[HISTORY: Adopted by the Town Council of the Town of Greenville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-2022 by Ord. No. 1621[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 231 but was
renumbered to maintain the organizational structure of the Code.
This article shall be known as the "Non-Use Aquifer Ordinance
of the Town of Greenville, Pennsylvania," in accordance with and exercising
the authority of the Pennsylvania Land Recycling and Environmental
Remediation Standards Act (Act 2 of 1995),[1] 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, 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 for any purposes within the Non-Use Aquifer Area as
specified by the Town of Greenville and indicated by the map shown
in attached Figure 1.
[1]
Editor's Note: See 35 P.S. § 6026.101 et seq.
This article shall have as its general purposes: to establish
the prohibition of groundwater use for any purpose within the specified
zone on the attached Figure 1 within the Town of Greenville; to require
all properties in the specified area of the Town of Greenville to
connect to a community water supply; to require that any existing
groundwater wells within the specified area of the Town of Greenville
be decommissioned; to promote, protect, and facilitate public health,
safety, and welfare of the general public within the Town of Greenville
by applying appropriate procedures to implement and regulate the above
purposes.
The Pennsylvania Land Recycling and Environmental Remediation
Standards Act (Act 2 of 1995),[1] 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.
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 consider its current and future use. The Act
does not require that every site be returned to a pristine condition.
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.
Accordingly, the Pennsylvania Department of Environmental Protection
has established its Land Recycling Program, which provides background
information and guidance relative to the remediation of sites possessing
contaminated groundwater. The Act 2 program provides options available
to the remediator of those sites and options and responsibilities
of the municipalities and authorities having jurisdictional control
over those sites. 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
any purposes. This option, which is known as "request for certification
of a non-use aquifer area initiated by a local government," 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 250.303(c) (i.e., non-use aquifers are conditions)
where no specific property to be remediated has been identified. These
conditions are based on Section 250.303(f) of Act 2 of 1995, which
requires an ordinance prohibiting groundwater use for any purposes,
and requires every property to be connected to the public water supply.
[1]
Editor's Note: See 35 P.S. § 6026.101 et seq.
This article does not intend to repeal, abrogate, annul or interfere
with any existing ordinances or enactments 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.
A.
Rules of construction. For the purpose of this article, certain terms
or words used herein are defined as follows, using these rules of
construction:
B.
AQUIFER
CLEANUP or REMEDIATION
CONTROL
DECOMMISIONED
GROUNDWATER
MUNICIPALITY
SITE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A geological formation, group of formations, or part of a
formation capable of a sustainable yield of a 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,
to protect the present or future health, safety, and welfare of 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.
To render the groundwater well unusable for supplying water
by the removal of any and all surface and subsurface connections and
filling of the well from the bottom of the borehole to the surface
with a sealant as described in Appendix A of the Land Recycling Program
Technical Guidance Manual (Document No. 261-0300-101).
Water below the land surface in a zone of saturation.
A township, borough, city, 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 is
necessary for the implementation of remediation activities to be conducted
under Pennsylvania Act 2 of 1995.[1]
[1]
Editor's Note: See 35 P.S. § 6026.101 et seq.
A.
Restrictions. All real estate located within the boundaries of the
Non-Use Aquifer Area, as indicated by the attached Figure 1, within
the Town of Greenville shall be subject to the following restrictions:
(1)
As indicated by the attached Figure 1, all buildings located within
the boundaries of the Non-Use Aquifer Area are mandated to connect
to the public drinking water system servicing the area.
(2)
All groundwater wells located on properties within the Non-Use Area
shall be decommissioned, at the expense of the owner, in accordance
with all applicable laws, regulations and ordinances within 120 days
of the adoption of this article.
(3)
The Town shall issue no building permit without verification of public
drinking water service available to any building within the area identified
by the attached Figure 1.
(4)
No building may be occupied without verification that the building
has connected to the public drinking water system and there are no
other water supply sources connected to the building for use in supplying
water for any purpose to the building, including, but not limited
to, groundwater sources, within the area identified by the attached
Figure 1.
(5)
No well or spring located on a property shall be used as a groundwater
source for any purposes within the area identified by the attached
Figure 1.
(6)
No owner, lessee, or another person shall use any groundwater source
for any purposes within the area identified by the attached Figure
1.
B.
Appeals. Any person or persons, or any board, taxpayer, department,
or bureau of the Town, aggrieved by any decision of the Town official
appointed to enforce this article may seek review by the Court of
Common Pleas pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
This article may only be amended in accordance with the requirements
set forth hereinafter:
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. Upon adoption
of any amendment to this article, notice shall be given to the public
water supplier.
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
of groundwater use for any purpose in the designated area identified
in the attached Figure 1 in the Town of Greenville, 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 provisions
of this article are being violated, notice shall be given, in writing,
to the person responsible, and they 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.
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 designated
area identified in the attached Figure 1 in the Town of Greenville
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 Town, pay a judgment of not less than $200 nor more
than $1,000, plus all court costs, including reasonable attorney fees
incurred by the Town 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 before being charged. All
judgments, costs, and reasonable attorney fees collected shall be
paid to the Town. Nothing contained herein shall be construed or interpreted
to grant to any person or entity other than the Town the right to
commence any action for enforcement pursuant to this section, nor
prevent the Town 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. In addition, an action may be instituted
to compel a user within the designated area identified in the attached
Figure 1 to cease using the well or spring for any purposes.
Nothing in this article hereby adopted shall be construed to affect any suit or proceeding pending in court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 530-4 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
The provisions of this article are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
This article shall be incorporated in the Greenville Town Code
of Ordinances, and all other ordinances or parts thereof inconsistent
with the provisions of this article shall be and are hereby repealed.
This article shall become effective 30 days after passage and
signing of Greenville Town Council.
