[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.
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(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.
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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.