The title of this article shall be known and may be cited as
the "Mandatory Aquifer Nonuse Ordinance."
The Pennsylvania Department of Environmental Protection (PA
DEP) has determined that within a certain area designated as the Aquifer
Nonuse Area (ANUA) the groundwater may contain chemical constituents
which preclude its safe use for domestic, potable or agricultural
water supply. The ANUA is within the service area of the public water
system of the Borough. The Borough wishes to establish restrictions
and procedures to prevent the extraction of groundwater and require
the use of the public water system for domestic, potable and agricultural
supply for all land located within the ANUA.
The following words and terms shall have the meanings respectively
ascribed to them as follows, unless the context clearly indicates
a different meaning:
AGRICULTURAL USE
Any use for the irrigation of crops or use for animal consumption
or incorporation and animal feed.
ANUA
The area identified on the plan titled "Designated Non-Use
Aquifer Area," dated May 9, 2016, prepared by RKR Hess, a Division
of UTRS, and included herein by reference. A listing of properties
included within the ANUA is included on such plan.
[Amended 7-19-2022 by Ord. No. 1389, approved 7-19-2022]
ANUA PROPERTY
Any portion of any parcel or lot located within the ANUA.
BULK SUPPLY
Water supplied to a location by tank truck and stored on
site in a single container of sufficient capacity to hold at least
two weeks of anticipated water use. Bulk supply does not include bottled
water for individual, water cooler or similar uses.
DOMESTIC USE
Any normal household use, including, but not limited to,
drinking, bathing, cleaning, laundry, swimming pools, lawn and landscape
watering and toilets.
PERSON
Any individual, corporation, firm, partnership or any other
entity or association.
WATER SYSTEM
The public water system operated by the Borough of East Stroudsburg,
Pennsylvania.
Any exceptions permitted pursuant to §
154-34B or
154-35B may be withdrawn upon the determination by the Borough that the property, building or use no longer satisfies the standards for the exception. Both in the case of the original application for exception and any appeal from a withdrawal of an exception by the Borough, it shall be the burden of the applicant or appellant to prove satisfaction of the standards for the exception.
Any person aggrieved by a decision of the Borough under this article may, within 30 days after the rendering of such decision, appeal the decision under the provisions of Article
III of this chapter.
For the purposes of this article, the records of the Borough
Department of Water shall be deemed competent record of whether a
subject property has been connected to the Borough water system so
as to be in compliance with the article.
If any property, building or structure is in violation of provisions of this article, the Borough will notify the owner, tenant or other occupiers of the property by certified mail or personal service to discontinue all violations of this article, immediately, except that any connection to the public water system required pursuant to §
154-35A above shall be completed within 90 days of the receipt of such notice.
After notice, any failure to comply with all provisions of this
article shall be considered a threat to the public health and safety,
and in addition to any other fines or penalties, such property, buildings,
structures and appliances shall be deemed in violation of the East
Stroudsburg Building Code.
In addition to any penalty herein above prescribed, any person
violating any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine not to exceed $600 for any one offense
and/or imprisonment for a term not exceeding 90 days.
Within 30 days after the adoption of any amendment or repeal
of this Mandatory Aquifer Nonuse Ordinance, the Borough Manager shall
notify the Northeast Regional Office of the Pennsylvania Department
of Environmental Protection, Wilkes Barre, Pennsylvania in writing
of any such amendment or repeal.