Township of Mount Joy, PA
Adams County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 12-4-2014 by Ord. No. 2014-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Septic systems — See Ch. 68.
Sewers — See Ch. 69.
Subdivision and land development — See Ch. 86.
[1]
Editor’s Note: This ordinance also repealed former Ch. 107, Wells, adopted 4-7-2011.

§ 107-1 Purpose.

The purpose of this chapter is to ensure and protect the quality and suitability of individual water supply systems; to require an application, permit and inspection for and of the construction of individual and other water supply (other than public water supply) systems and wells, geothermal wells, boreholes, production wells, test wells and monitoring wells; to establish minimum construction and location standards for these systems and wells, including their location, installation, reconstruction, replacement, alteration, modification, reactivation, or abandonment; and to provide for waivers from the requirements of this chapter.

§ 107-2 Enabling authority.

This chapter is enacted pursuant to the enabling authority of the Second Class Township Code, 53 P.S. §§ 1506 and 1517.

§ 107-3 Applicability.

A. 
This chapter applies to all wells and boreholes as defined herein, excepting a public water system, including new wells and boreholes; alterations to an existing well or borehole; and any well or borehole which has not been completed, is not in operation, is not in operable condition, or is not abandoned as of the effective date of this chapter, except as provided below.
B. 
This chapter shall not apply to:
(1) 
Normal maintenance and minor repairs to keep an existing well in proper working order.
(2) 
Water supply systems defined by the Pennsylvania Department of Environmental Protection (DEP) as "public water systems."
C. 
Horizontal geothermal systems constructed in pits, trenches, ditches, or in horizontal directional borings are exempt from this chapter.
D. 
Open loop geothermal systems are prohibited.

§ 107-4 Regulations.

A. 
The Board of Supervisors is hereby authorized and empowered to adopt by resolution such regulations concerning well drilling which it may deem necessary from time to time to effectuate the purposes herein.
B. 
All such regulations adopted by the Board of Supervisors shall be in conformity with the provisions herein, all other ordinances of the Township, all applicable laws, and all applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

§ 107-5 Fees and charges.

The Board of Supervisors shall have the right and power to fix, charge, and collect fees, assessments and other charges in the municipality as adopted from time to time by resolution of the Board of Supervisors.

§ 107-6 Definitions.

The following words and terms when used in this chapter shall have the following meaning unless the context specifically and clearly indicates otherwise:
ABANDONED SUPPLY
A supply, the regular use of which has been discontinued for a period of one year or more, or which is in such a state of disrepair that continued use for the purpose of obtaining groundwater is impracticable, or which has been replaced by a new well or public water supply.
ALTERATION
Any action which necessitates entering a well with drilling tools; treating a well to increase yield; altering the physical structural depth of the well; blasting; removal or replacement of well casing.
ANNULAR SPACE
The space between two cylindrical objects, one of which surrounds the other, such as the space between a drill hold and a casing pipe and a liner pipe.
ANSI
American National Standards Institute.
API
American Petroleum Institute.
AQUIFER
A geological formation that contains and transmits water.
ASTM
American Society for Testing Materials.
AWWA
American Water Works Association.
BACK SIPHONAGE
The flowing back of used, contaminated or polluted water from a plumbing fixture or vessel or other sources into a potable water supply pipe due to negative pressure in such pipe.
BORING/BOREHOLE
A penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed and which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration.
CASING
An impervious durable pipe placed in a well to prevent the walls from caving and to seal off surface drainage or undesirable water, gas or other fluids and prevent their entering the well.
CLOSED-LOOP GEOTHERMAL
A type of geothermal heating and/or cooling system that utilizes a pressurized heat exchange consisting of pipe, a circulating pump, and a water-source heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable or beneficial reuse water and may have approved, nontoxic antifreeze added.
COLIFORM
All of the aerobic and facultative anaerobic, gram-negative, non-spore-forming, rod-shaped bacteria which are capable of fermenting lactose with gas formation within 48 hours at 35° C.
COMMUNITY WATER SYSTEM
A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least twenty-five-year-round residents.
CONSTRUCTION OF WELLS
All acts necessary to obtain groundwater, or artificially recharge groundwater; provided, however, such term does not include an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying, or for inserting media to repressure oil or natural gas formations or for storing petroleum, natural gas, or other products and services. Construction of wells includes the location and excavation or drilling of the well, but excludes the installation of pumps and pumping equipment.
CONTRACTOR
Any individual, partnership, company, association, corporation, group or entity employed, hired, contracted or otherwise engaged by the owner to perform defined services for compensation.
CROSS CONNECTION
An arrangement allowing either direct or indirect connection through which backflow, including back siphonage, can occur between the drinking water in a public water system and a system containing a potential source of contamination.
DOMESTIC WATER USE
The use of water for domestic use. Water that is used by people or organizations that use their own wells to supply their water, as opposed to public supplied water.
FLOWING WELL
A well that yields water by artesian pressure at the ground surface.
GROUNDWATER
Water found below the land surface. It is found in aquifers, in the pore spaces of rocks, in unconsolidated sediments, as permafrost, and as soil moisture. Groundwater flows to the surface naturally at springs and seeps and can form oases or swamps. It may also be tapped artificially by the digging of wells.
GROUT
A permanent watertight joint or connection made by filling with concrete, neat cement, or other approved impervious material between the casing and the undisturbed formation surrounding the well or between two strings of casing.
INDIVIDUAL WATER SUPPLY
A system including wells, pumps, and piping equipment, which supplies water to a private home.
INSTALLATION OF PUMPS AND PUMPING EQUIPMENT
The procedure employed in the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well and establishing seals but not including repairs to existing installations.
NONCOMMUNITY WATER SYSTEMS
A public water system which is not a community water system.
N.S.F.
National Sanitation Foundation.
OPEN-LOOP GEOTHERMAL
A type of geothermal heating and/or cooling system that utilizes a water-supply well and a water pump to deliver groundwater to a water-source heat pump. The discharge water from the water-source heat pump may be returned to the subsurface through an exchange well or infiltration bed, or may be discharged into a pond, lake, or stream. A spring may also be the source of the groundwater supply.
OWNER
Any person vested with sole or partial, legal or equitable ownership of property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
PITLESS ADAPTOR
A device or assembly of parts which will permit water to pass through the wall of the well casing or extension thereof, and which provides access to the well and to the parts of the water system within the well in a manner to prevent entrance of pollution into the well and the water produced.
A. 
As defined by the Pennsylvania Department of Environmental Protection and which is, as of the effective date of this chapter, defined as a system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
B. 
The term includes both community and noncommunity systems and includes collection, treatment, storage and distribution facilities under the control of the operator of the system and used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption.
WATER WELL
An excavation or structure created in the ground by digging, driving, boring or drilling to access water in underground aquifers.
WELL
Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition or artificial recharge of groundwater. This includes but is not limited to test wells, test borings, and monitoring wells, in addition to wells to be utilized as individual or other water supplies (other than public water systems) as well as geothermal systems.
WELL DRILLER
An individual or company that is licensed by the Commonwealth of Pennsylvania to drill wells in Pennsylvania and certified by the National Ground Water Association. A copy of the Pennsylvania license and National Ground Water Association certification shall be filed with the Township on an annual basis.
WELL SEAL
An approved device or method used to protect a well casing or water system from the entrance of any external pollutant at the point of entrance into the casing of a pipe, electric conduit or water level measuring device.
WELL TAG
A metal marking device supplied by the well driller for installation on the well cap for every new or reconstructed water well or geothermal well.

§ 107-7 Duties of property owner; requirement for permit; recording of site plan.

A. 
The owner of the property on which a well, as defined in § 107-6 of this chapter, is to be utilized shall:
(1) 
Apply to the Township for a well permit, providing on the prescribed application form such information to include, but not be limited to, the name and address of the applicant, name and address of the landowner where the well is to be drilled, name and address and license number of the well driller, site location and address, and proposed date for drilling to begin. A site plan drawn to scale showing the following with respect to the property on which the proposed well or borehole is to be located:
(a) 
Property lines, size and dimensions;
(b) 
Abutting public streets and private roads and associated right(s)-of-way;
(c) 
Location and dimensions of existing and proposed buildings;
(d) 
Location and dimensions of driveways;
(e) 
Location of on-lot septic (including tanks, drainfields, spray sites, or sewage application sites), public sewer (including laterals), on-lot water supply and public water systems;
(f) 
Surface waters, delineated wetlands and floodplains;
(g) 
Stormwater management facilities, including ditches/swales;
(h) 
Preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles; and
(i) 
Farm silos, barnyards, privies and fuel tanks.
[1] 
With respect to adjacent properties to the property on which the proposed well or borehole is to be located, the site plan, drawn to scale, shall show the following that exist within 100 feet of the shared property line:
[a] 
Existing buildings and buildings under construction, as evidenced by any site preparation activity;
[b] 
Driveways and private roads;
[c] 
Location of on-lot septic (including tanks, drainfields, spray sites, or sewage application sites), public sewer (including laterals), on-lot water supply and public water systems;
[d] 
Surface waters, delineated wetlands and floodplains;
[e] 
Stormwater management facilities, including ditches/swales;
[f] 
Preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles; and
[g] 
Farm silos, barnyards, privies and fuel tanks.
(2) 
Commence construction of a well or borehole subject to this chapter only upon issuance of a well permit by the Township.
(3) 
Prior to beginning construction of a well or borehole, clearly mark the two closest property corners to the proposed site and also mark the proposed location of the well or borehole on the property, so as to permit inspection and verification of the proposed well or borehole location as indicated on the site plan. Seven business days in advance of the commencement of construction, notify the Township Code Enforcement Officer of the intent to begin construction and permit the Township Code Enforcement Officer to enter the site for purposes of inspection and verification.
(4) 
Have all wells or boreholes constructed by a qualified Pennsylvania licensed well driller.
(5) 
Construct each well or borehole to meet, at a minimum, the requirements of this chapter, including the rules and regulations described in § 107-4 of this chapter.
(6) 
Submit any relevant information or data concerning the constructed well or borehole to the Township, including a signed well construction completion report as required by § 107-10U of this chapter. Well water analysis results shall be provided to the owner and the Township.
(7) 
Within seven days of the completion of well or borehole construction, submit a site plan showing the precise location of the constructed well or borehole to the Township and also record the site plan at the Office of the Recorder of Deeds of Adams County. Provide proof of recording to the Township within five business days of the receipt of confirmation of recording from the Recorder of Deeds. Until such time as the Township receives proof of recording, the Township will not issue any approvals or permits for development or use of the property.

§ 107-8 Well permit and approved well construction completion report requirements.

A. 
Construction of a well or borehole subject to this chapter may not commence until such time as the Township issues a well permit following its review and approval of an application for the well permit.
B. 
No zoning permit for a use requiring the construction of a well shall be issued for a property until such time as a well construction completion report has been approved by the Township.

§ 107-9 Location.

All water supply wells shall have a source of supply that is from a water-bearing formation drawn not less than 35 feet below the ground surface. In addition, all wells and boreholes shall be located at a point free from flooding, at a higher elevation (wherever possible), and at the following minimum setback distances to existing or potential sources of pollution.
Minimum Setback From
(feet)
Individual Potable Water Supply Wells
Closed Loop Geothermal System
Lakes, ponds, streams or other surface waters, delineated wetlands, and floodplains
25
10
Stormwater management facilities (detention and retention basins, stabilization ponds, etc.), but excluding storm drains
25
25
Stormwater management infiltration areas
50
25
Drainage ditches/swales
25
10
Individual potable water supply wells
As required to meet current state law/regulation isolation standard
As required to meet current state law/regulation isolation standard
Community, public utility or municipal water authority water supply wells
As required to meet current state law/regulation isolation standard
As required to meet current state law/regulation isolation standard
Public or on-lot water lines
50
10 feet or according to easement
Preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles
100
100
Septic tanks, aerobic tanks or holding tanks
50
25
Subsurface sewage disposal systems, elevated sand mounds, other sewage disposal fields
100
25
Sewage seepage pits, cesspools
100
25
Farm silos, barnyards, privies and fuel tanks
100
25
Sewage spray irrigation sites, sewage sludge and septage disposal sites
100
25
Dedicated public right-of-way (ROW)
20
10 feet plus the difference between the existing ROW and the ultimate ROW determined by the current Township road classification schedule and ROW requirements set forth in the SALDO
Private roads
10
10
Property lines, driveways, and public sewer laterals
10
10
Building foundations and other structures (except for buildings enclosing water wells and/or water well pumps and any other source of pollution as approved)
20
10

§ 107-10 Well and borehole construction.

The property owner has the ultimate responsibility for the well driller's duties and performance.
A. 
Casing.
(1) 
All wells supplying individual or other water supplies (other than public water systems) shall be equipped with watertight and durable wrought iron, steel, plastic (PVC) or other type approved casing with a minimum wall thickness of 0.1875 for iron and for PVC (shall meet AWWA standards).
(2) 
The sections of casing shall be joined together by threaded couplings or joints, welding or other watertight approved method. The casing shall be carried to a minimum depth of 20 feet finished grade and then extended an additional five feet into firm bedrock or other impervious strata and grouted in place. Casing and grouting must be compatible. Pressure grouting is required for all wells by running tremie pipe to bottom along casing. Cement concrete or bentonite is encouraged for use in grouting. Casing shall extend at least 12 inches above ground surface so that contaminated water or other substances cannot enter the well through the annular opening at the top of the well casing, wall or pipe sleeve. The borehole should be three inches larger than the outside diameter of casing to allow for grout.
(3) 
In areas known to be contaminated, the minimum depth for casing shall be 40 feet. The criteria established in AWWA Standards A100-84 must be followed.
(4) 
Non-cased boreholes and/or temporary casing. If a temporary casing or no casing is utilized, the entire depth of the boring to the ground surface shall be grouted using an approved grout. The removal or retraction of temporary casing shall be accomplished immediately after grout has been placed or else before the grout has hardened or cured.
B. 
Ferrous casing. If ferrous casing is used, it shall be new pipe meeting ASTM or API specifications for water well construction. It shall be equipped with a drive shoe or other effective casing seal and have full circumference welds or threaded pipe joints.
C. 
Geothermal closed-loop system. Vertical loops installed in boreholes must be installed by certified contractors. A copy of the certification by the International Ground Source Heat Pump Association or approved equal shall be filed with the Township. The geothermal closed-loop system shall satisfy the following:
(1) 
Geothermal installations shall be designed and constructed to provide an effective watertight seal with the well casing or water storage reservoir and to prevent contamination from reaching the water chamber or interior pump surfaces.
(2) 
Testing geothermal loop field. The assembled loop system shall be pressure tested with water at 100 psi (690 kPa) for 30 minutes with no observed leaks before connection (header) trenches are backfilled. Flow rates and pressure drops shall be compared to calculated values. If actual flow rate or pressure drop figures differ from calculated values by more than 10%, the problem shall be identified and corrected. The person completing the assembly shall be certified through the International Ground Source Heat Pump Association to do fusion welding on high density polyethylene piping.
(3) 
Geothermal fluids. Any fluids used in geothermal shall conform to standards set by the International Ground Source Heat Pump Association and may include any food grade additive that is FDA approved. The use of methanol or other toxic substances is prohibited. Antifreezes shall be certified by their manufacturers (or heat pump manufacturers) as suitable for the intended use and FDA approved. All installations must be identified with appropriate labels, and material safety data sheets must be provided to the owner. Antifreezes shall be corrosion-inhibited and biodegradable.
D. 
Nonferrous casing. If nonferrous casing is used, it shall meet appropriate ANSI, ASTM or NSF standards for water well casing applications. It shall not be driven.
E. 
Grouting.
(1) 
An annular space shall be provided between the well casing and the earth formation of a radius at least 1.5 inches greater than the casing radius, excluding coupling for internal pressure grouting, or 1.5 inches greater than the casing radius, excluding coupling for external grouting. It shall be completely filled with approved grout materials in one continuous operation under pressure from the bottom of the casing to the natural ground surface within 24 hours of completion of drilling. No activity in and around the well shall occur within 48 hours after grouting of the casing, or within two hours if using bentonite.
(2) 
In the event that grouting is done following completion of all drilling operations, all obstructions must be completely cleared prior to placement of grout material. The casing shall be sealed by grouting a minimum of 15 feet each above and below any polluted or undesirable water-bearing zone.
(3) 
During the installation of a pitless adaptor, grout material may be removed from the exterior of the casing in order to provide a watertight seal between the casing and this adaptor. For such an adaptor, a ditch at least three feet deep will be required along with conduits, stone, dust or sand. A sanitary well cap shall be incorporated for protection from leakage and identification of the well, respectively.
(4) 
Approved grout. Approved grout shall be mixed and applied according to manufacturer's specifications (e.g., water content and viscosity) for use in grouting wells and/or geothermal boreholes. The following types of grouting are specifically authorized:
(a) 
Neat cement grout. A fluid mixture of hydraulic cement and water, with or without admixtures in the following proportions: one bag of cement (94 pounds [42.6 kg]) to not less than five gallons (18.91) nor more than seven gallons (26.51) of water.
(b) 
Thermally enhanced bentonite-based grout. Thermally enhanced bentonite-based grout is a high solids mixture of sodium bentonite, inert additives, such as sand or rock dust, that enhance thermal conductivity, and potable water mixed according to the manufacturer's specifications. The sand must be clean so as to not introduce contaminants into the grout mixture. The use of special additives to alter permeability, increase thermal conductivity, increase fluidity, control grout loss, and/or control time set, and the composition of the resultant slurry, must be used in accordance with the manufacturer's specifications.
(c) 
Bentonite-based grout. Bentonite-based grout is a high solids mixture of sodium bentonite and a pumping additive that provides a simple, economical method to seal annular spaces around well casings and grout geothermal boreholes. The slurry develops a high-quality grout with low permeability. The use of these two items must be used in accordance with manufacturer's specifications.
(5) 
Tremie placement method for grout. After water or other drilling fluid has been circulated in the annular space sufficient to clear obstructions, grout shall be placed by pressure pumping through a tremie pipe. The tremie pipe shall be lowered to the bottom of the zone being grouted, and raised slowly as the material is introduced.
(6) 
Other fill and bridging materials. If the entire annular space cannot be filled with approved grout (below the minimum 20 feet), other fill or bridging materials may be used. Acceptable fill materials are site specific and may include, but may not be limited to, bentonite chips or pellets, clean cuttings removed from the borehole; clean sand, gravel, or a mixture of sand and gravel; and/or cement and water or concrete mixes.
(7) 
Tremie placement method for fill and bridging materials. The tremie pipe shall be lowered to the bottom of the zone being filled, and raised slowly as the fill material is introduced. When using the tremie pipe method to install fills, the bottom of the tremie shall be maintained as close as possible to, but not inside of, the emplaced fill.
(8) 
Geothermal. Geothermal system vertical boreholes containing loop pipes must be filled with approved grout to the total depth.
(9) 
Direct exchange (DX) geothermal. This type of geothermal system must use a cement-based, special grout in the boreholes and must have electronic corrosion protection for the metal/copper piping.
F. 
Packer. Packers, when used, shall be of material that will not impact taste adversely, odor, toxic substances or bacterial contamination to the well water.
G. 
Gravel packs. Gravel packs, when used, shall be 95% siliceous material and placed in uniform continuous operation. Refill pipes shall be Schedule 40 Steel and in the annular opening surrounded by a minimum of 1.5 inches of grout. Protection from leakage shall be guaranteed.
H. 
Pits. Pit installations are discouraged where the casing terminates below the ground surface. If they must be used, the floor shall be a watertight reinforced concrete platform at least four inches thick and extending from the casing at least two feet in all directions. The casing shall extend upward from the floor of the pit for at least 12 inches. The walls of the pit shall be at least four inches thick or reinforced concrete or its equivalent. A durable watertight manhole, a minimum of two feet in diameter, shall be installed in the top of the pit, which also shall be a reinforced concrete slab of at least four inches in thickness. Pit installations shall not be used in flood-prone areas of fluctuating water tables, which rise within one foot of the bottom of the proposed pit. Where pipes enter the pit, the annular space between the pipes and the wall shall be effectively sealed in a watertight permanent manner.
I. 
Pitless installations.
(1) 
Pitless installations are those where the casing terminates above the ground surface. Where used, they shall be effectively sealed. All buried suction lines shall be encased. The access casing shall be protected against corrosion and shall extend at least 12 inches above the natural ground surface and to a point below the frost line. This area shall be designed for blockage of water, insects, and rodents.
(2) 
Pitless adaptors cannot be installed with torch or flame, but must be installed using a hole saw or drill.
J. 
Well screens. Well screens shall provide a maximum amount of open area while still maintaining structural strength. They shall have the size of openings based on a sieve analysis to preclude entry by sand, silt, and other undesirable elements.
K. 
Well cap. Install a secure, screened, varmint-free, vented well cap on all wells to prevent any surface pollutants from entering the well or any vandalism to the well or aquifer. In the event of a flowing well, the well cap must stop overflow from the well. Well caps shall extend downward at least two inches over the outside of the well casing or wall. All well caps shall indicate the well driller's name, depth of well and depth of casing.
L. 
Well tag. An identification tag must be permanently attached to each new or reconstructed water well or each geothermal well. These tags shall be supplied by the well driller.
M. 
Venting. Where venting is required, an overlapping screened cover or pipe with an opening facing downward shall be required. In no case shall openings be less than 12 inches from the ground or the floor in case of pit installations.
N. 
Monitoring wells. Monitoring wells shall be designed such as to minimize potential contamination of the aquifer and to maximize the information obtained from each such well.
O. 
Heat pumps. Heat pump (geothermal) installations shall be designed and constructed to provide an effective watertight seal with the well casing or water storage reservoir and to prevent contamination from reaching the water chamber or interior pump surfaces. In closed-loop systems, holes must be grouted from bottom to top with cement or bentonite.
P. 
Power pump installations. The base installed directly over a well casing or pipe sleeve shall be designed to provide an effective watertight seal. It shall be located in a flood-free area. Where power pumps are placed in pits, they shall comply with § 107-10H above, and shall be ventilated with a pipe of at least 1.5 inches in diameter. The pump and related equipment shall permit convenient access, removal, maintenance and repair. The suction opening shall be placed at least two feet below the maximum drawdown of the water in the well. However, it shall be located at a sufficient distance from the bottom of the well so as to prevent agitation of accumulated sediment.
Q. 
Abandoned water supplies, wells and boreholes.
(1) 
A permit is required for any existing well water supply, geothermal well, or borehole that is to be abandoned. Drilled wells shall be filled and sealed by cement, concrete grout or bentonite. Hand-dug wells shall be filled with clean stone to within four feet of the top of the well, then concrete to within two feet of ground level. The well driller shall send a copy of any well abandonment report prepared by the contractor to the PA USGS.
(2) 
Dry wells being abandoned must be filled with clean stone and the top 18 feet filled with cement of bentonite; however, the top two feet may be covered with topsoil after any casing is removed or cut off at least two feet below ground surface.
(3) 
All wells or boreholes shall be decommissioned in accordance with the Department of Environmental Protection's Well Abandonment Guidelines.
(4) 
During abandonment of all geothermal wells, the heat transfer fluid/antifreeze must be removed via displacement grout. All removed fluid must be collected and disposed of according to current state and federal regulations.
R. 
Disinfection.
(1) 
Following completion of construction, the well shall be pumped continuously until the water discharge is clear. It shall be filled with water containing concentration of not less than 100 parts per million of free chlorine. A portion of this solution shall be recirculated directly to the well in order to insure proper agitation. The water shall not be used for a period of 24 hours. Other combinations of water/chlorine concentration and time interval may be used if demonstrated equally effective. Disposal of the purged water shall be at a point so as to minimize adverse effects to aquatic life and in no way directed into any subsurface sewage disposal system. One ounce of dry calcium hypochlorite dissolved in 52.5 gallons of water makes the proper strength disinfectant solution. Prior to well analysis sampling, adequate pumping shall be provided following disinfection of the well.
(2) 
The discharge shall not be permitted to flow into wetlands, waterways or adjoining properties.
S. 
Cross-connections.
(1) 
If pump and piping is not installed by the well driller, the owner is responsible for proper installation of check valves and backflow protection. Backflow protectors must be incorporated into the system and be used as needed for each outside water hose connector. At least two check valves must be incorporated into each water system that derives water from a well.
(2) 
For nonindividual water supplies (other than public water systems), this device is required to be installed at any fixed potable water outlet to which a hose may be connected.
T. 
Well analysis. After well disinfection, collect and analyze water samples for nitrate-nitrogen and total coliform bacteria. The owner or his representative shall utilize the appropriate means and methods for sampling and stabilization, and obtain sample analysis from a certified lab. One copy of the analysis results shall be provided to the owner of the well and one copy provided to the Township.
U. 
Well construction completion report. Submit one copy of the well driller's permit as submitted to PA USGS, as may be amended, to the Township. In addition, distribute the remaining copies of this form as directed, including one copy to the owner. In the case of geothermal wells and boreholes, a report must be filed indicating the well or borehole was constructed in accordance with this chapter.
V. 
Dug wells. No new dug wells will be permitted in the Township due to the great danger of pollution and unreliability of water supply.

§ 107-11 Accessibility to public water system.

A. 
No individual or other water supply system (other than a public water system) for human consumption shall be constructed or altered where a public water system connection is within 150 feet of the existing or proposed structure and public water service is available.
B. 
Wells for agriculture or other purposes, excluding human consumption, shall be permitted regardless of public water availability.
C. 
Cross-connections between an individual or other water supply system (other than public water system) and the public water system is prohibited.

§ 107-12 Waiver.

A. 
An applicant for a well permit may request from the Board of Supervisors of Mount Joy Township a waiver from any of the provisions of § 107-9. The request shall be in writing and shall:
(1) 
Identify the provision(s) of the chapter from which waiver is sought;
(2) 
State the grounds and facts of unreasonableness or hardship on which the request is based; and
(3) 
Demonstrate that the waiver requested is the minimum waiver necessary.
B. 
The Board of Supervisors may grant a waiver only upon determination that the literal enforcement of the provision will exact undue hardship because of peculiar conditions and provided that such waiver will not be contrary to the public interest and that the purpose and intent of the chapter is observed.

§ 107-13 Fees.

An application fee, as set by the Board of Supervisors by resolution, shall be paid at the time a complete application for a well construction permit is presented to the Township office. In no case shall the application be accepted as complete or approved prior to payment of this fee.

§ 107-14 Violations and penalties.

A. 
Upon discovery of any violation of this chapter, the Township may, in its sole discretion, opt to forego any prosecution hereunder, and may grant to the owner a period of 30 calendar days to comply with the provisions of this chapter. Upon failure of the owner to effect such compliance, the Township may initiate prosecution as hereinafter set forth.
B. 
Any person who violates or permits the violation of this chapter, any amendments hereto, or any rules and regulations established pursuant to this chapter shall, upon being found liable therefor in an action brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, pay the fine plus all court costs, including reasonable attorneys' fees incurred by the municipality in any enforcement proceeding, as may be ordered. The Municipal Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 83(c) (relating to trial and summary cases).
C. 
Each violation of this chapter shall be punishable by a fine of not less than $100 nor more than $1,000 for each day or portion thereof in which a violation is found to exist. A separate violation arises for each section of the chapter which is found to have been violated.

§ 107-15 Abatement of nuisance.

In addition to any other remedies provided in this chapter, any violation of § 107-9, § 107-10 or § 107-11C of this chapter shall constitute a nuisance. The Township, in its sole discretion, may seek mitigation of the nuisance or may institute a suit(s) in equity or law under any applicable law to prevent or enjoin the violation or obtain any other legal relief from a court of competent jurisdiction.

§ 107-16 Disclaimer.

Approval of an application and issuance of a well permit for a well on the property described on the application does not constitute any guarantee or warranty by the Township regarding quantity or quality of water than may be obtained as a result of any well drilled under this permit. The well permit provides the Township's approval to drill a well at the site shown on the application, and does not provide any other approvals, guarantees, or warranties.