[HISTORY: Adopted by the Board of Supervisors of the Township of
Bern 10-1-1996 by Ord. No. 156. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Bern Township Well
Ordinance."
The intention of this chapter is to ensure and protect the quality and
suitability of domestic water supply and to secure and maintain the minimum
required isolation distances between water supplies and sewage disposal systems
or other sources of contamination.
This chapter shall apply to all wells which have not been completed
or which are not in operation or in an inoperable condition at the time of
passage of this chapter. This chapter shall further apply to the reconstruction,
major repair and other changes to existing wells, when, in the opinion of
the inspecting officer, such reconstruction, major repair and other changes
may affect the quality and suitability of the water supply on the property
upon which the well is constructed or on surrounding properties.
The following standards shall apply for water supplies:
A.
Drilled and driven wells; location. Drilled and driven
wells shall be located at a point free from flooding and at the following
minimum distances to existing or possible future sources of pollution:
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Source of Pollution
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Minimum Distance
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Storm drains
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25 feet
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Drains carrying domestic sewage or industrial wastes
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50 feet
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Septic or holding tanks
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50 feet
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Surface/subsurface sewage disposal fields
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100 feet
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Sewage seepage pits, cesspools
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100 feet
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Privies
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50 feet
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Fuel Tanks
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as approved
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Other (ditches, streams, barnyards, rainwater pits, etc.)
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as approved
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Additional Location Restrictions Driveways
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10 feet
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Principal structure/dwelling
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20 feet
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Property lines
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10 feet
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B.
Construction.
(1)
Source. The source of supply shall be from a water-bearing
formation drawn not less than 100 feet from the ground surface, with at least
20 feet of properly grouted well casing and from no formation which is subject
to pollution.
(2)
Casing. The well shall have a watertight and durable
wrought-iron, steel or other type of approved casing with a nominal thickness
of 3/16 (.1875) inches and 65/8 inches, outside diameter. The sections shall
be joined together by threaded couplings, joints, welding or any other watertight
approved joint or coupling. The casing shall be carried to a minimum depth
of 20 feet from the finished grade and in any case shall be extended 10 feet
into bedrock or other impervious strata. Driven wells shall be provided with
a drive shoe or other effective casing seal.
(a)
An annular space shall be provided between the well casing
and the earth formation of a radius at least 11/2 inches greater than the
casing radius, excluding coupling for internal pressure grouting or 11/2 inches
greater than the casing radius, excluding coupling for external grouting.
The annular space shall be completely filled with impervious cement grout
or equivalent sealing material from bottom of the casing to within five feet
of the ground surface. External grouting shall be accomplished utilizing a
tremie pipe and grout pump to force out any standing water on the outside
of the well casing.
(b)
The casing shall be sealed effectively against entrance
of water from water-bearing formations, which are subject to pollution, through
which the casing may pass. If casings of smaller diameter are used in the
lower portions of the well, effective watertight seals shall be provided between
the casings where they telescope. In such instances, sections of casing shall
telescope for a minimum distance of four feet.
(c)
The top of the well casing shall extend a minimum of
eight inches to 12 inches above the finished grade of the lot 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.
(3)
Well covers.
(a)
Every potable water well shall be equipped with an overlapping
cover at the top of the well casing or pipe sleeve. Covers shall extend downward
at least two inches over the outside of the well casing or wall. All well
caps shall indicate well driller's name, depth of well and depth of casing.
(b)
Where pump sections or discharge lines enter or leave
a well through the side of the casing, the circle of contact shall be watertight.
The use of plastic/nylon adapters for this purpose is not acceptable. A brass
pitless adapter with brass connectors or equivalent are required.
(c)
Any restoration/repair of wells with casing terminating
below grade shall be raised above grade to eight inches to 12 inches minimum.
(d)
Electrical wiring for well pumps shall be encased in
conduit from the bottom of the water supply line trench to the well cap.
(4)
Drainage.
(a)
All potable water wells and springs shall be constructed
so that surface drainage will be diverted away from the well or spring.
(5)
Pumping equipment.
(a)
All pumps installed in wells drilled to a depth greater
than 300 feet, but not to exceed 450 feet shall be installed with 200 pound
per square inch plastic pipe. Well depths exceeding 450 feet shall have pumps
installed with Schedule 80 PVC threaded pipe or galvanized steel pipe to support
the increased pumping pressure required for deeper wells. The minimum acceptable
pressure rating on plastic pipe is 160 pounds per square inch, regardless
of water supply depth.
(6)
Pump enclosure.
(a)
Any pump room or any enclosure around a well pump shall
be drained and protected from freezing by heating or other approved means.
Where pumps are installed in basements, they shall be mounted on a block or
shelf not less than 18 inches above the basement floor. Well pits shall be
prohibited.
C.
Flow requirements. This chapter places no restrictions
on quantity of water. The acceptability of water quantity is the sole responsibility
of the property owner.
D.
Well certification.
(1)
Driller's report. A report for each well shall be
prepared by the driller and shall be submitted to Bern Township for evaluation
and approval. The well report shall contain the following pertinent information:
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Owner of Property
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Date of Completion
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Depth of Well
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Well Driller
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Type and Size of Casing
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Type of Test Pump Used
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Address and Lot Number
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Depth of Casing
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Static Water Level
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Yield in Gals/Min.
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Grouting Certificate
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Pump Output-Gals/min.
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(2)
Water quality: Subsequent to house construction, but
prior to or concurrent with the request for occupancy the owner/contractor
shall initiate appropriate action to have the on-site water supply tested
by a certified laboratory, then provide to the Bern Township a laboratory
report containing the following information:
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Laboratory Test
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Maximum Contaminant Level
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Total Coliform
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0*
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Fecal Coliform
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0*
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Iron
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.3 mg/l**
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Nitrates
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10 mg/l*
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Hardness: equivalent calcium carbonates
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150 mg/l**
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*
**
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Primary Mandatory Standard
Secondary Recommended Range without Pretreatment
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E.
Dug wells. No new dug wells will be permitted in Bern
Township due to the great danger of pollution and unreliability of water supply.
F.
Springs. This section of the specification is to be used
for the reconstruction of existing springs only. Before rehabilitation shall
begin on an existing spring, a report shall be made to determine the advisability
of said reconstruction, which shall include as a minimum, quality and quantity
of water. Springs for new construction are not considered an adequate water
supply and will not be considered as valid for the issuance of a building
permit. Reconstructed springs shall be completely enclosed by walls and a
cover of reinforced concrete or equally durable watertight material. The cover
shall have a firm foundation so as to effectively prevent settling. The uphill
wall shall be so constructed as to prevent entrance of surface water. Where
manhole covers are used, the manhole shall be at least 24 inches in diameter.
It shall extend at least three inches above the surrounding ground surface
and be covered by an impervious durable cover of concrete, steel or equivalent
material which overlaps the manhole vertically by at least two inches. The
manhole cover shall be effectively secured to the manhole by bolting, locking
or equivalent means and shall be kept so secured.
G.
Abandoned water supplies. Wells, springs, cisterns and
water storage tanks, which are no longer in use shall be removed, filled or
otherwise maintained in a condition such as to prevent access by unauthorized
persons or animals to prevent accidental injury and to effectively prevent
pollution of groundwater. Abandoned wells shall be completely filled with
cement or equal impervious material. Wells and springs shall not be used for
the disposal of liquid, gaseous and/or solid wastes.
A.
No construction, drilling, digging, reconstruction, major
repair or other change of or for any well/water supply for the production
of water for domestic purposes shall commence unless the property owner or
his/her duly authorized agent, shall apply for and receive a permit for such
construction activity from Bern Township.
B.
Application for a well permit shall be made upon a form
supplied by Bern Township and shall be submitted to the Township Secretary
or inspection officer for review and approval.
Upon receipt of an application for a well permit and payment of the required fee, the township, through its duly authorized Inspection Officer, shall within seven days perform an inspection of the premises on which the well is to be constructed. The inspection shall be conducted in accordance with the provisions of this chapter and the provisions of Chapter 138, Sewers. Failure of the authorized Inspection Officer to inspect within seven days shall entitle the owner to a refund of the inspection fee. Upon completion of the inspection, the Inspection Officer shall either issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any, or refuse to issue the permit and, in such event, shall provide the applicant with written reasons for such refusal.
All permits shall be issued on a form provided by Bern Township, which
shall be executed by the duly authorized inspecting officer. All permits shall
be issued to the property owners or their duly authorized representative/well
driller.
A.
Upon completion of construction or at such other time
as the Township Inspection Officer may deem appropriate, the Inspecting Officer
shall perform a final inspection of the well/water supply to determine whether
there has been compliance with the permit issued. Upon completion of the inspection,
the Inspecting Officer shall issue an approval of operation upon the original
permit or deny such approval due to noncompliance with the permit issued,
in which event, written reasons for such denial shall be noted on the original
permit.
B.
An application for a building permit will not be accepted
and/or approved in the absence of an approved driller's report as required
and provided under the terms and conditions of this chapter.
All applications for a well permit shall be accompanied by a fee payable
to Bern Township in accordance with a schedule of fees established/revised
from time to time by the Bern Township Supervisors.
A.
All permits shall be in effect as of the date of issuance
and shall remain in effect for a period of six months. In the event that water
supply construction under the permit has not been completed at the expiration
of six months from the date of issuance, the permit shall cease and terminate.
B.
In the event that a permit expires and construction has
not begun, an application for a new permit must be submitted with appropriate
fee.
C.
A request for an extension to a permit after construction
has begun must be submitted, in writing, to the Township Code Enforcement
Officer, 10 days before the expiration date of the original permit. An extension
is limited to 30 days. Any subsequent request for an extension of time in
which to complete water supply construction shall be limited to an application
for a new permit and payment of the appropriate fee.
D.
Failure to obtain a new permit or an extension of the
original permit prior to expiration and prior to completion of construction
will result in the landowner being prosecuted in accordance with the violations
provision of this chapter.
A.
Any person, partnership or corporation who or which has
violated or permitted the violation of any provisions of this chapter shall,
upon being found liable therefore in civil enforcement proceeding commenced
by the township, pay a fine or judgment of not less than $300 nor more than
$2500 plus all court costs. In addition to the foregoing penalties, the township
may separately assess the cost of damages caused by said violation as well
as the cost of correcting the violation, including reasonable attorney's
fees. Damages resulting from a violation of a continuous nature shall be assessed
on a continuing basis not to exceed $2,500 per week for each week that the
violation continues after the date of the notice of original assessment. No
judgment shall commence or be imposed, levied or payable until the date of
the determination of violation by the District Justice. If the defendant neither
pays nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure. All judgments, costs
and reasonable attorney's fees collected for the violation of this chapter
shall be paid over to the township.
B.
The Court of Common Pleas, upon petition, may grant an
Order of Stay upon cause shown tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the township the right
to commence an action for enforcement pursuant this section.
Neither the township nor its agents, servants and/or employees shall
suffer any liability or responsibility for damage of any kind arising from
the construction, installation or failure thereof in workmanship or materials
or any well or water supply construction in accordance with the terms hereof.
