1741.07 EXEMPTIONS.
   (a)   The provisions of this chapter shall not apply to the storage or disposal of hazardous waste and PCB or PCBs in any hazardous substance disposal site specifically approved by either the U.S. Environmental Protection Agency or the Ohio Environmental Protection Agency and which comport to Federal and State law.
 
   (b)   A person may petition the City Manager or his designee for an exemption from the requirement of Section 1741.04(a), and the City Manager or his designee may grant in writing an exemption, where not precluded by State or Federal law, if he finds that:
      (1)   Unreasonable risk of injury to health or environment would not result;
      (2)   Good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk of injury to health or the environment and which may be substituted for such PCB;
      (3)   The best interests of the City would be served by granting the exemption.
 
   (c)   The provisions of Sections 1741.03 and 1741.04 shall not apply to the use of waste samples of PCB or PCBs, samples of other substances or material containing PCB or PCBs, or PCB or PCBs reference samples for or in conducting analytical tests to determine the composition or characteristics of the sample.
 
   (d)   The provisions of Section 1741.02 shall not apply to the discharge of wastewater or wastewater derivatives authorized under a valid National Pollution Discharge Elimination System permit, or otherwise authorized to be discharged into a publicly-owned water treatment works.
 
   (e)   The provisions of Section 1741.03(d) shall not aply to the temporary storage of PCB or PCBs taken out of service, provided:
      (1)   The temporary storage does not exceed sixty days from the date that the PCB or PCBs are taken out of service;
      (2)   The PCB or PCBs being temporarily stored were previously placed into use and taken out of service within the corporate limits of the City or removed from service by a person lawfully using the PCB or PCBs within the corporate limits of the City;
      (3)   The PCB or PCBs being temporarily stored remain in the possession, custody, control or ownership of the person who used the PCB or PCBs;
      (4)   The previous use of the PCB or PCBs being temporarily stored was lawful;
      (5)   The date or dates that the PCB or PCBs were taken out of service and an indication that the containerized substance or mixture is a PCB or PCBs are clearly and indelibly marked on each respective storage container utilized whether a "PCB container", other container or receptacle. The date so marked shall be prima facie evidence of the date the PCB or PCBs were taken out of service.
 
   (f)   Notwithstanding the provisions of subsection (e) hereof, the provisions of Section 1741.03(d) shall not apply to the temporary storage or temporary accumulation of a PCB or PCBs taken out of service and being temporarily stored or temporarily accumulated, on or after January 1, 1983, and prior to the effective date of this chapter, which storage or accumulation is prior to the movement of the PCB or PCBs off-site for disposal at another location outside the corporate limits of the City, provided:
      (1)   The incidental temporary storage or accumulation does not exceed sixty days from the date that the respective PCB or PCBs were taken out of service; and
      (2)   Effective October 1, 1983, the date or dates the PCB or PCBs were taken out of service are clearly and indelibly marked on each respective storage container utilized whether a "PCB container" or other container, or receptacle in which the PCB or PCBs are being temporarily stored or temporarily accumulated, together with a clear and indelible indication that the particular containerized substance or mixture is a PCB or PCBs. The date or dates so marked shall be prima facie evidence of the date or dates the PCB or PCBs were taken out of service.
         (Ord. 83-309. Passed 6-28-83.)
 
   (g)   The provisions of Section 1741.03(d)(2) shall not apply to the storage of a PCB or PCBs taken out of service, provided:
      (1)   That not more than 2,000 gallons of a PCB or PCBs may be stored by any one person within the City;
      (2)   That the PCB or PCBs being stored remain in the possession, custody, control or ownership of the person who used the PCB or PCBs;
      (3)   That the previous use of the PCB or PCBs being stored was lawful;
      (4)   That the PCB or PCBs being stored were previously placed into use and taken out of service within the corporate limits of the City or removed from service by a person lawfully using a PCB or PCBs within the corporate limits of the City;
      (5)   That the substance being stored contain not more than 500 parts per million, on a dry weight basis, of the PCB or PCBs including any by-product, intermediate or impurity manufactured at any point in the process;
      (6)   That the PCB or PCBs be stored in a solid steel container completely enclosed in reinforced concrete and that the storage site be secured against acts of trespass, theft and vandalism;
      (7)   That the solid steel container in which the PCB or PCBs are being stored is emptied at least once every six months, and that the contents thereof be safely removed and disposed of at a hazardous substance disposal site;
      (8)   That the solid steel container in which the PCB or PCBs are being stored be inspected to determine its continued safe use at least once every year and that the City Manager be given written notice of any such inspection at least ten days in advance thereof;
      (9)   That upon the abandonment or discontinuance of use of any such solid steel container in which the PCB or PCBs have been or are being stored, the contents thereof, if any, together with the solid steel container and reinforced concrete enclosure be safely removed and disposed of at a hazardous substance disposal site.
(Ord. 85-642. Passed 11-19-85.)