[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Editor’s Note: This ordinance also repealed former Ch.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.
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.
This chapter is enacted pursuant to the enabling authority of
the Second Class Township Code, 53 P.S. §§ 1506 and
1517.
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.
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.
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.
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.
The following words and terms when used in this chapter shall
have the following meaning unless the context specifically and clearly
indicates otherwise:
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.
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.
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.
American National Standards Institute.
American Petroleum Institute.
A geological formation that contains and transmits water.
American Society for Testing Materials.
American Water Works Association.
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.
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.
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.
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.
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.
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.
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.
Any individual, partnership, company, association, corporation,
group or entity employed, hired, contracted or otherwise engaged by
the owner to perform defined services for compensation.
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.
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.
A well that yields water by artesian pressure at the ground
surface.
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.
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.
A system including wells, pumps, and piping equipment, which
supplies water to a private home.
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.
A public water system which is not a community water system.
National Sanitation Foundation.
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.
Any person vested with sole or partial, legal or equitable
ownership of property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
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.
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.
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.
An excavation or structure created in the ground by digging,
driving, boring or drilling to access water in underground aquifers.
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.
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.
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.
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.
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.
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.
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
|
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.
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.
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:
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.
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.
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.
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.
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.
