§ 1115.11. Reporting Requirements.

(A)

Reports Generally.

(1)

Applicability. Any Owner, User, Facility, or activity located within a Wellfield Protection Area (WPI or WPII) shall be in compliance with all provisions of paragraph (A)(2) of this section within except:

(a)

Owners and Users in single-family or duplex residences are expressly excluded from the reporting requirements of paragraph (A)(2) of this section if such use and occupants are otherwise in compliance with the provisions of this chapter;

(b)

As provided under paragraph (I) of Section 1115.08

(2)

Reports. Any Owner or User of any land or Facility within a Wellfield Protection Area shall have on file with the Director applicable reports except as provided in (A)(1) of this section.

(a)

The reports filed by the Owner or User shall contain information deemed necessary by the Director for determination of compliance with this chapter, other city ordinances and Ohio and federal laws and regulations. Such information shall be provided by completion of an Environmental Audit pursuant to Section 1115.08(E) hereof and, when required, a Request to Use Additional Regulated Substances pursuant to Section 1115.08(G) hereof.

(b)

Information contained in any submittal and designated as confidential shall only be considered confidential to the extent allowable under the Ohio Public Records Law and other applicable federal and state laws.

(c)

A person who owns, operates or occupies more than one Facility in a Wellfield Protection Area must make separate information submittals for each Facility.

(d)

Operators of industrial mineral mining facilities who are Users of Regulated Substances shall comply with these reporting requirements, as well as the provisions of Section 1115.10

(3)

Falsifying Information. No person shall make any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or falsify, tamper with, or render inaccurate any monitoring device or method required under this section.

(4)

Retention of Records. Any reports or records compiled or submitted pursuant to this section shall be maintained by the Owner, User, or Operators of industrial mineral mining facilities for a minimum of six (6) years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.

(B)

Reporting of Spills, Leaks or Discharges.

(1)

Any person with direct knowledge of a spill, leak or discharge of a Regulated Substance within a Wellfield Protection Area 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 administrator of the Division of Water by telephone. The notification shall be made within three (3) hours of the incident and 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.

(2)

Any entity or person who spills, leaks or discharges a Regulated Substance(s) shall be liable for the reasonable expense, loss or damage incurred by the City in response to such an incident, in addition to the amount of any fines imposed on account thereof under local, state and federal laws; said 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 not later than one hundred eighty (180) days after the incident and submit a complete report for the Director's approval incorporating a detailed history of the spill, corrective actions taken and a plan for prevention of such incidents.

(3)

Any User located in a Wellfield Protection Area shall provide spill prevention control and other pollution abatement methods or facilities sufficient to adequately minimize or eliminate the accidental discharge of spills of any Regulated Substances. Such control and abatement methods and facilities shall be provided and maintained at said person's cost and expense. A User must submit a spill prevention, control, and countermeasure (SPCC) plan to the Director for approval prior to the construction of any Facility. The SPCC plan must describe in detail the Facility and all operating procedures sufficient to prevent and control a release of any Regulated Substances utilized at the Facility. Review and approval by the Director of said plan shall not relieve the User from the responsibility to modify the Facility as necessary to meet the requirements of this chapter.

(4)

Signs shall be permanently posted in conspicuous places on the premises in locations where Regulated Substances are, or may be used, advising employees whom to call in the event of a spill or accidental discharge. All persons who may cause or discover such an incident shall be trained in emergency procedures by the Owner or Operator.

(5)

The city shall post signs in conspicuous places advising transporters of Regulated Substances whom to call in the event of a spill or accidental discharge.

(Ord. 2560-90; Ord. 422-06 § 2 (part); Ord. No. 2398-2012, § 8, 12-3-2012; Ord. No. 2203-2015 , § 1, 12-14-2015)