[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 this 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.
BEST MANAGEMENT PRACTICES (BMPS)
A set of standard operating procedures that can be used in a particular industry or commercial activity to limit the threat of groundwater contamination posed by ongoing processes.
CONTAINMENT DEVICE
A device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.
ENVIRONMENTAL AUDIT
An evaluation performed by a qualified professional of a facility's compliance with existing federal, state, and local regulations.
EPA
Refers to the United States Environmental Protection Agency.
EPA/DEP JOINT STORMWATER NPDES PERMIT
A permit meeting the requirements of 40 CFR Parts 122, 123, and 124 National Pollutant Discharge Elimination System Permit Application Regulations for Stormwater Discharges issued by EPA on November 16, 1990.
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.
NUTRIENT/MANURE MANAGEMENT PLAN
A plan prepared by a qualified professional establishing application rates for manure/fertilizers on agricultural lands to achieve a proper balance of fertilizers and minimize the loss of nutrients.
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 Resources.
PERSON
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.
PREPAREDNESS, PREVENTION, AND CONTINGENCY (PPC) PLAN
A plan prepared by a qualified professional meeting the requirements of the PA DEP "Guidelines for the Development and Implementation of PPC Plans."
RULES AND REGULATIONS OF PA DEP
Official guidance publications of the PA DEP with standards and requirements for protection of groundwater resources.
SOIL CONSERVATION PLANS
A plan prepared by a qualified professional to manage surface runoff and control erosion through the best available farming practices on agricultural land.
SPILL PREVENTION AND RESPONSE PLAN
A plan prepared by a qualified professional describing procedures to clean up a spill of hazardous materials consistent with the requirements described in Section 901 of the Pennsylvania Storage Tank and Spill Prevention Act.[1]
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.
[1]
Editor's Note: See 35 P.S. § 6021.901.
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. 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.
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) 
Construction activities.
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 § 122-17 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, including the requirements described in § 122-20.
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.
(7) 
The operating requirements described in § 122-20A shall be applicable for the operation of new facilities.
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.
(6) 
The operating requirements described in § 122-20B shall be applicable for the operation of new underground storage tanks.
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 tank 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.
(7) 
The operating requirements described in § 122-20B shall be applicable for the operation of new aboveground storage tanks.
A. 
Industrial, commercial, and manufacturing facilities. The following operating requirements apply to industrial, commercial, and manufacturing facilities:
(1) 
Owners of facilities shall apply to the municipalities for a wellhead protection area operating permit within 180 days from the effective date of this article or within 90 days before starting operation of a new facility. All permits shall be renewed annually thereafter. The permit application shall contain:
(a) 
A list of all hazardous materials, including their quantities, which are stored, handled, used, or produced at the facility being permitted. This information should be consistent with public disclosure and reporting requirements in the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III.
(b) 
A detailed description of the activities conducted at the facility that involve the storage, handling, use, and/or production of hazardous materials. Included with this information shall be a description of the containment structures for hazardous material storage.
(c) 
A detailed description of disposal procedures for hazardous materials and wastes and the name, address, and telephone number of any waste haulers used.
(d) 
A site map showing the location of the facility and its property boundaries and the locations where hazardous substances are stored, handled, used, and produced.
(e) 
A preparedness, prevention, and contingency (PPC) plan consistent with applicable PA DEP guidelines and requirements which include procedures to be followed to prevent, control, collect, and dispose of any accidental spill or unauthorized release of a hazardous material.
(f) 
An environmental audit identifying areas of noncompliance with existing federal, state, and local regulations concerning groundwater protection. A discussion of the plans to address areas of noncompliance must be included as part of the audit.
(g) 
Prepare best management practices (BMPs) and procedures for the daily in-house inspection and maintenance of areas where hazardous materials are stored, handled, used, and/or produced. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be available for inspection by Township personnel.
(h) 
Provide a copy of EPA/DEP joint stormwater NPDES permit or describe plans for complying with federal, state, and local stormwater regulations.
B. 
Underground storage tanks. The following operating requirements apply to 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) 
Owners of underground storage tanks shall apply to the municipalities for a wellhead protection area operating permit within 180 days from the effective date of this article or within 90 days before starting operation of a new tank. All permits shall be renewed annually thereafter. The permit application shall contain:
(a) 
Description of the tank, including age, size, and location at the facility.
(b) 
Description of the type and quantity of material stored in the tank.
(c) 
Documentation that the tank is in compliance with existing federal, state, and local regulations, including any leak tests performed on the tank.
(d) 
Documentation that the tank is properly registered as required by federal and state regulations.
(2) 
Leak-detection systems shall be checked for evidence of a release at least every 30 days.
(3) 
Existing tanks shall be upgraded as required to meet applicable federal and state regulations.
(4) 
Owners shall meet federal and state requirements for release detection recordkeeping, reporting, and notification.
C. 
Aboveground storage tanks. The following operating requirements apply to 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) 
Owners of aboveground storage tanks shall apply to the municipalities for a wellhead protection area operating permit within 180 days from the effective date of this article or within 90 days before starting operation of a new tank. All permits shall be renewed annually thereafter. The permit application shall contain:
(a) 
Description of the tank, including age, size, and location at the facility.
(b) 
Description of the type and quantity of material stored in the tank.
(c) 
Documentation that the tank is in compliance with existing federal, state, and local regulations.
(d) 
Copy of spill prevention response plan consistent with the requirements of the Pennsylvania Storage Tank and Spill Prevention Act.[1]
[1]
Editor's Note: See 35 P.S. §§ 6021.101 to 6021.2104.
(2) 
Existing tanks shall be upgraded as required to meet applicable federal and state regulations.
(3) 
Owners shall meet federal and state requirements for release detection recordkeeping, reporting, and notification.
D. 
Agricultural operations. The following operating requirements apply to agricultural land:
(1) 
Owners of lands utilized for agricultural production shall apply to the municipalities for a wellhead protection area operating permit within 180 days from the effective date of this article or within 90 days before starting agricultural production of new lands. All permits shall be renewed annually thereafter. The permit application shall contain:
(a) 
The amount of total tillable acres, type of crops, and number and type of livestock raised on the farm.
(b) 
Nutrient/Manure Management Program in accordance with the standards as published in the Soil Fertility Section of the Penn State Agronomy Guide and in accordance with the PA DEP Manure Management Manual.
(c) 
Soil conservation plan prepared by the Natural Resources Conservation Service.
(d) 
The amount and types of pesticides and fertilizers stored on the farm.
E. 
Other regulated land uses, facilities, and/or activities. The following operating requirements apply to all other land uses, facilities, and/or activities regulated under § 122-17A, B, and C continuing to operate per the exceptions described in § 122-18.
(1) 
Owners of regulated land uses, facilities, and/or activities shall apply to the municipalities for a wellhead protection area operating permit within 180 days from the effective date of this article or within 90 days before starting operation of a new regulated land use, facility, and/or activity. All permits shall be renewed annually thereafter. The permit application shall contain:
(a) 
A list of all hazardous materials, including their quantities, which are stored, handled, used, or produced at the facility being permitted. This information should be consistent with public disclosure and reporting requirements in the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III.
(b) 
A detailed description of the activities conducted at the facility that involve the storage, handling, use, and/or production of hazardous materials. Included with this information shall be a description of the containment structures for hazardous material storage.
(c) 
A detailed description of disposal procedures for hazardous materials and wastes and names, address, and telephone number of any waste haulers used.
(d) 
A site map showing the location of the facility and its property boundaries and the locations where hazardous substances are stored, handled, used, and produced.
(e) 
A preparedness, prevention, and contingency (PPC) plan consistent with applicable PA DEP guidelines and requirements which include procedures to be followed to prevent, control, collect, and dispose of any accidental spill or unauthorized release of a hazardous material.
(f) 
An environmental audit identifying areas of noncompliance with existing federal, state, and local regulations concerning groundwater protection. A discussion of the plans to address areas of noncompliance must be included as part of the audit.
(g) 
Prepare best management practices (BMPs) and procedures for the daily in-house inspection and maintenance of areas where hazardous materials are stored, handled, used, and/or produced. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be available for inspection by Borough/Township personnel.
The following requirements apply to all spills of hazardous materials at facilities which are not entirely contained and are released to the environment:
A. 
All spills shall be reported within one hour to the East Petersburg Borough Authority. A written report must be filed within five days of the occurrence including the following information:
(1) 
Name of facility, contact person, and telephone number.
(2) 
List of type, quantities, and concentration of hazardous substances released.
(3) 
Method of cleanup.
(4) 
Method of future release prevention or repair.
B. 
The reporting of spills to the Authority shall not relieve the responsibility of the owner of reporting requirements of other regulatory agencies.
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. 
Wellhead protection area operating permit issuance and review.
(1) 
It shall be the responsibility of the East Petersburg Borough Authority to review wellhead protection area operating permit applications for compliance with this article.
(2) 
The Authority shall have the power to issue and deny permits.
(3) 
On an annual basis, the Authority shall review all existing operating permits for compliance with this article.
(4) 
When a hazardous material spill report is received, the Authority shall review the operating permit for the facility.
C. 
Transfer of operating permit. In the event there is a change of ownership, a new lease, or an assignment of a lease, a sublease, or any other change in regard to the person owning the facility, the Authority shall be notified. Upon payment of the appropriate fee and completion of the processing of an application, the operating permit shall be transferred.
D. 
Municipal inspection. The operating permit shall be a legally binding agreement between the Municipalities and owner and shall provide that the Borough/Township shall have the right to:
(1) 
Inspect the facilities and property at any time.
(2) 
Require the owner of a facility to take corrective measures to prevent potential contamination of groundwater, and assign the owner reasonable time periods for any necessary action.
E. 
Enforcement actions and penalties.
(1) 
The Zoning Officer is authorized to issue cease and desist orders whenever he becomes aware of violations of this article.
(2) 
If an owner continues to operate without an operating permit as required by this article, the municipalities may file an action for injunctive relief in the Pennsylvania District Court.
(3) 
All costs for abatement incurred by the municipalities, including engineering and attorneys' fees, shall be paid by an owner operating in violation of the provisions of this article or the operating permit.
F. 
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 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.
A. 
Fees established by resolution. 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.