[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-1-2000 by Ord. No. 267]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- IMPACTED AREA
- The area of Whitpain township affected by a plume of contamination which has adversely impacted the drinking water wells or residents and properties in the area and which area will be more particularly defined and delineated in an agreement between the Commonwealth of Pennsylvania, Department of Environmental Protection, and Whitpain Township, Pennsylvania, as well as a plan to be prepared by the Pennsylvania American Water Company for the water main extension required.
- IMPROVED PROPERTY
- Any property within the impacted area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
- Any person vested with ownership, company, association, society, trust corporation, municipality, municipal authority or other group or entity.
- A. Part of the water system extending from a main to the curbline or, if there shall be no curbline, extending to the property line; or
- B. If no such service connection shall be provided, "service connection" shall mean that portion of, or place in, a main which is provided for connection of any service line.
- SERVICE LINE
- The water line extension from any structure to the service connection of a main.
- WATER SYSTEM
- All facilities for the transmission and distribution of water in the impacted area.
The owner of any improved property abutting upon the water system shall connect such improved property with and shall use such water system in such manner as the township may require. The specific properties required to make connection with the water system are listed below:
The township shall make such connection, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the township, and at no expense to the owner of the improved property.
The township and/or its designee shall give at least 10 days' notice of the township's intention to make connection to the water system to each owner by a written or printed document outlining the process of connection in accordance with the provisions of this article and specifying that such connection will be made within 10 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
The owner of any improved property abutting the water system, more particularly the owners of the properties identified in § 151-2A above, shall be required to abandon and decommission any water well located on the improved property at no expense to the owner of that improved property.
The water well abandonment and decommission shall be completed at the time the improved property is connected to the water system.
The abandonment and decommission of water wells shall be made by the township, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the township.
Water wells shall be abandoned and decommissioned in accordance with the procedures and requirements of the Pennsylvania Department of Environmental Protection (DEP).
The township and/or its designee shall give at least 10 days' notice of the township's intention to owner by a written or printed document outlining the process of abandonment in accordance with the provisions of this article and specifying that such abandonment will be made within 10 days after the date such notice is given or served. Such notice shall be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
No person shall use for any purpose water from the water well located on the improved property from and after the property has been connected to the water system.
No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any main or any part of the water systems without first obtaining a permit in writing from the township and making application for service to Pennsylvania American and/or its successors or assignees.
No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:
Notify the township and Pennsylvania American of the desire and intention to connect such improved property to a main;
Apply for and obtain a permit as required;
Give the township and Pennsylvania American at least 24 hours' notice before such connection will be made in order that the township and Pennsylvania American may supervise and inspect or may cause to be supervised and inspected the work of connection and that the work meets the requirements, regulations and specifications of Pennsylvania American.
Except as otherwise provided in this Subsection C, each improved property will be connected separately and independently with a main through a service line. Grouping of more than one improved property on one service line shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the township and Pennsylvania American, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the township and Pennsylvania American.
All connections to the water system shall be subject to Pennsylvania American's regulations and specifications. Cross connection control and backflow prevention, required by the Safe Drinking Water Act of 1974 and its 1986 amendments, will be met by adherence to Pennsylvania American's service line and meter specifications.
The township and Pennsylvania American shall have the right to inspect and approve all connections to the water system. All standards of Pennsylvania American, in effect at the time of the connection, must be met by any person connecting to the system.
The installation of the water system, service connections, service lines and interior plumbing and performing services necessary to abandon water wells shall be provided to owners in the impacted area free of fees and costs. A service line shall be connected to a main at the place designated by the township and Pennsylvania American and where, if applicable, the Service Connection is provided. A smooth neat joint shall be made, and the connection of a service line to the service connection shall be secure and watertight.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to pay a fine of not more than $1,000 and/or imprisonment for a term not to exceed 60 days. Each day that a violation of this article continues shall constitute a separate offense.