§ 94-64. Exemptions from registration.

The following categories shall be exempt from only the registration requirements of this article, provided that all listed conditions are met. All establishments that use regulated substances are required to meet or exceed all groundwater protection sections of this article, even if registration is not required:

(1)

Emergency services. Existing fire, police and emergency medical services shall be exempt.

(2)

Continuous transit. The transportation of any regulated substance shall be exempt from registration under this article, provided the transporting motor vehicle is in continuous transit. If the transporting device containing regulated substances is stored for a period greater than or equal to one week (seven days), it shall be considered stationary and must be registered. The transport of regulated substances through existing permanent pipelines is also exempt, provided that the current use is not changed and provided that leak detection and monitoring are employed.

(3)

Vehicular and lawn maintenance fuels and lubricants. The use in a vehicle or lawn maintenance equipment of any regulated substance solely as fuel in that vehicle or equipment fuel tank or as lubricant in that vehicle or equipment shall be exempt from registration. Extreme care must be taken to prevent spillage or discharging fuels and lubricants to soils, groundwater, or surface water.

(4)

Retail/wholesale sales activities. Retail/wholesale sales establishments that store and handle regulated substances for resale in their original unopened containers shall be exempt from registration requirements, provided that no individual container or regulated substances exceeds five gallons if liquid or 25 pounds if solid.

(5)

Office use. Office uses, including the use of regulated substances for the maintenance and cleaning of office buildings shall be exempt.

(6)

Residential. The use of commonly used regulated substances for cleaning, maintaining, pest control, and any other strictly residential use shall be exempt.

(7)

Construction activities. The activities of constructing, repairing or improving any facility shall be exempt from registration under this article, provided that all contractors, subcontractors, laborers, materialmen and their employees when using, handling, storing, or producing regulated substances use those applicable best management practices.

(8)

Special exemptions. An affected person may request a special exemption from the requirements of this article. In order to obtain such an exemption, such person must demonstrate by a preponderance of competent substantial evidence to the city that special or unusual circumstances and adequate technology exist to isolate the facility or activity from soils, groundwater, or surface water. In granting the special exemption, the city may prescribe any additional appropriate conditions that are necessary to protect soils, groundwater, or surface water.

(Code 1988, § 26-4.4)