The governing body of Fairview Township finds that:
A.
The groundwater underlying Fairview Township is a major source of
its existing and future water supply, including drinking water.
B.
The groundwater aquifers are integrally connected with, are recharged
by, and flow into the surface waters, lakes and streams, which constitute
a major source of drinking water for the region.
C.
Spills and discharges of toxic, hazardous and other deleterious materials
may threaten the quality of such groundwater supplies and related
water resources in Fairview Township where certain public water wells
are located, posing potential public health and safety hazards.
D.
Unless preventive measures are adopted to control the discharge and
storage of toxic, hazardous and other deleterious materials within
certain areas of Fairview Township, spills and discharges of such
materials will predictably occur and with greater frequency and degree
of hazard by reason of increasing construction, residential and other
development, population and vehicular traffic in Fairview Township.
The purpose of this chapter is to ensure the provision of a
safe and sanitary drinking water supply for the users of the public
water supply in Fairview Township by the establishment of wellhead
protection areas surrounding the wellheads for those wells that are
the supply sources for the Fairview Water Authority water system and
by the designation and regulation of property uses and conditions
that may be maintained within such areas.
When used in this chapter, the following words and phrases shall
have the meaning given in this section:
The area surrounding a pumping well within which the water
table elevation has been lowered due to groundwater withdrawal.
Pennsylvania Department of Environmental Protection.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate through
a defined outlet structure.
The Federal Environmental Protection Agency.
Linear features in bedrock caused by erosion along fractures
or zones of fractures and readily visible on aerial photographs.
A product or waste or combination of substances that, because
of the quantity, concentration, physical, chemical, or infectious
characteristics, if not properly treated, stored, transported, used
or disposed of, or otherwise managed, would create a potential threat
to public health through direct environment contact, which includes
the soil and all subsequent materials located below. Such hazardous
materials include, but are not limited to, materials that may be included
on one or more of the following lists:
Occupational Safety and Health Act, 29 CFR Part 1910, Subpart
Z, regarding extremely hazardous substances.
American Conference of Governmental Industrial Hygienists, Threshold
Limit Values for Chemical Substances and Physical Agents in the Work
Environment (latest edition).
National Toxicology Program, Annual Report on Carcinogens (latest
edition).
International Agency for Research on Cancer Monographs (latest
edition).
Commonwealth of Pennsylvania, Department of Labor and Industry,
Hazardous Substance List (latest edition).
Hazardous substances, defined pursuant to Section 311 of the
Federal Clean Water Act.[1]
Waste as defined in Section 103 of the Solid Waste Management
Act (35 P.S. § 6018.103) and regulations thereunder.
[Amended 11-7-2012 by Ord. No. 2012-4]
Hazardous wastes defined pursuant to Section 101 of the Federal
Resource Conservation and Recovery Act.[2]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purposes involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land; or
Development in accordance with Section 501 of the Municipalities
Planning Code.[3]
An individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, municipal authority, district authority or any other
legal entity whatsoever that is recognized by laws that are the subject
of rights and duties.
Any well used or intended to be used as a groundwater supply
source as part of a public water supply system for which wellhead
protection areas have been established.
Any governmental agency with jurisdiction over hazardous
waste or materials defined herein.
A basin, designed to retard stormwater runoff by temporarily
storing the runoff, which does not have a defined outlet structure
and which empties through a combination of evaporation and transportation.
Ponds shall be sealed in such a manner that seepage losses through
the pond sides and bottom are minimized. Sealing methods using on-site
soils, bentonite, or other types of synthetic liners may be approved
if it can be demonstrated that the proposed sealing method will be
sufficiently impermeable and will remain structurally sound during
all anticipated working conditions. The use of on-site soils should
be demonstrated and documented through soil borings and testing during
the design phase. To insure an adequate seal, it must be demonstrated
that the coefficient of permeability, K, of the pond sides and the
bottom will not exceed 1x10-7centimeters
per second. A construction procedure and testing program that will
insure the adequacy of the sealing method must be incorporated into
the specifications. Standard ASTM procedures, or their equivalent,
shall be utilized where applicable. Upon completion of construction,
a written completion certification that the seal has been adequately
constructed and tested in accordance with project specifications shall
be submitted by the engineer to the Township.
The unpermitted release or escape of a regulated substance
directly or indirectly to soils, surface waters or groundwaters.
The upper terminal of a well, including adaptors, ports,
fields, valves and other attachments.
That area as defined on the map attached hereto as Attachment
A[4] that defines the well field utilized by the Fairview Water
Authority for the collection and delivery of water supply to Fairview
Township. In addition, any future well to be utilized as a source
of public water supply by the Fairview Township Water Authority shall
have, as a Wellhead Protection Area I, a minimum of 150 feet from
the center of the well and such additional area as determined by DEP's
Recommended Zone 1 Wellhead Protection Area Delineation Methodology,
November 2005, or any successor methodology.
The zone encompassing the portion of the aquifer through
which water is diverted to a well or flows to a spring or infiltration
gallery. Area II shall be a one-half-mile radius around the source
unless a more detailed delineation is approved by the Fairview Water
Authority. In this area a land use may include stormwater and surface
water infiltration as long as appropriate DEP-approved best management
practices are employed.
The zone beyond Area II that contributes surface water and
groundwater to Areas I and II.
