929.05  SECONDARY AREA REGULATIONS.
   (a)   Prohibited Activities.  The operation of sanitary landfills, landfills comprised of demolition debris, salvage yards and junkyards are prohibited within the Secondary Area; unless such 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, storage, handling and/or production of regulated substances within the Secondary Area are limited as follows; unless a variance has been granted pursuant to Section 929.17:
      (1)   The aggregate of regulated substances, other than agriculture chemicals, in use, storage, handling and/or production may not exceed fifty-five (55) gallons or four hundred forty (440) pounds  at any one time.
      (2)   The use, storage, and handling of agricultural chemicals (labeled for use and sale by licensed personnel) shall be conducted by using best management practices.
 
   (c)   An exclusion from the provisions of Subsection 929.05(b) is applicable to regulated substances which are cleaning agents; provided however, 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.
 
   (d)   An exclusion from the provisions of Subsection 929.05(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.]
 
   (e)   Notwithstanding other provisions of Subsection 929.05(b), underground storage tanks, which exist on the effective date of this Chapter, which are located within the Secondary 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 Secondary 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.
 
   (f)   Unless regulated by the Ohio Fire Marshall aboveground storage tanks shall be protected by secondary containment in accordance with Section 929.16 to prevent releases to the City’s well fields.  Notwithstanding other provisions of this Section 929.05, any underground storage tank may be replaced with an aboveground storage tank which complies with the provisions of this Chapter.
 
   (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.)