[Adopted 3-19-2002 by Ord. No. 3-2002]
As used in this article, the following terms shall have the
meanings indicated:
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, as set forth under the Pennsylvania Safe
Drinking Water Act, 35 P.S. § 721.1 et seq.
INDIVIDUAL WATER WELL 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, 35 P.S. § 721.1
et seq.
WATER WELL DRILLER
Any person licensed by the Commonwealth of Pennsylvania performing
or in responsible charge of drilling, altering or repairing a water
well.
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, geothermal and monitoring wells, in addition to wells to
be utilized as individual water supplies.
WELL DRILLER LOG
The latest version of the Water Well Completion Report, DCNR
Form 8700-FM-TG-5100S, or its replacement.
[Amended 3-2-2006 by Ord. No. 1-2006]
A. It shall be unlawful to install or modify an individual water supply
well, a monitoring well, an agricultural well, or a geothermal well
without first obtaining a permit from the Township.
B. This article shall apply to all wells which have not been completed,
or which are not in operation or in operable condition at the time
of passage of this article.
C. Monitoring/test, agricultural and geothermal wells shall require
permits. Applicants for monitoring/test wells shall provide security
acceptable to the Township in an amount sufficient to cover proper
abandonment of the wells. The applicant shall provide a probable cost
for abandonment at the time of the well permit application. The Township
will review the estimate and determine the amount of security required
to be posted. The required security shall be furnished to the Township
prior to the issuance of any well permit and shall be in a form acceptable
to the Township.
[Amended 9-4-2008 by Ord. No. 6-2008]
D. All water
supply wells shall be constructed by a licensed water well driller.
E. This article shall not apply to the normal maintenance and repairs
required to keep wells in proper working order.
F. Each building lot must be provided with an individual water supply
system prior to the issuance of a building permit for dwelling units.
All permits shall be issued on a form provided by the Township.
[Amended 3-2-2006 by Ord. No. 1-2006]
A. A well is considered abandoned or permanently discontinued if a pump
was not installed in a new well that was constructed or if an existing
well has not been utilized for a period of one year or more.
B. If the use of a well is permanently discontinued, the well shall
be filled and sealed in such a way that it will not act as a channel
for the interchange of waters of undesirable quality with those whose
quality is desirable and to prevent the contamination of groundwater.
C. Only concrete, cement grout or bentonite clay, or a combination of
these materials, may be used to seal a well.
D. Before the well hole is filled, the casing shall be removed. If the
casing cannot be removed, it shall be perforated to assure that sealing
material fills all annular spaces and voids.
E. Sealing material shall be placed from the bottom of the well upward
by methods that will avoid dilution and/or separation thereof.
F. When a well is to be abandoned, the person abandoning it or the owner
of the property (if not the person abandoning the well) shall notify
the Township prior to initiating the procedures set forth above. The
Township shall arrange with the person abandoning the well to be present
to inspect the sealing process. Records of all abandoned wells and
the process undertaken to seal same shall be maintained by the Township.
All applications for a well permit shall be accompanied by a
fee payable to the Township in accordance with a schedule of fees
established from time to time by resolution of the Board of Supervisors.
All pump information must be completed on the required form
and submitted within 30 days of installation of the pump.
If an applicant has shown that any mandatory provisions of this
article are unreasonable or cause undue hardships as they may apply
to the subject property, the Board of Supervisors shall schedule a
public hearing, upon written request of the applicant, and upon payment
of the required fee, and may in its discretion grant a variance or
waiver to such applicant from the mandatory provision of this article
so that substantial justice may be done and the public interest secured.
The granting of any such variance or waiver shall not have the effect
of nullifying the intent and purpose of this article. In granting
variances, waivers, or modifications, the Supervisors may impose such
conditions as will, in their judgment, substantially secure the objectives
of the standards or requirements so modified. Any such hearing shall
be held in accordance with the provisions of the Local Agency Law.
Approval of the application and issuance of a permit for a well
does not constitute any guarantee or warranty by the Township regarding
either quality or quantity of water that may be obtained as a result
of any well drilled under the permit. The permit provides the Township's
approval to drill a well at the site shown on the permit and does
not provide any other guarantees, approvals or warranties.
[Adopted 12-16-2008 by Ord. No. 9-2008]
There is hereby established a water district in West Manheim
Township known as the "Area Two Water District" encompassing all the
territory so identified on a plan marked Exhibit A attached hereto
and made a part hereof.
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.