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For purposes of this Chapter, the following terms, phrases and words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as defined in this Section 929.02. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) “Aboveground Storage Tank” means any one or combination of tanks (including aboveground pipes connected thereto) which is used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is less than ten (10) percent beneath the surface of the ground. Flow--through process tanks regulated by the Ohio Environmental Protection Agency or by the Ohio Fire Marshal are excluded from the definition of aboveground storage tank.
(b) “Agricultural Chemicals” means pesticides and fertilizers.
(c) “Aquifer” means a porous, water-bearing geologic formation composed of materials capable of yielding significant quantities of water.
(d) "Best management practices" means activities, prohibitions or practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of Ohio. Best management practices also include treatment, operating procedures, and practices to control site runoff, spillage or leaks [ie. releases], sludge or waste disposal, or drainage from raw material storage.
(e) “Certified Applicator” means any person certified to apply pesticides by Ohio’s Director of Agriculture.
(f) "Chapter" or ''this Chapter" means this Chapter 929 of the Codified Ordinances of the City, as amended from time to time, and any Regulations adopted hereunder.
(g) "City" means The City of Springfield, Ohio, or, as appropriate in the case of specific provisions of this Chapter, any board, bureau, authority, agency, commission, department, or any other entity of or acting on behalf of The City of Springfield, Ohio or any officer, official, employee. representative or agent thereof the designee of any of the foregoing, or any successor thereto.
(h) “City Manager” means the City Manager of the City.
(i) "Commission" means the City Commission of the City.
(j) “Service Director” means the Director of Service Department of the City.
(k) “Health Commissioner” means the Health Commissioner of the Clark County Combined Health District.
(l) “Injection well” means a well into which fluids are or can be injected, as further described in Ohio Administrative Code Section 3745-34-04; provided that the term injection well shall not apply to the following;
(1) Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump when there is no potential for the water used for heating and cooling to be contaminated with a regulated substance,
(2) Cooling water return flow wells used to inject water previously used for cooling when there is no potential for the water used for cooling to be contaminated with a regulated substance,
(3) Drainage wells used to drain primarily storm runoff, into a subsurface formation, and
(4) Recharge wells used to replenish the water in an aquifer.
(m) “ISO-Travel Time Contour” means a locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
(n) “MSDS sheet” means a material safety data sheet prepared in compliance with 29 CFR 1910.1200 and written in English.
(o) "Person" means any natural person or any association, firm, partnership, limited liability company, trust, joint venture, corporation or other legally recognized entity, whether for-profit or not-for-profit.
(p) "Pesticide" means any substance or mixture of substances intended for either of the following:
(1) Preventing, destroying, repelling, or mitigating any pest;
(2) Use as a plant regulator, defoliant, or desiccant.
(q) “Potable Water” means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.
(r) “Protected Public Water Supply” means a public water system which services at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents, and having a time-of-travel area(s) defined through appropriate hydrologic studies.
(s) "Public nuisance" means any building, structure, excavation, basement, cellar, well, cistern, storage area or any part thereof, or any item of personal property or any activity located in the Primary or Secondary Areas which creates or poses a danger to the City’s wellheads and/or well fields.
(t) "Reduced pressure principle backflow prevention device" means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shut-off valves located at each end of the device, and each device shall be fitted with properly located test cocks.
(u) “Regulated Substances” means chemicals and mixtures of chemicals which are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not regulated substances. Regulated substances include:
(1) Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
(2) Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
(3) Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one (1.0) percent or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one (0.1) percent or greater of the composition on a weight per unit weight basis.
(4) Ingredients of mixtures prepared within the Primary or Secondary Areas in cases where such ingredients are health hazards but comprise less than one tenth of one (0.1) percent of the mixture on a weight per unit weight basis if carcinogenic or less than one (1.0) percent of the mixture on a weight per unit weight basis if non- carcinogenic.
(5) Petroleum, petroleum-based products and non-solid petroleum derivatives (except non-polychlorinated biphenyl dielectric fluids).
(6) Antifreeze, transmission fluids, brake fluids and coolants.
(7) Solvents (raw or spent), including cleaning solvents, degreasing solvents, stripping compounds, dry cleaning solvents, painting solvents, and/or hydrocarbon of halogenated hydorcarbon solvents.
(8) Inks, printing and photocopying chemicals and waste rags used for solvent-based cleaning.
(9) Organic pigments.
(10) Liquid storage batteries.
(11) Non-aerosol, non-latex based paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds, paint sludges and paint filters.
(12) Corrosion and rust prevention solutions.
(13) Industrial and commercial cleaning supplies, including drain cleaners.
(14) Sanitizers, disinfectants, bactericides and algicides.
(15) Pesticides, herbicides, and fertilizers.
(16) Acids and bases with a pH less than or equal to 2 or greater than or equal to 12.5.
(17) Aqueous metals.
(18) Substances listed in the following regulations:
(A) 40 CFR Part 355, Appendix A [List of Extremely Hazardous Substances]
(B) 40 CFR Part 302, Table 302.4 [List of Hazardous Substances and Reportable Quantities for Releases]
(C) 40 CFR Part 372, Subpart D [Toxic Chemical Listing]
(D) Ohio Administrative Code Section 3745-100-10.
(v) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a tank, container or other thing or area intended to confine a regulated substance, in an amount of five (5) gallons or of fifty (50) pounds or more into ground water, surface water or subsurface soils or otherwise into the environment.
(w) “Underground Storage Tank” means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is ten (10) percent or more beneath the surface of the ground. Flow--through process tanks regulated by the Ohio Environmental Protection Agency or by the Ohio Fire Marshal and septic tanks approved by the Clark County Combined Health District, as applicable, are excluded from the definition of underground storage tank.
(x) “Well Field” means a tract of land that contains a number of wells for supplying potable water used for human or animal consumption.
(y) “Zone of Influence” means a zone delineated by ISO-travel time contours around well fields. The zone is calculated, based on the rate of movement of groundwater in the vicinity of wells.
(Ord. 99-52. Passed 2-16-99.)