(a) Scope.
(1) The provisions of this Section 1280.02 shall be effective within the W-P Well Field Protection Overlay District, except as otherwise provided. This section provides for pollution control pertaining to the public water supply.
(2) Nothing contained in this section shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore were imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than the stated purpose of this Zoning Code.
(b) Administration. Except as otherwise provided herein, the Zoning Administrator or his or her designee shall administer, implement, and enforce the provisions of this section.
(c) Notice of Violation.
(1) Any person found in violation of any provisions of this section or any order, requirement, rule or regulation issued under the authority of this section will be served with a written notice stating the nature of the violation and providing reasonable time for compliance; provided however, written notice of violation may be dispensed with under the conditions described in division (i)(2) of this section, and provided further, that if the Zoning Administrator has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the Zoning Administrator may dispense with establishing another time period for compliance.
(2) The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the County tax record.
(d) Inspections. Subject to applicable provisions of law, the Zoning Administrator or his or her authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this section to ensure that activities are in accordance with the provisions of this section. Upon request of the entity which is the subject of the inspection, and if permitted by the State Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Zoning Administrator for the above stated purposes, the Zoning Administrator may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.
(e) Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, property or equipment which is a part of or used in conjunction with water facilities of the City and/or any other protected public water supply, or which results in the violation of the provisions of this section.
(f) Severability. A finding by any court or other jurisdiction that any part or provision of this section is invalid shall not affect the validity of any other part or provision of this Zoning Code that can be given effect without the invalid parts or provisions.
(g) Handling of Regulated Substances.
(1) No person shall place, deposit, or permit to be deposited, store, process, use, produce, dispose of, transport, or discharge, hereinafter referred to as "handle," any regulated substance on public or private property within the City or in any area under the jurisdiction of the City, except as provided by law, statute, ordinance, rule or regulation.
(2) Any violation of this division (g) is hereby determined to be a nuisance.
(h) Underground Storage Tanks Declared to Constitute Dangerous Nuisances.
(1) With the exception of the residential use of home heating fuel in tanks having a capacity equal to or less than 500 gallons, and underground storage systems for accessory vehicle fuel, vehicle lubricants, fuel for building heating and fuel for process heating, any storage of regulated substances in underground storage tanks within the W-P Well Field Protection Overlay District shall be deemed to constitute a dangerous nuisance. Every such nuisance must and shall be abated no later than 5 years from the effective date of this section.
(2) With the exception of residential use of home heating fuel in tanks having a capacity equal to or less than 500 gallons, any underground storage tank systems for vehicle fuel and lubricants and fuel for building and/or process heating within the W-P Well Field Protection Overlay District not removed within 5 years from the effective date of this Zoning Code must be secondarily contained and monitored in accordance with plans submitted to and approved by the Zoning Administrator and the Fire Department.
(i) Reporting Requirements.
(1) Regulated Substance Activity Inventory.
A. Applicability.
1. Except as provided in division (i)(1)(b) of this section, any owner or occupant of any land in the W-P Well Field Protection Overlay District at the effective date of this section shall file a Regulated Substance Activity Inventory Report with the Zoning Administrator. Said report shall be filed within 180 days of the effective date of this section and at 24-month intervals thereafter.
2. Except as provided in division (i)(1)(b) of this section, any new owner or occupant of any land in the W-P Well Field Protection Overlay District shall file a Regulated Substance Activity Inventory Report prior to receipt of a zoning certificate or a certificate of occupancy and at 24-month intervals following the date of occupancy. For purposes of this division, "new" shall be defined as subsequent to the effective date of this section.
3. Where a person owns, operates or occupies more than 1 location, Regulated Substance Activity Inventory Reports shall be made for each location.
4. Agricultural uses shall file a Regulated Substance Activity Inventory Report within 180 days of the effective date of this section and at 12-month intervals thereafter. Regulated Substance Inventory Activity Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
B. Exclusions to Activity Inventory Reporting.
1. Any exclusion set forth in this division 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 spill, leak, discharge or mishandling shall be subject to the provisions of division (i)(2) of this section. Any exclusions granted herein shall not remove or limit the liability and responsibility of any person or activity involved.
2. A limited exclusion from regulated substance activity inventory reporting is hereby authorized for incidental uses of regulated substances provided the uses are limited as follows:
a. The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.
b. The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.
3. A limited exclusion from regulated substance activity inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment in the W-P Well Field Protection Overlay District provided the uses are limited as follows:
a. The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time.
b. The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.
4. A limited exclusion from regulated substance activity inventory 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 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.
5. A limited exclusion from regulated substance activity inventory reporting is hereby authorized for medical and research laboratory uses in the W-P Well Field Protection Overlay District, 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.
6. An exclusion from regulated substance activity inventory reporting is hereby authorized for the transportation of regulated substances through the W-P Well Field Protection Overlay District provided that the transportation vehicle is in compliance with applicable local, State, and Federal laws and regulations; provided that the regulated substance is fueling the transportation vehicle; and provided that the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed 72 hours.
7. A limited exclusion from regulated substance activity inventory 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 waste regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly-owned wastewater treatment works.
(2) Spills, leaks or discharges.
A. Any person with direct knowledge of a spill, leak or discharge of a regulated substance within the W-P Well Field Protection Overlay District shall, if such spill, leak or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the Fire Department or the operator on duty at the affected or potentially affected water treatment facility by telephone within 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 other local, State and Federal reporting obligations as required by law.
B. The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, etc. used in routine agricultural operations, including plant nutrients and crop protection materials, applied under best management practices as indicated by soil tests, agricultural experts, or label directions approved by the United States EPA or the Ohio Department of Agriculture, shall not be considered a spill, leak, or discharge subject to the reporting provisions of this division.
C. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City in response to such an incident, in addition to the amount of any fines imposed on account thereof under 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 spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.
(3) 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 section.
(4) Retention of records. Any reports or records compiled or submitted pursuant to this section shall be maintained by the user for a minimum of 5 years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.
(j) Public Water Supply Protection Authorities.
(1) Application. If any activity or use of a regulated substance is deemed by the Zoning Administrator to pose a real and present danger of contaminating surface and/or ground water which would normally enter the public water supply, the Zoning Administrator, in accordance with Ohio R.C. 713.13, is authorized to:
A. Cause cessation of said activity or use of the regulated substance;
B. Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or
C. Cause the provision of pollution control and/or abatement activities.
(2) Considerations. When considering the exercise of any of the above authorities or actions, the Zoning Administrator shall consult with the appropriate administrative official of any potentially affected protected public water supply. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonably and adequately protected from contamination for the present and the future. The Zoning Administrator may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.
(3) Exemption of certain regulated substances. The Zoning Administrator is authorized to exclude certain regulated substances that pose no threat to groundwater, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the Zoning Administrator shall have such request for exemption reviewed by the Environmental Advisory Board. The recommendation of the Environmental Advisory Board shall be binding on the Zoning Administrator.
(4) Technical consultants. Upon application for a zoning certificate and/or certificate of occupancy for a use within the W-P Well Field Protection Overlay District, the Zoning Administrator may employ such technical expertise as needed to ensure compliance with the provisions of the well field protection sections of this Zoning Code. All costs incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the City to review an application for a zoning certificate and/or certificate of occupancy.
(k) Well Field Protection Appeals Board.
(1) Appeals. Any person may appeal an action of the Zoning Administrator made pursuant to this Zoning Code provided for under Chapter 1246 by filing a notice of appeal within 20 days of said action. Failure to appeal on a timely basis shall bar further appeal to the courts.
(2) Appeals Board. The Board of Zoning Appeals shall hear Well Field Protection Overlay District appeals. Said Board shall have the authority to hear appeals, investigate matters related to said appeals, and then uphold, reverse or otherwise modify the Zoning Administrator's actions.
(Ord. 16-2003. Passed 5-1-03.)