Prohibitions and Restrictions Within Wellfield Protection Areas.
Columbus City Codes § 1115.08
in effect1115.08 - Prohibitions and Restrictions Within Wellfield Protection Areas.
(A) No person shall use any Regulated Substance in any Wellfield Protection Area in violation of a law, statute, ordinance, rule or regulation.
(B) No person shall use Regulated Substances in any Wellfield Protection Area (WPI or WPII) unless an environmental audit ("Environmental Audit") has been completed by the Owner of the Facility where the Regulated Substance will be used.
(C) Additional restrictions within Wellfield Protection Area I
(1) No person shall use any Regulated Substance in Wellfield Protection Area I for any purpose other than public water utility purposes.
(2) No person other than the Owner of the property or persons acting with the consent of the Owner shall enter Wellfield Protection Area I; provided, however, authorized employees or agents of the city, environmental or regulatory agency representatives and law enforcement and emergency officials with a demonstrable need for access may be allowed to enter Wellfield Protection Area I.
(D) An approved use of any Regulated Substance within Wellfield Protection Areas shall not be increased except in accordance with this chapter.
(E) Environmental Audit: An Environmental Audit shall address the following points:
(1) A physical description of the Facility which will include a site plan, which at a minimum will clearly define the location and boundaries of the Facility;
(2) The exact type, amount, physical characteristics and known health effects of any Regulated Substance used;
(3) The potential for release of the Regulated Substances during its use or storage;
(4) Any known prior releases of Regulated Substances to the surface soil, subsoil and/or ground water;
(5) Recommendations for corrective actions if any prior releases as described in subparagraph (4) above have occurred; and
(6) Plans and schedules for implementation of any recommended corrective actions.
The Environmental Audit will be conducted by an independent, licensed engineering firm or licensed engineer not employed by the Owner and qualified to conduct such investigation. The Owner may submit an Environmental Audit conducted by a licensed engineer employed by the Owner, who is qualified to conduct such investigation; provided, however, the Director reserves the right to have an independent Environmental Audit conducted at the User's expense. The Director also reserves the right to approve the qualifications of any person conducting an Environmental Audit, and if the Director desires, to have an Environmental Audit conducted at the City of Columbus' expense. The Director will complete a review of the Environmental Audit and send comments, if any, within sixty (60) days of receipt of the Environmental Audit.
(F) Compliance schedule for Owners of any Facility where Regulated Substances are used who have not submitted an Environmental Audit:
(1) These Owners are defined as:
(a) Owners that acquire property within the Wellfield Protection Area who do not already have an Environmental Audit on file with the Director. These Owners must submit an Environmental Audit within one hundred eighty (180) days from the day the property transfer is recorded.
(b) Owners that own property that is located within a newly created or modified Wellfield Protection Boundary (WPI or WPII). These Owners must submit an Environmental Audit within one hundred eighty (180) days from the day the Director approves the new boundary.
(2) Based on the results of the Owner's Environmental Audit or an independent Environmental Audit conducted by the Director, the Director will, if appropriate, issue a notice of Required Corrective Action ("Required Corrective Action"). The Director shall issue such a notice of Required Corrective Action within six (6) months of the receipt of the Environmental Audit. If the Director does not issue the Required Corrective Action notice within the six (6) month period, the Director then shall have the burden of proving that such a Required Corrective Action is necessary.
(3) The Owners will have three hundred sixty (360) days after the issuance of the Required Corrective Action in which to implement the Required Corrective Action. If the Required Corrective Action has not been implemented within this time, the Director may conduct the remedial work at the User's expense. Failure to comply with the Required Corrective Action will be subject to the penalties provided in Section 1115.99 hereof. In addition, the Facility will be classified as nonconforming, and any future use by the Owner or other future Owners or Users of any portion of the property will be required to conform as a nonuser of Regulated Substances, with the exceptions being those outlined in subsection (I) of this section, or in accordance with Section 1115.14.
(G) If a User intends to use additional quantities and/or types of Regulated Substances consistent with the nature of the business which was approved by the Director, the User shall submit a Request to Use Additional Regulated Substances. This request shall contain the following:
(1) A description of the Regulated Substance to be considered, which shall include the exact type, amount, and physical characteristics;
(2) An assessment of the environmental and health effects that the increased use of the Regulated Substance will have on the affected population and how the Facility will prevent these effects.
An increase in the quantity or a change in the character of an approved or existing use of the Regulated Substances will require the approval of the Director. The Director shall act on the Request to Use Additional Regulated Substances within sixty (60) days of its receipt by the Director. If the Director does not act within sixty (60) days, the increase or change in use shall be deemed denied.
(H) Those Facilities which are in compliance with the provisions of this chapter will be issued a Regulated Substance User permit. This permit will be subject to yearly renewal. Renewal will be based on inspections conducted by the Director or his designated agents. If a Facility changes ownership during the year a permit is issued, the permit will no longer be valid as of the date the Facility changes ownership, and be subject to reissuance to the new Facility Owner.
(I) Exclusions. Notwithstanding any other provisions of this chapter to the contrary, exclusions set forth in this subsection (I) shall apply; and provided further that any spill, discharge or mishandling shall be subject to the provisions of Section 1115.11(B) of this chapter. Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity.
(1) A limited exclusion from the prohibitions and requirements of this chapter is hereby authorized for incidental use of Regulated Substances in Wellfield Protection Area II in the following amounts:
(a) The aggregate of Regulated Substances in use may not exceed two (2) pints or two (2) pounds, whichever is less, at any time;
(b) The total use of Regulated Substances may not exceed ten (10) gallons or eighty (80) pounds, whichever is less, in any twelve (12) month period.
(2) A limited exclusion from the prohibitions and requirements of this chapter is hereby authorized for non-routine maintenance or repair of property or equipment in Wellfield Protection Area II involving the following amounts:
(a) The aggregate of Regulated Substances in use may not exceed ten (10) gallons or eighty (80) pounds, whichever is less, at any time;
(b) The total use of Regulated Substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
(3) An exclusion is hereby authorized for retail activities in Wellfield Protection Area II, provided said activities use any Regulated Substance for resale in their original unopened containers of two (2) gallons each or sixteen (16) pounds each, or less, and having a maximum aggregate inventory of Regulated Substances not exceeding two hundred fifty (250) gallons or two thousand (2,000) pounds at any time. Any person claiming such exclusion shall submit a request for such exclusion in writing to the Director sixty (60) days prior to the date it starts to use the Regulated Substance. In addition, persons claiming such an exclusion must have already submitted an Environmental Audit to the Director. The Director shall act on this request within sixty (60) days of its receipt by the Director. If the Director does not act within sixty (60) days, the use of this exclusion shall be deemed denied.
(4) An exclusion is hereby authorized for the transportation of Regulated Substances through Wellfield Protection Area II, provided, however, that the transporting vehicle is in compliance with applicable city ordinances and federal and state law and regulations, and provided that the Regulated Substances are fueling the transporting vehicle or the transporting vehicle is in continuous transit, making delivery, or is stopped for periods of time not to exceed twenty-four (24) hours.
(5) An exclusion is hereby authorized for the use of oil, fuel or petroleum lubricants in the operation of motor vehicles, farm equipment, and construction equipment in both Wellfield Protection Area I and Wellfield Protection Area II and for mining equipment only in Wellfield Protection Area II to the limited extent that these substances are being used by the motor vehicle or equipment while operating or are contained within reservoirs or tanks of the motor vehicle or equipment when not in operation.
(6) An exclusion is hereby authorized for the use of oil, fuel or petroleum lubricants for the refueling and maintenance of farm equipment, construction equipment and mining equipment only in Wellfield Protection Area II to the limited extent that these substances are necessary for a day's refueling and maintenance of the equipment. The overnight storage of these substances or daily storage of these substances in quantities which are unreasonably in excess of what is needed for a day's refueling and maintenance of equipment is not authorized by this exclusion. The Director's approval is required prior to any use of this exclusion. Persons wishing to claim this exclusion shall submit a request to the Director in writing, which shall include a spill prevention, countermeasure and control, and countermeasure (SPCC) plan as described in Section 1115.11(B)(3). This request shall be submitted no less than sixty (60) days prior to the date the exclusion is desired to take effect. The Director shall act on this request within sixty (60) days of its receipt by the Director. If the Director does not act within sixty (60) days, the use of this exclusion shall be deemed denied.
(Ord. 2560-90; Ord. No. 2203-2015, § 1, 12-14-2015; Ord. No. 2019-2021, § 1, 7-26-2021)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT11WASEELCO_CH1115WEPR_1115.08PRREWIWEPRARFetched: 10/27/2026