[Ord. 33-2007, passed 6-6-2007]
This article shall be known as the "Non-Use Aquifer Ordinance
of the City of Erie, Pennsylvania," in accordance with and exercising
the authority of the Pennsylvania Land Recycling and Environmental
Remediation Standards Act (Act 2 of 1995), Pennsylvania Code 25 Chapters
109 (Safe Drinking Water) and 250 (Administration of the Land Recycling
Program), Section 301.4 of the International Plumbing Code of 2003,
the City of Erie Ordinance 30-2004 enforcing the Pennsylvania Construction
Code (Act 45 of 1999), and Chapter 2 of the Pennsylvania Department
of Environmental Protection Technical Guidance Manual, among others,
to prohibit, regulate, restrict and determine the use of groundwater
for drinking or agricultural purposes within the City.
[Ord. 33-2007, passed 6-6-2007]
This article shall have as its general purposes:
(a)
To establish the prohibition of the use of groundwater for drinking
or agricultural purposes within the City of Erie.
(b)
To require all properties in the City of Erie to connect to a community
water supply for drinking water and agricultural purposes, and prohibit
the use of groundwater for said purposes.
(c)
To promote, protect, and facilitate public health, safety, and welfare
of the general public within the City of Erie through the implementation
of appropriate procedures to implement and regulate the above purposes.
[Ord. 33-2007, passed 6-6-2007]
(a)
The Pennsylvania Land Recycling and Environmental Remediation Standards
Act (Act 2 of 1995), as part of the effort to eliminate public health
and environmental hazards on existing commercial and industrial land
across the Commonwealth, establishes conditions and responsibilities
for the use and reuse of those lands as sources of employment, housing,
recreation and open-space areas as a means to prevent the needless
development of prime farmland, open-pace areas, and natural areas
and reduce public costs for installing new water, sewer, and highway
infrastructure.
(b)
The Act recognizes that cleanup plans should be based on the actual
risk that contamination on a site may pose to public health and the
environment and take into consideration its current and future use.
As such, the Act does not require that every site be returned to a
pristine condition.
(c)
The Act further establishes environmental responsibilities and economic
incentives for the redevelopment of the aforementioned land and designates
the Pennsylvania Department of Environmental Protection (PADEP) as
the overseeing agency for any environmental cleanup effort associated
with the Act.
(d)
The Pennsylvania Department of Environmental Protection has, accordingly,
established its Land Recycling Program which provides background information
and guidance relative to remediation of sites possessing contaminated
groundwater.
(e)
The Act 2 program provides options available to the remediator of
those sites and options and responsibilities of the municipalities
and authorities having jurisdictional control over those sites.
(f)
One of the proactive institutional control options available to a
municipality for the protection of its citizens is the establishment
of an ordinance prohibiting groundwater use for drinking or agricultural
purposes. This option, which is known as "Request for Certification
of a Non-use Aquifer Area Initiated by a Local Government," is used
by municipal authorities and political subdivisions which desire to
receive certification that a given geographic area meets the conditions
of Act 2, Section 250.303(c) (i.e., non-use aquifer area conditions)
where no specific property to be remediated has been identified. These
conditions are based on Section 250.303(f) of Act 2 of 1995 which
requires an ordinance prohibiting groundwater use for drinking or
agricultural purposes and which requires every property to be connected
to the public water supply.
(g)
By a 1940 ordinance, the City of Erie provided that no well or spring
was to be maintained where City water was available. This ordinance
was repealed in 2000 by Ordinance No. 28-2000.
(h)
By Ordinance No. 30-2004, The City of Erie adopted the Uniform Construction
Code and provided that where a public water supply was available a
building or premises must be connected to the public water supply;
however, this ordinance did not prohibit the use of groundwater sources
for drinking or agricultural purposes.
[Ord. 33-2007, passed 6-6-2007]
It is not intended by this article to repeal, abrogate, annul
or interfere with any existing ordinances or enactment, or with any
rule, regulation or permit adopted or issued there under, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this article, provided that where this article imposes greater
restrictions upon the use of groundwater than are required by the
provisions of such ordinance, enactment, rule, regulation or permit,
then the provisions of this article shall control.
[Ord. 33-2007, passed 6-6-2007]
(a)
Rules of construction. For the purpose of this article, certain terms
or words used herein are defined as follows, using these rules of
construction.
(b)
Definitions.
(1)
AGRICULTURAL PURPOSES — Commercial agricultural activities,
including, but not limited to, irrigation of crops, watering of livestock,
and food production, processing or packaging.
(2)
AQUIFER — A geological formation, group of formations
or part of a formation capable of a sustainable yield of significant
amount of water to a well or spring.
(3)
CLEANUP OR REMEDIATION — To clean up, mitigate, correct,
abate, minimize, eliminate, control, or prevent a release of a regulated
substance into the environment, in order to protect the present or
future health, safety, welfare or the environment, including preliminary
actions to study or assess the release.
(4)
CONTROL — To apply engineering measurers, such as capping
or treatment or institutional measures, such as deed restrictions
to sites with contaminated media.
(5)
GROUNDWATER — Water below the land surface in a zone of
saturation.
(6)
MUNICIPALITY — A township, borough, City, incorporated
village or home rule municipality. This term shall not include a county.
(7)
SITE — The extent of contamination originating within
the property boundaries and all areas in close proximity to the contamination
necessary for the implementation of remediation activities to be conducted
under Pennsylvania Act 2 of 1995.
[Ord. 33-2007, passed 6-6-2007]
(a)
Restrictions. All real estate located within the boundaries of the
City of Erie shall be subject to the following restrictions:
(1)
No well or spring located on a property shall be used as a groundwater
source for drinking water or agricultural purposes.
(2)
No owner, lessee or other person shall use any groundwater source
for drinking water or agricultural purposes.
(3)
In accordance with the City's adoption of the 2003 International
Plumbing Code and as further required by this article, all buildings
located within the boundaries of the City of Erie are mandated to
connect to the public drinking water system servicing the area.
(4)
No building permit shall be issued by the City without verification
of the availability of public drinking water service to the building.
(5)
No building may be occupied without verification that the building
has connected to the public drinking water system and there are no
other water supply sources connected to the building for use in supplying
water for drinking water or agricultural purposes to the building,
including but not limited to, groundwater sources.
(b)
Appeals. Any person or persons, or any board, taxpayer, department
or bureau of the City aggrieved by any decision of the City official
appointed to enforce this article may seek review by the Court of
Common Pleas pursuant to the Local Agency Law.
[Ord. 33-2007, passed 6-6-2007]
This article may only be amended in accordance with the requirements
set forth hereinafter:
(a)
Any amendment shall be effective 30 days' after written notice
has been given to the Commonwealth of Pennsylvania Department of Environmental
Protection together with a copy of the proposed amendment.
(b)
Upon adoption of any amendment to this article, notice shall be given
to the public water supplier.
[Ord. 33-2007, passed 6-6-2007]
(a)
Duties. The government officer responsible for the issuance of building
permits and enforcement of building codes shall administer and enforce
this article to include the proposal of amendments to the prohibition
throughout the City of Erie of the use of water wells for drinking
or agricultural purposes, and notification of the public water supplier
and the Land Recycling Program Manager of the Northwest Regional Office
of the PADEP of any changes in status or requirements. If the government
officer finds that any provisions of this article are being violated,
he shall notify, in writing, the person responsible and he shall order
the discontinuance of the illegal use of aquifer water supplies and
shall take any other action authorized by this article to ensure compliance
with or to prevent violation of its provisions.
[Ord. 33-2007, passed 6-6-2007]
(a)
Violation of the provisions of this article or failure to comply
with any and all of its requirements shall be grounds for a civil
proceeding. Any property owner or lessee of land situated in the City
of Erie who has violated or permitted the violation of the provisions
of this article shall, upon being found liable therefore in a civil
proceeding commenced by the City, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney fees incurred
by the City as a result thereof. No judgments shall commence or be
imposed, levied, or payable until the date of the determination of
the violation by the Magisterial District Judge. Each day that a violation
continues shall constitute a separate violation although the District
Justice may, at his discretion, determine that the first day of violation
is the fifth day after his decision if he believes the violator was
unaware of the violation prior to being charged. All judgments, costs,
and reasonable attorney fees collected shall be paid to the City.
(b)
Nothing contained herein shall be construed or interpreted to grant
to any person or entity other than the City the right to commence
any action for enforcement pursuant to this section, nor prevent the
City from taking such other lawful action as is necessary to prevent
or remedy any violation, or to bring an action to enjoin any violation
of this article.
(c)
In addition, an action may be instituted to compel a user to cease
using the well or spring for drinking water or agricultural purposes.
