929.04  PRIMARY AREA REGULATIONS.
   (a)   Prohibited Activities.  The storage and production of regulated substances and the operation of sanitary landfills, landfills comprised of demolition debris, salvage yards and junkyards are prohibited within the Primary Area; unless such activity or facility has been granted a license by the State of Ohio to operate or unless a variance has been granted pursuant to Section 929.17.
 
   (b)   Use of regulated substances in conjunction with activities conducted within the Primary Area are limited as follows; unless a variance has been granted pursuant to Section 929.17:
      (1)    The aggregate of regulated substances, other than agricultural chemicals, in use may not exceed fifty-five (55) gallons or four hundred forty (440) pounds  at any one time.
      (2)    The use of agricultural chemicals (labeled for use and sale by licensed personnel) shall be conducted by using best management practices.
 
   (c)   Notwithstanding other provisions of Subsection 929.04(a), underground storage tanks, which exist on the effective date of this Chapter, which are located within the Primary Area, which are fully compliant with all applicable laws and regulations pertaining to such tanks and which are used exclusively to store fuel and lubricants for vehicle operation are permitted to remain in use.  Replacement of underground storage tanks is prohibited within the Primary Area with the exception of underground storage tanks regulated by the Ohio Fire Marshall, Bureau of Underground Storage Tank Regulation (BUSTR) and with the exception of heating fuel tanks in residential use having a capacity equal to or less than five hundred fifty (550) gallons; provided that these exceptions shall apply only to tanks which are fully compliant with all applicable laws and regulations pertaining to such tanks.
 
   (d)   An exclusion from the provisions of Subsection 929.04(b) is applicable to regulated substances which are cleaning agents; provided, however that such cleaning agents 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 and; provided further, that the aggregate inventory of such cleaning agents shall not exceed one hundred ten (110) gallons or eight hundred eighty (880) pounds at any time.  In no case shall this exclusion apply to hydrocarbon or halogenated hydrocarbon solvents.
 
   (e)   An exclusion from the provisions of Subsection 929.04(b) is applicable to:
      (1)   on-site use of building materials and paving materials in a mobile container temporarily on-site for purposes of installing or applying the building materials or paving materials and
      (2)   on-site use and storage of agricultural chemicals in a mobile container temporarily on-site for purposes of applying the agricultural chemicals.
[NOTE: THIS REGULATION DOES NOT RESTRICT THE USE OF AGRICULTURAL CHEMICALS APPLIED IN ACCORDANCE WITH BEST MANAGEMENT PRACTICES.]
 
   (f)   Unless regulated by the Ohio Fire Marshall aboveground storage tanks which are fully compliant with all applicable laws and regulations pertaining to such tanks and which are used exclusively to store fuel and lubricants for vehicle operation are permitted to remain in use provided they are protected by secondary containment in accordance with Section 929.16 to prevent releases to the City’s well fields.
 
   (g)   Nothing in this Section should be construed to apply the provisions of this Section to regulated substances contained in a vehicle and in use for the proper functioning of such vehicle, including by way of example and not by way of limitation, fuels, lubricants, antifreeze and the contents of batteries.  This exemption does not apply to cargo being transported or stored in such vehicle.
(Ord. 99-52.  Passed 2-16-99.)