[HISTORY: Adopted by the Board of Supervisors
of the Township of Doylestown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
A.
The owner or occupier of the property discontinues usage of the well
for a period of two years.
B.
The owner or occupier of the property improperly maintains the well
so as to pose a threat to the public health and safety.
C.
The well water is contaminated and unsafe for drinking as determined
by the Doylestown Township Municipal Authority ("Municipal Authority")
or its engineer.
D.
The well water is near or within a contaminated cone of influence
as determined by the Municipal Authority or its engineer.
E.
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.
A.
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.
B.
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.
C.
Sealing procedures.
(1)
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.
(2)
Sealing shall be completed as follows:
(a)
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.
(b)
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.
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.
