Loading...
1. It shall be the responsibility of Dover Township to review wellhead protection area operating permit applications for compliance with this Part.
2. The Township shall have the power to issue and deny permits.
3. On an annual basis, the Township shall review all existing operating permits for compliance with this Part.
4. When a hazardous material spill report is received, the Township shall review the operating permit for the facility.
(Ord. 2004-14, 6/28/2004, § 2)
In the event there is a change of ownership, a new lease, or an assignment of a lease, sublease, or any other change in regard to the person owning the facility, Dover Township shall be notified. Upon payment of the appropriate fee and completion of processing of an application by the Township, the operating permit shall be transferred.
(Ord. 2004-14, 6/28/2004, § 3)
The operating permit shall be a legally binding agreement between the Township Board of Supervisors and an owner and shall provide that the Board of Supervisors or its authorized representative shall have the right to:
A. Inspect the facilities and property at any mutually time.
B. Require the owner of a facility to take corrective measures to prevent potential contamination of groundwater and assign the owner reasonable time periods for any necessary action.
C. Require the owner of the facility to take immediate corrective measures to prevent imminent contamination of groundwater.
(Ord. 2004-14, 6/28/2004, § 4)
1. The Township Zoning Officer is authorized to issue cease and desist orders whenever he/she becomes aware of violations of this Part.
2. If an owner continues to operate without an operating permit as required by this Part, the Board of Supervisors has the election of remedies to file an action for injunctive relief in the York County Court of Common Pleas, or may bring a summary offense enforcement action before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof, a violator shall be subject to a criminal fine not to exceed $1,000 per violation plus costs, to a term of imprisonment to the extent allowed by law for the punishment of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each Section of this Code or other ordinance which is found to have been violated. [Ord. 2005-08]
3. All costs for abatement incurred by the Dover Township Board of Supervisors including attorney's fees shall be paid by an owner operating in violation of the provisions of this Part or the operating permit.
(Ord. 2004-14, 6/28/2004, § 5; as amended by Ord. 2005-08, 10/24/2005)
1. Whenever it is determined that there is a violation of this Part, the notice of violation issued shall:
A. Specify the violation or violations in writing.
B. Specify the length of time available to correct the violation.
C. Clearly state any enforcement actions which could be taken if the violation is not corrected.
3. Specify that legal fees will be assessed as part of any enforcement action taken.
(Ord. 2004-14, 6/28/2004, § 6)
H. Public Education
1. Dover Township shall provide for ongoing dissemination of information regarding the wellhead protection program and educate the citizens of the Township on their responsibilities to comply with the program requirements. The following shall be included as part of this program:
A. Develop informational literature including pamphlets, brochures, and newsletters describing the requirements of this program.
B. Provide and maintain signs along roadways and in housing developments identifying the Township's wellhead protection areas.
C. Periodic mailings of education literature on groundwater protection issues.
(Ord. 2004-14, 6/28/2004, § 1)
I. Contingency and Emergency Response Planning
Loading...