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1. Appeals from decisions made under this Part 1K shall be made to the Board in writing within 15 days from the date of the authorized agent's decision in question.
2. The appellant shall be entitled to a hearing before the Board at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township.
3. The Local Agency Law shall govern the procedures for an appeal.
(Ord. 2005-05, 10/10/2005, § 10)
Any person who shall violate or fail to comply with any provision of this Part1K shall, upon conviction thereof by a summary proceeding action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $100, nor more than $1,000, plus all court costs, or imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. Each day's continuance of a violation of this Part 1K shall constitute a separate offense.
(Ord. 2005-05, 10/10/2005, § 11)
The provisions of this Part 1K, so far as they are the same as those of ordinances in force immediately prior to the enactment of this Part 1K, are intended as a continuation of such ordinances and not as new enactments. Provisions of this Part 1K shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance.
(Ord. 2005-05, 10/10/2005, § 12)
Part 2
Public Wellhead Protection Areas
Public Wellhead Protection Areas
A. General
The purpose of this Part is to avoid potential contamination risks of drinking water by establishing source prohibitions, design standards, operating requirements, and permitting requirements of certain land uses, facilities, and activities which involve a reasonable likelihood of discharges of pollutants into or upon surface areas which recharge public water supply wells owned by the Township. The requirements of this Section comply with § 1428 of the Federal Safe Drinking Water Act Amendments of 1986 which establishes a legal framework to protect wellhead areas of public water supply wells, wellfields, and springs from sources of contamination. The Township finds that the land uses, facilities, and activities identified in this Part represent a reasonable likelihood of discharges of pollutants and that the land use controls and other measures in this Part are necessary to avoid contamination risks of the Township's water supply and to protect the health and well-being of residents and businesses in the Township.
(Ord. 2004-14, 6/28/2004, § 1)
Approved - approved by the Construction Code Official.
Best management practices (BMP’s) - a set of standard operating procedures that can be used in a particular industry or commercial activity to limit the threat of groundwater contamination posed by ongoing processes.
CAFO - concentrated animal feeding operation.
Containment device - a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.
DEP - the Pennsylvania Department of Environmental Protection.
Environmental audit - an evaluation performed by a qualified professional of a facility's compliance with existing federal, state, and local regulations.
EPA - the United States Environmental Protection Agency.
EPA/DEP Joint Stormwater NPDES Permit - a permit meeting the requirements of 40 CFR, Parts 122, 123, and 124, National Pollutant Discharge Elimination System Permit Application Regulations for Storm Water Discharges, issued by EPA on November 16, 1990.
Hazardous materials - any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant actual or potential hazard to water supplies, or other hazards to human health, if such substance or mixture were discharged to land or waters of the Township. Hazardous materials include, without limitation, organic and inorganic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, petroleum solvents, thinners, and fertilizers.
Nutrient/manure management plan - a plan prepared by a qualified professional establishing application rates for manure/fertilizers on agricultural lands to achieve a proper balance of nutrients and minimize nutrient contamination of groundwater.
On-site floor drains - drains which are not connected to municipal sewer or stormwater systems and discharge directly to the ground or septic system.
Owner - a property owner or his duly authorized agent or attorney, a purchaser, devisee, fiduciary, lessee, and any other person having vested or contingent interest in the property of question.
PA DEP - the Pennsylvania Department of Environmental Protection.
Person - any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant or any other entity whatsoever or any combination as such, jointly or severally.
Preparedness, prevention, and contingency (PPC) plan - a plan prepared by a qualified professional meeting the requirements of the PA DEP "Guidelines for the Development and Implementation of PPC Plans."
Rules and regulations of PA DEP - official guidance publications of the PA DEP with standards and requirements for protection of groundwater resources.
Soil conservation plans - a plan prepared by a qualified professional to manage surface runoff and control erosion through the best available farming practices on agricultural land.
Spill prevention and response plan - a plan prepared by a qualified professional describing procedures to clean up a spill of hazardous materials consistent with the requirements described in § 901 of the Pennsylvania Storage Tank and Spill Prevention Act.
Wellhead protection area - the surface and subsurface area surrounding a water well or wellfield supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water well or wellfield.
Wellhead protection area operating permit - an authorization from Dover Township to operate a regulated land use, facility, and/or activity in a wellhead protection area which could be potentially detrimental to ground water quality.
(Ord. 2004-14, 6/28/2004, § 2)
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