1252.16 W-P WELL FIELD PROTECTION OVERLAY DISTRICT.

   (a)   Intent. The W-P Well Field Protection Overlay District is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of regulated substances. The area of the Well Field Protection Overlay Zone is described on the Official Zoning District Map and includes existing and proposed protected public water supply wells and their 1-year capture area. The intent of this designation is to protect the community's potable water supply against contamination.

   (b)   Applicability.

      (1)   Applicability of overlay district to underlying districts. The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the W-P Well Field Protection Overlay District on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

      (2)   Determination of applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the City to make a determination of the applicability of divisions (c) and (d) of this section and Section 1280.02 as they pertain to the property and/or business, and failure to do so shall not excuse any violations of such sections.

   (c)   Use, Bulk and Yard Regulations. The permitted uses, accessory uses, conditional uses, and bulk and yard regulations within the W-P Well Field Protection Overlay District shall be those of the underlying zoning district, except as follows:

      (1)   Sanitary landfills, dry wells, landfills comprised of demolition debris or other non- approved matter, and junkyards are prohibited within the W-P Well Field Protection Overlay District.

      (2)   When listed as a permitted use within the underlying zoning district, the excavation, extraction, mining or processing of sand, gravel and limestone from the earth for resale is permitted, provided that an excavation and facilities plan is submitted which provides the following information and assurances:

         A.   An existing site plan with topographic detail at 2-foot contour intervals, all planimetric information, depth to groundwater, and floodplain characteristics where applicable;

         B.   The proposed extent and depth of excavations;

         C.   The slope angle of excavation walls. Any final slopes shall be at the angle of repose for the remaining material;

         D.   Use and disposition of the spoil and/or overburden materials from the excavations including a landscaping and vegetation plan to stabilize any disturbed material;

         E.   A surface drainage plan demonstrating the following:

            1.   Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from off-site waterborne regulated substances;

            2.   The final on-site grading shall minimize all surface drainage into the excavations;

         F.   A post-excavation and operation land use plan;

         G.   A security plan . Unauthorized access shall be strictly prohibited as long as any excavations remain.

   (d)   Groundwater Protection Standards.

      (1)   Use, storage, handling and/or production of regulated substances in conjunction with permitted and conditional uses in this district shall be limited to:

         A.   Aggregate of regulated substances. The aggregate of regulated substances in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.

         B.   Total use of regulated substances. The total use, storage, handling and/or production of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

         C.   The application of U.S.E.P.A.-approved agricultural chemicals by licensed personnel using U.S.E.P.A. best recommended practices. Below-ground applications in excess of 100 gallons or 800 pounds in any 12-month period shall require 72-hour prior notice to the Zoning Administrator or his or her designee.

      (2)   A limited exclusion from the provision of division (d)(1) of this section is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited to:

         A.   The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time.

         B.   The total use, storage, handling and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.

      (3)   A limited exclusion from the provisions of division (d)(1) of this section is authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed 5 gallons or 40 pounds of each substance, and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

      (4)   A limited exclusion from the provisions of division (d)(1) of this section is 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 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

      (5)   A limited exclusion from the provisions of division (d)(1) of this section is authorized for on-site storage of a maximum 1-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under best management practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency (EPA) or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to crop land where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals either stored on-site or brought in from other locations from the inventory, spill reporting and underground storage tank protection requirements of the W-P Well Field Protection Overlay District.

      (6)   The underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted and conditional uses in this overlay district shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the Zoning Administrator or his or her designee.

      (7)   Notwithstanding other provisions of this section, nonconforming uses in this overlay district presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or process heating shall be permitted to replace existing tanks with those constructed as per the specifications of division (d)(5) of this section and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than the above noted fuels and lubricants is not permitted.

      (8)   As part of the information to be evaluated under Section 1244.07 prior to issuance of a zoning certificate, the Zoning Administrator shall utilize the Contaminant Hazard Potential Ranking System in division (e) of this section to assist in the determination of intensity of use within this district. No substitutions of a nonconforming use shall be permitted which result in an increase of the Contaminant Hazard Potential Ranking on a parcel within this district.

   (e)   Groundwater Hazard Potential Ranking System.

      (1)   Any existing uses legally storing, handling, using and/or producing regulated substances in amounts equal to or less than the requirements under division (d)(1) of this section are considered conforming uses and this section does not apply. Any new use or change of use shall maintain the conforming status of the property.

      (2)   Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated substance as reported according to Section 1280.02 as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of this Zoning Code.

      (3)   In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use, looking only at the most critical hydrologic factors.

      (4)   Table 1 below lists the site hazard potential by land use activity on a scale of I to 9, with 1 being a low hazard and 9 a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly used or stored on the site or the types and amounts of wastes commonly discharged.

      (5)   Table 2 below lists the hazard potential determined on the basis of materials known to be used, stored, or disposed of at a specific site.

      (6)   If the two tables referenced above indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the 2 scores is the rating for the site.

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
01	AGRICULTURAL PRODUCTION–CROPS	37622
02	AGRICULTURAL PRODUCTION– LIVESTOCK	–
021	Livestock, except dairy, poultry, and animal specialties	5 (for feed lots)
024	Dairy farms	4
025	Poultry and eggs	4
027	Animal specialties	37655
029	General farms, primary livestock	2
10	METAL MINING	–
101	Iron ores	4
102	Copper ores	6
103	Lead and zinc ores	5
104	Gold and silver ores	6
105	Bauxite and other aluminum ores	5
106	Ferroalloy ores, except vanadium	5
108	Metal mining services	4
1092	Mercury ore	6
1094	Uranium-radium-vanadium ores	7
1099	Metal ores not elsewhere classified	5
11	ANTHRACITE MINING	7
12	BITUMINOUS COAL AND LIGNITE MINING	7

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
13	OIL AND GAS EXTRACTION	–
131	Crude petroleum and natural gas	7
132	Natural gas liquids	7
1381	Drilling oil and gas wells	6
1382	Oil and gas field exploration services	1
1389	Oil and gas field services not elsewhere classified	Variable depending on activity
14	MINING AND QUARRYING NONMETALLIC MINERALS, EXCEPT FUELS	–
141	Dimension stone	2
142	Crushed and broken stone, including rip rap	2
144	Sand and gravel	2
145	Clay, ceramic, and refractory minerals	37656
147	Chemical and fertilizer mineral mining	37717
148	Nonmetallic mineral services	37627
149	Miscellaneous nonmetallic minerals, except fuels	37656
16	CONSTRUCTION OTHER THAN BUILDING CONSTRUCTION	–
1629	Heavy construction, not elsewhere classified (dredging, especially in salt water)	4
20	FOOD AND KINDRED PRODUCTS	–
201	Meat products	3

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
20	FOOD AND KINDRED PRODUCTS (Cont.)	–
202	Dairy products	2
203	Canned and preserved fruits and vegetables	4
204	Grain mill products	2
205	Bakery products	2
206	Sugar and confectionery products	2
207	Fats and oils	3
208	Beverages	37656
209	Miscellaneous food preparation and kindred products	2
22	TEXTILE MILL PRODUCTS, ALL EXCEPT LISTINGS BELOW	–
223	Broad woven fabric mills, wool (including dyeing and finishing)	6
226	Dyeing and finishing textiles, except wool fabrics and knit goods	6
2295	Coated fabrics, not rubberized	6
24	LUMBER AND WOOD PRODUCTS, EXCEPT FURNITURE	–
241	Logging camps and logging contractors	2
242	Sawmills and planing mills	2
2435	Hardwood veneer and plywood	4
2436	Softwood veneer and plywood	4

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
24	LUMBER AND WOOD PRODUCTS, EXCEPT FURNITURE (Cont.)	–
2439	Structural wood members, not elsewhere classified (laminated wood-glue)	–
2491	Wood preserving	5
2492	Particle board	4
2499	Wood products, not elsewhere classified	37959
26	PAPER AND ALLIED PRODUCTS	–
261	Pulp mills	6
262	Paper mills, except building paper mills	6
263	Paper board mills	6
28	CHEMICAL AND ALLIED PRODUCTS	–
2812	Alkaline and chlorine	37810
2813	Industrial gases	–
2816	Inorganic pigments	37687
2819	Industrial inorganic chemicals not elsewhere classified	37688
2821	Plastic materials, synthetic resins, and nonvulcanizable elastomers	37779
2822	Synthetic rubber (vulcanizable elastomers)	37779
2823	Cellulose man-made fibers	37779
2824	Synthetic organic fibers, except cellulosic	37779
2831	Biological products	37780

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
28	CHEMICAL AND ALLIED PRODUCTS (Cont.)	–
2833	Medicinal chemical and botanical products	37687
2834	Pharmaceutical preparations	37780
2841	Soap and other detergents, except specialty cleaners	37716
2842	Specialty cleaning, polishing, and sanitation preparation	37687
2843	Surface active agents, finishing agents, sulfonated oils, and assistants	37779
2844	Perfumes, cosmetics, and other toilet preparations	37685
2851	Paints varnishes, lacquers, enamels, and allied products	37748
2861	Gum and wood chemicals	37748
2865	Cyclic (coal tar) crudes, cyclic intermediates, dyes, and organic pigments (lakes and toners)	37780
2869	Industrial organic chemicals not elsewhere listed	37688
2873	Nitrogenous fertilizers	37809
2874	Phosphatic fertilizers	37809
2875	Fertilizer mixing only	5
2879	Pesticides and agricultural chemicals, not elsewhere listed	37749
2891	Adhesives and sealants	37748
2892	Explosives	37780
2893	Printing ink	37656
2895	Carbon black	37623
2899	Chemicals and chemical preparations, not elsewhere listed	37688

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
29	PETROLEUM REFINING AND RELATED INDUSTRIES	–
291	Petroleum refining	8
295	Paving and roofing materials	7
299	Miscellaneous petroleum and coal products	7
30	RUBBER AND MISCELLANEOUS PLASTICS PRODUCTS	–
301	Tires and inner tubes	6
302	Rubber and plastic footwear	6
303	Reclaimed rubber	6
304	Rubber and plastic hose belting	4
306	Fabricated rubber products, not elsewhere classified	4
31	LEATHER AND LEATHER PRODUCTS	–
311	Leather tanning and finishing	8
–	(all remaining three-digit codes)	37623
32	STONE, CLAY, GLASS AND CONCRETE PRODUCTS	–
321	Flat glass	4
322	Glass and glassware, pressed or blown	4
324	Cement, hydraulic	3
3274	Lime	3
3291	Abrasive products	3
3292	Asbestos	3
3293	Gaskets, packing, and sealing devices	3

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
33	PRIMARY METAL INDUSTRIES (except as noted below)	3
3312	Blast furnaces, steel works, and rolling and finishing mills	6
333	Primary smelting and refining of nonferrous metals	7
34	FABRICATED METAL PRODUCTS, EXCEPT MACHINERY AND TRANSPORTATION EQUIPMENT (except as noted below)	5
347	Coating, engraving, and allied services	8
3482	Small arms ammunition	7
3483	Ammunition, except for small arms not elsewhere classified	7
3489	Ordnance and accessories not elsewhere classified	7
349	Miscellaneous fabricated metal products	37685
35	MACHINERY, EXCEPT ELECTRICAL	37747
36	ELECTRICAL AND ELECTRONIC MACHINERY, EQUIPMENT AND SUPPLIES (except as noted below)	37747
3691	Storage batteries	8
3692	Primary batteries, dry and wet	8
37	TRANSPORTATION EQUIPMENT	37748
38	MEASURING, ANALYZING, AND CONTROLLING INSTRUMENTS; PHOTOGRAPHIC, MEDICAL, AND OPTICAL GOODS; WATCHES AND CLOCKS (except as noted below)	37716
386	Photographic equipment and supplies	7
39	MISCELLANEOUS MANUFACTURING INDUSTRIES	37686

 

TABLE I: CONTAMINANT HAZARD POTENTIAL RANKING (Classified by Source)
S.I.C. Number	Description of Waste Source	Hazard Potential Initial Ranking
49	ELECTRIC, GAS AND SANITARY SERVICES	–
491	Electric services	37684
3293	Gas production and distribution	3
492	Waster supply	2
494	Sewage systems	37656
4952	Refuse systems (landfills)	37749
4953	Stream supply	37655
Source: WMSRDC. A Pollutant Nature Sampling Plan for Ground Water Contamination in Region 14 (Muskegon, Ml: West Michigan Shoreline Regional Development Commission, November 1980)

 

TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type)
Description		Rating 1	I.D. No. 2
SOLIDS
Ferrous metals		37624	1100
Nonferrous		37627	1200
Resin, plastic and rubbers		2	1300
Wood and paper materials	Except as noted below	2	1400
	Bark	4	1401
Textiles and related fibers		2	1500
Inert materials	Except as noted below	2	1600
	Sulfide mineral - bearing mine tailings	6	1601
	Slag and other combustible residues	5	1602
	Rubble, construction, and demolition mixed waste	3	1603
Animal processing wastes	Except as noted below	37655	1700
	Processed skins, hides and leather	6	1701
	Dairy wastes	4	1702
	Live animal wastes - raw manure (feed lots)	5	1703
	Composts of animal waste	37655	1704
	Dead animals	5	1705
Edible fruit and vegetable remains - putrescibles		37654	1800

 

TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type)
Description	Rating 1	I.D. No. 2
LIQUIDS: Organic Chemicals (must be chemically classified)		2000
Aliphatic (fatty) acids	37684	2001
Aromatic (benzene) acids	37809	2002
Resin acids	–	2003
Alcohols	37747	2004
Aliphatic hydrocarbons (petroleum derivatives)	37716	2005
Aromatic hydrocarbons (benzene derivatives)	37779	2006
Sulfonated hydrocarbons	37809	2007
Halogenated hydrocarbons	37810	2008
Alkaloids	37810	2009
Aliphatic amines and their salts	37624	2010
Anilines	37779	2011
Pyridines	37657	2012
Phenols	37810	2013
Aldehydes	37779	2014
Ketones	37779	2015
Organic sulfur compounds (sulfides, mercaptans)	37810	2016
Organometallic compounds	37810	2017
Cyanides	37810	2018
Thiocyanides	37657	2019
Sterols	–	2020
Sugars and cellulose	37624	2021
Esters	37779	2022

 

TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type)
Description	Rating 1	I.D. No. 2
LIQUIDS: Inorganic chemicals (must be chemically classified)		2100
Mineral and metal acids	37748	2101
Mineral and metal bases	37748	2102
Metal salts, including heavy metals	37780	2103
Oxides	37748	2104
Sulfides	37748	2105
Carbon or graphite	37623	2106
LIQUIDS: Other chemical process wastes not previously listed (must be chemically classified)	–	2200
Inks	37656	2201
Dyes	37687	2202
Paints	37748	2203
Adhesives	37748	2204
Pharmaceutical wastes	37780	2205
Petrochemical wastes	37810	2206
Metal treatment wastes	37810	2207
Solvents	37780	2208
Agricultural chemicals (pesticides, herbicides, fungicides, and the like	37810	2209
Waxes and tars	37717	2210
Fermentation and culture wastes	37656	2211
Oils, including gasoline, fuel oil, and the like	37748	2212

 

TABLE II: CONTAMINANT HAZARD RANKING (Classified by Type)
Description		Rating 1	I.D. No. 2
Soaps and detergents		37716	2213
Other organic or inorganic chemicals, including radioactive wastes		37718	2300
Conventional Treatment process municipal sludges	From biological sewage treatment	37718	2301
	From water treatment and conditioning plants (must be chemically classified)	37656	2302
NOTES:   Rating 1:      Hazard Potential Initial Rating I.D. No. 2:   I.D. Number is for identification of waste types in the Reporting Form.
SOURCE: WMSRDC. A Pollutant Nature Sampling Plan for Ground water Contamination in Region 14 (Muskegon, Ml: West Michigan Shoreline Regional Development Commission, November 1980)

 

(Ord. 16-2003. Passed 5-1-03.)