of said materials or substances does not occur and an accidental spill is contained on an impermeable surface for total recapture.
(F) Restrictions within the districts.
(1) No facility shall be permitted to construct or cause to be constructed, any underground storage tanks, except as set out in division (A)(2) above;
(2) Fertilizers, pesticides (including, but not limited to, herbicides, insecticides, fungicides, rodenticides) or other leachable materials shall not be used in amounts which result in groundwater contamination and shall be used and disposed of in accordance with the state Pesticide Review Board and all federal label instructions;
(3) Disposal of liquid or leachable wastes on or in the land is prohibited; and
(4) Extractive operations, except for potable quality water, are prohibited, except for construction, which may replace topsoil and re-vegetate as quickly as possible.
(G) Special restrictions within the districts. Except as allowed in division (A) above, the following uses remain prohibited in the Aquifer Protection Districts, even if they shall be allowed by right in the underlying zoning district:
(1) Regulated substances. The manufacturing, compounding, processing, packaging and/or assembling and storage of any federally regulated pesticides (including, but not limited to, herbicides, insecticides, fungicides, rodenticides and disinfectants), acids, radioactive materials, coke or gas, metal electroplating exclusively, chemical packaging facilities, composting, sanitary and/or demolition landfills, battery and/or tire storage and collection facilities, paper pulp or the tanning of hides or the rendering of animals;
(2) Land application. Land application of waste water, surface impoundments for waste treatment or storage, waste burning areas, pipelines except natural gas and water, and all classes of injection wells except geothermal heat pumps utilizing a “closed loop” system;
(3) Hazardous material storage. The manufacturing, compounding, processing, packaging and/or assembling and storage of hazardous materials, excluding manufacturing, compounding, processing, packaging and/or assembling and storage for on-site usage. These hazardous materials, as periodically updated, include:
(a) Any hazardous substance, toxic, chemical or hazardous waste as listed in the following federal regulations:
1. Superfund Amendments and Reauthorization Act (SARA) of 1986, § 302 Extremely Hazardous Substances List (40 C.F.R. part 300, App. A and B);
2. Comprehensive Environmental Response Compensation and Liability Act Superfund (CERCLA) of 1980, Hazardous Substances List (40 C.F.R. part 302, Table 302.4);
3. SARA of 1986, Section 313, Toxic Chemicals List (40 C.F.R. § 372.45); and
4. Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes List (P and U Categories) (40 C.F.R. § 261.33 (e) and (f)).
(b) Note: the lists referenced in divisions (G)(3)(a)1. through (G)(3)(a)4. above, are summarized on the Title III List of Lists - Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Action (SARA) of 1986, published July 1987, U.S. EPA. (See www.epa.gov/ceppo/pubs/title3.pdf).
(c) If it can be demonstrated that the chemical characteristics of a specific hazardous material set forth in this division (G) above (such as, but not limited to, gases and insoluble solids) pose no risk to the aquifer, an exemption may be granted by the Department of Metropolitan Development in consultation with the County Emergency Management Agency.
(4) Manufacturing of regulated substances. The manufacturing, compounding, processing, packaging and/or assembling and storage of regulated substances not included in division (G)(3) above must be in accordance with best management practices.
(H) Best management practices plan. Businesses, facilities or activities that use or store regulated substances in excess of five gallons of a liquid, or 25 pounds of a solid, shall develop and maintain a best management practices plan that includes:
(1) A list of regulated substances;
(2) Secondary containment for storage and use area;
(3) Disposal procedures;
(4) Emergency spill procedures and notification;
(5) Appropriate training for workers; and
(6) The management plan, which may include forms or information prepared for other governmental agencies, shall be placed on file with the Department of Metropolitan Development and the County Emergency Management Agency, and shall be updated in a timely manner whenever a change affecting the management plan occurs.
(Ord. 10-2010, passed - -2010, § 3.10)