[Adopted 2-12-2001 by Ord. No. 01-2]
This part shall only apply to those areas of the Borough which
are located within wellhead protection areas 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 identified as Appendix A for general reference. This part
regulates the following land uses, physical facilities and activities
which have the potential to deplete or contaminate groundwater:
Approvals issued pursuant to this part do not relieve the applicant
of the responsibility to secure the required permits or approvals
for activities regulated by other applicable code, rule or ordinance.
As used in this Part 4, the following terms shall have the meanings
indicated:
The Allegheny County Health Department.
Those operations which include tilling, cultivation and animal
husbandry and which qualify as earthmoving pursuant to DEP Chapter
102 Rules and Regulations.
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.
The Borough of Sharpsburg.
The area surrounding a pump well within which the water table
elevation has been lowered due to groundwater withdrawal.
The Allegheny County Conservation District.
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.
A basin designated 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[1] which, if required by the Commonwealth of Pennsylvania
Department of Labor and Industry for a facility, describes the hazardous
substances emitted, discharged, or disposed of from the workplace.
The United States Environmental Protection Agency.
A product of 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 groundwater 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 Section 311 of the
Federal Clean Water Act.
"Toxic materials" defined pursuant to Chapter 75 of PA DEP Rules
and Regulations.
"Hazardous wastes" defined pursuant to Section 101 of the Federal
Resource Conservation and Recovery Act.[2]
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.[3]
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 in a lot or lots regardless of the number of occupants or
tenure.
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 Section 501(1.1) of the Municipalities
Planning Code.
A sewage disposal facility which is designated 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 or service activities which appear on the
following list:
Bulk agricultural 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 photo finishing.
Repair service: furniture, welding and septage services.
Amusement and recreation.
Educational, medical and engineering laboratories.
Landscapers.
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.
The Pennsylvania Department of Environmental Protection.
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,
borough, 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 PA DEP Rules and Regulations which is applicable
to facilities which handle materials with the potential for accidental
pollution of the water of the commonwealth. Specific requirements
for a PIP plan are contained in "Guidelines for the Development and
Implementation of Environmental Emergency Response Plans," PA DEP,
September 1990.
An environmental emergency response document required by
the Federal Resource Conservation and Recovery Act to facilities which
operate, store, treat or dispose of hazardous wastes. Hazardous wastes
are those defined within the PA DEP regulations or other wastes which
meet specific characteristics tests.
A person who, by education, experience, certification or
licensure, has demonstrated expertise in a particular field.
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.
A basin designated 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 route of extremely hazardous substances, a description
of the workplace and a risk analysis of the operation of 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
amount 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 extremely hazardous substance
exceeding 10,000 pounds 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. 1937, No. 394), known
as "The Clean Streams Law," as amended.[4]
A combination of piping, tanks or other facilities for the
collection, conveyance, treatment and disposal of sewage.
A closed, generally circular, depression in the land surface
of variable depths 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 Pennsylvania Storage 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 Sections 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 above ground. 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, parcels or other divisions of
land, including changes in the 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.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted or otherwise constructed and when the intended use of
such excavation is to conduct groundwater from an aquifer or aquifer
system to the surface by pumping or natural flow, or to monitor the
characteristics of groundwater within an aquifer system.
The area of the land surface that is within the area protecting
public water supply wells.
1.
General requirements. No activity specified in § 26-404.2
shall occur within the wellhead protection area except in strict conformance
with the provisions of this part.
2.
Wellhead protection areas.
A.
Mapping of wellhead protection areas. To implement the provisions
of this part, wellhead protection areas surrounding protected public
water supply wells are hereby established. The boundaries of wellhead
protection areas are shown on an Official Map which is available for
inspection at the municipal office. A copy of the Official Map at
a reduced scale is included in Appendix A for general reference.[1] The final boundary was determined by Moody & Associates
and the ACHD in 1995.
[1]
Editor's Note: Appendix A is also available in the Borough
office.
B.
Examples of regulated activities include, but are not limited to,
the following:
(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 response plan.
(2)
Bulk agricultural 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.
(7)
Underground storage tanks.
(8)
Waste disposal facilities.
(9)
Land application of sewage sludge.
(10)
Stormwater retention facilities.
(11)
Unlined stormwater detention facilities.
(12)
Well drilling.
(13)
Operations and/or facilities which are involved with the manufacture,
storage or processing of materials and which fall within the following
categories:
(a)
Bulk agricultural products dealers and distributors.
(b)
Mining, dredging 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 photographic finishing.
(r)
Repair services: furniture, welding and septage services.
(s)
Amusements and recreation.
(t)
Educational, medical and engineering laboratories.
(u)
Landscapers.
1.
New or continuation of land uses, physical activities at existing or new locations. All activities within the protected wellhead area must meet the listed requirements in § 26-404.
2.
Existing sewage disposal problems. Notwithstanding the provisions of § 26-404, large-volume subsurface sewage disposal systems may be used if necessary to solve sewage disposal problems associated with existing development.
3.
Public water supply projects. Notwithstanding the provisions of § 26-404, public water supply projects which require the use of chemicals for disinfection or treatment will be allowed in all wellhead protection areas, subject to their approval, construction and operation in accordance with PA DEP regulations.
1.
General requirements. No subdivision or land development shall occur
within wellhead protection areas except in strict conformance with
the provisions of this part.
2.
Wellhead protection areas mapping. To implement the provisions of
this part, wellhead protection areas surrounding protected public
water supply wells are hereby established. The boundaries of wellhead
protection areas 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]
[1]
Editor's Note: Appendix A is also available in the Borough
office.
3.
Wellhead protection area restrictions.
A.
Subdivisions and land developments within wellhead protection areas for which stormwater management controls are required pursuant to the Borough's Subdivision and Land Development Ordinance (Chapter 22) shall be designed consistent with the following:
B.
Subdivisions and land developments within wellhead protection areas
as mapped in Appendix A shall have the following requirements in addition
to those requirements of the Borough Subdivision and Land Development
Ordinance:
(1)
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.
(2)
Based on the work required in § 26-406.3B(1), 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:
(3)
Based upon the work performed in § 26-406.3B(1) and(2),
the professional shall determine what further testing should be done
by the applicant to ensure compliance with the performance standards
set forth in § 26-406.3C. Testing methodology shall be reasonable
under the circumstances, including: (i) the scale of the proposed
development; and (ii) the hazards revealed by examination of available
data and site inspection.
(4)
The applicant shall cause the additional testing established
in § 26-406.3B(3) 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 § 26-406.3C.
(5)
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 Borough 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.
C.
Subdivision and land development within wellhead protection areas
as mapped in Appendix A shall have the following design requirements:
(1)
All buildings, structures, impervious surfaces and utilities
shall be so situated, designed 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.
(2)
Stormwater shall not be redirected into a sinkhole.
1.
General requirements. No activity specified in § 26-406.2
shall occur within Wellhead Protection Areas I or II except in strict
conformance with the requirements of this section.
2.
Wellhead protection requirements. The following activities, located within wellhead protection areas, which are specifically allowed in § 26-404 or 26-405 of this part, shall meet the following conditions:
A.
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 response plan.
B.
Bulk agricultural products dealers and distributors.
D.
Underground injection wells (Classes I, II, III and IV). A current
registration from the Environmental Protection Agency must be filed
with the Borough.
E.
Aboveground storage tanks and underground storage tanks. A current
registration from the PA DEP must be filed with the Borough.
F.
Waste disposal facilities.
(1)
A current permit from the PA DEP must be filed with the Borough.
(2)
A current PPC Plan, if required for the facility by PA DEP regulations,
must be filed with the Borough.
(3)
PA DEP required water quality monitoring reports must be filed
with the Borough.
(4)
PA DEP required water pollution abatement plans must be filed
with the Borough.
G.
Agricultural operations.
(1)
The conservation plan prepared according to Chapter 102 of PA
DEP regulations must include a pesticide management plan and a nutrient
management plan.
(2)
Within areas of carbonate bedrock as delineated in Appendix
A, the conservation plan prepared according to Chapter 102 PA DEP
regulations must include the identification of sinkholes and a mitigation
plan.
H.
Sewage disposal facilities. Sewage disposal facilities must be operated
and maintained to prevent discharge of untreated or partially treated
sewage to the surface waters or groundwaters.
I.
Drilling. All drilling operations must be performed in strict accordance
with the requirements of and permitted by the PA DEP. A copy of the
permit must be filed with the Borough prior to commencement of any
drilling operations.
J.
Dredge. Applicants for dredging permits with the United States Army
Corps of Engineers must file a copy of the application with the Borough
of Sharpsburg within three days of making the application with the
United States Army Corps of Engineers.
1.
Borough inspections.
A.
The Borough Engineer or the Borough's designate shall be authorized
to inspect the following facilities located within wellhead protection
areas for purposes of determining compliance with this part and any
federal, state or county permit or regulation requirements, upon direction
by the Borough Council:
(1)
Facilities with PIP, SPCC, PPC, SPR or SARA Title III off-site
plans.
(2)
Bulk agricultural products dealers and distributors.
(3)
Large-volume subsurface sewage disposal systems.
(4)
Large-volume spray irrigation sewage disposal systems.
(5)
Underground and aboveground storage tanks.
(6)
Underground injection wells.
(7)
Waste disposal facilities.
(8)
Sewage sludge land application sites.
(9)
Other industrial and commercial facilities.
B.
This 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 shall inform ACHD, PA DEP
or EPA, as appropriate, of any possible violations or their regulations
for the purpose of follow-up actions by those agencies.
2.
Inspections by the County Conservation District. The County Conservation
District shall be authorized to inspect the following activities located
within wellhead protection areas on an as-needed basis:
A.
Earthmoving activities covered by an erosion and sedimentation plan
under Chapter 102 of PA DEP regulations.
3.
Right of entry. Upon presentation of the proper credentials, 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 part are being met.
Official Map. The attached map[1] depicting Wellhead Protection Area is declared to be a part of this Part 4 as Appendix A.
[1]
Editor's Note: Map is on file at the Borough office.
[Amended 2-21-2013 by Ord. No. 13-05]
Penalties. Any person, firm or corporation who shall violate
any provision of this part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this part continues or each
section of this part which shall be found to have been violated shall
constitute a separate offense.
If any person or other entity carries on any activity within
wellhead protection areas in violation of the requirements of this
part or fails to file any required plan, form, report or registration
with the Borough, then the Borough, in addition to any other remedies,
may institute any legal action to prevent, restrain or abate any act
constituting a violation of this part and to require compliance with
its provisions.
