§ 26-51. Regulated substance activity inventory.

(1)

Applicability:

(a)

Except as provided in subsection (2), any owner or occupant of any land in the wellhead protection overlay zone at the effective date of this section, shall file a Regulated Substance Activity Inventory Report which shall consist of a copy of the MIOSHA Material Safety Data Sheets or a Hazardous Substance Reporting Form issued by the manager. Said report shall be filed within 180 days of the effective date of this section and at 24-month intervals thereafter.

(b)

Except as provided in subsection (2), any new owner or occupant of any land in the wellhead protection overlay zone shall file a Regulated Substance Activity Inventory Report prior to receipt of a certificate of occupancy and at 24-month intervals following the date of occupancy. For purposes of this section, new shall be defined as subsequent to the effective date of this section.

(c)

Where a person owns, operates or occupies more than one location, Regulated Substance Activity Inventory Reports shall be made for each location.

(2)

Exclusions to activity inventory reporting:

(a)

Any exclusion set forth in this subsection shall apply, provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well fields, and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of section 26-52. Any exclusions granted herein shall not remove or limit the liability and responsibility of any person or activity involved.

(b)

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for incidental uses of regulated substance, provided the uses are limited as follows:

1.

The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.

2.

The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

(c)

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for nonroutine maintenance or repair of property in the wellhead protection overlay zone provided the uses are limited as follows:

(1)

The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time.

(2)

The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.

(d)

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for regulated substances which are cleaning agents; provided, however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.

(e)

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for medical and research laboratory uses in the wellhead protection overlay zone; provided, however regulated substances shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

(f)

An exclusion from regulated substance activity inventory reporting is hereby authorized for the transportation of regulated substances through the wellhead protection overlay zone, provided that the transporting vehicle is in compliance with applicable city ordinances and federal and state laws and regulations, and provided that the regulated substance if 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 ten hours.

(g)

A limited exclusion from regulated substance activity inventory reporting is hereby authorized for owners and occupants of single or two-family residences; provided, however, the storage and use of regulated substances are related to the maintenance of the residence or vehicles under the control or the occupant and priced waste regulated substances are appropriately and legally disposed of.

(Ord. No. 153, § 13, 11-7-94)