(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AQUIFER. A consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water.
BEST MANAGEMENT PRACTICE (BMP). A practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural and nonstructural practices, conservation practices, and operation and maintenance procedures, as defined by the Soil and Water Conservation District.
CERCLA. The Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendment and Reauthorization Act, being 42 U.S.C. §§ 9601 et seq.
CONTAMINANT. Any physical, chemical, biological, or radiological substance or matter that has an adverse effect on air, water, or soil.
INJECTION WELL. A well into which fluids are being injected and classified as per O.A.C. § 3745-34-04.
OSHA. The Occupational Safety and Health Act, being 29 U.S.C. §§ 651 et seq.
POTABLE WATER. Water suitable for human consumption as defined by SDWA.
PROTECTED PUBLIC WATER SUPPLY. A public water system which serves at least 15 service connections used by year round residents whose wells lie within the sole source aquifer.
REGULATED SUBSTANCES. Chemicals or mixtures of chemicals that are health hazards as specified in division (E) of this section.
RCRA. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, being 42 U.S.C. §§ 6901 et seq.
SDWA. The Safe Drinking Water Act, P.L. 95-523, as amended by P.L. 96-502, being 42 U.S.C. §§ 300f et seq.
SOLE SOURCE AQUIFER. The portion of the Buried Valley Aquifer System of the Great and Little Miami River Basins of Southwestern Ohio; determined to be the sole or principal source of drinking water for the village. Pursuant to § 1424(a) or (e) of the Safe Drinking Water Act (42 U.S.C. § 300h-3).
TIME-OF-TRAVEL BOUNDARY. A locus of points from which water takes an equal amount of time to reach a given destination such as a well or wellfield.
TSCA. The Toxic Substance Control Act, as amended, being 15 U.S.C. §§ 2601 et seq.
WELL. A bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension and whose purpose is to reach underground water or oil supplies, or to store or bury fluids below ground.
WELL FIELD. A tract of land that contains one or more wells for supplying water.
WELLHEAD. The physical structure, facility, or device at the land surface from or through which ground water flows or is pumped from subsurface water bearing formations.
(B) Purpose: aquifer protection “AP” and Wellhead Protection “WP” Overlay Areas.
(1) The regulations set forth in this section, or set forth elsewhere in this Zoning Code, are the zoning regulations for the Aquifer Protection Overlay “AP” and the Wellhead Protection Overlay “WP” Areas.
(2) The purpose of these regulations is to safeguard the public health, safety, and welfare and to provide for the protection and availability of the existing and future potable ground water supply in the village aquifer area.
(3) Furthermore, it is intended that the protected public water supply wells within the designated sole source aquifer boundaries be protected from contamination both by preventing increased risk and by reducing existing risk to the public water supply.
(4) These regulations set forth requirements, standards, and criteria for the control of toxic or otherwise hazardous contaminants within the sole source aquifer, primarily through the control of regulated substances and land use.
(C) Determination of applicability.
(1) It shall be the responsibility of any person owning real property and/or owning or operating a business within the Wellhead Protection Area and Aquifer Protection Area of the village to make a determination of the applicability of these regulations as they pertain to the property and/or business under his or her ownership or operation and his or her failure to do so shall not excuse any violations of these regulations.
(2) Nothing contained in these regulations 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 these regulations.
(D) Permitted land uses. Permitted land uses within the Aquifer Protection “AP” and Wellhead Protection “WP” Overlay shall be those of the existing zoning district, excepting those listed below, provided they meet all requirements of these regulations. Landfills comprised of demolition debris, fly ash, foundry sand, or other non-approved matter, junkyards, dry wells, and newly sited sanitary landfills are prohibited within the “AP” and “WP” Overlay Areas. Septage spraying and sludge spreading without prior approval from the Ohio Environmental Protection Agency and the Village Manager are prohibited within these overlay areas.
(E) Regulated substances.
(1) Regulated substances are chemicals or mixtures of chemicals that are or could be health hazards. Materials packaged for personal or household use as food or drink for humans or other animals are not regulated substances. Regulated substances include:
(a) Chemicals which are regulated by SDWA, TSCA, RCRA, OSHA, CERCLA, or other state and/or federal environmental laws and regulations, or for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes;
(b) Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard;
(c) Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis;
(d) Ingredients of mixtures prepared within the Aquifer Protection Overlay Area in cases where such ingredients are health hazards but comprise less than 0.1% of the mixture (on a weight per unit weight basis) if carcinogenic, or if less than 1% of the mixture (on a weight per unit weight basis) if non-carcinogenic; and
(e) Petroleum and non-sold petroleum derivatives (except non PCB dielectric fluids).
(2) Determination of whether a material is a regulated substance can be made upon review of a Material Safety Data Sheet (MSDS). This should be available from the manufacturer, vendor, or distributor of the product. The most recent United States Environmental Protection Agency Title III Lists of Lists is a reference to potential regulated substances and is not a comprehensive listing.
(3) Determination and verification of regulated substances shall be administered by the Village Manager or designee.
(F) Technical consultants. Upon application for a zoning permit and/or site plan review for a use within the Aquifer Protection and Wellhead Protection Overlay Areas, the Village Manager may obtain such technical expertise as needed to ensure compliance with the provisions of these regulations. The entire costs of obtaining the technical expertise, as needed to ensure compliance with the provisions of these regulations, shall be paid by the applicant in accordance with § 36.01 (Ord. 95-194).
(G) Site plan submission requirements. The following are submission requirements in addition to those stated elsewhere in this Zoning Code for all sites located within the Aquifer Protection and/or Wellhead Protection Overlay Areas.
(a) The locations where regulated substances will handled and stored, and/or contained in the event of a spill or leak;
(b) The location or type of security systems to be installed; and
(c) Detailed plans of all accidental spill or discharge containment measures.
(2) Description of regulated substances operations. Description of operations, activities, and processes to be conducted at the site, emphasizing those involving regulated substances. A list of regulated substances and expected quantities shall also be furnished.
(3) Regulated substances management plan. Methods to achieve compliance with the requirements for use, handling, and storage of regulated substances, contained herein for regulated substances.
(4) Site ground water monitoring plan. Location of both baseline and continuing monitoring wells, specifications for such wells and schedules for reporting monitoring results as specified by the Village Manager or designee as a condition of site plan approval.
(5) Emergency response plan. Procedures and responsibility, including required reporting to appropriate officials, in the event of any accidental or otherwise unauthorized release of any regulated substance at the site. This may be submitted at any time prior to the issuance of a certificate of occupancy.
(H) Spills, leaks, or discharges.
(1) Any entity or person with direct knowledge of a spill, leak, or discharge of a regulated substance within the Aquifer Protection and Wellhead Protection Overlay Areas shall, if such spill, leak, or discharge escapes containment, contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the local fire district, local emergency planning committee, the village and the Ohio Environmental Protection Agency within 30 minutes of knowledge of the discharge. Additionally, the entity or person shall provide the local fire district, at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substances, 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.
(2) Any entity or person who spills, leaks, or discharges the substances shall be liable for any reasonable expense, loss, or damages incurred by the county, village, and/or public water system operation in response to such an incident, in addition to the amount of any fines imposed thereof under state and federal law. The 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 30 days after the incident.
(3) The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, and the like, used in routine agricultural operations, including plant nutrients and crop protection materials, applied under best management practices as indicated by soil tests, the Ohio State University Extension, the Soil and Water Conservation District, and label directions approved by the United States Environmental Protection Agency or the state’s Department of Agriculture shall not be considered a spill, leak, or discharge subject to the reporting provisions of this section.
(I) Enforcement.
(1) Application. If any activity or use of a regulated substance is deemed by the Village Manager to be in violation of these regulations and pose a real and present danger of contaminating surface and/or ground water which would normally enter the public water supply, in accordance with R.C. § 713.13 or other applicable state laws, the Village Manager is authorized to:
(a) Cause cessation of the activity or use of the regulated substance;
(b) Require the provisions of administrative controls and/or facilities sufficient to mitigate the danger; and/or
(c) Cause the provision of pollution control and/or abatement activities.
(2) Consideration. When considering the exercise of any of the above authorities or actions, the Village Manager shall utilize the services of a technically qualified person in making such determination and shall notify and consult with the owner or designated representative of the potentially affected and/or affected public water supply to determine what measures need to be taken to ensure the public water supply is reasonably and a equally protected from contamination for the present and the future. The Village Manager 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) Inspections. Subject to applicable provisions of law, the Village Manager or 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 these regulations to ensure that activities are in accordance with the provisions of this Zoning Code. 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 administrate officer for the above stated purposes, the administrative officer may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter the property.
(J) Aquifer Protection “AP” Overlay Area Standards. Permitted uses in Aquifer Protection and Wellhead Protection Overlay areas shall be subject to the standards in this section.
(1) Establishment of Aquifer Protection AP Overlay standards. The Aquifer Protection Overlay Area shall be as defined as the five-year time of travel and sensitive zones in the Wellhead Protection Study for the village, as prepared by Panterra Consultants in 1995.
(2) Alternate criteria for determining buried valley hydrogeological setting.
(a) Where an owner determines there is sufficient doubt as to the location of the Aquifer Protection Area, he or she may have an assessment of hydrogeological conditions prepared by technically qualified personnel. This data will be submitted to the Planning Commission who, after consultation with the Village Manager or his or her designee, will make a final determination as to whether the tract of land in question should be determined as located within the Aquifer Protection Area in the implementation of these regulations. All expenses for the assessment shall be paid by the applicant.
(b) The hydrogeological site assessment shall include the following:
1. Literature search for information from previous hydrogeologic investigations on and surrounding the site;
2. Hydrogeologic investigations to characterize ground water conditions at the site if required by the Planning Commission;
3. Description of site hydrogeology including soils, ground water/surface water interactions, aquifer type (such as sand and gravel, bedrock), aquifer configuration, potential ground water storage, hydraulic parameters, susceptibility to contamination, boundary conditions, ground water flow rate and patterns, and an assessment of existing ground water quality; and
4. An assessment of existing ground water production patterns and an evaluation of the site with reference to wellfield zone of contribution, drinking water protection areas, and recharge areas.
(c) The hydrogeological site assessment approved by the Planning Commission shall take precedence in determining the adjustment of Aquifer Protection Overlay Area boundaries.
(d) Acknowledgment of outside time-of-travel boundaries: in the event similar time-of- travel boundaries are created outside the jurisdiction of this Zoning Code, utilizing Ohio Environmental Protection Agency Time Of-Travel Transport Models, and one- to five-year time-of-travel boundaries are created and do extend into the jurisdiction of this Zoning Code, upon completion of this code, the village will enforce its AP Overlay Areas regulations within this area.
(3) Use, handling, and storage of regulated substances. The use, handling, and storage of all regulated substances shall be in accordance with the following standards.
(a) All underground storage facilities used for regulated substances shall be designed and constructed with secondary containment systems that are capable of holding, at a minimum, 110% of the primary container.
(b) All underground storage facilities shall have a monitoring system approved by the Village Manager and the Ohio Environmental Protection Agency.
(c) Transfer and/or above-ground storage facilities for regulated substances shall be equipped with impervious containment and dikes enclosing the entire transfer and/or storage area of the facility. The volume of the diked area shall be capable of holding, at a minimum, at least 110% of the capacity of the largest tank contained therein. Dikes around above ground transfer and/or storage facilities, and the entire area enclosed by the dikes, shall be made impervious to the types of substances expected to be stored in the tanks. Drainage or precipitation from within the diked area shall be controlled in a manner that will prevent any regulated substance from entering the ground, ground water, or surface waters.
(d) All transfer and/or storage facilities shall have shut-off valves for piping, other conduits, and containers used for regulated substances designed in accordance with accepted engineering standards as specified by the Village Manager.
(e) The material used in the construction or lining of storage tanks shall be compatible with the substance to be stored. Storage tanks shall be protected against corrosion and designed in a manner approved by the Village Manager to prevent the release or threatened release of any stored regulated substance.
(f) Incompatible materials shall be located in separated areas within all transfer and storage areas on a site.
(g) The placement of any regulated substance in direct contact with the surface of the ground shall be prohibited. In lieu of placing regulated substances in direct contact with the surface of the ground, such substances should be underlain with diked pads or platforms constructed of impervious materials.
(h) Any storage of drums, tanks, or other vessels susceptible to weather related damage which contain or have contained regulated substances shall be protected against damage from heat, cold, rust, and other weather-related conditions.
(i) All transfer and/or storage areas of a facility where regulated substances are used, stored, or handled shall be adequately secured from access by unauthorized persons.
(j) The discharge or disposal of any regulated substance into any storm or sanitary sewer, except in accordance with a valid discharge permit, is prohibited.
(k) Pipelines which contain regulated substances shall be built or modified to meet secondary containment and monitoring requirements outlined within these regulations.
(4) Other ground water protection standards.
(a) Stormwater detention/retention basins shall be equipped with impermeable liners when necessary to prevent excessive infiltration into underlying aquifers.
(b) Residential developments not connected to a central wastewater treatment system shall comply with the County Combined Health District regulations.
(c) All residential wastewater disposal systems within the Aquifer Protection Overlay Area shall be required to be inspected annually by the County Combined Health District per its specifications. This requirement shall be fully implemented within one year of the effective date of these regulations. All wastewater disposal systems serving nonresidential uses and residential uses of four dwelling units or greater, within the Aquifer Protection Overlay Area shall, contingent upon agreement with the Ohio Environmental Protection Agency (OEPA), be required to be inspected annually by the County Combined Health District per its specifications. This requirement shall be fully implemented within one year of the effective date of the agreement with OEPA.
(d) Abandonment of wells shall be in accordance with requirements of Ohio's Private Water System Rules, O.A.C. Chapter 3701-28.
(e) Bulk storage facilities for road salt shall be equipped with diked pads or platforms and covers constructed of impervious materials.
(f) Storage of agricultural chemicals shall be in standard approved packaging, and application of such chemicals to real property shall be in accordance with best management practices, such as those recommended by the Ohio State University Extension or the County Soil and Water Conservation District and applied by the United States Environmental Protection Agency label directions.
(g) Mineral extraction activities within the AP Overlay Area shall be regulated according to all applicable Ohio Department of Natural Resources requirements and zoning requirements of the Aquifer Protection Overlay Area. In cases of differing requirements, the more restrictive regulation shall apply.
(h) Livestock operations shall have animal waste management plans approved by the County Soil and Water Conservation District in accordance with the requirements of O.A.C. § 1501:15-5.
(5) Non-operating facilities. No person or entity shall abandon, close, or temporarily cease operating facilities involving regulated substances without complying with the following:
(a) Any nonresidential use of property that becomes unoccupied or has discontinued operation for a period of 60 days or more shall remove all regulated substances from the site within 90 days from the date of discontinued use.
(b) An underground storage facility which is temporarily taken out of service for a period of six months to one year, but which the operator intends to return to use, shall be subject to the requirements of the State Fire Code dealing with the abandonment of tanks.
(c) Underground storage facilities abandoned for a period exceeding 365 days must be removed in accordance with the requirements of the State Fire Code.
(K) Ground water monitoring requirements. The following monitoring provisions may apply to new operations, modification of any existing operations, and/or any change of occupancy of all nonresidential uses requiring a building permit and/or a site plan review within Aquifer Protection and Wellhead Protection Overlay Areas that store or handle regulated substances. Application of agricultural chemicals and the like, and the existing storage facilities for such applications on land used for agricultural purposes as defined in the Wellhead Protection Code, shall not be exempted from ground water monitoring requirements. Newly constructed storage facilities for the purposes, erected after adoption of these regulations, may require ground water monitoring, if applicable.
(1) Consideration for applicability. The following criteria shall be utilized in determining the necessity of a monitoring system. If it is determined by the Village Manager that ground water monitoring is necessary, these rules apply:
(a) The nature of the proposed operation;
(b) The amount and potential risk of the regulated substances to be utilized;
(c) The existence and location of current monitoring systems;
(d) The characteristics of the aquifer in the vicinity of the site; and
(e) The proximity to a protected public water supply.
(2) Baseline monitoring. Baseline ground water monitoring shall be required at the proposed site of a new operation for a period of no less than three months prior to the date of issuance of a certificate of occupancy. Wells for such monitoring shall be of sufficient number, design, and location as specified by the Utilities Department to determine prevailing hydrogeologic conditions and baseline ground water quality. Parameters for baseline monitoring shall be determined by the Utilities Department. Baseline monitoring wells shall be sampled at least twice by the Utilities Department, with results forwarded to the Village Manager.
(3) Continuing monitoring.
(a) Following baseline monitoring, a program of continuing monitoring shall be required at the proposed site. Wells installed for baseline monitoring shall be used for the continuing monitoring program, along with supplemental monitoring wells installed as directed by the Utilities Department based on review of the baseline monitoring results.
(b) Continuing monitoring wells shall be sampled at least quarterly as specified by the Utilities Department. Parameters for continuing monitoring shall be determined by the Utilities Department with consultation by qualified water quality professionals as necessary.
1. Supplemental monitoring wells shall be installed at selected locations with the site down-gradient of specific sources of regulated substances such as storage tanks, loading areas, and the like.
2. Results of continuing monitoring shall be submitted at least quarterly and forwarded to the Village Manager.
3. When results of continuing monitoring indicate the presence of regulated substances not present in baseline monitoring results, or increases in the levels of such substances, the Village Manager shall, with the assistance from the Utilities Department, report the findings to the Ohio Environmental Protection Agency and/or consult with owners/officials of the facility or facilities in question to determine the origin of the substances and develop plans for addressing the situation.
(4) Other monitoring requirements. Ground water monitoring requirements of other federal, state, and local agencies in effect at the time of application of the provisions of the Wellhead Protection Zoning Code shall also apply in the AP and WP Overlay Areas as appropriate. Where the requirements of such regulations differ from those of this code, the more restrictive regulations shall apply.
(L) Wellhead Protection “WP” Overlay Area Standards. Permitted uses in the Wellhead Protection Overlay Area, defined as the one-year time of travel in the Wellhead Protection report, shall be subject to the standards in this section, as well as all those listed for the AP area.
(1) Establishment of Wellhead Protection Zone Overlay boundaries.
(a) The owner of any protected public water supply well or wellfield may establish a series of time-of-travel boundaries through the use of a professional engineer.
(b) Time-of-travel boundaries must be delineated for one- and five-year intervals surrounding the wellfield. The boundaries delineated shall assume maximum pumping capacity from the wellfield. One of the following methods shall be utilized in producing the time-of-travel boundaries; semi-analytical, analytical, or numerical flow/solute transport models, as defined by the Ohio Environmental Protection Agency. If a portion of a property is located within the WP Overlay Area, the entire property shall be governed by this section.
(c) Approval of a time-of-travel boundary as a Wellhead Protection Overlay shall be administered by the zoning amendment process, as provided in this Zoning Code or by the Planning Commission. The owner of the protected public water supply shall be acknowledged as the applicant.
(d) Upon the Planning Board approval, the one-year time-of-travel boundary shall be the boundary of the “WP” Overlay Area, effective 30 days after its approval.
(e) The Wellhead Protection Overlay Area shall be as defined as the one-year time of travel zone in the Wellhead Protection Study for the village, as prepared by Panterra Consultants in 1995.
(2) Alterations to the “WP” Overlay Area boundary.
(a) Where an owner determines that there is sufficient doubt as to the location of the time- of-travel boundary within the boundaries of his or her tract of land, he or she may make application to the Planning Commission. An application to exclude a tract of land from a WP Overlay Area must address the following issues:
1. Identification of the proximity of the one-year time-of travel boundary in relation to the tract of land;
2. Current land uses and existing zoning on the tract of land;
3. Review of adjacent hydrogeological site assessments as outlined and time-of-travel boundary computations as outlined in division (I) of this section;
4. Evidence of how the removal of a tract of land shall not adversely affect the integrity of the WP Overlay Area; and
5. The entire costs of obtaining all research, materials, and technical expertise, as needed to ensure compliance with the provisions of these regulations, shall be paid by the applicant as per division (F) of this section.
(b) Exclusion from the Wellhead Overlay Area does not necessarily exclude the property from the Aquifer Protection Overlay Area regulations.
(3) Acknowledgment of outside time-of-travel boundaries. In the event similar time-of-travel boundaries are created outside the jurisdiction of this Zoning Code, utilizing Ohio Environmental Protection Agency Time-of-Travel Transport Models, and one- to five-year time-of-travel boundaries are created and do extend into the jurisdiction of this Zoning Code, upon completion of this code, the village will enforce its WP Overlay Areas regulations within this area.
(4) Regulated substances maximum quantities. Use (storage, handling, and/or production) of regulated substances in conjunction with permitted uses within the WP Overlay Area shall be limited to:
(a) At any given time, a permitted zoning use may not exceed the reportable quantity for each regulated substance used, stored, handled, and/or produced at a given site, as established by 40 C.F.R. §§ 302 et seq. All unlisted regulated substances shall be limited to 100 pounds or 12.5 gallons at any time; and
(b) The total use, storage, handling, and/or production of regulated substances may not exceed 12 times the reportable quantity for each regulated substance as established by 40 C.F.R. §§ 302 et seq., or for unlisted regulated substances, 1,200 pounds or 150 gallons, in any 12-month period.
(5) Limited exclusions. Limited exclusions from the provisions of the code are authorized for:
(a) Cleaning agents: cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as product packages for use by the general public. In no case shall cleaning agents claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents;
(b) Construction materials: regulated substances associated with construction for which a zoning permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site provided such regulated substances do not pose a real and present danger of contaminating surface and/or ground water as determined by the Utilities Department;
(c) Office supplies: office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use; and
(d) Agricultural chemicals: a limited exclusion is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging, under specifications recommended by the manufacturer, and such chemicals are applied to real property under best management practices as indicated by soil tests, the Ohio State University Extension, the County Soil and Water Conservation District, and label directions approved by the United States Environmental Protection Agency and Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to real property 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/above-ground storage tank protection requirements of the AP and WP Overlay Area.
(6) Underground storage facilities. Five years from the effective date of a time-of-travel boundary Zoning Code initiation, only storage of vehicle fuel and vehicle lubricants and fuel for building and/or process heating may occur in underground storage tank systems in the WP Overlay Area. At that time fuels for nonresidential building and/or process heating and vehicle fuel and lubricants shall be secondarily contained and monitored in accordance with plans submitted to and approved by the Village Manager and in conformance with rules and regulations of O.A.C. § 1301:7-9. Present underground storage tanks containing fuel of residential building and/or process heating shall be exempt, and future usage in new residential construction is not permitted.
(7) Existing businesses/nonconforming maximum quantities. Existing businesses having nonconforming maximum quantities of regulated substances within the WP Overlay Area may make application to the Board of Zoning and Building Appeals to approve modifications in operation, changes in specific regulated substances used or stored, and/or increase the maximum quantities of regulated substances maintained on-site in response to changes in the market and/or need to increase production, provided that:
(a) All other methods to respond to changes in the market or increase production without exceeding the maximum quantities of reported regulated substances have been exhausted; and
(b) The business can demonstrate that there shall be no greater hazard and/or threat of hazard to the aquifer and/or ground water as a result of increasing the amount of regulated substances. The Board of Zoning and Building Appeals may approve increases to the maximum quantities of regulated substances only after review of the application by the Village Manager and/or his or her designee as outlined in the code.
(M) Reporting requirements of regulated substances.
(1) Any owner or occupant of a site used primarily for nonresidential uses other than agriculture in the WP Overlay Area shall file an initial regulated substance inventory report with the Planning Commission. The report shall be filed within 180 days of the effective date of these regulations and at 24-month intervals thereafter.
(2) Except as provided elsewhere, any new owner or occupant of any land in the Wellhead Protection Area shall file a regulated substance inventory report prior to receipt of a certificate of occupancy and at 24-month intervals following the date of occupancy.
(3) Exclusions beyond initial inventory reporting.
(a) Any exclusions set forth in this division(M)(3) shall apply provided that any spill, leak, discharge, or mishandling shall be subject to the regulations of division (H) of this section. Any exclusions granted herein shall not remove or limit the liability involved.
(b) An exclusion from regulated substance inventory reporting is hereby authorized for the transportation of regulated substances through the WP Overlay Area provided that the transporting vehicle is in compliance with applicable federal and state laws and regulations, and provided that the regulated substance is fueling the transporting vehicle or the transporting vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed 72 hours.
(c) A limited exclusion from regulated substances inventory reporting is hereby authorized for regulated substances that are contained within tanks that are designed as an integral part of the motor vehicle, and used specifically and solely for the operation of the motor vehicle. In no case shall the tanker portion of a tractor-trailer truck be included in this exclusion.
(4) (a) Entities engaged in agricultural activities that are required to file any SARA Title III, Community Right To Know Reports, shall also file copies of those reports with the Village Manager.
(b) The entities shall also maintain records of applications and purchases of agricultural chemicals per state and federal regulations. Such records shall be made available as required.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999