As used in this chapter, the following terms shall have the meanings indicated:
Those operations which include tilling, cultivation and animal husbandry as the primary use of the property, and which qualify as earthmoving pursuant to DEP Chapter 102, Rules and Regulations.[1]
The area surrounding a pumping well within which the water table elevation has been lowered due to groundwater withdrawal.
The Bucks 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.
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[2] 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 United States Environmental Protection Agency.
Linear features in bedrock caused by erosion along fractures or zones of fractures and readily visible on aerial photographs.
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 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 Zlth 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.[3]
"Toxic Materials" defined pursuant to Section 307 of the Federal Clean Water Act.[4]
"Hazardous Wastes" defined pursuant to Chapter 75 of DER Rules and Regulations.
"Hazardous Wastes" defined pursuant to Section 101 of the Federal Resource Conservation and Recovery Act.
A document required by the Pennsylvania Worker and Community Right-to-Know Act[5] which provides a listing of all hazardous substances found in the workplace.
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 proposed 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 503(1.1) of the Municipalities Planning Code.[6]
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 designated 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:
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 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," PADER, 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[7] and the DEP Hazardous Waste Regulations (Chapters 260 through 270)[8] 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 groundwater 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, so that a permanent pool is established.
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 constitute pollution under the Act of June 22, 1937 (P.L. 1987 No. 394), know as the "Clean Streams Law," as amended.[9]
A combination of piping, tanks, or other facilities for the collection, conveyance, treatment and disposal of sewage.
The representative of the Bucks County Department of Health who issues and reviews sewage system disposal permits and conducts such inspection and investigations as are necessary to implement the provisions of the Pennsylvania Sewage Facilities Act.[10]
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 by collapse of underlying caves.
An environmental emergency response document required by the Pennsylvania Storage Tank and Spill Prevention Act (STSPA)[11] 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.[12] A downstream notification requirement applies to regulated tanks adjacent to surface waters.
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 requirements are virtually the same as for a PIP plan.
A tank which contains substances as regulated under the Storage Tank and Spill Prevent Act (STSPA)[13] 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)[14] which meets the following criteria: a tank with 100 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, or lease, partition by 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 mud 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; excluding domestic sewage.
The protective zone immediately surrounding a well, spring, or infiltration gallery, which shall be a radius of 400 feet.
That area of the land surface which represents the ten-year time-of-travel capture zone associated with a protected public water supply well.
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.
[1]
Editor's Note: See Chapter 102 of Title 25 of the Pennsylvania Code.
[2]
Editor's Note: See 35 P.S. § 7301 et seq.
[3]
Editor's Note: See 33 U.S.C. § 1321.
[4]
Editor's Note: See 33 U.S.C. § 1317.
[5]
Editor's Note: See 35 P.S. § 7301 et seq.
[6]
Editor's Note: See 53 P.S. § 10503(1.1).
[7]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[8]
Editor's Note: See 25 Pa. Code Ch. 260 through Ch. 270A.
[9]
Editor's Note: See 35 P.S. § 691.1 et seq.
[10]
See 35 P.S. § 750.1 et seq.
[11]
Editor's Note: See 35 P.S. § 6021.101 et seq.
[12]
Editor's Note: See 35 P.S. §§ 6021.902 and 6021.903, respectively.
[13]
Editor's Note: See 35 P.S. § 6021.101 et seq.
[14]
Editor's Note: See 35 P.S. § 6021.101 et seq.