[Ord. 7913, passed 2-11-2010]
This article shall be known as "M-2 Heavy Industrial Zoning District of the Seventh Ward Groundwater Use Restrictions" in accordance with and under the authority of the Pennsylvania Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995), Pennsylvania Code 25 Chapter 109 (Safe Drinking Water) and Chapter 250 (Administration of the Land Recycling Program), enforcing 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 area designated as the "M-2/7th Ward Groundwater Use Restriction Area" in the Seventh Ward M-2 Heavy Industrial Zoning District of the City of New Castle.
[Ord. 7913, passed 2-11-2010]
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 "M-2/7th Ward Groundwater Use Restriction Area" in the Seventh Ward M-2 Heavy Industrial Zoning District of the City of New Castle.
(b) 
To require all properties in the "M-2/7th Ward Groundwater Use Restriction Area" in the Seventh Ward M-2 Heavy Industrial Zoning District of the City of New Castle 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 New Castle through the implementation of appropriate procedures to implement and regulate the above purposes.
[Ord. 6841, passed 7-25-1985; Ord. 7913, passed 2-11-2010]
(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-space 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 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 with contaminated groundwater.
(e) 
The Act 2 program provides options available to the remediator of those sites and option 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 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(c)(1)(2) and (3) per Section II.C.9.c.IV of the Pennsylvania Department of Environmental Protection Technical Guidance Manual. These conditions require an ordinance prohibiting groundwater use for drinking or agricultural purposes and which requires every property to be connected to the public water supply.
(g) 
Article 1705 BOCA Plumbing Code, Section 1705.02 Amendments (h) provides as follows:
P-303.2 Public Systems Available. A public water supply system or public sewer system shall be deemed available to premises used for human occupancy if such premises are within 300 feet, measured along a street, alley or easement, of the public water supply or sewer system, and a connection conforming with the standards set forth in this Code may be made thereof.
(h) 
Section 1705.02 Amendments (h) however, does not prohibit the use of groundwater sources for drinking or agricultural purposes.
[Ord. 7913, passed 2-11-2010]
It is not intended by this article to repeal, abrogate, annul or interfere with any existing ordinances or enactment, or with any rule, regulations or permit adopted or issued thereunder, 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 area required by the provisions of such ordinance, enactment, rule, regulations or permit, then the provisions of this article shall control.
[Ord. 7913, passed 2-11-2010]
(a) 
Rules of construction. For the purposes of this article, certain terms or words used herein are defined as follows, using these rules of construction:
(1) 
The present tense includes the future tense.
(2) 
The singular number includes the plural and the plural number includes the singular.
(3) 
The word "shall" is mandatory and the term "may" is permissive.
(b) 
Definitions.
AGRICULTURAL PURPOSES
Commercial agricultural activities, including, but not limited to, irrigation of crops, watering of livestock, and food production, processing or packaging.
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.
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.
CONTROL
To apply engineering measures, such as capping or treatment or institutional measures, such as deed restrictions to sites with contaminated media.
GROUNDWATER
Water below the land surface in a zone of saturation.
M-2/7TH WARD GROUNDWATER USE RESTRICTION AREA
The premises bound and described as follows:
Beginning at a point approximately 570 feet north of the centerline of Mahoning Avenue, travel south and southwest along the northern edge of the Shenango River to a point located approximately 800 feet southwest of Cherry Street where the railroad tracks cross the Shenango River; thence northwest along the railroad tracks to the northwest boundary of the M-2/7th Ward boundary located along the railroad tracks that travel parallel to Industrial Street; thence northeast along the M-2/7th Ward boundary, a distance of approximately 500 feet; thence southeast approximately 430 feet; northeast approximately 740 feet along Industrial Street to the intersection of East Clayton Street; thence northwest approximately 430 feet along East Clayton Street to intersect the railroad tracks at the northwest boundary of M-2/7th Ward boundary; thence northeast along the M-2/7th Ward boundary to a point located approximately 750 feet north of Mahoning Avenue; thence southeast to place of beginning.
MUNICIPALITY
A township, borough, City, incorporated village or home rule municipality. This term shall not include a county.
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. 7913, passed 2-11-2010]
(a) 
Restrictions. All real estate located within the boundaries of the "M-2/7th Ward Groundwater Use Restriction Area" of the City of New Castle 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 Article 1705, Section 1705.02 Amendments (h) of the Codified Ordinances of the City of New Castle and as further required by this ordinance, all buildings shall connect to the public drinking water system servicing the area.
(4) 
No building permit shall be issued by the City of New Castle 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 systems 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 of New Castle aggrieved by any decision of the City official appointed to enforce this ordinance may seek review by the Court of Common Pleas pursuant to the Local Agency Law.
[Ord. 7913, passed 2-11-2010]
(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 in the "M-2/7th Ward Groundwater Use Restriction Area" of the City of New Castle 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 provision of this ordinance 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. 7913, passed 2-11-2010]
All ordinances and parts thereof in conflict herewith are hereby repealed.
[Ord. 7913, passed 2-11-2010]
(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 "M-2/7th Ward Groundwater Use Restriction Area" of the City of New Castle 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 of New Castle 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 of New Castle.
(b) 
Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the City of New Castle the right to commence any action for enforcement pursuant to this section, nor prevent the City of New Castle 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 person to cease using the well or spring for drinking water or agricultural purposes.