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C. Exceptions
1. Any of the facilities identified in Part 2B lawfully in existence within the wellhead protection areas prior to the effective date of this Part may continue to exist on the parcel upon which it is located subject to meeting existing Federal, State, and local regulations including the requirements described in Part 2E.
2. Waivers to the provisions of this Part may be granted by the Board of Supervisors in its sole discretion for good cause shown by the property owner that compliance with this Part will create an undue hardship that cannot be remedied by any other reasonable alteration.
(Ord. 2004-14, 6/28/2004, § 1)
D. Design Standards
1. The following design standards apply to the construction of new industrial, commercial, and manufacturing facilities:
A. Facilities which store, process, convey, and/or contain hazardous materials shall be designed in such a manner to prevent discharges of hazardous materials to the environment and meet applicable regulatory requirements (i.e., Occupational Safety and Health Agency (OSHA) standards, Building and Fire Codes, National Institute of Occupational Safety and Health (MOSA) standards, EPA and DEP requirements, etc.).
B. Hazardous materials storage areas shall be fire-proof containment structures capable of containing 110% of the volume of the largest storage container.
C. No on-site floor drains shall be permitted.
D. Outside storage of hazardous materials in drums shall not be permitted.
E. Dry material storage areas shall not be permitted.
F. On-site disposal of wastewater shall not be permitted.
G. The operating requirements described in § 26-241 shall be applicable for the operation of new facilities.
H. All hazardous material storage and use areas shall be surrounded by an approved spill containment structure.
(Ord. 2004-14, 6/28/2004, § 1)
1. The following design standards apply to the construction of new underground storage tanks storing more than 110 gallons of hazardous materials, excluding heating oil tanks of 3,000 gallons or less used by homes or businesses:
A. The design and construction of underground storage facilities shall be in accordance with applicable Federal and State requirements, including the Pennsylvania Underground Storage Act, Pennsylvania Storage Tank and Spill Prevention Act, and the rules and regulations of PA DEP.
B. The tank shall be constructed of fiberglass-reinforced plastic, coated and cathodically protected steel, or fiberglass-reinforced plastic composite.
C. The tank and associated tank piping shall provide for secondary containment for release detection purposes which may include double-walled tanks and piping, a concrete vault in which the tank and piping is placed, or an impermeable liner in the excavation zone in which the tank and piping is placed.
D. The tank shall be equipped with spill and overfill prevention equipment and an approved leak detection system.
E. The tank must be installed by a PA DEP certified installer.
F. The Operating Requirements described in § 26-242 shall be applicable for the operation of new underground storage tanks.
(Ord. 2004-14, 6/28/2004, § 2)
1. The following design standards apply to the construction of new aboveground storage tanks of 250 gallons or more of hazardous materials, excluding farm and municipal tanks holding motor fuel of 1,100 gallons or less and heating oil tanks used to heat homes or businesses:
A. The design and construction of aboveground storage tanks shall be in accordance with applicable Federal and State regulations.
B. Aboveground storage tanks shall be provided containment facilities which meet the following design requirements:
(1) The containment device shall be large enough to contain 110% of the volume of the tank, in cases where a single tank is used to store, handle, use or produce a hazardous material. In cases where multiple tanks are used, the containment device shall be large enough to contain 110% of the volume of the two largest tanks.
(2) All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material and shall be capable of containing any accidental release for at least a period sufficient to allow detection and removal of the material. Provisions shall be made for monitoring, testing, and immediate removal of accumulated precipitation.
C. The design of the tank shall meet applicable technical standards for the specific type and class of tank as set forth in the applicable underwriters Laboratory Standards No. 142 by the American Petroleum Institute (API), by the American Water Works Association (AWWA), or by the Society of Mechanical Engineers (ASNIE). The tanks shall be fabricated, tested, and installed in accordance with the appropriate codes and standards applicable to the material to be stored therein.
D. The tank shall be designed with monitoring standards consistent with the manufacturer's specifications.
E. The tank shall be tested as required by Federal and State codes and standards.
F. The tank and containment area shall be protected by a security fence.
G. The Operating Requirements described in § 26-242 shall be applicable for the operation of new aboveground storage tanks.
(Ord. 2004-14, 6/28/2004, § 3)
E. Operating Requirements
1. The following operating requirements apply to industrial, commercial, and manufacturing facilities:
A. Owners of facilities shall apply to the Dover Township Board of Supervisors for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Part or within 90 days before starting operation of a new facility. All permits shall be renewed annually thereafter. The permit application shall contain:
(1) A list of all hazardous materials, including their quantities, which are stored, handled, used, or produced at the facility being permitted. This information should be consistent with public disclosure and reporting requirements in the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III.
(2) A detailed description of the activities conducted at the facility that involve the storage, handling, use, and/or production of hazardous materials. Included with this information shall be a description of the containment structures for hazardous material storage.
(3) A detailed description of disposal procedures for hazardous materials and wastes and name, address, and telephone number of any waste haulers used.
(4) A site map showing the location of the facility and its property boundaries and the locations where hazardous substances are stored, handled, used, and produced.
(5) A Preparedness, Prevention, and Contingency (PPC) Plan consistent with applicable PA DEP guidelines and requirements which include procedures to be followed to prevent, control, collect, and dispose of any accidental spill or unauthorized release of a hazardous material.
(6) An environmental audit identifying areas of non-compliance with existing Federal, State, and local regulations concerning groundwater protection. A discussion of the plans to address areas of non-compliance must be included as part of the audit.
(7) Prepare Best Management Practices (BMPs) and procedures for the daily inhouse inspection and maintenance of areas where hazardous materials are stored, handled, used, and/or produced. Such procedures shall be in writing and a log shall be kept of all inspection and maintenance activities. Such logs shall be available for inspection by Township personnel.
(8) Provide a copy of EPA/PA DEP Joint Stormwater NPDES permit or describe plans for complying with Federal, State, and local stormwater regulations.
(9) Provide a description of security measures in effect to prevent unauthorized access to any toxic materials.
(Ord. 2004-14, 6/28/2004, § 1)
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