Ordinance No. _________

AN ORDINANCE BY THE SUPERVISORS OF ROCKLAND TOWNSHIP, VENANGO COUNTY, PENNSYLVANIA, REGULATING LARGE-SCALE WATER WITHDRAWAL WITHIN THE TOWNSHIP

Section 1. Short Title

The name of this Ordinance shall be the "Rockland Township Water Supply Protection Act."

Section 2. Authority

This Ordinance is adopted and enacted pursuant to the authority granted to the Township by all relevant State and Federal laws including, but not limited to, the following:

The provisions of the Second Class Township Code, 53 P.S. section 66501, et seq. which provide among Township responsibilities the duty to protect and preserve the natural resources and human resources; and to promote, protect, and facilitate public health, safety, and welfare.

The provisions of the Second Class Township Code, 53 P.S. section 66601, et seq., which authorize the Township to enact ordinances dealing with the protection of Township residents, health, nuisances, and promotion of public safety.

Section 3. Findings

The Rockland Township Supervisors make the following findings in support of the passage of this Ordinance. The Township finds:

That private wells serving residential and small business uses may be threatened by new uses which propose large scale withdrawals of water from Township water resources;

That water supplies within the Township are limited and should be protected to afford the greatest beneficial use to Township citizens and existing businesses, which depend on current water supplies for their livelihood, health, welfare, and economic production;

That taking steps to ensure clean, wholesome, and adequate water supplies to the residents of the Township is a high priority in protecting the health, safety, and welfare of Township residents;

That, therefore, proponents of any new construction or new use which is likely to result in large-scale water withdrawals should be required to show that those withdrawals will not adversely affect water supplies currently being used by Township citizens and existing businesses in Rockland Township; and that if a proposed new construction or new use will adversely affect water supplies in the Township, such proposed new construction or new use shall be disallowed or discontinued.

Section 4. Definitions

"Adversely affect" or "adversely impact" - Diminution in the quantity or quality of a water supply.

"Large-scale water withdrawal" - Any withdrawal of water from a water source within Rockland Township that consumes more than 5,000 gallons of water per any 24 hour period, or any proposed withdrawal of water from a water source within Rockland Township that is anticipated to consume more than 5,000 gallons of water per any 24 hour period.

"New construction or new use" - Any new land development that results in increased water withdrawal or consumption.

"Ordinance" -- The Rockland Township Water Supply Protection Act.

"Township" -- Rockland Township, including the Rockland Township Supervisors.

"Water Impact Study" -- A comprehensive study performed by two certified hydrologists holding a Ph.D. in the field, which evaluates the impact of proposed new construction or new use on private and public well water supplies within a three mile radius of the proposed new construction or new use. A listing of acceptable hydrologists and firms employing certified hydrologists will be maintained by the Township and will be made available to prospective building permit applicants. The two hydrologists employed by the prospective building permit applicants shall be employed by different firms or independent practices.

"Water Impact Study Report" - A report of professional quality written in plain, understandable English, that describes a Water Impact Study and the findings and/or results of the Study.

"Water supply" - Any source of water that is serving one or more water wells, whether public or private, and any public water system as defined in the Pennsylvania Safe Drinking Water Act, 35 P.S. §721.1, et seq., and the regulations promulgated thereunder.

Section 5. Prohibition against large-scale water withdrawals having an adverse affect on a water supply

No person or entity proposing new construction or new use on real property located within the Township, which will result in large-scale water withdrawals, shall adversely affect private or public well water supplies within a three mile radius of the proposed new construction or new use.

Any large-scale water withdrawal having an adverse affect on a private or public well water supply, and any violation of this Ordinance, is hereby declared to be a public nuisance.

Section 6. Effect on building permit applications

Prior to submitting a building permit application to the Township, any person or entity proposing new construction or new use on real property located within the Township shall first determine the amount of water consumption that such new construction or new use would result in on an average daily basis. In the case of an industrial facility, the water consumption determination shall be based on the facility's maximum operating potential during a 24 hour period.

If a prospective building permit applicant determines that the proposed new construction or new use will result in, or is likely to result in, large-scale water withdrawal, the prospective applicant shall ensure that a Water Impact Study is conducted prior to submitting the building permit application. Following completion of a Water Impact Study, a building permit applicant for new construction or new use shall submit a Water Impact Study Report along with the building permit application at the time the application is submitted.

If the Township Supervisors independently determine that proposed new construction or new use will result in, or is likely to result in, large-scale water withdrawal, the building permit application process shall be suspended until a Water Impact Study is conducted and the applicant submits a Water Impact Study Report to the Township. A Township determination that a Water Impact Study is required shall be promptly communicated to a building permit applicant.

Water Impact Study requirements contained herein shall supersede and toll any mandatory issuance deadlines imposed by other Township ordinances.

Section 7. Water Impact Study and Water Impact Study Report

The Water Impact Study required by this Ordinance shall be conducted by two certified hydrologists holding a Ph.D. in the field, and approved by the Township Supervisors. The costs associated with conducting the Water Impact Study, as well as the costs of preparing and submitting the Water Impact Study Report to accompany a building permit application, shall be borne in their entirety by the prospective applicant for a building permit.

Section 8. Effect of Water Impact Study

If a Water Impact Study Report demonstrates to the Supervisors' satisfaction that the proposed new construction or new use will not have an adverse affect on the water supply of wells within a three mile radius of the proposed new construction or new use, then the Township shall process the building permit application in the normal fashion.

If a Water Impact Study Report demonstrates to the Supervisors' satisfaction that the proposed new construction or new use will have an adverse affect on the water supply of wells within a three mile radius of the proposed new construction or new use, then the Township shall deny the building permit application.

Section 9. Effect of excessive large-scale water withdrawal

If the Township Supervisors determine, during the course of operation of new construction or new use, that a previously productive well fails to yield water as a result of, or is otherwise adversely affected by, large-scale water withdrawal of the new construction or new use, the Township may require the building permittee, the owner/operator of the new construction or new use, and/or the landowner of the property where the new construction or new use is situated, to compensate the adversely affected well owner for the expense of drilling a new well, or otherwise obtaining an adequate replacement supply of potable water. An adequate replacement supply shall be determined by the number of gallons per day which was previously used by the adversely affected well owner.

Nothing in this Section is intended, nor shall be construed, as abridging, limiting, or otherwise affecting any private cause of action that an adversely affected well owner may have. Further, any activity or condition declared to be a public nuisance by this Ordinance shall be abatable in the manner provided by law or equity for the abatement of public nuisances.

Section 10. Injunction against water withdrawal

If the Township Supervisors determine, during the course of operation of new construction or new use, that two or more previously productive wells fail to yield water as a result of, or are otherwise adversely affected by, large-scale water withdrawal related to the new construction or new use, the Township Supervisors shall have the authority to enjoin water withdrawal by the new construction or new use.

Section 11. Public hearing on building permit application

Within 14 days after the submission of a building permit application supported by a Water Impact Study Report, the Township shall conduct a public hearing and receive comments from the public on the proposed new construction or new use. At this public hearing, Township residents shall have an opportunity to submit information in support of, or in opposition to, the Water Impact Study Report submitted by the building permit applicant. The Township shall make copies of the Water Impact Study Report available to the public at least five business days prior to the public hearing.

Section 12. Final action on building permit application supported by Water Impact Study Report

Within 14 days after the public hearing required by Section 11 of this Ordinance, the Township Supervisors shall make a final decision to approve or deny a building permit application supported by a Water Impact Study Report.

Section 13. Revocability of building permit

If the Township Supervisors determine that information contained within the Water Impact Study Report was misleading, factually inaccurate, or that a building permit applicant purposefully omitted essential information which would have altered the final decision made by the Township Supervisors to issue a building permit, the Supervisors shall revoke the building permit and initiate legal action to enjoin the building permittee from continuing with construction or operation of the new construction or new use.

Section 14. Severability

The provisions of this Ordinance are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this Ordinance. It is hereby declared to be the intent of the Supervisors that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.

Section 15. Effective Date

This Ordinance shall be effective immediately upon passage.