(a) "Waters of the Village" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulation of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, which are situated wholly or partly within or border upon the Village, or are within its jurisdiction.
(b) Pollution or contamination as used herein means the placing of any sewage, industrial waste, gas, oil, brine, or any other pollutant or toxic pollutant as defined in the Federal Water Pollution Control Act or other wastes as presently defined in Ohio R.C. 6111.01 in any waters of the Village. Pollution or contamination shall not include the storage of road salt by the Village and the application of road salt by the Village or the State on the public roads within the Village.
(c) "Person" means the State, any municipal corporation, political subdivision of the State, person as defined in Section 402.24, interstate body created by compact, or the Federal government or any department, agency or instrumentality thereof.
(d) No person shall cause pollution or place or cause to be placed any sewage, industrial waste, or other waste in a location where they cause pollution of any waters, of the Village, and any such action is hereby declared to be a public nuisance.
(e) No person shall authorize nor shall any person drill a new well or convert an existing well for the purpose of injecting sewage, industrial waste, or other waste, within the Village. No person shall use a well for the injection of sewage, industrial waste, or other waste within the Village.
(f) This section does not apply to water, gas, or other material injected into a well to facilitate, or which is incidental to the production of oil, gas or water derived in association with oil or gas production in compliance with a permit issued under regulations adopted by the Ohio Department of Natural Resources and in compliance with a zoning permit issued by the Village. This section shall not apply to the application of any materials to land for agricultural purposes or runoff of such materials from such application or pollution by animal waste or soil sediment, including attached substances, resulting from farming or agriculture. This section shall also not apply to the excrement of domestic and farm animals defecated on land or runoff therefrom into any waters of the Village. This section shall also not apply to the discharge of sewage, industrial waste, or other waste into a sewage system, tributary to a treatment work nor to septic tanks or any other disposal systems for the disposal or treatment of sewage from single-family or two-family dwellings in compliance with State sanitary codes and County health regulations.
(g) The Zoning Inspector for the Village and/or the hydrologist for the Village may on their own initiative investigate or make inquiries into any alleged act of pollution prohibited under this section, or any terms and conditions of a zoning permit or other permit. Upon written complaint by any person the Zoning Inspector shall conduct such investigations and make such inquiries as are required. The Zoning Inspector and/or the Village hydrologist or their duly authorized representatives may enter at reasonable times upon any private or public property to inspect and investigate conditions relating to pollution of any waters of the Village, inspect any monitoring equipment, inspect the drilling or operation of any well, and sample any discharges and may apply to the Court of Common Pleas having jurisdiction for a warrant permitting such entrance and inspection.
No person shall refuse entry to the Zoning Inspector and/or Village hydrologist or their duly authorized representative or willfully hinder or thwart such person in the exercise of any authority granted by this section.
(h) Each person as defined in subsection (c) hereof, is hereby declared to have a property right in any waters of the Village as defined herein which are capable of being utilized as a potable water supply to any structure they may own or have the right to use or for any lawful use engaged upon any property within the Village and any such person having a right to utilize such waters for a potable supply of water shall have a right to bring an action in equity or law to prevent or abate a nuisance or pollution of such waters and the right to obtain damages sustained by such person as a result of any violation of this section. Any such person shall have a right to seek and obtain treble damages and shall have the further right to reasonable attorneys' fees in the case of any wanton, willful or reckless disregard for the rights of persons for whom this section seeks to protect.
(i) No person shall violate or fail to perform any duty imposed by this section, or violate any term or condition of a permit issued by the Village for the operation of and/or construction of any gas or oil well or water well, nor engage in or permit any activity to occur which results in a violation of this section or in any other manner pollutes the waters of the Village whether such activity is engaged within or outside the borders of the Village. The Solicitor for the Village, upon the request of the Village hydrologist, Zoning Inspector, Mayor or Council for the Village shall bring an action for an injunction against any person violating or threatening to violate this section or violating or threatening to violate any term or condition of a permit issued for any well within the Village.
(j) Whoever violates any provisions of this section shall be fined not more than twenty- five thousand dollars ($25,000) or imprisoned not more than one year or both. A violation of this section shall be an unclassified misdemeanor. In addition to any criminal penalties that may be sought under this section, nothing shall prevent the Village or any person, as defined in subsection (c) hereof, from taking such other legal or equitable action as may be necessary to prevent or remedy a violation of this section.
(Ord. 1983-51. Passed 12-19-83.)