[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua 1-5-1998 by Ord. No. 1078 (Ch. XVIII, Part 5, of
the 1962 Code). Amendments noted where applicable.]
The Council of the Borough of Catasauqua finds
that:
A.
The ground water underlying the municipality is a
major source of its existing and future water supply, including drinking
water.
B.
The ground water 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.
Accidental spills and discharges of toxic and hazardous
materials may threaten the quality of such ground water supplies and
related water resources in the Borough, thereby posing potential public
health and safety hazards.
D.
Unless preventive measures are adopted to control
the discharge and storage of toxic and hazardous materials within
the municipality, spills and discharges of such materials may tend
to occur and with greater frequency and degree of hazard by reason
of increasing construction, commercial and industrial development,
population and vehicular traffic in the Borough.
E.
The designation of Wellhead Protection Areas 1, 2
and 3 and careful regulation of land use, physical facilities and
other activities within these areas can reduce the potential for ground
water contamination.
The purpose of this chapter is to protect the
public health, safety and welfare through the preservation of the
Borough of Catasauqua's major ground water resources to ensure a future
supply of safe and healthful drinking water for the municipality,
local residents and employees and the general public.
The Borough is empowered to regulate these activities
under the provisions of the Pennsylvania Municipalities Planning Code
(MPC) (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
By this chapter, §§ 275-7, 275-8, 275-9, 275-11, 275-12, 275-13 and Appendix A[1] are enacted as amendments to the Borough Zoning Ordinance [Chapter 280]. By this chapter, §§ 275-7, 275-10, 275-13 and Appendix A are enacted as amendments to the Borough Subdivision and Land Development Ordinance [Chapter 235].
[1]
Editor's Note: Appendix A is on file in the
Borough offices.
This chapter shall only apply to those areas
of the Borough which are located within Wellhead Protection Areas
1, 2 and 3 surrounding a protected public water supply well as delineated
on an official map available for inspection at the Borough office.
A map of the wellhead protection areas is included in Appendix A for
general reference.[1] this chapter regulates the following land uses, physical
facilities and activities which have the potential to contaminate
ground water:
A.
Light industry.
B.
Agricultural operations.
C.
Sewage disposal.
D.
Manufacturing.
E.
Injection wells.
F.
Storage tanks, underground and aboveground.
G.
Disposal facilities; solid waste dump sites.
H.
Sewage sludge land application.
I.
Subdivisions.
J.
Land developments.
[1]
Editor's Note: Appendix A is on file in the
Borough offices.
Approvals issued pursuant to this chapter do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by other applicable
code, rule, act or ordinance.
As used in this chapter, the following terms
shall have the meanings indicated:
Those operations which include tilling, cultivation and animal
husbandry and which qualify as earthmoving pursuant to DEP Chapter
102 Rules and Regulations.
Limestone or dolomite rock formations.
In a karst area, a distinctive bowl-shaped depression in
the land surface. It is characterized by internal drainage, varying
magnitude and an unbroken ground surface.
The Northampton County Conservation District or Lehigh County
Conservation District, as applicable.
An erosion and sedimentation control plan prepared for agricultural
properties as required by Chapter 102 of the DEP Rules and Regulations
and as reviewed and approved by the Conservation District.
The 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.
A document authorized by the Pennsylvania Worker and Community
Right-to-Know Act which, if required by the Department of Labor and
Industry for a facility, describes the hazardous substances emitted,
discharged or disposed of from the workplace.
The Federal Environmental Protection Agency.
Linear features in bedrock caused by erosion along fractures
or zones of fractures and readily visible on aerial photographs.
Transient surface water bodies formed in sinks and closed
depressions after heavy precipitation, due to poor internal drainage.
This poor drainage may be due to residual clay remaining after solution
of limestone minerals.
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 or indirect introduction into ground water resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to, materials which may be included on one or more of
the following lists:
CFR, Part 1910, Subpart Zth Act, 29 CFR, Part 1910, Subpart Z - Extremely Hazardous Substance List.
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 § 311
of the Federal Clean Water Act.
"Toxic materials" defined pursuant to § 307
of the Federal Clean Water Act.
"Hazardous wastes" defined pursuant to Chapter 75 of DEP Rules and Regulations.
"Hazardous wastes" defined pursuant to § 101
of the Federal Resource Conservation and Recovery Act.
"Hazardous substances" defined pursuant to the
Federal Comprehensive Environmental Response, Compensation and Liability
Act.
A document required by the Pennsylvania Worker and Community
Right-to-Know Act which provides a listing of all hazardous substances
found in the workplace.
A type of topography characterized by closed depressions
or sinkholes, caves, rock pinnacles and underground drainage, resulting
from solution of limestone and dolomite bedrock.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose 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.
Development in accordance with § 503(1.1)
of the Municipalities Planning Code.[1]
A sewage disposal facility which is designed to treat wastewater
with ultimate disposal of effluent being to the land surface via a
spray mechanism and which is designed for more than 2,000 gallons
per day.
A sewage disposal facility which is designed to discharge
directly to the soil profile, whether natural or enhanced, and which
has a design capacity in excess of 10,000 gallons per day.
Industrial, commercial, public or retail establishments which
engage in manufacturing, fabrication or service activities and which
appear on the following list:
Herbicide, pesticide and fertilizer products
dealers and distributors.
Mining and quarrying.
Highway deicing material storage.
Textile and apparel products.
Lumber and wood preserving.
Printing and publishing.
Chemical products.
Leather products.
Mineral products; glass and cement.
Metal products.
Machine shops.
Electronics and electronic equipment.
Transportation maintenance.
Scrap trade and metal container recyclers.
Chemical and petroleum storage and sales.
Automotive repair, services and related parking.
Personal services; laundry; pest control; and
photofinishing.
Repair services; furniture, welding and septage
services.
Amusement and recreation.
Educational, medical and engineering laboratories.
Industrial establishments which produce primary products
from raw materials.
A document applicable to agricultural properties which describes
the storage, handling and application of fertilizers, including manure,
related to agricultural production.
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, district authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
A document applicable to agricultural properties which describes
the storage, handling and application of products to control pests
and undesirable vegetation related to agricultural production.
An environmental emergency response document authorized by
Chapter 101 of the DEP Rules and Regulations which is applicable to
facilities which handle materials with the potential for accidental
pollution of the waters of the commonwealth. Specific requirements
for a PIP plan are contained in "Guidelines for the Development and
Implementation of Environmental Emergency Response Plans," PADEP,
September 1990.
An environmental emergency response document required by
the Federal Resource Conservation and Recovery Act (as amended by
the Hazardous and Solid Waste Amendments of 1984), the Pennsylvania
Solid Waste Management Act and the DEP Hazardous Waste Regulations
(Chapters 260-270) applicable to facilities which generate, store,
treat or dispose of hazardous wastes. Hazardous wastes are those defined
within the DEP regulations or other wastes which meet specific characteristic
tests.
A person who, by education, experience, certification or
licensure, has a demonstrated expertise in a particular field.
Any well used or intended to be used as a ground water supply
source as part of a public water supply system for which wellhead
protection areas have been established.
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, transpiration
and infiltration.
A document required by the Federal Superfund Amendments and
Reauthorization Act (SARA) which applies to employers who have extremely
hazardous substances in the workplace. The document identifies the
transportation routes of extremely hazardous substances, a description
of the workplace and a risk analysis of the operation to the surrounding
community.
Documents required by the Federal Superfund Amendments and
Reauthorization Act (SARA) which apply to employers who have extremely
hazardous substances in the workplace. The Tier I document lists the
amounts and locations within the workplace of extremely hazardous
substances by type of hazard (e.g., fire, explosion, acute health
hazard). The Tier II document provides a listing of each specific
extremely hazardous substance in the workplace and each specific hazardous
substance exceeding 10,000 pounds on site at any one time.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation, or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987 No. 394), known
as the "Clean Streams Law," as amended.
A combination of piping, tanks or other facilities for the
collection, conveyance, treatment and disposal of sewage.
The official hired by the Borough who issues and reviews
sewage system disposal permits and conducts such inspections and investigations
as are necessary to implement the provisions of the Pennsylvania Sewage
Facilities Act.[2]
The coarse screenings, grit and dewatered or air-dried products
of sewage treatment, septic and holding tank pumpings and any other
residues from sewage collection and treatment systems which require
disposal.
A closed, generally circular, depression in the land surface
of variable depth and width, characterized by a distinct breaking
of the ground surface, and formed by solution of carbonate bedrock
and downward movement of soil into bedrock voids or by collapse of
underlying caves.
An environmental emergency response document required by
the Federal Clean Water Act for facilities which handle hazardous
substances as defined in the Clean Water Act. The plan requirements
are virtually the same as for a PIP plan.
An environmental emergency response document required by
the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for
facilities with an aboveground storage tank exceeding a volume of
21,000 gallons. The plan requirements are specified in §§ 902
and 903 of the STSPA. A downstream notification requirement applies
to regulated tanks adjacent to surface waters.
The containment of hazardous material on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of hazardous material in excess of
one year constitutes disposal. This presumption can be overcome by
clear and convincing evidence to the contrary.
A tank which contains substances as regulated under the Storage
Tank and Spill Prevention Act (STSPA) which meets the following criteria:
a stationary tank with 250 gallons or more of capacity with greater
than 90% of its capacity aboveground. Specific exceptions to this
definition are included within the STSPA.
A tank which contains substances as regulated under the Storage
Tank and Spill Prevention Act (STSPA) which meets the following criteria:
a tank with 110 gallons or more of capacity with 10% or greater of
its capacity beneath the ground surface. Specific exceptions to this
definition are included within the STSPA.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
A bored, drilled, driven or dug well for the emplacement
of fluids into the ground (except drilling muds and similar materials
used in well construction).
Garbage, refuse and other discarded materials including,
but not limited to, solid and liquid materials resulting from municipal,
industrial, commercial, institutional, agricultural and residential
activities.
Wellhead Zone (WHZ); that area of the land surface within
a calculated fixed radius of a protected public water supply well.
The fixed radius is determined using a volumetric flow equation with
a ninety-day time interval except that the radius is no smaller than
100 feet nor larger than 400 feet.
Zone of Diversion (ZOD); that area of the land surface which
represents the zone of diversion associated with a protected public
water supply well. The zone of diversion is that area within which
water will be drawn into the well as a result of the design pumping
rate for the well.
Zone of Contribution (ZOC); that area of the land surface
which, through recharge or other means, provides water to sustain
the yield of a protected public water supply well.
A.
General requirements. No land use, physical facilities or activity specified in § 275-5 shall occur within Wellhead Protection Areas 1, 2 or 3 except in strict conformance with the provisions of this chapter.
B.
Wellhead protection areas.
(1)
Mapping of wellhead protection areas. In order to
implement the provisions of this chapter, wellhead protection areas
surrounding protected public water supply wells are hereby established.
The boundaries of Wellhead Protection Areas 1, 2 and 3 are shown on
an official map which is available for inspection at the Borough office.
A copy of the official map at a reduced scale is included in Appendix
A for general reference.[1] Should any person challenge the boundary of Wellhead Protection
Areas 1, 2 or 3, it shall be the responsibility of that person to
retain a recognized professional with competence in the field to determine
more accurately the precise boundary of the disputed area. The final
boundary to be used will be determined by the Zoning Officer with
assistance from the Borough Engineer and/or a professional hydrogeologist,
as appropriate.
[1]
Editor's Note: Appendix A is on file in the
Borough offices.
(2)
Prohibitions within wellhead protection areas.
(a)
Wellhead Protection Area 1. Except as provided for in § 275-10, the following land uses, physical facilities and activities are prohibited:
[1]
Facilities which generate, store, treat or dispose
of hazardous material and which are required to maintain a Pollution
Incident Prevention (PIP); Spill Prevention Control and Countermeasure
(SPCC); Preparedness, Prevention and Contingency (PPC); Spill Prevention
Response (SPR) or SARA Title III Off-Site Plan.
[2]
Herbicide, pesticide and fertilizer products
dealers and distributors.
[3]
Large volume subsurface sewage disposal systems.
[4]
Large volume spray irrigation sewage disposal
systems.
[5]
Underground injection wells.
[7]
Underground storage tanks.
[8]
Waste disposal facilities.
[9]
Land application of sewage sludge.
[10]
Stormwater retention facilities.
[11]
Unlined stormwater detention facilities.
[12]
Operations and/or facilities which are involved with the manufacture, storage or processing of materials which require the use of potential groundwater pollutants for such manufacture or processing and which fall within the following categories unless exempted pursuant to § 275-9D:
[a]
Herbicide, pesticide and fertilizer
products dealers and distributors.
[b]
Mining and quarrying.
[c]
Highway deicing material storage.
[d]
Textile and apparel products.
[e]
Lumber and wood preserving.
[f]
Printing and publishing.
[g]
Chemical products.
[h]
Leather products.
[i]
Mineral products; glass and cement.
[j]
Metal products.
[k]
Machine shops.
[l]
Electronics and electronic equipment.
[m]
Transportation maintenance.
[n]
Scrap trade and metal container
recyclers.
[o]
Chemical and petroleum storage
and sales.
[p]
Automotive repair, services and
related parking.
[q]
Personal services; laundry, pest
control and photofinishing.
[r]
Repair services; furniture, welding
and septage services.
[s]
Amusement and recreation.
[t]
Educational, medical and engineering
laboratories.
(b)
Wellhead Protection Area 2. Except as provided for in § 275-9, the following land uses, physical facilities and activities are prohibited:
[1]
Facilities which generate, store, treat or dispose
of hazardous material which are required to maintain a Pollution Incident
Prevention (PIP); Spill Prevention Control and Countermeasure (SPCC);
Preparedness, Prevention and Contingency (PPC); Spill Prevention Response
(SPR) or SARA Title III Off-Site Plan.
[2]
Herbicide, pesticide and fertilizer products
dealers and distributors.
[3]
Large volume subsurface sewage disposal systems.
[4]
Large volume spray irrigation sewage disposal
systems.
[5]
Underground injection wells.
[6]
Aboveground storage tanks.
[8]
Waste disposal facilities.
[9]
Land application of sewage sludge.
[10]
Stormwater retention facilities.
[11]
Unlined stormwater detention facilities.
(c)
Wellhead Protection Area 3. Except as provided for in § 275-9, the following land uses, physical facilities and activities are prohibited:
[1]
Facilities which dispose of hazardous material
through land surface or subsurface means including, but not limited
to, Class IV injection wells and waste disposal facilities.
A.
Continuation of existing land uses, physical facilities and activities. Any land use, physical facility or activity prohibited within § 275-8 lawfully in existence within Wellhead Protection Areas 1, 2 or 3 prior to the effective date of this chapter may continue to exist on the parcel upon which it is located so long as it remains in compliance with applicable federal, state and local regulations including the requirements included within § 275-11.
B.
Existing sewage disposal problems. Notwithstanding the provisions of § 275-8, large volume subsurface sewage disposal systems or large volume spray irrigation sewage disposal systems may be used if necessary to solve sewage disposal problems associated with existing development.
C.
Public water supply projects. Notwithstanding the provisions of § 275-8, public water supply projects which require the use of chemicals for disinfection or treatment or the above ground storage and use of fuel will be allowed in all wellhead protection areas subject to their approval, construction and operation in accordance with DEP regulations.
D.
Request for exemption. Notwithstanding the provisions of § 275-8, operations and facilities in all wellhead protection areas may apply to the Catasauqua Zoning Hearing Board for a variance. An applicant for a variance must demonstrate to the satisfaction of the Zoning Hearing Board that there is no potential for contamination due to the nature of the facility or operation as well as meeting the standards for a variance as required by law.
A.
General requirements. No subdivision or land development
shall occur within Wellhead Protection Areas 1, 2 or 3 except in strict
conformance with the provisions of this chapter.
B.
Wellhead protection areas mapping. In order to implement
the provisions of this chapter, wellhead protection areas surrounding
protected public water supply wells are hereby established. The boundaries
of Wellhead Protection Areas 1, 2 and 3 are shown on an official map
which is available for inspection at the Borough office. A copy of
the official map at a reduced scale is included in Appendix A for
general reference.[1] Should any person challenge the boundary of Wellhead Protection
Areas 1, 2 or 3, it shall be the responsibility of that person to
retain a recognized professional with competence in the field to determine
more accurately the precise boundary of the disputed area. The final
boundary to be used will be determined by the Borough with assistance
from the Borough Engineer and/or a professional hydrogeologist, as
appropriate.
[1]
Editor's Note: Appendix A is on file in the
Borough offices.
C.
Wellhead protection area restrictions.
(1)
Subdivisions and land developments within Wellhead
Protection Areas 1, 2 or 3 for which stormwater management controls
are required pursuant to the municipal subdivision and land development
ordinance shall be designed consistent with the following:
(2)
Subdivisions and land developments within Wellhead
Protection Areas 1, 2 or 3 which are proposed for subsurface sewage
disposal shall provide a tested and suitable primary absorption area
and a tested and suitable secondary absorption area on each lot.
(3)
Subdivisions and land developments within both wellhead protection areas and carbonate bedrock areas as mapped in Appendix A shall have the following preliminary plan requirements in addition to those requirements of the Borough Subdivision and Land Development Ordinance [Chapter 235]:
(a)
A recognized professional with competence in
the field shall review aerial photographs, soils, geologic and other
available related data as the data relates to the subject property.
The professional shall also conduct a site inspection of the property.
(b)
Based on the work required in Subsection C(3)(a), the professional shall prepare a map of the site showing all karst features or feature indicators. The mapping shall indicate, but shall not be limited to, the following:
[1]
Closed depressions.
[2]
Open sinkholes.
[3]
Seasonal high water table indicators.
[4]
Outcrops of bedrock.
[5]
Unplowed areas in plowed fields.
[6]
Surface drainage into ground.
[7]
"Ghost lakes" after rainfall.
[8]
Lineaments and faults.
[9]
Limonite excavations and quarries.
[10]
Geologic contacts.
(c)
Based upon the work performed in Subsection C(3)(a) and (b), the professional shall determine what further testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection C(4). Testing methodology shall be reasonable under the circumstances, including the scale of the proposed development, and the hazards revealed by examination of available data and site inspection.
(d)
The applicant shall cause the additional testing established in Subsection C(3)(c) to be done. A study report shall be submitted and referred to the municipal engineer. This study shall include a map of the area, all test results and a recommendation on the mitigating measures to be taken to meet the standards of Subsection C(4).
(e)
The Borough Engineer shall report to the Planning
Commission, with a copy to the landowner, his or her opinion as to
the adequacy of the study and as to the capability of the site to
support the proposed development in a manner in which the risks attendant
to the development in carbonate areas are either eliminated or minimized.
Recommendations for site development including stormwater management,
the layout of utility lines, grading and building location may be
included. Additional studies or testing as deemed necessary by the
municipal engineer in order to produce an adequate study given the
scale of the proposed development and the hazards revealed may be
required of the applicant.
(4)
Subdivision and land developments within both wellhead
protection areas and carbonate bedrock areas as mapped in Appendix
A[2] shall have the following design requirements:
(a)
All buildings, structures, impervious surfaces
and utilities shall be so situated, designated and constructed as
to minimize the risk of new sinkhole formation and of the accelerated
introduction of contaminants and pollution into the wellhead protection
area through existing or future sinkholes.
(b)
Buildings, structures, impervious surfaces and utilities shall not be located within 100 feet of the karst features identified pursuant to Subsection C unless a recognized professional with competence in the field demonstrates that a minimal risk of sinkhole formation or enlargement will exist, or mitigating measures are taken to minimize the risk of sinkhole formation or enlargement. These mitigating measures shall be designed by a recognized professional with competence in the field.
(c)
Stormwater management facilities including, but not limited to, detention basins, shall not be located within 100 feet of the karst features identified pursuant to Subsection C(3) unless a recognized professional with competence in the field demonstrates that a minimal risk of sinkhole formation or enlargement will exist, or mitigating measures are taken to minimize the risk of sinkhole formation or enlargement. These measures shall be designed by a recognized professional with competence in the field.
(d)
Regrading shall not alter drainage patterns
unless a recognized professional with competence in the field demonstrates
that a minimal risk of sinkhole formation or enlargement will exist,
or mitigating measures are taken to minimize the risk of sinkhole
formation of enlargement. These mitigating measures shall be designed
by a recognized professional with competence in the field.
(e)
Stormwater shall not be redirected into a sinkhole.
[2]
Editor's Note: Appendix A is on file in the
Borough offices.
A.
General requirements. No land use, physical or activity specified in § 275-5 shall occur within Wellhead Protection Areas 1, 2 or 3 except in strict conformance with the requirements of this section.
B.
Wellhead protection area requirements. The following land uses, physical facilities and activities, located within Wellhead Protection Areas 1, 2 or 3, which are specifically allowed in §§ 275-8 and 275-9 of this chapter, shall meet the following conditions:
|
Land Use, Physical Facility or Activity
|
Conditions
|
|---|---|
|
1. Facilities which generate, store, treat or
dispose of hazardous material which are required to maintain a Pollution
Incident Prevention (PIP); Spill Prevention Control and Countermeasure
(SPCC); Preparedness, Prevention and Contingency (PPC); Spill Prevention
Response (SPR); or SARA Title III Off-Site Plan.
|
(a) A current PIP, SPCC, PPC, SPR or SARA Title
III Off-Site Plan must be filed with the Borough.
|
|
(b) A current Hazardous Substance Survey Form,
Environmental Hazard Survey Form and SARA Title III Tier I and Tier
II Report must be filed with the Borough.
| |
|
2. Herbicide, pesticide and fertilizer products
dealers and distributors
|
(a) At minimum, a current plan meeting the requirements
of a PIP plan must be filed with the Borough.
|
|
(b) A current Hazardous Substance Survey Form,
Environmental Hazard Survey Form and SARA Title III Tier I and Tier
II report must be filed with the Borough.
| |
|
3. Large volume subsurface sewage disposal system
and large volume spray irrigation sewage disposal systems.
|
(a) A current permit from the Department of
Environmental Protection must be filed with the Borough.
|
|
(b) DEP required water quality monitoring reports
must be filed with the Borough.
| |
|
4. Underground Injection Wells (Classes I, II,
III and V)
|
(a) A current registration from the Environmental
Protection Agency must be filed with the Borough.
|
|
5. Aboveground storage tanks and underground
storage tanks.
|
(a) A current registration from the Department
of Environmental Protection must be filed with the Borough.
|
|
(b) Shall comply with DEP regulations which
are enacted in response to the Storage Tank and Spill Prevention Act
of 1989.
| |
|
6. Waste Disposal Facilities
|
(a) A current permit from the Department of
Environmental Protection must be filed with the Borough.
|
|
(b) A current PPC plan, if required for the
facility by DEP regulations, must be filed with the Borough.
| |
|
(c) DEP required water quality monitoring reports
must be filed with the Borough.
| |
|
(d) DEP required water pollution abatement plans
must be filed with the Borough.
| |
|
7. Sewage Sludge Land Application
|
(a) A current permit from the Department of
Environmental Protection must be filed with the Borough.
|
|
(b) Sewage sludge tests associated with the
permit application must be filed with the Borough.
| |
|
(c) DEP required water quality monitoring reports
must be filed with the Borough.
| |
|
8. Agricultural Operations
|
(a) The Conservation Plan prepared according
to Chapter 102 of DEP regulations must include a Pesticide Management
Plan and a Nutrient Management Plan.
|
|
(b) Within areas of carbonate bedrock as delineated
in Appendix A, the Conservation Plan prepared according to Chapter
102 of DEP Regulations must include the identification of sinkholes
and a mitigation plan.
| |
|
9. Sewage Disposal Facilities
|
(a) Sewage disposal facilities must be operated
and maintained to prevent discharge of untreated or partially treated
sewage to surface or ground waters.
|
|
(b) On-lot sewage disposal systems must be inspected
by the Sewage Enforcement Officer (SEO) and any necessary repairs
or maintenance must be performed prior to the expansion or conversion
of the land use served.
| |
|
(c) On-lot sewage disposal systems must be inspected
by the Sewage Enforcement Officer and any necessary repairs or maintenance
must be performed prior to transfer of property ownership.
| |
|
10. Lined Stormwater Detention Facilities
|
(a) The facility shall provide the degree of
impermeability required by the Borough Engineer.
|
A.
Municipal inspections.
(1)
The Borough Engineer or his designee shall be authorized
to inspect the following facilities located within Wellhead Protection
Areas 1, 2 or 3 for purposes of determining compliance with this chapter
and any federal or state permit or regulation requirements upon direction
by the Borough Council:
(a)
Facilities with PIP, SPCC, PPC, SPR or SARA
Title III Off-Site Plans.
(b)
Herbicide, pesticide and fertilizer products
dealers and distributors.
(c)
Large volume subsurface sewage disposal systems.
(d)
Large volume spray irrigation sewage disposal
systems.
(e)
Underground and aboveground storage tanks.
(f)
Underground injection wells.
(g)
Waste disposal facilities.
(h)
Sewage sludge land application sites.
(i)
Other industrial and commercial facilities.
(2)
The schedule of inspections shall be determined by
the Borough for each type of facility. Inspectors shall be responsible
for reporting any violations to the Borough. The Borough may inform
DEP or EPA, as appropriate, of any possible violations of their regulations
for the purpose of follow-up actions by those agencies.
B.
Inspections by the County Conservation District. The
County Conservation District shall be authorized to perform monthly
inspection of the following activities located within Wellhead Protection
Areas 1, 2 or 3:
C.
Right-of-entry. Upon presentation of the proper credentials
and execution of release/waiver of claims, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
a wellhead protection area to investigate or ascertain whether the
requirements of this chapter are being met.
The attached map depicting Wellhead Protection
Areas 1, 2 and 3 and the carbonate bedrock areas is declared to be
a part of this chapter as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the
Borough offices.
[Amended 4-1-2013 by Ord. No. 1288]
Anyone violating the terms and conditions of
this chapter is guilty of a summary offense which is punishable by
a fine of up to $300 or imprisonment of up to 90 days. Each day for
each individual violation shall be considered a separate and distinct
offense. Nothing contained herein shall be construed to prohibit the
Borough from taking any other legal remedies necessary to enforce
the terms and conditions of this chapter including civil actions and/or
injunctive relief. Any person violating the terms and conditions of
this chapter causing damage to the Borough's wells or public water
supply shall be responsible for the full cost of remediation of said
problem. Any person found guilty of violating an ordinance shall be
assessed court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings.
