[1]
Editor's Note: This article was intended to be adopted by the Borough of East Petersburg, the Township of Manheim, and the Township of East Hempfield, Lancaster County, Commonwealth of Pennsylvania.
A. 
Purpose and intent. The purpose of article is to avoid potential contamination risks of drinking water by establishing source prohibitions, design standards, operating requirements, and permitting requirements of certain land uses, facilities, and activities which involve a reasonable likelihood of discharges of pollutants into or upon surface areas which recharge public water supply wells and springs located in East Petersburg Borough, Manheim Township, and East Hempfield Township. The requirements of this article comply with Section 1428 of the Federal Safe Drinking Water Act Amendments of 1986 which establishes a legal framework to protect wellhead areas of public water supply wells, wellfields, and springs from sources of contamination. The municipalities find that the land uses, facilities, and activities identified in this article represent a reasonable likelihood of discharges of pollutants and that the land use controls and other measures in this article are necessary to avoid contamination risks of the water supply and to protect the health and well-being of residents and businesses located in East Petersburg Borough.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
EPA
Refers to the United States Environmental Protection Agency.
HAZARDOUS MATERIALS
Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant actual or potential hazard to water supplies, or other hazards to human health, if such substance or mixture were discharged to land or waters of the municipalities. Hazardous materials include, without limitation, organic and inorganic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies and include products such as pesticides, herbicides, petroleum solvents, and thinners, and fertilizers.
MUNICIPALITIES
Refers to the Borough of East Petersburg and the Townships of Manheim and East Hempfield, Lancaster County, Pennsylvania.
ON-SITE FLOOR DRAINS
Drains which are not connected to municipal sewer or stormwater systems and discharge directly to the ground or septic system.
OWNER
A property owner or his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and any other person having vested or contingent interest in the property of question.
PA DEP
Refers to the Pennsylvania Department of Environmental Protection.
PERSON
As any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant or any other entity whatsoever or any combination of such, jointly or severally.
RULES AND REGULATIONS OF PA DEP
As official guidance publications of the PA DEP with standards and requirements for protection of groundwater resources.
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a water well or wellfield supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water well, wellfield, or spring.
WELLHEAD PROTECTION AREA OPERATING PERMIT
An authorization from the municipalities to operate a regulated land use, facility, and/or activity in a wellhead protection area which could be potentially detrimental to groundwater quality.
C. 
Overlay wellhead protection zones.
(1) 
The delineation methodology utilized to determine the wellhead protection areas is based upon analytical methods described in the EPA's "Guidelines for Delineation of Wellhead Protection Areas."
(2) 
The wellhead protection areas include three zones of protection as recommended by the PA DEP:
(a) 
Zone 1 is a four-hundred-foot fixed radius around the well.
(b) 
Zone 2 represents the recharge zone of the well based on a ten-year time of travel.
(c) 
Zone 3 represents the drainage area that contributes overland flow to the recharge area.
(3) 
The Overlay Zoning Wellhead Protection Area Maps are incorporated and made part of this article.[1] These maps shall be filed and maintained by the East Petersburg Borough, Manheim Township, and East Hempfield Township Zoning Officers. Any amendments, additions, or deletions to these maps shall be effective after approval by the municipalities.
[1]
Editor's Note: Said maps are on file in the Borough offices.
A. 
Source prohibitions for Zone 1 protection areas. The following land uses, facilities, and/or activities shall not be permitted in the Zone 1 protection areas:
(1) 
Industrial, commercial, and manufacturing facilities.
(2) 
Underground storage tanks.
(3) 
Aboveground storage tanks.
(4) 
Hazardous material storage, processing, and disposal facilities.
(5) 
Road salt stockpiles.
(6) 
Golf courses.
(7) 
Quarries and mining operations.
(8) 
Nonsewered residential development.
(9) 
On-site floor drains.
(10) 
Land application of wastewater and waste sludges.
(11) 
Medical offices, veterinarian clinics, and funeral homes.
(12) 
Cemeteries.
(13) 
Junk- or salvage yards.
(14) 
Stormwater detention facilities.
(15) 
Sanitary sewer lines and other utilities and pipelines.
(16) 
Open-burning sites and dumps.
(17) 
Construction material stockpiles and debris.
(18) 
Storage and mixing of pesticides and fertilizers.
(19) 
Construction activities.
(20) 
Well drilling.
(21) 
Pumping of private wells.
B. 
Source prohibitions for Zone 2 protection areas. The following land uses, facilities, and/or activities shall not be permitted in the Zone 2 protection areas:
(1) 
Underground storage tanks.
(2) 
Aboveground storage tanks.
(3) 
Hazardous material storage, processing, and disposal facilities.
(4) 
Road salt storage stockpiles.
(5) 
Golf courses.
(6) 
Quarries and mining operations.
(7) 
On-site floor drains.
(8) 
Land application of wastewater or waste sludges.
(9) 
Medical offices, veterinarian clinics, and funeral homes.
(10) 
Cemeteries.
(11) 
Junk- or salvage yards.
(12) 
Open-burning sites and dumps.
(13) 
Construction material stockpiles and debris.
(14) 
Storage and mixing of pesticides.
(15) 
Well drilling.
(16) 
Pumping of private wells.
C. 
Source prohibitions for Zone 3 protection areas. The following land uses, facilities, and/or activities shall not be permitted in the Zone 3 protection areas:
(1) 
Hazardous material storage, processing, and disposal facilities.
(2) 
Road salt storage stockpiles.
(3) 
Quarries and mining operations.
(4) 
On-site floor drains.
(5) 
Land application of wastewater or waste sludges.
(6) 
Junk- or salvage yards.
(7) 
Open-burning sites and dumps.
A. 
Any of the land uses, facilities, and/or activities identified in § 122-9 lawfully in existence within the wellhead protection areas prior to the effective date of this article may continue to exist on the parcel upon which it is located subject to meeting existing federal, state, and local regulations.
B. 
Variances to the provisions of this article may be granted for undue hardships caused to existing property owners in the wellhead protection areas. Applications for variances must be presented to the Zoning Hearing Board.
A. 
Industrial, commercial, and manufacturing facilities. The following design standards apply to the construction of new industrial, commercial, and manufacturing facilities:
(1) 
Facilities which store, process, convey, and/or contain hazardous materials shall be designed in such a manner to prevent discharges of hazardous materials to the environment and meet applicable regulatory requirements [i.e., Occupational Safety and Health Agency (OSHA) standards, building and fire codes, National Institute of Occupational Safety and Health (NIOSH) standards, EPA and DEP requirements, etc.]
(2) 
Hazardous materials storage areas shall be fireproof containment structures capable of containing 100% of the volume of the largest storage container.
(3) 
No on-site floor drains shall be permitted.
(4) 
Outside storage of hazardous materials in drums shall not be permitted.
(5) 
Dry material storage areas shall not be permitted.
(6) 
On-site disposal of wastewater shall not be permitted.
B. 
Underground storage tanks. The following design standards apply to the construction of new underground storage tanks storing more than 110 gallons of hazardous materials, excluding heating oil tanks of 3,000 gallons or less used by homes or businesses:
(1) 
The design and construction of underground storage facilities shall be in accordance with applicable federal and state requirements including the Pennsylvania Underground Storage Act, the Pennsylvania Storage Tank and Spill Prevention Act,[1] and the rules and regulations of PA DEP.
[1]
Editor's Note: See 35 P.S. §§ 6021.101 to 6021.2104.
(2) 
The tank shall be constructed of fiberglass-reinforced plastic, coated and cathodically protected steel, or fiberglass-reinforced plastic composite.
(3) 
The tank and associated tank piping shall provide for secondary containment for release detection purposes which may include double-walled tanks and piping, a concrete vault in which the tank and piping is placed, or an impermeable liner in the excavation zone in which the tank and piping is placed.
(4) 
The tank shall be equipped with spill and overfill prevention equipment and a leak-detection system.
(5) 
The tank must be installed by a PA DEP certified installer.
C. 
Aboveground storage tanks. The following design standards apply to the construction of new aboveground storage tanks of 250 gallons or more of hazardous materials, excluding farm and municipal tanks holding motor fuel of 1,100 gallons or less and heating oil tanks used to heat homes or businesses:
(1) 
The design and construction of aboveground storage tanks shall be in accordance with applicable federal and state regulations.
(2) 
Aboveground storage tanks shall be provided containment facilities meeting the following design requirements:
(a) 
The containment device shall be large enough to contain 100% of the volume of the tank, in cases where a single tank is used to store, handle, use, or produce a hazardous material. In cases where multiple tanks are used, the containment device shall be large enough to contain 100% of the volume of the largest tank.
(b) 
All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material and shall be capable of containing any accidental release for at least a period sufficient to allow detection and removal of the material. Provisions shall be made for monitoring, testing, and immediate removal of accumulated precipitation.
(3) 
The design of the tank shall meet applicable technical standards for the specific type and class of tank as set forth in the applicable Underwriters Laboratories Standard No. 142, by the American Petroleum Institute (API), by the American Water Works Association (AWWA), or by the Society of Mechanical Engineers (ASME). The tanks shall be fabricated, tested, and installed in accordance with the appropriate codes and standards applicable to the material to be stored therein.
(4) 
The tank shall be designed with monitoring standards consistent with the manufacturer's specifications.
(5) 
The tank shall be tested as required by federal and state codes and standards.
(6) 
The tank and containment area shall be protected by a security fence.
A. 
Subdivision and land development review. All subdivision proposals and other proposed new development plans within the wellhead protection areas shall be reviewed for compliance with the provisions of this article. It shall be the responsibility of the municipality to recommend approval, disapproval, or approval with modifications of the proposed subdivision or development plan.
B. 
Enforcement actions and penalties. The Zoning Officer is authorized to issue cease and desist orders whenever he becomes aware of violations of this article.
C. 
Notice of violation. Whenever it is determined that there is a violation of this article, the notice of violation issued shall:
(1) 
Specify the violation or violations in writing.
(2) 
Specify the length of time available to correct the violation.
(3) 
Clearly state any penalties associated with the subject violation.
The East Petersburg Borough Authority shall provide for ongoing dissemination of information regarding the Wellhead Protection Program and educate the citizens on their responsibilities to comply with the program requirements. The following shall be included as part of this program:
A. 
Develop informational literature, including pamphlets, brochures, and newsletters, describing the requirements of this program.
B. 
Provide and maintain signs along roadways and in housing developments identifying the wellhead protection areas.
C. 
Periodic mailings of education literature on groundwater protection issues.
A. 
Contingency plan.
(1) 
The East Petersburg Borough Authority shall prepare and maintain a contingency plan that addresses the following issues:
(a) 
Determines who is responsible for the coordination of response actions.
(b) 
Identifies alternative water supply sources.
(c) 
Makes arrangements for necessary technical, logistical, and financial resources to implement the contingency program.
(2) 
It shall be the responsibility of the Authority to review the contingency plan on an annual basis and update the plan if it is determined to be inadequate.
B. 
Emergency response plan.
(1) 
The East Petersburg Borough Authority shall prepare and maintain an emergency response plan to respond to hazardous material spills which threaten the water supply. This plan should address the following issues:
(a) 
Develop a detailed cleanup strategy for hazardous material spills assigning specific responsibilities and tasks to Borough/Township staff, local fire departments, cleanup specialists, and waste disposal firms.
(b) 
Necessary arrangements and service contracts shall be made and renewed on an annual basis.
(2) 
It shall be the responsibility of the Authority to review the emergency response plan on an annual basis and update the plan if it is determined to be inadequate. The Authority shall also make necessary arrangements and service contracts necessary to implement the plan.
All fees for operating permits and review of subdivision and land development plans shall be established by resolutions of the Borough Council/Township Commissioners. Fees established shall be reviewed at least annually and adjusted as required and shall include costs involved with the implementation of this article, including administrative costs and engineer review fees.