[HISTORY: Adopted by the Board of Supervisors of the Township of
Whitpain 2-10-1958 by Ord. No. 20. Amendments
noted where applicable.]
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.
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:
A.
To obtain information on wells drilled for the purpose
of compiling data on groundwater resources.
B.
To determine or require the determination of the effect
on groundwater resources of proposed withdrawals.
D.
To act on applications for permits to drill wells and
to divert underground water.
E.
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]
[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]
A.
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.
B.
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.
