§ 27-381. Prohibitions, restrictions, and licensing within the wellfield protection area.
(a)
General prohibitions and restrictions on hazardous material wellfield facilities:
(1)
The storage, handling, use, or production of any regulated substance is prohibited in Zone 1, unless exempt pursuant to Section 27-382.
(2)
The release of any regulated substances in any quantity on soils, in ground water, or in surface waters is prohibited in any wellfield protection area.
(3)
The storage, handling, use, or production of any regulated substances outside secondary containment, as defined in Section 27-352, is prohibited in any wellfield protection area.
(4)
Buildings in a hazardous material wellfield facility shall have no floor drains or outlets, except those plumbed to a sanitary sewer.
(5)
All regulated substances shall be stored, handled, and used only in accordance with the manufacturer's instructions.
(6)
All regulated substances shall be stored solely in original consumer packages in which they are typically distributed for consumer or commercial use, or in other suitable containers properly labeled so as to indicate their contents.
(7)
All waste products and containers generated by the hazardous material wellfield facility shall be properly disposed of in accordance with federal, state, and county requirements.
(8)
All regulated substances stored and used by the hazardous material wellfield facility shall be used solely on-site for the maintenance or operation of the business.
(9)
All new surficial aquifer system water well locations should be chosen to minimize the impact of the wellfield protection restrictions on existing businesses.
(10)
Reclaimed water and untreated water shall not be released to the ground or be allowed to flow to within one hundred (100) feet from an existing water well.
(b)
General prohibitions and restrictions for hazardous material wellfield licensees:
(1)
In addition to the requirements set forth in Subsection (a), above, the following requirements also apply to all owners and operators of a hazardous material wellfield facility:
a.
The owner/operator shall apply for and obtain a hazardous material wellfield license prior to storing, handling, using, or producing any chemicals containing regulated substances.
b.
The owner/operator shall follow all general and specific conditions of the hazardous material wellfield license.
c.
The licensee shall maintain a written inventory of regulated substances listing all of the chemicals containing regulated substances stored, handled, used, or produced at the facility, the regulated substances found within each chemical, and the maximum quantities of each chemical that will be present at the facility. The inventory shall be updated when a new chemical compound containing regulated substances is added to the inventory or when an existing chemical compound is completely removed from the facility in Zone 1 or Zone 2. Notice of inventory changes shall be provided in accordance with Section 27-380.
d.
The licensee shall develop and submit a spill prevention and control plan on PPRAQD's form within thirty (30) days after receipt of the original license. The licensee shall implement its procedures immediately upon the release of a regulated substance.
e.
The licensee shall maintain emergency collection supplies and equipment, including but not limited to, absorbent materials and containers for storing the absorbent waste and equipment on site and in sufficient quantities to control a release of chemicals containing regulated substances.
f.
The licensee shall maintain manifests and receipts for all disposed waste for a minimum of five (5) years. All waste shall be disposed of in accordance with federal, state, and county requirements.
g.
The licensee is responsible for the proper storage, handling, use, production, and disposal of all regulated substances stored at the hazardous material wellfield facility being used in construction, renovation, repair activities, and demolition by contractors, subcontractors, consultants, and other parties. The licensee shall notify PPRAQD, Wellfield Protection Program, of an inventory change when regulated substances used for construction, renovation, repair activities, and demolition are moved to or from the facility and when the activities cease. The licensee shall be responsible for releases resulting from such activities.
(c)
Specific prohibitions and restrictions for hazardous material wellfield licensees:
(1)
Within Zone 1: Hazardous material wellfield facilities are prohibited unless exempt pursuant to Subsection 27-382(a) or (b). Exempt facilities shall obtain a hazardous material wellfield license prior to storing, handling, using, or producing any chemicals containing regulated substances.
(2)
Within Zone 2: Hazardous material wellfield facilities are prohibited unless authorized by a hazardous material wellfield license or exempt as provided in Subsection 27-382(b). The licensee of a hazardous material wellfield facility shall install one (1) or more monitoring wells at the owner/operator's expense as determined by PPRAQD, Wellfield Protection Program. The owner/operator shall sample the monitoring well(s) quarterly and submit the analytical results for each well to PPRAQD, Wellfield Protection Program, by the fifteenth (15th) day of the month following each quarter. Each monitoring well shall be constructed and sampled in accordance with the latest version of PPRAQD's Minimum Criteria for Monitoring Well Installation and Sampling . The quarterly sample collection periods are:
1 st quarter: January 1 through March 31
2 nd quarter: April 1 through June 30
3 rd quarter: July 1 through September 30
4 th quarter: October 1 through December 31
(3)
Within Zone 3: All facilities that meet any of the following criteria shall be required to obtain a hazardous material wellfield license, abide by the conditions of that license, and comply with the licensee restrictions of Subsections 27-381(b) and (c):
a.
Any facility that has a documented release of greater than twenty-five (25) gallons or two hundred and fifty (250) pounds of chemicals containing regulated substances other than Tetrachloroethene, Trichloroethene, Carbon Tetrachloride, Methylene Chloride, 1,1,1,-Trichloroethane, and 1,2-Dichloroethane; or
b.
Any facility that has a documented release of any quantity of chemicals containing the regulated substances Tetrachloroethene, Trichloroethene, Carbon Tetrachloride, Methylene Chloride, 1,1,1,-Trichloroethane, or 1,2-Dichloroethane.
(Ord. No. 2013-23, § 1, 6-11-13)