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Borough of Catasauqua, PA
Lehigh County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua 1-5-1998 by Ord. No. 1078 (Ch. XVIII, Part 5, of the 1962 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 145.
Stormwater management — See Ch. 225.
Subdivision and land development — See Ch. 235.
Water — See Ch. 265.
Zoning — See Ch. 280.
The Council of the Borough of Catasauqua finds that:
A. 
The ground water underlying the municipality is a major source of its existing and future water supply, including drinking water.
B. 
The ground water aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams which constitute a major source of drinking water for the region.
C. 
Accidental spills and discharges of toxic and hazardous materials may threaten the quality of such ground water supplies and related water resources in the Borough, thereby posing potential public health and safety hazards.
D. 
Unless preventive measures are adopted to control the discharge and storage of toxic and hazardous materials within the municipality, spills and discharges of such materials may tend to occur and with greater frequency and degree of hazard by reason of increasing construction, commercial and industrial development, population and vehicular traffic in the Borough.
E. 
The designation of Wellhead Protection Areas 1, 2 and 3 and careful regulation of land use, physical facilities and other activities within these areas can reduce the potential for ground water contamination.
The purpose of this chapter is to protect the public health, safety and welfare through the preservation of the Borough of Catasauqua's major ground water resources to ensure a future supply of safe and healthful drinking water for the municipality, local residents and employees and the general public.
The Borough is empowered to regulate these activities under the provisions of the Pennsylvania Municipalities Planning Code (MPC) (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
By this chapter, §§ 275-7, 275-8, 275-9, 275-11, 275-12, 275-13 and Appendix A[1] are enacted as amendments to the Borough Zoning Ordinance [Chapter 280]. By this chapter, §§ 275-7, 275-10, 275-13 and Appendix A are enacted as amendments to the Borough Subdivision and Land Development Ordinance [Chapter 235].
[1]
Editor's Note: Appendix A is on file in the Borough offices.
This chapter shall only apply to those areas of the Borough which are located within Wellhead Protection Areas 1, 2 and 3 surrounding a protected public water supply well as delineated on an official map available for inspection at the Borough office. A map of the wellhead protection areas is included in Appendix A for general reference.[1] this chapter regulates the following land uses, physical facilities and activities which have the potential to contaminate ground water:
A. 
Light industry.
B. 
Agricultural operations.
C. 
Sewage disposal.
D. 
Manufacturing.
E. 
Injection wells.
F. 
Storage tanks, underground and aboveground.
G. 
Disposal facilities; solid waste dump sites.
H. 
Sewage sludge land application.
I. 
Subdivisions.
J. 
Land developments.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by other applicable code, rule, act or ordinance.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL OPERATIONS
Those operations which include tilling, cultivation and animal husbandry and which qualify as earthmoving pursuant to DEP Chapter 102 Rules and Regulations.
CARBONATE BEDROCK
Limestone or dolomite rock formations.
CLOSED DEPRESSION
In a karst area, a distinctive bowl-shaped depression in the land surface. It is characterized by internal drainage, varying magnitude and an unbroken ground surface.
CONSERVATION DISTRICT
The Northampton County Conservation District or Lehigh County Conservation District, as applicable.
CONSERVATION PLAN
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.
DEP
The Pennsylvania Department of Environmental Protection.
DETENTION POND
A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate through a defined outlet structure.
ENVIRONMENTAL HAZARD SURVEY FORM
A document authorized by the Pennsylvania Worker and Community Right-to-Know Act 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.
EPA
The Federal Environmental Protection Agency.
FRACTURE TRACE
Linear features in bedrock caused by erosion along fractures or zones of fractures and readily visible on aerial photographs.
GHOST LAKES
Transient surface water bodies formed in sinks and closed depressions after heavy precipitation, due to poor internal drainage. This poor drainage may be due to residual clay remaining after solution of limestone minerals.
HAZARDOUS MATERIAL
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 ground water 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:
A. 
th Act, 29 CFR, Part 1910, Subpart Z - Extremely Hazardous Substance List.
B. 
American Conference of Governmental Industrial Hygienists, Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment (latest edition).
C. 
National Toxicology Program, Annual Report on Carcinogens (latest edition).
D. 
International Agency for Research on Cancer Monographs (latest edition).
E. 
Commonwealth of Pennsylvania, Department of Labor and Industry, Hazardous Substance List (latest edition).
F. 
"Hazardous substances" defined pursuant to § 311 of the Federal Clean Water Act.
G. 
"Toxic materials" defined pursuant to § 307 of the Federal Clean Water Act.
H. 
"Hazardous wastes" defined pursuant to Chapter 75 of DEP Rules and Regulations.
I. 
"Hazardous wastes" defined pursuant to § 101 of the Federal Resource Conservation and Recovery Act.
J. 
"Hazardous substances" defined pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act.
HAZARDOUS SUBSTANCE SURVEY FORM
A document required by the Pennsylvania Worker and Community Right-to-Know Act which provides a listing of all hazardous substances found in the workplace.
KARST
A type of topography characterized by closed depressions or sinkholes, caves, rock pinnacles and underground drainage, resulting from solution of limestone and dolomite bedrock.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
Development in accordance with § 503(1.1) of the Municipalities Planning Code.[1]
LARGE VOLUME SPRAY IRRIGATION SEWAGE DISPOSAL SYSTEM
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 designed for more than 2,000 gallons per day.
LARGE VOLUME SUBSURFACE SEWAGE DISPOSAL SYSTEM
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.
LIGHT INDUSTRY
Industrial, commercial, public or retail establishments which engage in manufacturing, fabrication or service activities and which appear on the following list:
A. 
Herbicide, pesticide and fertilizer products dealers and distributors.
B. 
Mining and quarrying.
C. 
Highway deicing material storage.
D. 
Textile and apparel products.
E. 
Lumber and wood preserving.
F. 
Printing and publishing.
G. 
Chemical products.
H. 
Leather products.
I. 
Mineral products; glass and cement.
J. 
Metal products.
K. 
Machine shops.
L. 
Electronics and electronic equipment.
M. 
Transportation maintenance.
N. 
Scrap trade and metal container recyclers.
O. 
Chemical and petroleum storage and sales.
P. 
Automotive repair, services and related parking.
Q. 
Personal services; laundry; pest control; and photofinishing.
R. 
Repair services; furniture, welding and septage services.
S. 
Amusement and recreation.
T. 
Educational, medical and engineering laboratories.
MANUFACTURING
Industrial establishments which produce primary products from raw materials.
NUTRIENT MANAGEMENT PLAN
A document applicable to agricultural properties which describes the storage, handling and application of fertilizers, including manure, related to agricultural production.
PERSON
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.
PESTICIDE MANAGEMENT PLAN
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.
POLLUTION INCIDENT PREVENTION (PIP) PLAN
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," PADEP, September 1990.
PREPAREDNESS, PREVENTION AND CONTINGENCY (PPC) PLAN
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 and the DEP Hazardous Waste Regulations (Chapters 260-270) 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.
PROFESSIONAL
A person who, by education, experience, certification or licensure, has a demonstrated expertise in a particular field.
PROTECTED PUBLIC WATER SUPPLY WELL
Any well used or intended to be used as a ground water supply source as part of a public water supply system for which wellhead protection areas have been established.
RETENTION POND
A basin designed to retard stormwater runoff, by temporarily storing the runoff, which does not have a defined outlet structure and which empties through a combination of evaporation, transpiration and infiltration.
SARA TITLE III OFF-SITE PLAN
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.
SARA TITLE III TIER I AND TIER II REPORTS
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.
SEWAGE
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 constitutes pollution under the Act of June 22, 1937 (P.L. 1987 No. 394), known as the "Clean Streams Law," as amended.
SEWAGE DISPOSAL SYSTEM
A combination of piping, tanks or other facilities for the collection, conveyance, treatment and disposal of sewage.
SEWAGE ENFORCEMENT OFFICER (SEO)
The official hired by the Borough who issues and reviews sewage system disposal permits and conducts such inspections and investigations as are necessary to implement the provisions of the Pennsylvania Sewage Facilities Act.[2]
SEWAGE SLUDGE
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.
SINKHOLE
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 or by collapse of underlying caves.
SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN
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 plan requirements are virtually the same as for a PIP plan.
SPILL PREVENTION RESPONSE (SPR) PLAN
An environmental emergency response document required by the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for facilities with an aboveground storage tank exceeding a volume of 21,000 gallons. The plan requirements are specified in §§ 902 and 903 of the STSPA. A downstream notification requirement applies to regulated tanks adjacent to surface waters.
STORAGE OF HAZARDOUS MATERIAL
The containment of hazardous material on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of hazardous material in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
STORAGE TANK, ABOVEGROUND
A tank which contains substances as regulated under the Storage Tank and Spill Prevention Act (STSPA) 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.
STORAGE TANK, UNDERGROUND
A tank which contains substances as regulated under the Storage Tank and Spill Prevention Act (STSPA) which meets the following criteria: a tank with 110 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.
SUBDIVISION
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, of lease, partition by the 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.
UNDERGROUND INJECTION WELL
A bored, drilled, driven or dug well for the emplacement of fluids into the ground (except drilling muds and similar materials used in well construction).
WASTE
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.
WELLHEAD PROTECTION AREA 1
Wellhead Zone (WHZ); that area of the land surface within a calculated fixed radius of a protected public water supply well. The fixed radius is determined using a volumetric flow equation with a ninety-day time interval except that the radius is no smaller than 100 feet nor larger than 400 feet.
WELLHEAD PROTECTION AREA 2
Zone of Diversion (ZOD); that area of the land surface which represents the zone of diversion associated with a protected public water supply well. The zone of diversion is that area within which water will be drawn into the well as a result of the design pumping rate for the well.
WELLHEAD PROTECTION AREA 3
Zone of Contribution (ZOC); 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 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
A. 
General requirements. No land use, physical facilities or activity specified in § 275-5 shall occur within Wellhead Protection Areas 1, 2 or 3 except in strict conformance with the provisions of this chapter.
B. 
Wellhead protection areas.
(1) 
Mapping of wellhead protection areas. In order to implement the provisions of this chapter, wellhead protection areas surrounding protected public water supply wells are hereby established. The boundaries of Wellhead Protection Areas 1, 2 and 3 are shown on an official map which is available for inspection at the Borough office. A copy of the official map at a reduced scale is included in Appendix A for general reference.[1] Should any person challenge the boundary of Wellhead Protection Areas 1, 2 or 3, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area. The final boundary to be used will be determined by the Zoning Officer with assistance from the Borough Engineer and/or a professional hydrogeologist, as appropriate.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(2) 
Prohibitions within wellhead protection areas.
(a) 
Wellhead Protection Area 1. Except as provided for in § 275-10, the following land uses, physical facilities and activities are prohibited:
[1] 
Facilities which generate, store, treat or dispose of hazardous material and which are required to maintain a Pollution Incident Prevention (PIP); Spill Prevention Control and Countermeasure (SPCC); Preparedness, Prevention and Contingency (PPC); Spill Prevention Response (SPR) or SARA Title III Off-Site Plan.
[2] 
Herbicide, pesticide and fertilizer products dealers and distributors.
[3] 
Large volume subsurface sewage disposal systems.
[4] 
Large volume spray irrigation sewage disposal systems.
[5] 
Underground injection wells.
[6] 
Aboveground storage tanks, except those in accord with the requirements of § 275-11B.
[7] 
Underground storage tanks.
[8] 
Waste disposal facilities.
[9] 
Land application of sewage sludge.
[10] 
Stormwater retention facilities.
[11] 
Unlined stormwater detention facilities.
[12] 
Operations and/or facilities which are involved with the manufacture, storage or processing of materials which require the use of potential groundwater pollutants for such manufacture or processing and which fall within the following categories unless exempted pursuant to § 275-9D:
[a] 
Herbicide, pesticide and fertilizer products dealers and distributors.
[b] 
Mining and quarrying.
[c] 
Highway deicing material storage.
[d] 
Textile and apparel products.
[e] 
Lumber and wood preserving.
[f] 
Printing and publishing.
[g] 
Chemical products.
[h] 
Leather products.
[i] 
Mineral products; glass and cement.
[j] 
Metal products.
[k] 
Machine shops.
[l] 
Electronics and electronic equipment.
[m] 
Transportation maintenance.
[n] 
Scrap trade and metal container recyclers.
[o] 
Chemical and petroleum storage and sales.
[p] 
Automotive repair, services and related parking.
[q] 
Personal services; laundry, pest control and photofinishing.
[r] 
Repair services; furniture, welding and septage services.
[s] 
Amusement and recreation.
[t] 
Educational, medical and engineering laboratories.
(b) 
Wellhead Protection Area 2. Except as provided for in § 275-9, the following land uses, physical facilities and activities are prohibited:
[1] 
Facilities which generate, store, treat or dispose of hazardous material which are required to maintain a Pollution Incident Prevention (PIP); Spill Prevention Control and Countermeasure (SPCC); Preparedness, Prevention and Contingency (PPC); Spill Prevention Response (SPR) or SARA Title III Off-Site Plan.
[2] 
Herbicide, pesticide and fertilizer products dealers and distributors.
[3] 
Large volume subsurface sewage disposal systems.
[4] 
Large volume spray irrigation sewage disposal systems.
[5] 
Underground injection wells.
[6] 
Aboveground storage tanks.
[7] 
Underground storage tanks, except those in accord with the requirements of § 275-11B.
[8] 
Waste disposal facilities.
[9] 
Land application of sewage sludge.
[10] 
Stormwater retention facilities.
[11] 
Unlined stormwater detention facilities.
(c) 
Wellhead Protection Area 3. Except as provided for in § 275-9, the following land uses, physical facilities and activities are prohibited:
[1] 
Facilities which dispose of hazardous material through land surface or subsurface means including, but not limited to, Class IV injection wells and waste disposal facilities.
A. 
Continuation of existing land uses, physical facilities and activities. Any land use, physical facility or activity prohibited within § 275-8 lawfully in existence within Wellhead Protection Areas 1, 2 or 3 prior to the effective date of this chapter may continue to exist on the parcel upon which it is located so long as it remains in compliance with applicable federal, state and local regulations including the requirements included within § 275-11.
B. 
Existing sewage disposal problems. Notwithstanding the provisions of § 275-8, large volume subsurface sewage disposal systems or large volume spray irrigation sewage disposal systems may be used if necessary to solve sewage disposal problems associated with existing development.
C. 
Public water supply projects. Notwithstanding the provisions of § 275-8, public water supply projects which require the use of chemicals for disinfection or treatment or the above ground storage and use of fuel will be allowed in all wellhead protection areas subject to their approval, construction and operation in accordance with DEP regulations.
D. 
Request for exemption. Notwithstanding the provisions of § 275-8, operations and facilities in all wellhead protection areas may apply to the Catasauqua Zoning Hearing Board for a variance. An applicant for a variance must demonstrate to the satisfaction of the Zoning Hearing Board that there is no potential for contamination due to the nature of the facility or operation as well as meeting the standards for a variance as required by law.
A. 
General requirements. No subdivision or land development shall occur within Wellhead Protection Areas 1, 2 or 3 except in strict conformance with the provisions of this chapter.
B. 
Wellhead protection areas mapping. In order to implement the provisions of this chapter, wellhead protection areas surrounding protected public water supply wells are hereby established. The boundaries of Wellhead Protection Areas 1, 2 and 3 are shown on an official map which is available for inspection at the Borough office. A copy of the official map at a reduced scale is included in Appendix A for general reference.[1] Should any person challenge the boundary of Wellhead Protection Areas 1, 2 or 3, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area. The final boundary to be used will be determined by the Borough with assistance from the Borough Engineer and/or a professional hydrogeologist, as appropriate.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
C. 
Wellhead protection area restrictions.
(1) 
Subdivisions and land developments within Wellhead Protection Areas 1, 2 or 3 for which stormwater management controls are required pursuant to the municipal subdivision and land development ordinance shall be designed consistent with the following:
(a) 
Stormwater retention basins shall be prohibited.
(b) 
Stormwater detention basins shall be designed with an impermeable liner to prohibit the infiltration of impounded water to the subsurface.
(2) 
Subdivisions and land developments within Wellhead Protection Areas 1, 2 or 3 which are proposed for subsurface sewage disposal shall provide a tested and suitable primary absorption area and a tested and suitable secondary absorption area on each lot.
(3) 
Subdivisions and land developments within both wellhead protection areas and carbonate bedrock areas as mapped in Appendix A shall have the following preliminary plan requirements in addition to those requirements of the Borough Subdivision and Land Development Ordinance [Chapter 235]:
(a) 
A recognized professional with competence in the field shall review aerial photographs, soils, geologic and other available related data as the data relates to the subject property. The professional shall also conduct a site inspection of the property.
(b) 
Based on the work required in Subsection C(3)(a), the professional shall prepare a map of the site showing all karst features or feature indicators. The mapping shall indicate, but shall not be limited to, the following:
[1] 
Closed depressions.
[2] 
Open sinkholes.
[3] 
Seasonal high water table indicators.
[4] 
Outcrops of bedrock.
[5] 
Unplowed areas in plowed fields.
[6] 
Surface drainage into ground.
[7] 
"Ghost lakes" after rainfall.
[8] 
Lineaments and faults.
[9] 
Limonite excavations and quarries.
[10] 
Geologic contacts.
(c) 
Based upon the work performed in Subsection C(3)(a) and (b), the professional shall determine what further testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection C(4). Testing methodology shall be reasonable under the circumstances, including the scale of the proposed development, and the hazards revealed by examination of available data and site inspection.
(d) 
The applicant shall cause the additional testing established in Subsection C(3)(c) to be done. A study report shall be submitted and referred to the municipal engineer. This study shall include a map of the area, all test results and a recommendation on the mitigating measures to be taken to meet the standards of Subsection C(4).
(e) 
The Borough Engineer shall report to the Planning Commission, with a copy to the landowner, his or her opinion as to the adequacy of the study and as to the capability of the site to support the proposed development in a manner in which the risks attendant to the development in carbonate areas are either eliminated or minimized. Recommendations for site development including stormwater management, the layout of utility lines, grading and building location may be included. Additional studies or testing as deemed necessary by the municipal engineer in order to produce an adequate study given the scale of the proposed development and the hazards revealed may be required of the applicant.
(4) 
Subdivision and land developments within both wellhead protection areas and carbonate bedrock areas as mapped in Appendix A[2] shall have the following design requirements:
(a) 
All buildings, structures, impervious surfaces and utilities shall be so situated, designated and constructed as to minimize the risk of new sinkhole formation and of the accelerated introduction of contaminants and pollution into the wellhead protection area through existing or future sinkholes.
(b) 
Buildings, structures, impervious surfaces and utilities shall not be located within 100 feet of the karst features identified pursuant to Subsection C unless a recognized professional with competence in the field demonstrates that a minimal risk of sinkhole formation or enlargement will exist, or mitigating measures are taken to minimize the risk of sinkhole formation or enlargement. These mitigating measures shall be designed by a recognized professional with competence in the field.
(c) 
Stormwater management facilities including, but not limited to, detention basins, shall not be located within 100 feet of the karst features identified pursuant to Subsection C(3) unless a recognized professional with competence in the field demonstrates that a minimal risk of sinkhole formation or enlargement will exist, or mitigating measures are taken to minimize the risk of sinkhole formation or enlargement. These measures shall be designed by a recognized professional with competence in the field.
(d) 
Regrading shall not alter drainage patterns unless a recognized professional with competence in the field demonstrates that a minimal risk of sinkhole formation or enlargement will exist, or mitigating measures are taken to minimize the risk of sinkhole formation of enlargement. These mitigating measures shall be designed by a recognized professional with competence in the field.
(e) 
Stormwater shall not be redirected into a sinkhole.
[2]
Editor's Note: Appendix A is on file in the Borough offices.
A. 
General requirements. No land use, physical or activity specified in § 275-5 shall occur within Wellhead Protection Areas 1, 2 or 3 except in strict conformance with the requirements of this section.
B. 
Wellhead protection area requirements. The following land uses, physical facilities and activities, located within Wellhead Protection Areas 1, 2 or 3, which are specifically allowed in §§ 275-8 and 275-9 of this chapter, shall meet the following conditions:
Land Use, Physical Facility or Activity
Conditions
1. Facilities which generate, store, treat or dispose of hazardous material which are required to maintain a Pollution Incident Prevention (PIP); Spill Prevention Control and Countermeasure (SPCC); Preparedness, Prevention and Contingency (PPC); Spill Prevention Response (SPR); or SARA Title III Off-Site Plan.
(a) A current PIP, SPCC, PPC, SPR or SARA Title III Off-Site Plan must be filed with the Borough.
(b) A current Hazardous Substance Survey Form, Environmental Hazard Survey Form and SARA Title III Tier I and Tier II Report must be filed with the Borough.
2. Herbicide, pesticide and fertilizer products dealers and distributors
(a) At minimum, a current plan meeting the requirements of a PIP plan must be filed with the Borough.
(b) A current Hazardous Substance Survey Form, Environmental Hazard Survey Form and SARA Title III Tier I and Tier II report must be filed with the Borough.
3. Large volume subsurface sewage disposal system and large volume spray irrigation sewage disposal systems.
(a) A current permit from the Department of Environmental Protection must be filed with the Borough.
(b) DEP required water quality monitoring reports must be filed with the Borough.
4. Underground Injection Wells (Classes I, II, III and V)
(a) A current registration from the Environmental Protection Agency must be filed with the Borough.
5. Aboveground storage tanks and underground storage tanks.
(a) A current registration from the Department of Environmental Protection must be filed with the Borough.
(b) Shall comply with DEP regulations which are enacted in response to the Storage Tank and Spill Prevention Act of 1989.
6. Waste Disposal Facilities
(a) A current permit from the Department of Environmental Protection must be filed with the Borough.
(b) A current PPC plan, if required for the facility by DEP regulations, must be filed with the Borough.
(c) DEP required water quality monitoring reports must be filed with the Borough.
(d) DEP required water pollution abatement plans must be filed with the Borough.
7. Sewage Sludge Land Application
(a) A current permit from the Department of Environmental Protection must be filed with the Borough.
(b) Sewage sludge tests associated with the permit application must be filed with the Borough.
(c) DEP required water quality monitoring reports must be filed with the Borough.
8. Agricultural Operations
(a) The Conservation Plan prepared according to Chapter 102 of DEP regulations must include a Pesticide Management Plan and a Nutrient Management Plan.
(b) Within areas of carbonate bedrock as delineated in Appendix A, the Conservation Plan prepared according to Chapter 102 of DEP Regulations must include the identification of sinkholes and a mitigation plan.
9. Sewage Disposal Facilities
(a) Sewage disposal facilities must be operated and maintained to prevent discharge of untreated or partially treated sewage to surface or ground waters.
(b) On-lot sewage disposal systems must be inspected by the Sewage Enforcement Officer (SEO) and any necessary repairs or maintenance must be performed prior to the expansion or conversion of the land use served.
(c) On-lot sewage disposal systems must be inspected by the Sewage Enforcement Officer and any necessary repairs or maintenance must be performed prior to transfer of property ownership.
10. Lined Stormwater Detention Facilities
(a) The facility shall provide the degree of impermeability required by the Borough Engineer.
A. 
Municipal inspections.
(1) 
The Borough Engineer or his designee shall be authorized to inspect the following facilities located within Wellhead Protection Areas 1, 2 or 3 for purposes of determining compliance with this chapter and any federal or state permit or regulation requirements upon direction by the Borough Council:
(a) 
Facilities with PIP, SPCC, PPC, SPR or SARA Title III Off-Site Plans.
(b) 
Herbicide, pesticide and fertilizer products dealers and distributors.
(c) 
Large volume subsurface sewage disposal systems.
(d) 
Large volume spray irrigation sewage disposal systems.
(e) 
Underground and aboveground storage tanks.
(f) 
Underground injection wells.
(g) 
Waste disposal facilities.
(h) 
Sewage sludge land application sites.
(i) 
Other industrial and commercial facilities.
(2) 
The schedule of inspections shall be determined by the Borough for each type of facility. Inspectors shall be responsible for reporting any violations to the Borough. The Borough may inform DEP or EPA, as appropriate, of any possible violations of their regulations for the purpose of follow-up actions by those agencies.
B. 
Inspections by the County Conservation District. The County Conservation District shall be authorized to perform monthly inspection of the following activities located within Wellhead Protection Areas 1, 2 or 3:
(1) 
Agricultural operations covered by a conservation plan under Chapter 102 of DEP regulations.
(2) 
Earthmoving activities covered by an erosion and sedimentation plan under Chapter 102 of DEP regulations.
C. 
Right-of-entry. Upon presentation of the proper credentials and execution of release/waiver of claims, duly authorized representatives of the Borough may enter at reasonable times upon any property within a wellhead protection area to investigate or ascertain whether the requirements of this chapter are being met.
The attached map depicting Wellhead Protection Areas 1, 2 and 3 and the carbonate bedrock areas is declared to be a part of this chapter as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Borough offices.
[Amended 4-1-2013 by Ord. No. 1288]
Anyone violating the terms and conditions of this chapter is guilty of a summary offense which is punishable by a fine of up to $300 or imprisonment of up to 90 days. Each day for each individual violation shall be considered a separate and distinct offense. Nothing contained herein shall be construed to prohibit the Borough from taking any other legal remedies necessary to enforce the terms and conditions of this chapter including civil actions and/or injunctive relief. Any person violating the terms and conditions of this chapter causing damage to the Borough's wells or public water supply shall be responsible for the full cost of remediation of said problem. Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.