[Ord. 516, 6/3/2019]
1.
The purpose of this Chapter is to protect the quality of the groundwater
resources in West Lebanon Township. In furtherance of this overall
purpose, this chapter is specifically intended to serve the following
purposes:
A.
Protect and preserve the water resources and water supply that serves
all West Lebanon Township residents;
B.
Conserve and manage geothermal resources and thermal groundwaters
in a comprehensive and coordinated manner so as to assure the continued
availability and productivity;
C.
Establish standards of construction for geothermal heating systems,
including residential, institutional, commercial and industrial activities;
D.
Maximize the public welfare and economic benefit to be derived from
geothermal resources and thermal groundwater;
E.
Minimize the potential for damage or derogation to geothermal resources
and thermal groundwater;
F.
Protection of the surface and subsurface environment during development
and utilization of geothermal resources and thermal groundwater; and
G.
Allow for the installation and maintenance of geothermal heating
systems that are safe and efficient and to utilize modern technology.
2.
This chapter is enacted pursuant to the authority contained in the
Constitution of the Commonwealth of Pennsylvania and the First Class
Township Code, (1931 P.L. 1206, No. 331), as amended, which provision
authorizes the Township to enact regulations necessary for the proper
management, care and control of the Township and its finances and
the maintenance of peace, good government, health and welfare of the
Township and its citizens, trade, commerce and manufactures, and the
Pennsylvania Municipalities Planning Code, 53 PS §§ 10101
et seq., as amended, which provisions authorize the Township to enact
regulations regulating development and land uses to ensure the public
health and safety, provide a safe, reliable and adequate community
water supply, and to preserve natural values and aquifers.
3.
It shall be the responsibility of any person owing real property
and/or owning or operating a business in West Lebanon Township to
make a determination of the applicability of the Wellhead Protection
Overlay District as it pertains to the property and/or business under
his/her ownership or operation, and his/her failure to do so shall
not excuse any violation(s) of said section(s).
[Ord. 516, 6/3/2019]
As used in this chapter, the following terms shall have the
following meanings:
A water supply well, 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 impractical,
or which has been replaced by a new well or public water supply.
The deepening, recasting, perforating, reperforating, the
installation of packers or seals, and other material changes in the
design of a geothermal heating system.
The space between two cylindrical objects, one of which surrounds
the other, such as the pace between a drill hole and a casing pipe.
American National Standards Institute.
American Petroleum Institute.
Neat cement, cement plus bentonite, bentonite, bentonite
plus silica sand, or low-permeability ceiling material as approved
for use by the Code Official. Approved grout is to be mixed and applied
according to manufacturer's specifications (e.g., water content
and viscosity) for use in grouting wells and/or geothermal boreholes.
A geological formation, group of formations, or part of a
formation that contains sufficient saturated permeable material to
yield significant quantities of water to wells and springs.
American Society for Testing and Materials.
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 highly placid, colloidal clay composed largely of the mineral
montmorillonite.
A penetration of soil and/or rock that is augured, drilled,
cored, bored, washed, driven, dug, jetted, or otherwise constructed
which is generally cylindrical in shape and whose diameter is generally
smaller than its depth of penetration.
Solids added to a drilling fluid to bridge across the pore
throat or fractures of an exposed rock thereby building a filter cake
to prevent loss of whole mud or excessive filtrate.
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.
Chip bentonite grout is composed of dry 3/8 inch (9.5 mm)
or 1/2 inch (12.7 mm) sized chips of bentonite.
A closed-looped system where the loops of the pipe are laid
horizontally in the ground, in trenches.
A closed-loop system where the loops of the pipe are installed
vertically into the ground, in well borings.
Geothermal heat pump system which relies on the contained
circulation of geothermal fluids through any underground loop of pipes.
The loops act as a subsurface heat exchanger, which transports the
heat to or from the ground. The loop of pipe is installed either vertically
in borings or horizontally in trenches.
All 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.
Water obtained from a well, spring or other source that supplies
potable water for a private well, public water system, or semipublic
water supply.
The boring, digging, drilling or excavating of a geothermal
heating system, including the installation of casing where geothermal
heating screens.
All acts necessary to obtain groundwater, or artificially
recharged groundwater; provided, however, that such term does not
include an excavating made for the purpose of obtaining or prospecting
for oil, natural gas, minerals, or products of mining or quarrying,
or for inserting media to repressor oil or natural gas formations
or for storing petroleum, natural gas, or other products and services.
Construction of wells includes location and excavation of drilling
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 and a public water system and a system containing
a potential source of contamination.
Minimum time required for particular time for cementing or
grouting materials to harden or set up before drilling or other construction
operations can be resumed.
Pennsylvania Department of Conservation and Natural Resources.
A vertical closed-loop bore hole whose original purpose and
use have been permanently discontinued or which is in such a state
of disrepair that its original purpose cannot be reasonably achieved.
The act of rendering a well or bore hole to a condition where
there is no pathway present for surface or subsurface contaminates
to travel down to the water table.
Pennsylvania Department of Environmental Protection.
A type of geothermal heating and/or cooling system where
the heat pump refrigerant is circulated through metal piping installed
in vertical, inclined, or horizontal bore holes. This type of geothermal
system must use a cement-based, special grout in the bore holes and
must have electronic corrosion protection for the metal piping.
A fluid composed of water and bentonite used in the drilling
operation to remove cuttings from the hole, to clean and cool the
bit, to reduce friction between the drill stem and the sides of the
hole, and to plaster the sides of the hole. Such fluids range from
relatively clear water to carefully prepared mixtures of special purpose
compounds.
Flowable fill is a mixture of Portland cement (ASTM C150),
potable water, sand, and a fluidizing agent. This mixture is predominately
sand. An example mixture of flowable fill contains approximately 85%
sand, 9% water, 4% Portland cement, 2% finely ground slag, and a fluidizing
agent. Flowable fill and other bridging agents do not meet the permeability
requirements to protect groundwater quality and prevent flow between
aquifer zones.
A well that yields water by artesian pressure at the ground
surface.
To make a plastic pipe joint by heat and pressure in accordance
with the pipe manufacturer's specifications.
Any fluid transporting or capable of transporting geothermal
heat.
Heat derived from geothermal resources, or heat derived from
groundwater.
A geothermal heat pump system which relies on the contained
circulation of geothermal fluids to obtain and to utilize geothermal
resources.
The natural heat of the earth, the energy, in whatever form,
below the surface of the earth present in, resulting from or created
by, or which may be extracted from, the natural heat, and all minerals
in solution or other products obtained from naturally heated fluids,
brines, associated gases, in whatever form, found below the surface
of the earth, exclusive of oil, hydrocarbon gas, other hydrocarbon
gas, other hydrocarbon substances of helium, but specifically including:
All products of geothermal processes, embracing indigenous steam,
hot water, and hot brines;
Steam and other gases, hot water, and hot brines resulting from
water, gas, or other fluids artificially introduced into geothermal
formation;
Heat or other associated energy found in geothermal formation;
and
Any by-product derived therefrom.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted or otherwise constructed where the intended use of such
excavation is for the circulation of geothermal fluid vertically,
or the location, requisition or artificial recharge of groundwater.
(includes open- and closed-loop vertical systems).
Any water, except capillary moisture, beneath the land surface
or beneath the bed of any stream, lake, reservoir, or any body of
surface water, whatever may be the geological formation or structure
in which such water stands, flows, percolates or otherwise moves.
A high-solids fluid mixture of cement or bentonite and potable
water of a consistency that can be pumped through a tremie pipe and
placed as required. Various additives such as sand or bentonite, may
be included in the mixture to reach certain requirements.
A technique of the installation of grouting materials whereby
emplacement is achieved by positive pumping pressure through a tremie
pipe from the bottom of the zone upward.
A mechanical device used for heating and/or cooling which
operates by pumping heat from a cooler to a warmer location.
This term refers to the condition where, in the long term,
the rate of local groundwater pumping from an aquifer does not exceed
the rate of local groundwater recharged to the aquifer.
The International Ground Source Heat Pump Association.
A system, including wells, pumps, and piping equipment, which
supplies water to a private home.
The procedure employed in the placement and preparation of
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.
The Township of West Lebanon, Lebanon County, Pennsylvania.
A fluid mixture of hydrologic, cement and water with or without
admixtures in the following proportions: one bag of cement [94 pounds
(42.6 kilograms)] to not less than five gallons (18.9 liters) nor
more than seven gallons (26.5 liters) with water.
A geothermal heat pump system which relies on the circulation
of groundwater from a supply well, spring, or surface water. A source
of heat is derived from groundwater which is moved from the ground
to a heat pump. The water is then transferred to a discharge area,
typically a surface water body, storm, or sanitary sewer system or
recharge well.
Under some limited circumstances, bore hole completion without
grout (below the minimum twenty-foot depth of the approved grout surface
formation seal), may be necessary. Acceptable fill materials are site-specific
and may include, but are not limited to, bentonite chips, cutting
removed from the bore hole, clean sand, gravel or a mixture of sand
and gravel, and/or cement and water or concrete mixes.
Other methods of grout or fill placement shall be accepted
if such methods allow verification of completion. Such methods must
ensure that the grout or fill placement provides environmental protection
and the intended system performance.
The person who is the holder of the record title to real
property or the persons entitled to use the thermal groundwater at
the property.
A mechanical device that is placed in a bore hole to prevent
the vertical movement of water or grout.
A measure of the relative ease with which a porous medium
can transmit a liquid under a potential gradient. It is a property
of the medium alone and is independent of the nature of the liquid
and of the force field causing movement. It is a property of the medium
that is dependent upon the shape and size of the pores.
A natural person, firm, partnership, association, social
or fraternal organization, corporation, non-profit corporation, trust,
estate, receiver, syndicate, branch of government, or similar entities,
any group or combination thereof acting as a unit, or the successors
or assigns of any of the aforementioned.
A device or assembly of parts which 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 water produced.
The contamination or other alteration of the physical, chemical,
or biological properties of any surface waters or groundwaters which
will or can reasonably be expected to render such waters harmful,
detrimental, or injurious to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial use.
A substance consisting of molecules characterized by the
repetition of one or more types of monomeric units.
A mixture of Portland cement (ASTM C150 standard specification
for Portland cement) and not more than six gallons (22.7 liters) of
potable water per bag one cubic foot (28.3 liters) or 94 pounds (42.6
kilograms) of cement should be used according to the manufacturer's
specifications.
A system installed or altered after the adoption of this
chapter.
Water suitable for human consumption.
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 is either a community or noncommunity system 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.
Pumpable bentonite grout is a high-solids mixture of sodium,
bentonite powder or granules in potable water mixed according to the
manufacturer's specifications.
An aquifer or combination of aquifers or zones containing
a common geothermal or groundwater resource.
A well designed and constructed for the return of water to
the ground.
A mixture of Portland cement-type 1 (ASTM C150), sand and
water in the proportion of not more than two parts by weight of sand
to one part of cement with not more than six gallons (22.7 liters)
of potable water per bag of cement one cubic foot (28.3 liters) or
94 pounds (42.6 kilograms) shall be used according to the manufacturer's
specifications.
A water supply which services one or more facilities such
as industrial or commercial establishments, parks, camps, hotels,
motels, schools, institutions, eating and drinking establishments
or a water supply to two or more dwelling units and is not a public
water system as defined by the Pennsylvania Safe Drinking Water Act
(35 P.S. § 721.1 et seq.).
A type of open-loop geothermal heating and/or cooling system
that circulates groundwater from a water well through a water-source
heat pump and returns the discharged water from the water-source heat
pump to the same water well it was pumped from. The water withdrawal
and return location within the water well bore are separated as far
as is possible. Some standing-column geothermal systems discharged
some of the circulating groundwater to enhance their heat transfer.
Groundwater which is less than 250° F. at bottom-hole
temperature and possessing significant heat to be used for a direct
thermal application or in conjunction with a groundwater heat pump.
Thermally enhanced Bentonite-based grout is a high-solid
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 of set, and the
composition of the resultant slurry, must be used in accordance with
the manufacturer's specifications.
West Lebanon Township, Lebanon County, Pennsylvania.
A ridged or flexible pipe or a hose that carries the grouting
materials to the bottom of the zone being grouted. The tremie pipe
is withdrawn as the grout materials fill the annular space outside
the casing or fills the space between the loop pipes and the bore
hole wall. The end of the tremie pipe is kept submerged just below
the surface of the grout material.
The tremie pipe should 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 should be maintained as close as possible to, but not inside
of, the emplaced fill.
After water or other drilling fluid has been circulated in
the anural space sufficient to clear obstructions, grout shall be
placed by pressure pumping through a tremie pipe. The tremie pipe
should be lowered to the bottom of the zone being grouted and raised
slowly till the material is introduced.
Pennsylvania Uniform Construction Code.
A bore hole which is constructed to receive heat-exchanger
loop pipes and grout material. Fill material may be used below a minimum
depth 20 feet below grade as the subsurface conditions warrant.
That surface in an unconfined groundwater body at which the
pressure is atmospheric. It is defined by the levels in which water
stands in wells that penetrate the water body just far enough to hold
standing water.
A heat pump that uses a water-to-refrigerant heat exchanger
to extract heat from the heat source.
A well that is constructed to remove or return water to the
ground.
An 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, monitoring, or artificial
recharge of groundwater. This includes but is not limited to test
wells, test boranes, and monitoring wells in addition to wells to
be utilized as individual or semi-public water supplies.
An individual or company that is permitted or licensed by
the Commonwealth of Pennsylvania to drill wells in Pennsylvania.
A filtering device that allows groundwater from unconsolidated
and semiconsolidated aquifers to enter the well while at the same
time keeping the majority of sand and gravel out of the well and out
of the pump. A screen also supports the aquifer material and prevents
the bore hole from collapsing.
An approved device or method used to protect a well casing
or water system from the entrance from any external pollutant at the
point of entrance at the casing of a pipe, electrical conduit or water-level
measuring device.
A metal marking device supplied by the Township for installation
on the well cap for any new or reconstructed water or geothermal well.
The zone below the water table in which all interstices are
filled with groundwater.
[Ord. 516, 6/3/2019]
1.
All geothermal heating systems existing within the Township on the
effective date of this chapter shall be known as "pre-chapter geothermal
heating systems." All pre-chapter geothermal heating systems may continue
in use, as is, by the present or subsequent owner, except:
A.
If the owner of any pre-chapter geothermal heating system makes an
alteration to any part of the system, than the entire system shall
be brought into compliance with this chapter at the time of alteration;
B.
If any pre-chapter geothermal heating system is determined to be
the cause of temperature degradation of thermal groundwater, thermal
pollution of service environment and water, harmful intermixing of
geothermal fluids and other groundwater, or contamination of a community
water source or groundwater, than it shall be brought into compliance
with this chapter;
C.
If any pre-chapter geothermal heating system is determined to be defective as set forth below, it shall be subject to the provisions of the section titled "Defective geothermal heating systems." See § 12-118; or
D.
If any pre-chapter geothermal heating system is not used for its
designed purpose for a period of 12 months or more, it shall be brought
into compliance with this chapter.
[Ord. 516, 6/3/2019]
1.
In furtherance of the purposes of this chapter, it shall be the policy
of the Township that all geothermal heating systems shall be used
in such a manner as to:
A.
Conserve and protect the geothermal fluids and groundwater within
and adjacent to the Township in order to enhance reservoir productivity
and benefit, prevent wasteful distraction and disposal of geothermal
fluids and thermal groundwater, prevent geothermal fluid and thermal
groundwater temperature derogation, prevent thermal pollution of service
environments and water, and prevent harmful intermixing of geothermal
fluids and other groundwater;
B.
Allow appropriate utilization of geothermal fluids and thermal groundwater
for residential, commercial, industrial and other lawful purposes;
and
C.
Protect the public health, safety, and welfare from improperly constructed,
operated, maintained, or abandoned geothermal heating systems.
[Ord. 516, 6/3/2019]
Owners of pre-chapter geothermal heating systems within the
Township shall register their geothermal heating systems with the
Township. Said registration shall be on forms supplied by the Township
and may include, but is not limited to, the name and address of the
owner, specific location of the geothermal heating system, date of
construction, depth and diameter of the geothermal heating system,
specifications of casings, bottom hole temperature, static fluid or
water level, type of geothermal utilization system, accessibility
for monitoring devices, and disposal method, if any.
[Ord. 516, 6/3/2019]
1.
Geothermal heating systems shall be regulated on properties located
within the Township as follows:
A.
All open-loop geothermal heating systems are permitted, provided
they are reviewed and approved by the Township prior to construction.
Open-loop systems may discharge all returned water to the ground surface,
provided they do so to an infiltration bed, pond, lake, stream, or
other suitable drainage area.
B.
Discharge wells are permitted, but must be constructed using IGSHP
standards, and all neighboring water supply well owners within 500
yards shall be notified that an open-loop discharge well is being
installed near their water supply well.
C.
Vertical closed-loop systems shall be permitted, provided they are
reviewed and approved by the Township prior to construction.
D.
The Township reserves the right to require additional review by appropriate
professional engineers or geologists for all vertical closed-loop
systems.
2.
All properties within the Township should be permitted to construct
a geothermal heating system subject to the provisions of this chapter.
3.
All geothermal heating systems that are constructed or undergo alteration
within the Township subsequent to the effective date of this chapter
shall be known as "post-chapter geothermal heating systems" and shall
be subject to the requirements of this chapter.
4.
Only food-grade or USP-grade propylene glycol may be used as a geothermal
fluid. No other materials or additives may be used except for potable
water. A permanent sign must be attached to the heat pump specifying
that only approved heat transfer fluids may be used.
[Ord. 516, 6/3/2019]
Any persons desiring to construct, install, or alter a geothermal
heating system within the Township shall first apply for a geothermal
heating system permit at the Township office on forms provided for
that purpose. No person shall commence construction or alteration
of a geothermal heating system prior to the owner of the property
on which the proposed geothermal heating system will be located applying
for and receiving a permit.
[Ord. 516, 6/3/2019]
1.
All applications for a geothermal heating system permit shall be
accompanied by an application fee, which shall be nonrefundable, and
such fee shall be according to a fee schedule established by resolution.
2.
The Township shall also be entitled to recover from any owner all
costs or fees arising out of or related to the review of the application
and the inspection of the installation of a geothermal heating system.
The cost shall include, but is not limited to, engineer fees, geologist
fees, attorney fees, zoning officer fees, and any staff/employee time.
The costs may be collected as a municipal claim under applicable Pennsylvania
law.
3.
All applicants for a geothermal heating system permit shall also
obtain a building permit as per the UCC and pay all fees established
for obtaining this permit.
[Ord. 516, 6/3/2019]
The Township, or any person or persons designated by the Township,
shall review each application for conformity with the applicable Township
regulations and the UCC.
[Ord. 516, 6/3/2019]
1.
Permit decisions shall contain written findings for approval or denial
which may include, but are not limited to, the following criteria:
A.
The estimated hydrological impact of the proposed geothermal heating
system's operation upon the groundwater and surrounding geothermal
heating systems;
B.
The adequate provisions for environmental protection, public safety,
and furtherance of the purposes above;
C.
The compliance of the proposed geothermal heating system and its
use with this chapter and all other applicable laws, ordinances, and
regulations; and
D.
The basis for the design of the proposed geothermal heating system
and its necessity for the system to operate properly and efficiently.
[Ord. 516, 6/3/2019]
1.
The procedure for opening a geothermal well permit to drill a well
and then closing this permit within the Township shall be as follows:
A.
Before any drilling or site preparation begins the well driller shall
apply for a well permit from the Township. At this time, the Township
shall provide a copy of the requirements of this chapter.
B.
During the well drilling and construction process, the Township may
enter the premises anytime during normal business hours to determine
if the well is being installed according to the requirements of this
chapter.
C.
Within four weeks of the completion of the well, the well owner or
driller shall submit a copy of the Pennsylvania Department of Conservation
and Natural Resources (PADCNR) water well completion report to the
Township. In addition to this report, the well owner or driller shall
submit the following:
D.
Upon receipt of the information above, the Township shall check this
information for compliance with the requirements of this section.
Within two weeks of receiving this information, the Township shall
issue a geothermal well permit, provided that all requirements of
this chapter have been met.
E.
No geothermal well shall be put into service without receiving a
geothermal well permit and meeting the requirements of this chapter.
[Ord. 516, 6/3/2019]
1.
All geothermal heating systems and wells installed for the purposes
of heating and/or, cooling a facility must adhere to the International
Ground Source Heat Pump Associations (IGSHPA) design and installation
standards, and the installer(s) and well driller(s) must be certified
by the IGSHPA. The following requirements are based on the American
Water Works Association (AWWA) standard A100-06. AWWA standard A100-06
or its successors provide the basis for these requirements and shall
be followed in the Township.
A.
B.
Casing: not required unless otherwise determined by the Township.
C.
Grout requirements: A statement that the well has been grouted in
accordance with this section shall be submitted to the Township along
with the water well completion report.
(1)
Bentonite grout may be utilized if the manufacturer's specifications
for use in water well construction are followed.
(2)
Such grout shall be applied from the bottom of the well continually
to the top of the well with a tremie pipe, until the surface of the
ground or such location of the piping where the system is placed in
a trench and directed into the dwelling on the property.
[Ord. 516, 6/3/2019]
1.
Geothermal wells shall not be sited in floodplains.
2.
Geothermal wells must retain the required minimum installation distances
from the potential pollution sources listed in the table below unless
doing so is not feasible and the owner can provide a basis acceptable
to the Township for a lesser distance, which distance shall further
the purposes of this chapter.
3.
Potential Pollution Sources.
A.
Lakes, ponds, quarries, streams or other surface waters.
B.
Storm drains, retention basins, stabilization ponds, or stormwater
management facilities.
C.
Preparation areas or storage areas of hazardous spray materials,
fertilizers or chemicals, or salt piles.
D.
Gravity sewer lines and drains carrying domestic sewage or industrial
waste.
E.
Septic tanks, aerobic tanks or holding tanks.
F.
Subsurface sewage disposal system, elevated sand mounds, or other
sewage disposal fields.
G.
Sewage seepage pits and cesspools.
H.
Farm silos, barnyards, privies and fuel tanks.
I.
Rainwater, pits and ditches.
J.
Spray irrigation sites, sewage sludge and septic disposal sites.
K.
Property lines, driveways and private roads.
L.
Dedicated public rights-of-way.
M.
Building foundations (except for buildings enclosing water wells
and/or water well pumps.
N.
Any other source of pollution.
[Ord. 516, 6/3/2019]
Since the technology surrounding geothermal heating systems
continues to evolve and change, the Township reserves the right to
impose additional requirements on an owner seeking to install or maintain
a system, if the Township determines that such requirements are necessary
to further the purposes of this chapter. Additionally, the Township
may impose further requirements to supplement this chapter, or amend
existing requirements by resolution duly adopted at a meeting of the
Commissioners.
[Ord. 516, 6/3/2019]
The following inspections shall be required by the Township:
1.
Site inspection before any work is done, showing the location of
proposed work;
2.
Inspection of the installed loop (pressure test);
3.
Inspection of grouting;
4.
Inspection of the completely installed system before operations commence
and upon commencement of operations;
5.
Periodic inspections no less than once every three years;
6.
Inspection if geothermal system or well is abandoned; and
7.
Any other inspections required by applicable law, including the Uniform
Construction Code.
[Ord. 516, 6/3/2019]
1.
All abandoned wells must be filled and sealed by a PA/DCNR licensed
water well driller according to the PADEP/DCNR Water Well Abandonment
Guidelines. A copy of the PADEP/DCNR water well abandonment form shall
be submitted to the Township within 30 days of abandonment.
2.
Abandonment procedures shall be subject to Township inspection.
[Ord. 516, 6/3/2019]
In connection with the principal functions and activities of
the Township resource management responsibility, Township officials
may, upon reasonable notice to the owner, enter upon any property
within the Township for purposes of inspecting geothermal facilities
or monitoring the operational characteristics of such facilities when
such inspection or monitoring is reasonably necessary to the assessment
of other indices related to geothermal or groundwater reservoir management,
or protection of the public safety and welfare. The Township shall
provide affected property owners or occupants with reasonable prior
notice, describing the nature, purpose, and duration of the necessary
inspection or monitoring; such inspections or monitoring shall be
conducted in accordance with the applicable Township and state procedures
for inspections. If any person refuses to permit any officer or employee
to enter and inspect, the officer or employee shall not attempt to
force entrance, but shall, with the assistance of the Township's
Solicitor, seek an appropriate court order to enter the premises.
[Ord. 516, 6/3/2019]
Whenever the Township determines that a geothermal heating system
within the Township is by nature of its construction, installation
or operation, adversely interfering with other geothermal heating
systems, or is polluting groundwater or surface water, the Township
shall promptly notify the affected owner of the wasteful or defective
geothermal heating system and require said owner cease operation thereof
immediately. Such notice may be verbal and shall be followed up with
a written notice within 10 days of any verbal notice. If the system
is causing any adverse effects, then repairs shall be commenced immediately
and completed as promptly as possible. If the system is not causing
any adverse effects as determined by the Township, the owner shall
be allowed no more than 15 days to begin repair of the system. In
either instance, if the owner fails to act promptly, the Township
may take such repair as may be necessary, at its discretion, and the
owner shall be liable for all costs related thereto. A geothermal
heating system continuing wasteful or defective operation after the
expiration of the time provided by notice under this section shall
be prosecuted as a violation of this chapter.
[Ord. 516, 6/3/2019]
1.
Upon receipt of a written complaint setting forth the existence of
unauthorized construction, modification or use in violation of this
chapter or other notice thereof, the Township shall cause written
notice to be given either by personal service or registered or certified
mail to the owner of the property upon which the violation exists,
to immediately cease the construction, modification or the unauthorized
use of the system. Such a written notice shall be a prerequisite to
enforcement of any remedy set forth in this section. However, the
Township shall remain entitled to give initial verbal notice as described
and authorized above.
2.
The owner shall not be entitled to written notice for any subsequent
similar violations of this chapter that occur within 180 days of the
service of the first notice. The first notice shall be deemed ongoing
for any violations within that time period, and the Township may proceed
immediately with enforcement at the owner's expense.
3.
Upon failure of such owner to comply as directed in said notice,
the Township Solicitor may appear on behalf of the Township and initiate
legal proceedings to enforce the provisions of this chapter before
a District Magistrate or other appropriate judicial forum.
4.
A violation of this chapter shall be a summary criminal offense in
accordance with the First Class Township Code regarding regulations
for health, safety or welfare related to water pollution. The penalty
to be imposed shall be a minimum of $100 or a maximum fine of $1,000,
or imprisonment for a maximum period of 90 days, or both. Each day
that a violation exists is a separate violation of this chapter.
5.
The Township shall be entitled to recover from any owner all costs
and/or fees arising out of or related to the enforcement of this chapter.
Such costs include the violations of this chapter, protect the water
supply and abate nuisances. Cost shall include, but not be limited
to, engineer fees, geologist fees, attorney fees, zoning officer fees,
and any staff/employee time. The costs may be collected as a municipal
claim under applicable Pennsylvania law. The Township may also enforce
this chapter through an action in equity brought in the Court of Common
Pleas of Lebanon County.
[Ord. 516, 6/3/2019]
1.
Conflicts. Whenever there is a difference between any of the minimum
standards or provisions specified in this chapter and any provision
or standard in any other ordinance, law, or regulation of the Township,
or applicable state or federal statute and regulation, the most stringent
standard shall apply.
2.
Severability. The provisions of this chapter are severable. Should
any article, section, subsection, paragraph, or clause of this chapter
be declared by a court of competent jurisdiction to be invalid in
whole or in part, such judgment should not affect the validity of
the remainder of this chapter or any part or provision thereof, other
than the part so declared to be invalid.
3.
The provisions of this chapter apply only to geothermal wells or
the installation of geothermal heating system. The installation of
wells for domestic purposes, to include individual and semipublic
water supply systems, is regulated by separate regulations in the
Code of West Lebanon Township.
4.
All prior ordinances or regulations that are inconsistent herewith
are hereby repealed to the extent of such inconsistency.
5.
This chapter shall become effective five days after its enactment.
