(a) Regulated Substance Activity Inventory:
(1) Applicability:
(A) Each owner or occupant of any land in the Primary or Secondary Areas shall file a Regulated Substance Activity Inventory Report with the Health Commissioner. Said Report shall be filed on or before December 31 of each odd numbered year and shall be updated between reporting dates to report added/new regulated substances and increased amounts of regulated substances on the subject land.
(B) Each new owner or occupant of any land in the Primary or Secondary Areas shall file a Regulated Substance Activity Inventory Report within one hundred eighty days after taking possession of such land and thereafter shall file Regulated Substance Activity Inventory Reports in compliance with Subsection 929.07(a)(1)(A). For purposes of this paragraph, "new" shall be defined as subsequent to the effective date of this Chapter.
(C) Each person who owns, operates, or occupies more than one location, within the Primary or Secondary Areas shall file the Regulated Substance Activity Inventory Reports required under this Section for each location.
(D) Each Certified Applicator applying agricultural chemicals within the Primary or Secondary Areas shall provide a copy of his/her applicator’s current license issued by the Ohio Department of Agriculture to the Health Commissioner prior to applying any agricultural chemicals in either the Primary or Secondary Areas.
(E) Regulated Substance Inventory Activity Reports shall disclose the following data:
(i) The identity of the reporting person and such information as the Health Commissioner may request to enable him/her to communicate with the reporting person.
(ii) A description of the area(s) where regulated substances will be stored and/or applied on the relevant site(s).
(iii) Such information as the Health Commissioner may require to identify the type and amounts of regulated substances stored and/or applied on the relevant site(s); including a copy of the MSDS sheet for each regulated substance stored on the relevant site(s) during the reporting period,
(iv) Total annual on-site storage of regulated substances for the relevant site(s).
(2) Exclusions from Activity Inventory Reporting:
(A) Any exclusion set forth in this Subparagraph 929.07(a)(2) shall apply; provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well fields; and provided further that any release shall be subject to the provisions of Subsection 929.07(b). Any exclusions granted herein shall not remove or limit the liability and responsibility of any person.
(B) An exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for incidental uses of regulated substances provided the uses are limited as follows:
(i) The aggregate of regulated substances in use may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any one time and
(ii) The total use of regulated substances may not exceed fifty-five (55) gallons or four hundred forty (440) pounds during any period of twelve (12) consecutive months.
(C) An exclusion from Regulated Substance Inventory Activity reporting is hereby authorized for 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 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 regulated substances to which this exclusion applies include hydrocarbon or halogenated hydrocarbon solvents.
(D) An exclusion from Regulated Substance Inventory Activity reporting is hereby authorized for the transportation of regulated substances through the Primary or Secondary Areas; provided that the transportation vehicle is in compliance with applicable local, State, and Federal laws and regulations and provided that the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed twenty-four (24) hours.
(E) An exclusion from Regulated Substance Inventory Activity reporting is hereby authorized for owners and occupants of single or two family residences; provided however, the storage and use of regulated substances are related to the maintenance of the residence or vehicles under control of the occupant and provided regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly-owned wastewater treatment works.
(F) An exclusion from Regulated Substance Inventory Activity Reporting is hereby granted to on-site storage within the Secondary Area of a maximum one-year supply of agriculture chemicals to be used for routine on-site agriculture operations.
(G) An exclusion from Regulated Substance Inventory Activity Reporting is hereby granted to on-site storage of heating fuels for residential use stored in a tank having a capacity equal to or less than five hundred fifty (550) gallons.
(b) Release of Regulated Substances:
(1) Any person with direct knowledge of a release of a regulated substance within the Primary or Secondary Areas shall, if such release escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice:
(A) to the City by dialing “911” and advising of the release and
(B) to the Services Director or to the operator on duty at the affected or potentially affected water treatment facility by telephone, within thirty (30) minutes. The notification shall include, at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate or otherwise affect a person’s obligations to comply with all other applicable local, State, and Federal laws and regulations.
(Ord. 00-456. Passed 12-19-00.)
(2) The application of agricultural chemicals used in routine agricultural operations and applied using best management practices, shall not be considered a release subject to the reporting provisions of this Chapter.
(3) Any person who releases said substance(s) shall be liable for any expense, loss or damages incurred by the owner of a protected public water supply and/or by the operator of a protected public water supply for damages resulting from such an incident, in addition to the amount of any fines imposed on account thereof under City, State and Federal law. Said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such releases as soon as practicable following the incident, but no later than one hundred eighty (180) days after the incident.
(c) Falsifying Information. No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this Chapter.
(d) Retention of Records. Any reports or records compiled or submitted pursuant to this Chapter shall be maintained by the owner of such reports or records for a minimum of five (5) years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.
(Ord. 99-52. Passed 2-16-99.)