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(A) The following uses are conditional uses within the "WP" Well Field Protection Overlay District. They are also shown in Appendix A - Schedule of Permitted and Conditional Uses.

(1) The conditional uses within the "WP" Well Field Protection Overlay District shall be those of the underlying zoning district, except as specified in Sections 1000.12610(A)(2) and 1000.12611.

(2) The excavation, extraction, mining, or processing of sand, gravel, and limestone from the earth for resale shall remain as conditional uses in the "WP" Well Field Protection Overlay District subject to Board of Zoning Appeals approval of an excavation and facilities plan that includes, but is not limited to:

(a) An existing site plan with topographic detail at two feet contour intervals, all planimetric information, depth to ground water and flood plain characteristics where applicable;

(b) The proposed extent and depth of excavation;

(c) 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) Surface drainage plan.

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 in the excavations.

(f) A post-excavation and operation land use plan; or

(g) A security plan (unauthorized access shall be strictly prohibited as long as any excavations remain on-site).

1000.12611 PROHIBITED USES

Sanitary landfills, drywells, landfills comprised of demolition debris or other non-approved matter, and junkyards are prohibited within the "WP" Well Field Protection Overlay District.

1000.12620 BEST MANAGEMENT PRACTICES AND EXEMPTIONS

(A) To the maximum extent practical, owners and operators within the "WP" Well Field Protection Overlay District shall implement best management practices (BMPs) to reduce risk of release and pollution of the environment. BMPs apply to use, storage and production of regulated substances listed in Section 1000.12620 (D). BMPs are defined as "schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the risk of a release".

(1) BMPs include, but are not limited to, the following: treatment techniques, operating procedures, and practices to control runoff, spills, and leaks.

(2) Spill control measures shall include, but are not limited to the following:

(a) Secondary and tertiary containment systems, including the use of containment during chemical storage, transfer, and use. The containment system shall be designed to capture 110% of a release from a primary containment unit.

(b) Adopting standardized spill response protocols and providing training to employees to help insure response protocols are enacted if a spill or release occurs.

(c) Drums and other types of containers holding Regulated Substances and wastes of such substances as defined in Section 1000.12550(D) shall be stored within secondary containment.

(B) Existing containment systems and procedures shall not be removed, nor shall their ability to contain spills be compromised, so long as regulated substances are stored, transferred or used within the containment areas. Containment systems shall be maintained in good working order. Improvements and/or additions to containment systems may be performed so long as the ability to contain a spill is not compromised. Temporary approved containment systems may be required during maintenance and/or improvement activities.

(C) The following types of products and volumes are exempt from BMP requirements within the "WP" Well Field Protection Overlay District:

(1) Up to 110 gallons or 800 pounds, in the aggregate of regulated substances used for routine maintenance.

(2) Medical and laboratory research substances used in containers not larger than 5 gallons in size.

(3) Cleaning agents packaged for personal or household use.

(4) Construction materials stored at or being transported to a permitted construction site which do not pose real or present danger of causing contamination.

(5) Office supplies packaged for personal or office use.

(6) Refrigerants contained in on-site cooling equipment or contained in household appliances, including refrigeration repair service storage vessels.

(7) The through transport of a regulated substance, so long as the transporting vehicle is not stopped or parked within the "WP" Well Field Protection Overlay District.

(8) Properly maintained liquid filled transformers.

(9) Motor vehicle fuels and other liquids that are stored on and are an integral part of an operable motor vehicle or boat and used specifically and solely for the operation of the vehicle in which the substances are contained. This does not include the tanker portion of a tractor-trailer or similarly purposed vehicle.

(10) Heating oil for residential uses, stored in tanks with a total capacity of less than 500 gallons per residential lot.

(D) Substances to be regulated, hereinafter referred to as regulated substances, are chemicals and mixtures of chemicals, which are health hazards. Regulated substances include:

(1) Chemicals 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, hepotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system and agents which damage the lungs, skin, eyes, or mucous membranes.

(2) Mixtures of chemicals, which have been tested as a whole and have been determined to be a health hazard.

(3) 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 one percent (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 one-tenth percent (0.1%) or greater of the composition on a weight per unit weight basis.

(4) Ingredients of mixtures prepared within the "WP" Well Field Protection Overlay District in cases where such ingredients are health hazards but comprise less than one-tenth percent (0.1%) of the mixture (on a weight per unit weight basis) if carcinogenic or less than one percent (1%) of the mixture (on a weight per unit weight basis) if noncarcinogenic.

(5) Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids).

(E) New underground storage tanks (USTs) shall be permitted within the "WP" Well Field Protection Overlay District so long as said tanks comply with Ohio Administrative Code 1301:7-9-10 (BUSTR program). Existing USTs are permitted so long as their construction, leak detection and maintenance programs meet all local and state UST rules and regulations.

(F) Wastewater Disposal. All uses within this district shall be connected to the public wastewater disposal system within a three (3) year period from the effective date of this article or have a wastewater disposal system approved by the Miami County Health District.

NOTE: THIS REGULATION DOES NOT RESTRICT THE USE OF AGRICULTURAL CHEMICALS APPLIED IN ACCORDANCE WITH BEST MANAGEMENT PRACTICES AND/OR LABEL DIRECTIONS.

1000.12630 ENFORCEMENT

(A) Enforcement Provisions. The enforcement provisions within Section 1000.12630 through Section 1000.12680, inclusive, of this Zoning Code are incorporated herein by reference and apply to all land within the "WO" Wellhead Operation District and the "WP" Well Field Protection Overlay District.

(B) Management of Regulated Substances. 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 "WP" Well Field Protection Overlay District except as provided by law, statute, ordinance, rule or regulation. With the exception of single-family or two-family residences wherein the regulated substances are for the normal and customary maintenance of the residence or vehicles under control of the occupant, the use of any land, building, or structure in the "WP" Well Field Protection Overlay District or the "WO" Wellhead Operation District in which any regulated substances are handled and for which an occupancy certificate has not been issued is hereby determined to be a dangerous public nuisance. Any violation of this section is hereby determined to be a nuisance and must be abated.

(C) Public Water Supply Protection Authority. If any activity or use of regulated substance is deemed by the Zoning Administrator to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the Zoning Administrator is hereby authorized to:

(1) Cause cessation of said activity or use of the regulated substance;

(2) Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or

(3) Cause the provision of pollution control and/or abatement activities.

When considering the exercise of any of the above authorities or actions, the Zoning Administrator shall consult with the Troy Utilities Supervisor. 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.

(D) Inspections. Subject to applicable provisions of law, the Zoning Administrator 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 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, the Zoning Administrator may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property; but no consent is necessary for entry into areas then open to the public or to customers.

(E) Technical Consultants. Upon application for a zoning certificate and/or occupancy certificate for a use within this overlay district, the Zoning Administrator may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All reasonable costs, as determined by the City of Troy, incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged to review an application for a zoning certificate and/or occupancy certificate.

1000.12640 REPORTING REGULATED SUBSTANCE SPILLS, LEAKS, OR DISCHARGES

(A) Notification Required. Any person with direct knowledge of a spill, leak or discharge of a regulated substance that escapes containment or contacts a pervious ground surface within the "WP" Well Field Protection Overlay District and such spill, leak or discharge is not immediately and completely remediated, shall give notice to the Troy Police Department or Troy Fire Department by telephone within thirty (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) Application of Agricultural Chemicals Not a Spill, Leak or Discharge. The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur 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 paragraph.

(C) Liability and Required Documentation. 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 of Troy 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 one hundred eighty (180) days after the incident.

(D) 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.

1000.12650 EXEMPTION OF REGULATED SUBSTANCES

The Zoning Administrator is authorized to exclude certain regulated substances, that pose no threat to ground water, 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 Appeals Board.

1000.12660 CLEAN CLOSURE REQUIREMENTS

Except in the case of a seasonal discontinuation of operation, the owner or operator of any non-residential property that becomes unoccupied or has discontinued operation for a period of ninety (90) consecutive days shall remove all regulated substances from the property other than those used exclusively for heating, cooling, and providing electrical lighting for the premises within ninety (90) days after the date upon which the property initially became unoccupied or the operation discontinued. Except as noted above, regulated substances that are excluded from reporting requirements shall be removed by the date specified above. The owner or operator shall secure the regulated substances on the property until they have been removed. The owner or operator shall notify the Troy Utilities Director in writing of the date of the cessation of operation or the property becoming unoccupied no later than the day upon which the operation actually ceases or the property becomes unoccupied, and such notification shall include the owner’s name, phone number, and address and the operator’s name, phone number, and new address.

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