929.17  VARIANCES
   (a)   Persons regulated under this Chapter may obtain a variance from the requirements of Sections 929.04, 929.05, 929.15 and/or 929.16 of this Chapter if the Service Director finds, as a result of a demonstration by such regulated person, that alternative design and operating practices and/or release mitigation measurers which, together with location characteristics, will prevent the migration of any regulated substance into the ground water or surface water at least as effectively as measures and limitations prescribed in this Chapter or that, in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to the City’s well field.
      (1)   In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Service Director will consider:
         (A)   The nature and quantity of the regulated substances;
         (B)   The proposed alternate design and operation and/or release mitigation measurers;
         (C)   The hydrogeologic setting of the facility, including the thickness of soils present between the tank system and ground water; and
         (D)   All other factors that would influence the quality and mobility of the regulated substances and the potential for them to migrate to ground water or surface water.
      (2)   In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, the Service Director will consider:
         (A)   The potential adverse effects on ground water and surface water, taking into account:
            (i)   The physical and chemical characteristics of the regulated substance in the tank system, including its potential for migration;
            (ii)   The hydrogeological characteristics of the facility and surrounding land;
            (iii)   The persistence and permanence of the potential adverse effects; and
         (B)   The potential adverse effects of a release on ground-water quality, taking into account:
            (i)   The quantity and quality of ground water and the direction of ground-water flow;
            (ii)   The proximity and withdrawal rates of ground-water users;
            (iii)   The current and future uses of ground water in the area; and
            (iv)   The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality; and
         (C)   The potential adverse effects of a release on surface-water quality, taking into account:
            (i)   The quantity and quality of ground water and the direction of ground-water flow;
            (ii)   The patterns of rainfall in the region;
            (iii)   The proximity of the tank, container or other thing or area intended to confine a regulated substance to surface waters;
            (iv)   The current and future uses of surface waters in the area and any water quality standards established for those surface waters; and
            (v)   The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality; and
      (3)   The owner or operator of a tank, container or other thing or area intended to confine a regulated substance, for which a variance from secondary containment had been granted in accordance with the requirements of this Section, at which a release of a regulated substance has occurred from the primary tank, container or other thing or area intended to confine a regulated substance, must:
         (A)   Cease use and prevent the flow or addition of regulated substances into the tank, container or other thing or area intended to confine a regulated substance. The owner or operator must immediately stop the flow of regulated substances into the tank, container or other thing or area intended to confine a regulated substance or secondary containment system and inspect the system to determine the cause of the release.
         (B)   Remove all regulated substances from the tank, container or other thing or area intended to confine a regulated substance or secondary containment system.
            (i)   If the release was from the tank, container or other thing or area intended to confine a regulated substance, the owner/operator must, within twenty-four hours after detection of the leak, or, if the owner/operator demonstrates that it is not possible, at the earliest practicable time, remove as much of the regulated substance as is necessary to prevent further release of regulated substances to the environment and to allow inspection and repair of the tank, container or other thing or area intended to confine a regulated substance to be performed.
            (ii)   If the material released was to a secondary containment system, all released materials must be removed within twenty-four hours or in as timely a manner as is possible to prevent harm to human health and the environment.
         (C)   Containment of visible releases to the environment. The owner/operator must immediately conduct a visual inspection of the release and, based upon that inspection:
            (i)   Prevent further migration of the leak or spill to soils or surface water; and
            (ii)   Remove, and properly dispose of, any visible contamination of the soil or surface water.
         (D)   Provision of secondary containment, repair, or closure.
            (i)   Unless the owner/operator satisfies the requirements of paragraphs (D)(ii) to (D)(iv) of this Subsection, the tank, container or other thing or area intended to confine a regulated substance must be closed.
            (ii)   If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released regulated substance is removed and repairs, if necessary, are made.
            (iii)   If the cause of the release was a leak from the primary tank, container or other thing or area intended to confine a regulated substance into the secondary containment system, the system must be repaired prior to returning the tank, container or other thing or area intended to confine a regulated substance to service.
            (iv)   If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of Section 929.16 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank, container or other thing or area intended to confine a regulated substance that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of paragraph (v) of this Subsection are satisfied.  Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank, container or other thing or area intended to confine a regulated substance), the entire component must be provided with secondary cotification of major repairs. If the owner/operator has repaired a tank, container or other thing or area intended to confine a regulated substance in accordance with this paragraph (D), and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank, container or other thing or area intended to confine a regulated substance must not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, registered professional engineer in accordance with paragraph (D) of rule 3745-50-42 of the Ohio Administrative Code that the repaired system is capable of handling regulated substances without release for the intended life of the system. This certification must be submitted to the Service Director within seven days after returning the tank, container or other thing or area intended to confine a regulated substance to use.
         (E)   Prevent the migration of regulated substances to ground water or surface water, if possible, and decontaminate or remove contaminated soil.
 
   (b)   To request a variance under this Section the regulated person shall make application to the Service Director in writing by the regulated person for a variance under this Section explaining why a variance is needed and providing the Service Director with sufficient information to conclude that a variance mat be granted pursuant to the requirements of this Section.  If a variance is granted under this Section, the Service Director will require the recipient of the variance to construct and operate any tank system for which a variance is granted in the manner that was determined by the Service Director to meet the requirements for the variance.
 
   (c)   The Service Director shall issue a written determination granting or denying the variance requested by a regulated person under this Section.
 
   (d)   Except as otherwise provided in this Chapter, an affected regulated person shall have the right to appeal from any determination of the Service Director, made in administering this Section, to the City Manager and to appear before the City Manager at a time and place to be determined by the City Manager.
(Ord. 00-456.  Passed 12-19-00.)
 
   (e)   Such notice of appeal shall be filed with the City Manager in writing within three (3) days after receipt of the written determination issued pursuant to Subsection (c) of this Section.
(Ord. 99-52.  Passed 2-16-99.)