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Township of Marlborough, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Marlborough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 189.
Subdivision and land development — See Ch. 215.
Zoning — See Ch. 275.
[Adopted 9-23-1991 by Ord. No. 91-3]
The purpose of this article is to:
A. 
Allow for the protection, orderly development and management of the groundwater resources in the Township of Marlborough Township, Montgomery County, Pennsylvania;
B. 
Ensure that new wells constructed within the Township are able to provide a reliable, safe, and adequate water supply to support intended use; and
C. 
Provide for certain well construction and testing criteria to insure Subsections A and B, above, and initiate a data base for long-term planning and resource management.
This article shall apply to all wells to be drilled, or which are not in operation or are not in operable condition at the time of passage of this article. It shall not, however, apply to wells intended to serve single-family dwellings already drilled at the time of passage of this article which are not yet in operation, and operable wells on properties that are vacated while being sold, unless substantial modification occurs.
A. 
It shall be unlawful for any person to locate, drill or have drilled any well; to install or have installed any relating pumping equipment; or to alter an existing well until a permit for such location, drilling, installation or alteration shall have been issued by the duly appointed Code Enforcement Officer or other proper representative of the Township.
B. 
No construction, drilling, digging, reconstruction, major repair, abandonment, retirement, or other change of or for any well for the production of water shall commence unless the property owner, or a duly authorized agent, shall apply for and receive a permit for such activity from the Township.
C. 
No permit is required for work on an existing well's pumping system unless that work increases the withdrawal capability of the system and the daily pumpage.
D. 
Where applicable, approval by Township shall be in addition to approvals by the commonwealth and the Delaware River Basin Commission (DRBC), and not in lieu of.
Every corporation, organization, private or public company or individual must obtain a permit from the Township to construct a well. For those wells to be constructed for public water supply use, the applicant must first obtain approval of the drilling site from the Township and the Pennsylvania Department of Environmental Protection (PA DEP) or the County Health Department acting in behalf of the PA DEP.
A. 
Application forms.
(1) 
Application for a well permit shall be made by the property owner or his agent upon a form supplied by the Township, and shall be submitted to the duly appointed Code Enforcement Officer or other proper representative of the Township. It shall be the obligation of the applicant to bring this article to the attention of the well driller.
(2) 
The application shall set forth the name or names of owners of the property, a sketch of the premises showing the proposed location of the well, the location or proposed location of all buildings and septic tanks and drain fields, the boundary lines of the premises and such other information as may be required thereon.
B. 
Site inspection. Upon receipt of an application for a well permit, the Township, through its duly appointed Code Enforcement Officer or other proper representative, shall within 30 days review the site plan showing the location of the proposed well and perform an inspection of the premises on which the well is to be constructed to determine if the location conforms to acceptable standards. The inspection shall be conducted in accordance with the provisions of this article and the provisions of any and all other relevant ordinances of the Township. Upon completion of the inspection, the inspection officer shall either:
(1) 
Issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any; or
(2) 
Refuse to issue said permit and, in such event, shall provide the applicant with written reasons for such refusal.
All permits shall be in effect as of the date of issuance and shall remain in effect for a period of one year. In the event that construction under the permit has not been completed at expiration of one year from the date of issuance, the permit shall expire, the validity of the permit shall cease and terminate, and all fees paid will be forfeited.
All applications for a well permit shall be accompanied by a fee payable to Marlborough Township in accordance with a schedule of fees established from time to time by resolution of the Board of Supervisors of Marlborough Township.
A. 
All new or altered water wells constructed in Marlborough Township shall be approved by the Township prior to use after meeting the requirements as set forth in this article.
B. 
The drilling, construction and testing of all newly drilled wells in Marlborough Township shall be done by a licensed driller in conformance with accepted construction standards and shall comply with the requirements set forth hereinafter for the various types of wells.
[Amended 2-9-1998 by Ord. No. 98-2]
The criteria to be followed in the drilling and construction, pump testing, and quality testing of new individual water supply wells, and the requirements to be met for well certification are outlined below.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
INDIVIDUAL WATER SUPPLY WELL
A well associated with an individual water supply system. An individual water supply well that withdraws 10,000 gpd or more over a thirty-day period is regulated as a (potable) water supply under this section, and under §§ 261-11, 261-12 and 261-13 for permitting of the well.
INDIVIDUAL WATER SUPPLY SYSTEM
A system including wells, pumps, piping, storage and/or treatment equipment supplying water for human consumption and not regulated under the Pennsylvania Safe Drinking Water Act[1] or regulations promulgated thereunder.
[1]
Editor's Note: See 35 P.S. § 721.1 et seq.
B. 
Well permit.
(1) 
The applicant for an individual water supply well shall complete the requirements for a permit as directed in Chapter XVII of the Montgomery County Health Department Regulations, a copy of which is included with this article as Appendix I.[2]
[2]
Editor's Note: The Montgomery County Health Department Regulations are on file in the Township office.
(2) 
The applicant shall present the county permit for registry with the Township as a requirement for a Township well permit, a use and occupancy permit, and for compliance with Chapter 275, Zoning, and Chapter 215, Subdivision and Land Development, as applicable.
[Amended 2-9-1998 by Ord. No. 98-2]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMUNITY WATER SUPPLY WELL
A well associated with a community water supply system. A community water supply well that withdraws 10,000 gpd or more over a thirty-day period is regulated as a (potable) water supply under this section, and under §§ 261-11, 261-12 and 261-13 for well permitting.
COMMUNITY WATER SUPPLY SYSTEM
A system for the provision of water for human consumption if such system has at least 15 service connections or regularly serves at least 25 individuals. The community water supply system is regulated by the Pennsylvania Department of Environmental Protection (PA DEP) and the Township of Marlborough.
NONCOMMUNITY/NON-INDIVIDUAL WATER SUPPLY WELLS
These wells, as defined in Title 25, Chapter 109, of the Pennsylvania Code and the Public Water Supply Manual, are hereby regulated by the Township under this article as "community water supply wells." Noncommunity/non-individual water supply wells that withdraw 10,000 gpd or more over a thirty-day period are regulated as (potable) water supplies under this section, and under §§ 261-11, 261-12 and 261-13 for well permitting.
B. 
Notification.
(1) 
The applicant shall notify the Township at least 30 days prior to commencement of drilling by applying for a drilling permit. The application for the drilling permit shall, in addition to the information required by § 261-5, be accompanied by the following information:
(a) 
Projected long-term water supply needs;
(b) 
Map showing the location of the proposed test well(s);
(c) 
Location of existing wells within a twenty-five-hundred-foot radius of the proposed well;
(d) 
Location of all known points of pollution within a twenty-five-hundred-foot radius of the proposed well;
(e) 
Amounts of existing groundwater withdrawals, in tabulated form, within a twenty-five-hundred-foot radius of the proposed well.
(2) 
Upon receipt of the complete application and information, the Township, through its duly appointed officer or representative, shall within 30 days review the available data and perform an inspection of the property on which the well is to be constructed to ascertain that the drilling site meets all necessary sanitary requirements. Upon completion of the inspection and review, the Township officer or representative shall issue or deny the drilling permit. In the latter circumstance, the Township officer or representative will provide written reasons for such denial. When a state permit is required, the applicant shall see and obtain approval of the drilling site from the PA DEP or the County Health Department (CHD) acting on behalf of the PA DEP. The Township shall be provided with copies of all correspondence to and from the PA DEP and/or the CHD. Drilling of the well shall not commence until all necessary approvals have been received.
C. 
Well drilling and construction of community water supply wells.
(1) 
Community water supply wells shall be about 300 feet deep. Actual depth may vary and some wells may have to be deeper in order to provide the necessary supply. In every circumstance, the initial yield of the well must be sufficient to provide a reliable source of supply under most adverse conditions, when accounting for the reduction in yield with long-term operation.
(2) 
A detailed drilling record and geologic log shall be prepared during drilling of the test well(s). Rock specimens shall be analyzed at five-foot intervals in order to describe the lithology encountered, and information shall be obtained as to depth and estimated yield of the water-bearing zones. Proper methodology shall be used to estimate the yield of the water-bearing zones.
(3) 
Community water supply wells shall be constructed at an eight-inch diameter or larger. The wells shall be double-cased with a minimum of 10 feet of outer casing and 40 feet of inner casing, and the annulus or space between the two casings and the inner casing and the bedrock shall be grouted with neat cement.
D. 
Pump test of community water supply wells.
(1) 
Upon competition of drilling and well construction, the well shall be submitted to a step-drawdown and long-term pump test. Prior to implementation of the pump test, the applicant shall prepare and submit to the Township, for its review and approval, a network of existing wells located near the project to be monitored during the test, and a protocol for the implementation of the step-drawdown and long-term pump tests. The protocol shall address and comply with the following minimum requirements:
(a) 
Collection of background water level data in the production well. The water level data in this well should be collected with a continuous water level recorder in order to properly define water level trends and degree of impact, if any, from nearby pumping centers;
(b) 
Collection of background water-level data in the monitoring network wells;
(c) 
Number of steps and rates to be used during the step-drawdown test;
(d) 
Upon completion of the step-drawdown test and analysis of the data thereof, the applicant shall provide to the Township the discharge rate to be used during the long-term test. The long-term test shall be of forty-eight-hour duration or longer and shall be conducted at a constant rate of discharge. The well shall be equipped with the proper apparatus to readily verify and adjust the discharge rate as required; and
(e) 
Detailed water level measurements in the pumping well shall be collected during pumping and, after cessation of pumping, during recovery.
(2) 
A pump test shall not be implemented until the monitoring network and protocol have been approved by the Township.
E. 
Water quality of community water supply wells. Groundwater samples shall be collected at the pumping well after 48 hours of continuous pumping and submitted to a PADEP certified laboratory for chemical analysis. The samples shall be analyzed in accordance with the PADEP's New Source Sampling and Testing Matrix (DER-BCEC-44: 7/85; PGN-PWS-P-3, or as revised).
F. 
Well permit for community water supply wells.
(1) 
Upon completion of the work tasks set forth hereinbefore, the applicant shall submit an application to the Township for a well permit. The application shall be accompanied by a hydrogeologic report prepared by a qualified hydrogeologist. Hydrogeologic reports shall be prepared in accordance with the following guidelines:
(a) 
General report requirements:
[1] 
The report shall certify that previous reports prepared by other consultants in the Township, which are determined to be relevant by the Township, have been reviewed and referenced;
[2] 
While statements concerning regional geologic and hydrogeologic conditions are acceptable, the report shall emphasize site- and Township-specific conditions;
[3] 
The text of reports shall contain all appropriate data, graphs, analyses, and methods used to reach the conclusions contained in the report. Appendixes shall contain all data collected during implementation of the various work tasks;
[4] 
Figures within the report shall contain a complete legend, title and scale;
[5] 
All numerical parameters shall be presented with appropriate units, and all data shall be appropriately referenced;
[6] 
Every report shall contain a topographic map at a minimum scale of one inch equals 2,000 feet showing the location of the project site, production well(s), monitor wells, steam flow monitoring stations (where applicable), and existing large yield wells within 1/2 mile of the site;
[7] 
The report shall include calculations for all appropriate parameters;
[8] 
While inclusion of general and regional groundwater recharge rates as offered by various authors is acceptable, estimates of long-term or dry period yield of the well shall be based on analysis of the well-specific hydrogeologic data and the method used shall be described in the text of the report. The estimate(s) shall be presented in tabular form; and
[9] 
The water quality data shall be tabulated and presented within the text of the report. The report from the laboratory performing the analysis shall be included in the appendix.
(2) 
Whenever an agreement is reached between the applicant and the Township for dedication of the well and appurtenances thereto to the Township or a municipal agency, additional and more specific requirements may be imposed by Township officials as deemed appropriate and/or necessary.
(3) 
Construction of the well facilities shall not commence until a permit for the operation of the well has been obtained from the Township, and then only after all necessary approvals and permits by other regulatory agencies have been issued.
Included in this category are groundwater wells which propose to withdraw more than 10,000 gallons per day (gpd) over any thirty-day period. Such wells must be approved by the Pennsylvania Department of Environmental Protection and the withdrawal must be approved by the Delaware River Basin Commission (DRBC) pursuant to groundwater protected area regulations. Applicant shall comply with all requirements of these agencies, and nothing contained in this article shall be construed as exonerating applicant from meeting such requirements. Additionally, applicant shall comply with the Township requirements as set forth herein. Township requirements for the drilling, construction, pump testing and quality testing of large yield wells are set forth below:
A. 
Notification.
(1) 
At the time of notification to the DRBC of intent to drill, applicant shall also notify the Township and shall apply for a drilling permit. The application for the drilling permit shall include the following information:
(a) 
Projected long-term water supply needs;
(b) 
Section of USGS quadrangle showing the location of the proposed test well(s);
(c) 
Location of existing wells within a radius defined as follows:
[1] 
One-half mile for withdrawals up to 50,000 gpd;
[2] 
Three-fourths mile for withdrawals between 50,000 and 100,000 gpd;
[3] 
One mile for withdrawals in excess of 100,000 gpd.
(d) 
Amounts of existing groundwater withdrawals, in tabulated form, within applicable radius;
(e) 
Location of all known points of pollution within a one-mile radius of the proposed test well.
(2) 
The test well site(s) shall be determined by applicant's consultant and the information shall be submitted to the Township and the PA DEP or County Health Department acting on behalf of the PA DEP.
(3) 
Upon receipt of application and required information, the Township shall schedule a conference with applicant to discuss the well project. At such a conference, the applicant shall set forth the water supply requirements and will present preliminary plans, location maps, layout sketches, and will address final disposition of the well(s) and related appurtenances.
(4) 
The Township shall further, within 30 days of receipt of application, review the necessary information and perform an inspection of the proposed drilling sites to verify that they meet the necessary sanitary requirements. The Township shall then, through its duly appointed officer or representative, issue or deny the drilling permit. If the drilling permit is denied, the Township shall provide written reasons for such denials.
(5) 
Applicant shall seek and obtain sanitary approval of the drilling site(s) from the Pennsylvania Department of Environmental Protection (PA DEP) or the County Health Department acting in behalf of the PA DEP.
(6) 
The Township shall be provided with copy of all correspondence to and from the PA DEP. Drilling and construction of the proposed well(s) shall not commence until all necessary approvals have been received.
B. 
Well drilling and construction of large-yield wells.
(1) 
Large-yield wells shall be 400 feet deep minimum, and deeper when necessary, in order to provide the required water supply. Determination of appropriate depth must be based on site-specific conditions encountered during drilling;
(2) 
A detailed drilling record and geologic log shall be prepared during drilling of the test well(s) and construction of the production well(s). Rock specimens shall be analyzed at five-foot intervals in order to describe the lithology encountered, and reliable information shall be obtained as to depth and estimated yield of the water-bearing zones. Proper methodology shall be used to estimate the yield of the water-bearing zones and shall be appropriately described. The logging shall be performed by a qualified geologist/hydrogeologist;
(3) 
Large yield wells shall be constructed at ten-inch diameter or larger, and shall be double-cased, with a minimum ten-foot outer, and forty-foot inner casing or as required by site-specific conditions. The annulus, or space between outer and inner casing, and between inner casing and bedrock shall be grouted with neat cement or similar compound. Emplacement of the grout shall be uniform, from the bottom up, with a tremie pipe or other approved method.
(4) 
Prior to commencement of drilling, if required by the Township, applicant shall submit to the Township a protocol outlining the drilling program. The program shall be modified as required until approved by the Township.
C. 
Pump test for large yield wells.
(1) 
The necessary pump tests shall be implemented in full compliance with state and DRBC requirements. Applicant shall provide copy of correspondence from and to the DRBC, including information on the well and stream network approved by this agency for monitoring. Applicant shall also provide the Township with a protocol for the implementation of the step-drawdown and long-term pump tests. The protocol shall address and comply with the following requirements, in addition to those that may be imposed by the DRBC or other regulatory agencies:
(a) 
Collection of background water level data in the production well. The water level data should be collected with a continuous water level recorder to properly define water level trends and degree of impact, if any, from nearby pumping centers;
(b) 
Collection of background water level data in the monitoring network wells (and streams, if required by the DRBC);
(c) 
Number of steps and rates to be used during the step-drawdown tests. Proposed discharge rates should be consistent with the estimated yield of the well after drilling and construction;
(d) 
Proposed pumping rate for the forty-eight-hour pump test. The rate, again, should be consistent with the estimated yield of the well. The test shall be conducted at a constant rate, and the well shall be equipped with the proper apparatus to readily verify and adjust the discharge as necessary;
(e) 
Detailed water-level measurements in the pumping well shall be collected during pumping and, after cessation of pumping, during recovery.
(2) 
Monitor well network and protocol for the step-drawdown and long-term pump test shall be modified until approved by the Township.
(3) 
The Township shall be provided advance notice of the dates of step-drawdown and long-term pump tests.
[Amended 2-9-1998 by Ord. No. 98-2]
Sampling and analysis of the groundwater at the well shall be in accordance with PADEP/CHD requirements. The PADEP/CHD staff shall be provided sufficient notification time for planning collection of split samples. The Township shall be informed of the expected date and time of sampling.
A. 
Submittal to the Township for large-yield wells shall include all modules, applications, reports, and follow-up information required by the Pennsylvania Department of Environmental Protection/County Health Department, and the Delaware River Basin Commission.
B. 
The hydrogeologic report submitted in support of the application for a groundwater withdrawal permit shall be prepared by a qualified hydrogeologist.
C. 
To the extent that they are not in conflict with requirements of the DRBC, hydrogeologic reports shall be prepared in accordance with the following guidelines:
(1) 
General report requirements.
(a) 
The report shall reference, to the extent applicable, data from previous reports prepared by other consultants in the Township, which are determined to be relevant by the Township;
(b) 
While statements concerning regional geologic and hydrogeologic conditions are acceptable, the report shall emphasize site- and Township-wide specific conditions;
(c) 
The text shall contain all appropriate data, graphs, analyses and methods used to reach conclusions contained in the report. Appendicxes shall contain all data generated during implementation of the various hydrogeologic work tasks;
(d) 
Figures within the report shall contain complete legend, title and scale;
(e) 
All numerical parameters shall be presented with appropriate limits, and all data shall be appropriately referenced;
(f) 
Every report shall contain a topographic map at a minimum scale of one inch equals 2,000 feet, showing the location of the project site, production well(s), monitor wells, stream-flow-monitoring stations (where applicable), and existing large-yield wells within 1/2 mile of the site;
(g) 
The report shall include calculations for all appropriate parameters;
(h) 
While inclusion of general and regional groundwater recharge rates as offered by various authors is acceptable, estimates of long-term or dry-period yield of the well(s) shall be based on analysis of the well-specific hydrogeologic data, and the method used shall be described in the text of the report. The estimate(s) shall be presented in tabular form;
(i) 
The water quality data shall be tabulated and presented within the text of the report. The report from the laboratory performing the analysis shall be included in the appendix.
D. 
Upon review of the information and data submitted by applicant and within 120 days therefrom, the Township shall issue or deny a permit for the operation of the well. If a permit is denied, the rationale for the denial shall be given in writing. A permit for the operation of the well may be issued subject to conditions, and approval by the Township does not exonerate applicant from obtaining all other necessary approvals and permits. Construction of the well facilities and operation of the well shall not commence until all necessary approvals have been obtained.
A. 
The owner shall, upon abandonment of any existing production well or test well, fill such well or test well in accordance with the procedure described hereinafter.
B. 
All wells to be sealed must be completely filled with 2,500 lb. concrete or approved equal and the work shall be done by a licensed driller, who shall also have a formal report to the Township.
C. 
A well not in operation for three or more years or improperly maintained to prevent contamination may be deemed to have been abandoned.
No well shall be drilled nor any existing wells used for the purpose of disposing of domestic or industrial wastes underground.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 2-9-1998 by Ord. No. 98-2]
The Township may, at its discretion, waive or apply requirements for permitting under this article based upon individual circumstances when determined to be in the best interests of the Township and consistent with the stated purpose of this article.