Township of Whitpain, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 2-10-1958 by Ord. No. 20. Amendments noted where applicable.]
Plumbing — See Ch. 116.
Watercourses — See Ch. 149.
Chapters subject to fee schedule — See Ch. A166.
Well construction and pump installation — See Ch. A167.
The following words or phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Board of Supervisors of Whitpain Township.
Except in the case of the free-flowing wells, the daily capacity of the pumps installed and not the contemplated draft.
All acts necessary to construction of wells, such as drilling, boring, coring, washing, digging, driving or jetting. This shall not apply to drilling of blast holes in quarries or to cored holes 31/2 inches or less in diameter drilled for exploration or investigation.
A corporation, partnership, municipal authority or association, as well as a natural person.
Waters of underground streams, channels, artesian basins and other bodies of water in and under the ground, whether percolating or otherwise.
Any excavation that is drilled, cored, bored, washed, driven, dug or otherwise constructed for the location, diversion or acquisition of underground waters or charging of water into underground strata.
Any water well contractor, his employee or representative in responsible charge of drilling or otherwise constructing a well.
Editor's Note: For other pertinent definitions, see Ch. A167, Well Construction and Pump Installation, § A167-7.
The supervision and regulation of the drilling of wells and the use of underground waters is vested in the Board of Supervisors of Whitpain Township.
The Board shall have the following powers:
To obtain information on wells drilled for the purpose of compiling data on groundwater resources.
To determine or require the determination of the effect on groundwater resources of proposed withdrawals.
To adopt such rules and regulations as may be necessary to carry out the purposes of this chapter.[1]
Editor's Note: Pursuant to this provision, the Whitpain Township Well Construction and Pump Installation Code was adopted by the Board of Supervisors on February 10, 1958.
To act on applications for permits to drill wells and to divert underground water.
To inspect new and existing installations and to take or require the taking of samples as may be deemed necessary for proper supervision of construction and repair of wells in the township. Such samples shall not materially increase drilling costs.
It shall be unlawful for any person to locate, drill or have drilled any well or to install or have installed any related pumping equipment until a permit for such location, drilling, installation or alteration shall have been issued by the Board.
No new well and its related powered pumping system shall be placed in operation and no new dwelling building or addition thereto which must rely on such system for water supply shall be sold or occupied until the Board shall have issued a certificate indicating that such well and pumping system have been located and constructed in accordance with the terms of the permit issued.
Where the capacity of any new well or wells or the total capacity of old and new wells on or for use on one property is in excess of 10,000 gallons per day, or where close spacing of wells in an area so dictates, in taking action on applications, the Board shall have the authority to impose such conditions and make such requirements and limitations as may be necessary to protect the people of the township and the applicant and may issue limited or revocable permits for such wells.
No well shall be drilled nor any existing well used for the purpose of disposal of domestic or industrial wastes.
All well drillers shall, upon completion of the drilling of any well, file a report in the form to be supplied by the Board.
The owner of any well shall, upon abandonment of any existing well or test hole, effectively seal and fill such wells and test holes in accordance with the rules prescribed by the Board. A well not in operation for three or more years or improperly maintained to prevent contamination may be deemed to have been abandoned.
[Amended 10-14-1974 by Ord. No. 20-1]
Fees and charges will be in accordance with the Whitpain Township Fee Schedule.[1]
Editor's Note: A schedule of fees is on file in the office of the Township Manager.
[Amended 12-3-1973 by Ord. No. 92; 10-14-1974 by Ord. No. 20-1; 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 184]
Any person who shall fail to comply with any of the provisions of this chapter or shall violate any of the duly approved rules and regulations of the Board of Supervisors as in this chapter provided shall be liable, upon conviction, to a fine of not to exceed $600 and costs of prosecution or, upon default in payment of the fine and costs, to imprisonment in the county jail for a period not exceeding 30 days, and whenever such person shall have been notified by the Board or by service of a summons in a prosecution or in any other way that he is committing such violation, each day thereafter that he continues and persists in such violation shall constitute a separate offense.
All prosecutions for violation of this chapter shall be by summary proceedings brought in the name and for the use of the Township of Whitpain before a District Justice for said township. All fines shall be paid to the Treasurer of Whitpain Township, to apply to general funds.