[Added 11-7-2006 by Ord. No. 1048]
This article shall be known as the "Non-Use Aquifer Ordinance of the
Borough of Brookville, 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 Borough of Brookville Ordinance
No. 1031 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 within specific geographical areas within the Borough.
This article shall have as its general purposes:
A.
To establish the prohibition of the use of groundwater
within specified area(s).
B.
To require all properties in the specified area(s) to
connect to a community water supply for drinking water and agricultural purposes,
and to prohibit the use of groundwater for any purpose.
C.
To promote, protect, and facilitate public health, safety,
and welfare of the general public within the specified area(s) through the
implementation of appropriate procedures to implement and regulate the above
purposes.
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 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 and published its
Technical Guidance Manual which provides background information and guidance
relative to remediation of sites possessing contaminated groundwater.
E.
That same Manual 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, agricultural or
other purposes in those areas.
G.
That ordinance must be site-specific based on environmental
factors.
H.
Specifically, the Manual sets forth five performance
criteria:
(1)
The establishment of a specific geographic area to which
the ordinance relates.
(2)
The establishment of the prohibition of use of groundwater.
(3)
The requirement that all properties in the specified
area connect to a community water supply.
(4)
The notification to water suppliers servicing that area
of the conditions of the ordinance.
(5)
The provision for notification of the Pennsylvania Department
of Environmental Protection of any modification or elimination of the ordinance.
I.
The Pennsylvania Code Title 25, Chapter 250 requires
that ordinances relating to the establishment of non-use aquifers must also
document that all downgradient properties within a one-thousand-foot radius
plus any additional areas to which the contamination has migrated and might
reasonably migrate at concentrations that exceed the MSC for groundwater used
or currently are connected to a community water system and that the area described
does not intersect a radius of 1/2 mile from a community water well source
or an area designated by the DEP as a zone 2 wellhead protection area under
Chapter 109.
A.
Attached hereto is Exhibit A[1], a complete list of the parcel numbers and common addresses to
be included as the official non-use aquifer parcels.
[1]
Editor's Note: Said Exhibit A is included at the end of this chapter.
B.
This list may be updated from time to time through an
amendment to this article specifically relating to this exhibit.
C.
The Official Non-Use Aquifer Parcels and Common Addresses
List shall be located in the Borough Building and shall be the final authority
as to the current status of non-use aquifer areas within the Borough.
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 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
are required by the provisions of such ordinance, enactment, rule, regulation
or permit, then the provisions of this article shall control.
For the purpose of this article, certain terms or words used herein
are defined as follows:
As used in this article, the following terms shall have the meanings
indicated:
Commercial agricultural activities, including, but not limited to,
irrigation of crops, watering of livestock, and food production, processing
or packaging.
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.
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.
To apply engineering measures, such as capping or treatment, or institutional
measures, such as deed restrictions, to sites with contaminated media.
Water below the land surface in a zone of saturation.
Commercial, manufacturing, public utility, mining or any other activity
done to further either the development, manufacturing or distribution of goods
and services; intermediate and final products and solid waste created during
such activities, including, but not limited to, administration of business
activities, research and development, warehousing, shipping transport, remanufacturing,
stockpiling of raw materials, storage, repair and maintenance of commercial
machinery and equipment and solid waste management.
A measure undertaken to limit or prohibit certain activities that
may interfere with the integrity of a remedial action or result in exposure
to regulated substances at a site. These include, but are not limited to,
fencing or restrictions on the future use of a site.
Any remediation action performed by a person prior to or during implementation
of a remediation plan with the intent to protect human health and the environment.
Medium-specific concentration.
A township, borough, incorporated village or home rule municipality.
This term shall not include a county.
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.
A.
Applicability. The regulations set forth by this article
shall be minimum regulations and shall apply uniformly to any and all industrial
activities submitted for non-use aquifer status by any remediating agency
or entity.
B.
Restrictions. All real estate located within the boundaries
shown on the official Non-Use Aquifer Exhibit shall be subject to the following
restrictions:
(1)
No property shall be used as a groundwater source for
drinking water, agricultural purposes or any other purpose.
(2)
No owner, lessee or other person shall use any groundwater
source for drinking water, agricultural purposes or any other purpose.
(3)
In accordance with the Borough's adoption of the
2003 International Plumbing Code and as further required by this article,
all buildings located within the boundaries of the official Non-Use Aquifer
Exhibit are mandated to connect to the public drinking water system servicing
the area.
(4)
No building permit shall be issued by the Borough 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 sources of water supply sources connected to the building for use
in supplying water to the building, including but not limited to groundwater
services.
C.
Appeals. Any person or persons, or any board, taxpayer,
department or bureau of the Borough aggrieved by any decision of the Borough
official appointed to enforce this article may seek review by the Court of
Common Pleas. Such appeal shall be initiated by filing an appeal within 30
days after the decision has become final.
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 or the
Official Non-Use Aquifer Exhibit, notice shall be given to the public water
supplier.
Duties. The government officer responsible for the issuance of building
permits and enforcement of building codes shall administer and enforce this
article to include any and all matters relating to the establishment, disestablishment,
or amendment of sites to be included within designated non-use aquifer areas.
Those matters shall include but not be limited to the processing of any requests
from remediators or redevelopment authorities, the proposal of amendments
to the Official Non-Use Aquifer Exhibit, and notification of the public water
supplier and the Land Recycling Program Secretary of the Northwest Regional
Office of the PADEP of any changes in status or requirements. This officer
shall be appointed by the governing body of the Borough and shall not hold
any elective office in the Borough. If he finds that any provisions of this
article are being violated, he shall notify, in writing, the person responsible
for such violation, indicating the nature of the violation and ordering the
action necessary to correct it. 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 provision.
A schedule of fees to cover the implementation of this article shall
be established by resolution of Council.
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 situate in a non-use aquifer
area who has violated or permitted the violation of the provisions of this
article shall, upon being found liable therefor in a civil proceeding commenced
by the Borough, pay a judgement of not more than $500, plus all court costs,
including reasonable attorney's fees incurred by the Borough 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's fees collected shall be paid to the Borough.
B.
Nothing contained herein shall be construed or interpreted
to grant to any person or entity other than the Borough the right to commence
any action for enforcement pursuant to this section, nor prevent the Borough
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.
This article shall be effective 30 days after adoption. The Borough
Secretary shall notify the Commonwealth of Pennsylvania Department of Environmental
Protection and the public water supplier of the adoption of this article.
