[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown as indicated in article histories. Amendments noted where applicable.]
Well drilling — See Ch. 170, Art 1.
[Adopted 7-16-1991 by Ord. No. 206; amended in its entirety 10-20-2009 by Ord. No. 349]
Abandonment of a well will be deemed to exist where one of the following conditions occurs:
The owner or occupier of the property discontinues usage of the well for a period of two years.
The owner or occupier of the property improperly maintains the well so as to pose a threat to the public health and safety.
The well water is contaminated and unsafe for drinking as determined by the Doylestown Township Municipal Authority ("Municipal Authority") or its engineer.
The well water is near or within a contaminated cone of influence as determined by the Municipal Authority or its engineer.
The owner of the property requests abandonment, in writing, to the Municipal Authority.
Wells may be approved for exemption by the Municipal Authority or its Engineer for monitoring purposes only if maintained to provide access to groundwater in order to comply with local, state or federal requirements and shall be exempted from the requirements of this article as long as they are covered with a locked well cap and not used as a potable nor nonpotable water source.
Municipal Authority ordered abandonment and sealing. If the Municipal Authority determines that a well is to be abandoned pursuant to this article, the well must be sealed. All landowners whose well is ordered to be abandoned and sealed shall, prior to abandonment and sealing, be connected to a public water system, if available, in such a way that all rules and regulations of the Municipal Authority as well as the governing plumbing codes of the Township are met for such connections.
Notice of the abandonment and sealing. Upon passage of a resolution by the Municipal Authority declaring an abandonment and ordering sealing, notice shall be sent by the Municipal Authority to the owner that the abandoned well must be sealed within 30 days of receipt of said notice. The Municipal Authority or its Engineer may prescribe a shorter time for sealing a well if public health or safety is in danger.
A well shall be sealed by filling the well hole with appropriate material so as to eliminate any physical hazard of the well and to prevent groundwater contamination by pollutants moving up or down the well hole and to prevent hydrologic changes from occurring within the aquifer.
Sealing shall be completed as follows:
All casings shall be pulled or shall be cut off at least two feet below the ground surface where they are not able to be pulled.
Wells shall be filled with the appropriate material placed from the bottom of the well upward. In the event that grout or concrete is being used, it shall all be done in one continuous operation.
Appropriate sealing materials and mix ratio.
Any other materials sought to be used to seal a well must be approved by the Municipal Authority or its Engineer.
In the event that the owner or occupier fails to comply with the sealing order within the prescribed time, the Township and/or Municipal Authority may, through its duly authorized representative, enter the premises and complete the sealing at the owner's expense. If the Township or Municipal Authority shall incur expenses when sealing a well pursuant to this section, the Township or Municipal Authority may lien the property for its costs.
Any person who shall violate a sealing order or sealing procedures pursuant to this article shall be subject to judgment in an amount not to exceed $1,000, which said penalty and/or fine shall be set by the District Judge. Each day the order is violated or that the property owner fails to comply with same shall constitute a separate and distinct violation.