§ 39.01.05. Prohibitions and restrictions in the wellhead protection area and buffer zone.

This section establishes the standards (rules) to be followed by all existing and new facilities.

(A)

Any spills of regulated substances, including but not limited to, pesticides and fertilizers, shall be reported to the service-safety director or his or her designee immediately upon detection of the spill.

(B)

Regulated substances. Substances that are subject to regulation include, but are not limited to the following:

(1)

Chemicals, mixtures and other substances or components thereof that are known or suspected (as classified by EPA standards) carcinogens, toxic or highly toxic agents, corrosives, or substances known or suspected (as classified by EPA standards) to be a health hazard, or require monitoring as a primary or secondary contaminant under the Safe Drinking Water Act of 1986 (Public Law 93-523) as amended;

(2)

Chemicals which are regulated by SDWA, TSCA, RCRA, OSHA, CERCLA, SARA, FIFRA or other state and/or federal environmental laws and regulations, or for which there is scientific evidence that acute or chronic health effects can result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, endocrine disruptors, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, obnoxious substances causing odor and taste problems, and agents which damage the lungs, skin, eyes, or mucous membranes;

(3)

Petroleum or petroleum-based products, including fuels, fuel additives, lubricating oils, motor oils, hydraulic fluids, and other similar petroleum-based products;

(4)

Antifreeze, transmission fluids, brake fluids, and coolants;

(5)

Solvents (raw or spent), including cleaning solvents, degreasing solvents, stripping compounds, dry cleaning solvents, painting solvents, and/or hydrocarbon or halogenated hydrocarbon solvents;

(6)

Inks, printing and photocopying chemicals and waste rags used for solvent-based cleaning organic pigments;

(7)

Liquid storage batteries;

(8)

Nonaerosol, nonlatex-based paints, primers, thinners, dyes, stains, wood preservatives;

(9)

Corrosion and rust prevention solutions;

(10)

Industrial and commercial cleaning supplies, including drain cleaners;

(11)

Sanitizers, disinfectants, bactericides, and algaecides;

(12)

Pesticides, and fertilizers;

(13)

Acids and bases with a pH less than or equal to two or greater than or equal to 12.5;

(14)

Aqueous metal(s) and metallic solutions;

(15)

Road salt (only when stored in WHPA or WHPBZ); or

(16)

Any other material containing one percent or more by weight of a hazardous raw or waste product that is regulated as an "extremely hazardous substance" under Section 302 of the Emergency Planning and Community Right-of-Know Act (EPCRA) (OAC, Chapter 3750-20); as a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) (OAC, Chapter 3750-30) or as a "toxic chemical" regulated under Section 313 of the EPCRA (OAC 3745-100) and all OSHA regulations.

(C)

Baseline quantity threshold (BQT). Substances shall be considered regulated when, in solutions or mixtures, in those proportions suggested for normal use or application:

(1)

The aggregate of regulated substances in use exceeds 20 gallons or 160 pounds dry weight at any one time, or the total use of regulated substances exceeds 55 gallons or 400 pounds dry weight during any period of 12 consecutive months.

(2)

The administering authority or her/his designee(s) may establish a lower BQT for any substance deemed to present a significant hazard to the water supply in amounts lower then the quantities specified in subsection(A)(1).

(D)

BQT appeals. A business in the wellhead protection area may appeal to the administering authority or his/her designee(s) in conjunction with the planning commission and the expert/consultant for use of a specific substance in excess of the stated BQT if:

(1)

The regulated substance does not present a threat to the groundwater due to the nature of the containment and the method of handling and disposal.

(2)

The geological expert/consultant employed by the city confirms that the substance does not constitute a threat due to reduced risk because of the containment, handling and disposal.

(3)

Water monitoring equipment is installed on site if recommended by the city's expert/consultant.

(4)

The cost for expert consultancy is borne by the business asking for the variance.

(E)

Prohibited land uses/activities/facilities in the wellhead protection area and buffer zone. Unless explicitly permitted by other sections of this title, the following activities, businesses, operations and/or land uses are absolutely prohibited in the WHPA and WHPBZ:

(1)

Commercial junk and salvage yards, commercial sanitary/solid waste landfills, and construction and demolition debris landfills.

(2)

Disposal of shingles, asphalt, and/or lead-based or lead-containing materials.

(3)

Use of fly ash, fly ash containing materials, or other ash material for fill material.

(4)

Manufacturing, processing or recycling or disposal of regulated substances as the principal activity.

(5)

Commercial establishments for motor vehicle repair/service shops and/or body repair.

(6)

Trucking or bus terminals.

(7)

Animal feed lots.

(8)

Primary metal product industries, metal plating, polishing, etching, engraving, anodizing, or similar processes.

(9)

Lawn, garden, pesticide, and agricultural services with onsite bulk mixing of fertilizers, pesticides, and other industry-related chemicals for commercial application.

(10)

Use of oil, waste oil, or similar liquid petroleum-type products for dust, pest, or weed suppression.

(11)

Dry cleaning facilities with onsite dry cleaning service.

(12)

Land application of sewage sludge, pesticides and fertilizers not permitted in other sections of this title. See Section 39.01.07(A) for provisions and exceptions regarding pesticide and fertilizer applications.

(13)

Dry wells.

(14)

Injection wells.

(15)

Underground storage tanks.

(16)

Drilling, mining, exploration and extraction operations including, but not limited to petroleum, natural gas, and minerals.

(17)

The storage and/or disposal of wastewater and other byproducts associated with drilling, mining, exploration and extraction operations.

(F)

Discontinuance of operation or use. The owner or operator of any facility that is expected to become unoccupied or have discontinued operation for a period of 60 consecutive days shall:

(1)

Notify the administering authority in writing of the date of the property becoming unoccupied or of the discontinuance of operation. Notification shall occur no later than the day upon which the property becomes unoccupied or the operation actually ceases. Such notification shall include the owner's name, phone number, and address and the name, phone number, and new address of any facility operator.

(2)

Remove all regulated substances from the property within seven days of receiving knowledge that the facility will have a discontinuance of operation or use for 60 consecutive days or upon notice from the administering authority to remove the regulated substance.

(Ord. No. 0-58-09, § I, 6-1-2009; Ord. No. 0-52-12, § II, 5-7-2012; Ord. No. 0-123-18, § I, 12-3-2018)