[Ord. 2010-3, 5/5/2010, § 1]
1.
The purpose of this Part 1B is to protect and sustain the on-lot
and community wells from various waste including commercial, industrial
or institutional waste products or contaminants that may from time
to time be disposed of within Shrewsbury Township.
2.
This Part 1B is enacted pursuant to the authority contained in the
Constitution of the Commonwealth of Pennsylvania and the Second Class
Township Code, 53 P.S. § 67603 et seq., as amended, which
provisions authorize the Township to enact ordinances regulating (A)
health, safety, morals, general welfare and cleanliness and the beauty,
convenience, comfort and safety of the Township and (B) to provide
a supply of water and to make regulations for the protection of the
pipes, reservoirs and other constructions or apparatus, and the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, which provisions
authorize the Township to enact ordinances regulating development
and land uses to (1) ensure the public health and safety, (2) provide
a safe, reliable and adequate water supply, and (3) preserve natural
values and aquifers.
[Ord. 2010-3, 5/5/2010, § 2]
Waste emanating from business establishments such as, but
not limited to, stores, markets, office buildings, restaurants, shopping
centers, and theaters.
Waste generated from an industrial operation; such as, but
not limited to, manufacturing and waste processing facilities.
Waste generated at institutions such as, but not limited
to, hospitals, schools, libraries, and prisons, etc.
An untreated, pretreated, partially treated or otherwise
treated byproduct or residual material of a liquid, slurry, sludge
or solid state nature generated from a commercial, industrial, institutional
or waste processing facility.
[Ord. 2010-3, 5/5/2010, § 3]
Thirty days prior to the disposal of any commercial, industrial
or institutional waste material within Shrewsbury Township, the landowner
or waste disposal entity shall submit the information required in
paragraphs .A, .B and .C below, as prepared by a licensed professional
hydrogeologist, to the Shrewsbury Township Board of Supervisors for
their review and written approval prior to any land disposal. Prior
to any approval a zoning permit shall be obtained from the Shrewsbury
Township Codes Enforcement Officer (CEO) verifying that the proposed
use is permitted by the Shrewsbury Township Zoning Ordinance or other
Township ordinances.
A.
Locate all existing wells on adjacent parcels.
B.
Delineate Wellhead Protection Zones 1, 2 and 3 for each well where
Zone 1 represents a protective zone immediately surrounding the private
or community well, which shall be a radial distance calculated on
the basis of the specific characteristics of the respective well;
Zone 2 shall be the area determined to be the zone of groundwater
contribution to the well; and Zone 3 shall be delineated as the area
that directly contributes surface and groundwater to Zone 2.
C.
The Wellhead Protection Zone(s) shall be depicted on a plat of the
parcel(s) at a scale of one inch equals 50 feet and shall be field
identified by stakes placed on fifty-foot centers prior to any disposal
on the subject parcel(s).
[Ord. 2010-3, 5/5/2010, § 4]
No person, corporation or other entity shall dispose of any
commercial, industrial or institutional waste material or any contaminated
material, whatever its origin, within the three zones collectively
constituting a Wellhead Protection Zone.
[Ord. 2010-3, 5/5/2010, § 5]
For the purpose of preventing violations of this Part 1B and
enforcing the provisions of this Part 1B, the Township shall have
available to it the same preventive and enforcement remedies, including
the use of civil actions, as are set forth in the Zoning Ordinance
of the Township in effect from time to time. In addition, the Codes
Enforcement Officer of the Township is authorized to issue cease and
desist orders whenever such Zoning Enforcement Officer becomes aware
of violations of this Part 1B. The Codes Enforcement Officer is authorized
to issue enforcement notices with respect to violations of this Part
1B, such enforcement notices to be issued in accordance with the enforcement
notice provisions of the Zoning Ordinance of the Township in effect
from time to time. Finally, Shrewsbury Township may seek equitable
relief, including a temporary restraining order, preliminary and/or
permanent injunction, to prevent any action that it reasonably believes
may constitute irreparable harm to the water sources within Shrewsbury
Township. Such equitable relief shall be obtained without posting
a bond. When invoking the preventative or enforcement remedies to
this Part 1B, Township shall be entitled to recover all costs incurred,
including, but not limited to, attorney's fees, costs of suit and
inspection or investigation fees.
[Ord. 2010-3, 5/5/2010, § 6]
1.
Conflicts. Whenever there is a difference between any of the minimum
standards specified in this Part 1B and any standard included in any
other ordinance, law or regulation of the Township, the more stringent
requirement shall apply. The provisions of this Part 1B shall be deemed
to be supplementary and in addition to the provisions of the Zoning
Ordinance and Subdivision and Land Development Ordinance of the Township
as each is in effect from time to time.
