[Adopted 1-22-2001 by Ord. No. 110]
The Board of Supervisors of the Township of North Coventry ("Township")
make the following findings:
A.
Insufficient regulatory standards related to the establishment
of central water systems (a defined term) have resulted and will continue
to result in the creation of many central water systems throughout the commonwealth
which are unable to provide long-term, safe, reliable water supply.
B.
A failed central water system is unable to provide adequate
water service and can become a financial burden on system customers, the Township
and North Coventry Water Authority ("Water Authority").
C.
Regulations of the Department of Environmental Protection
(DEP) require the development of a business plan for new public water systems
to establish the full costs of providing long-term, safe, reliable water supply.
D.
Provisions for adequate design, construction, operation,
management and financial standards for existing, newly created or expanded
central water systems are necessary to ensure long-term, safe, reliable water
supply.
The purpose of this article is to promote the public health, safety
and welfare of the Township residents served by central water systems by ordinance
provisions and regulations designed to ensure that existing, newly created
or expanded central water systems will continuously provide a long-term safe
and reliable water supply.
The Township is empowered to enact regulations regulating water supply
to its residents under the provisions of the Pennsylvania Municipalities Planning
Code Sections 107, 209.1, 301(b), 503.1, 503(10), 603(d), 604, and 705(j)
(MPC) (Act of 1968, P.L. 805, No. 247 as reenacted and amended).
This article shall apply to existing, newly created and expanded central
water systems within the Township whether publicly or privately owned and
managed.
Approvals issued pursuant to this article do not relieve the applicant
of the responsibility to secure required permits or approvals for activities
regulated by other applicable codes, rules, acts or ordinances.
As used in this article, the following terms shall have the meanings
indicated:
The Pennsylvania Safe Drinking Water Act (35 P.S. §§ 721.2
— 721.17).
The best technology, treatment techniques or other means which the
administrator finds are available for achieving compliance with maximum contaminant
levels.
It is a mandatory DEP requirement, effective October 1, 1996, for
all new public water systems applying to DEP for a construction permit under
the Safe Drinking Water Act to develop a business plan. The business plan
is submitted to DEP as part of the permit application. The three main components
of a business plan include development and implementation of a comprehensive
water system facility plan, management plan and financial plan to ensure that
the system provides quality water service that meets regulatory requirements.
Its main purpose is to determine the full costs of providing such service
through appropriate and continuous planning efforts and to prevent the creation
of nonviable water systems.
A publicly or privately-owned system of piping, tanks, pumping facilities
and treatment works, or any combination of these elements for the treatment
and distribution of drinking water serving two or more residences in a service
area limited to specific lots, subdivisions or land developments.
The parts of a public water system occurring prior to treatment,
including source, transmission facilities and pretreatment storage facilities.
A physical, chemical, biological or radiological substance or matter
in water.
The capacity of system facilities to store water which is ready for
distribution to the users.
A part of a public water system used for collection, treatment, storage
or distribution of drinking water.
An individual, partnership, association, company, corporation, municipality,
municipal authority, political subdivision or an agency of federal or state
government. The term includes the officers, employees and agents of a partnership,
association, company, corporation, municipality, municipal authority, political
subdivision, or an agency of federal or state government.
A person who owns or operates a public water system.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average of
at least 25 individuals daily at least 60 days out of the year. The term includes
collection, treatment, storage and distribution facilities under control of
the operator of the system and used in connection with the system. The term
includes collection or pretreatment storage facilities not under control of
the operator which are used in connection with the system. The term also includes
a system which provides water for bottling or bulk hauling for human consumption.
Water for human consumption includes water that is used for drinking, bathing
and showering, cooking, dishwashing or maintaining oral hygiene.
Any building or structure intended for human occupation or habitation.
The minimum reliable yield available during a drought with a recurrence
interval (TR) of once every 50 years.
The place from which water for a public water system originates or
is derived, including, but not limited to, a well, spring, stream, reservoir,
pond, lake or interconnection.
The movement of water from the source to a point of storage, treatment
or distribution or from the point of treatment to the distribution system.
A.
No central water system shall operate or expand except
in conformity with the provisions of this article. For a subdivision or land
development that will be completed in phases, the article provisions which
apply to the full build-out of the project shall and be used to design the
water supply system beginning with the first phase proposed after the effective
date of this article.
B.
All documentation required under §§ 355-12 through 355-17 shall be submitted to the Water Authority for review.
(1)
All central water systems shall be developed, permitted,
operated and maintained in accordance with DEP Ordinance 109 regulations,
and standards contained in the DEP'S Public Water Supply Manual, and
generally accepted waterworks practice.
(2)
All privately-owned central water systems shall satisfy
applicable regulations of the Pennsylvania Public Utility Commission (PUC).
(3)
Each newly created or expanded central water system shall
develop and maintain a water service business plan to demonstrate viability.
The business plan shall be submitted to the Water Authority at the time the
business plan is submitted to DEP. The business plan shall address all appropriate
physical, operational, managerial and financial issues, and shall be prepared
consistent with DEP, PUC and/or American Water Works Association (AWWA) guidelines.
(4)
When a new central water system requiring a construction
permit from DEP is proposed in connection with development activities, the
developer shall be responsible for preparing and submitting a water system
business plan to DEP as part of the construction permit application.
(5)
The developer shall secure all necessary permits from
DEP and other governmental agencies.
(6)
Whenever applicable, water system materials and equipment
shall conform to currently adopted AWWA standards.
A.
General.
(1)
The investigation of water demands is an important first
step in evaluating a water system's viability.
(2)
Water demands shall be projected at least five years
into the future.
(3)
Water system facilities must be evaluated to determine
their ability to satisfy projected demands; improvements will be recommended
by the Water Authority to correct any deficiencies.
B.
Estimated demands.
(1)
System demands, including average daily and maximum daily
demands, shall be projected based on evaluations of past water demands, past
and future service area user or population data, and other applicable usage
factors; peak hourly demands must be projected for those systems which are
not providing fire protection service and those with inadequate distribution
storage capacity.
B.
Source capacity.
(1)
The safe yield of system supplies shall equal or exceed
the predicted maximum daily demand (demand on day of greatest use) during
the system design year, which shall be at least five years into the future.
In the case of large reservoir supplies, which provide at least 200 days of
storage for the average daily system demand, the safe yield shall equal or
exceed the predicted average daily demand.
(2)
The safe yield shall be determined based on an engineering
evaluation of available information, including, but not limited to, permitted
withdrawal capacity, operating records and expenses, source capacity tests,
and general hydrologic and hydrogeologic data. Supplemental tests or measurements
shall be performed if insufficient data exist from which to make a reliable
assessment.
C.
Reliability.
(1)
Unless waived by the Water Authority, two or more independent
sources of supply shall be available for each water system; the available
safe yield shall equal or exceed the system design demand (maximum daily demand)
with the largest source out of service.
(2)
Important supply facilities and equipment, such as critical
pumps and disinfection units, shall be provided in duplicate, or appropriate
spare equipment and parts shall be readily available.
D.
Water quality.
(1)
Sources of supply shall be developed generally from sources
that constitute the highest quality raw water sources reasonably available.
(2)
Sources of supply shall be continuously protected from
actual or potential adverse impacts of pollution sources by adherence to applicable
resource protection requirements, such as wellhead protection requirements
and minimum construction standards.
(3)
Wells as a source of supply shall be located based on
the results of sanitary surveys conducted in accordance with DEP guidelines,
and shall be constructed in accordance with DEP Public Water Supply Manual
requirements.
E.
Treatment.
(1)
All aspects of treatment, including design, construction
and operation shall satisfy DEP requirements, as outlined in the DEP Public
Water Supply Manual.
(2)
Sufficient treatment shall be provided to render the
water safe and palatable for human consumption.
(3)
Minimum treatment requirements, consistent with the DEP
Public Water Supply Manual, are disinfection for groundwater sources and filtration/disinfection
for surface water sources.
(4)
Required treatment processes are dependent on source
water quality; all facilities and equipment shall be properly sized pursuant
to DEP requirements if applicable or Water Authority standards if DEP has
not set an applicable standard. The treatment processes shall also be sequenced
and utilized to perform their intended function.
(5)
Finished water shall continuously satisfy Safe Drinking
Water Act (SDWA) maximum contaminant levels (MCLs) and meet other quality
goals and requirements established by the SDWA.
(6)
Water quality shall be monitored in accordance with SDWA
requirements (to determine compliance) and generally accepted practice (to
optimize operations).
(7)
Sufficient storage volume shall be provided, prior to
delivering water to the first distribution system customer, to satisfy the
DEP's disinfectant contact time requirements.
F.
Miscellaneous.
(1)
Each system shall develop and maintain a water conservation
program.
(2)
Each system shall prepare and maintain a contingency
plan describing actions to be taken in the event of supply or treatment system
failure, or other applicable system emergency.
(3)
Each system shall identify, evaluate and implement, where
feasible, interconnections with neighboring systems.
(4)
Each central system serving less than the equivalent
of 3,000 persons shall also identify, evaluate, and implement if feasible
appropriate regionalization measures.
A.
Pumping.
(1)
Water pumping facilities shall be capable of meeting
applicable peak design demands with the largest pump out of service; peak
design demands shall be established based on intended service and in-system
conditions, including the presence or absence of distribution storage. If
distribution storage is present and adequate, then pumping capacity shall
equal or exceed maximum daily demand. If distribution storage is absent, then
pumping capacity shall equal or exceed maximum daily demand plus fire demand.
(2)
Pumping stations shall be automated and shall include
appropriate monitoring, control and alarm function.
(3)
Duplicate or spare pumps and accessories shall be provided
to insure continuous service.
(4)
If there is no distribution storage capacity available
to meet demands during an electric power failure, then emergency power (e.g.,
generator set) shall be provided at the pumping station.
(5)
All pumping facilities shall be metered as to delivery
rate and quantity.
B.
Distribution storage.
(1)
Sufficient (according to minimum criteria described below)
effective floating or ground-level distribution storage capacity shall be
provided to satisfy the system's need for operating, fire and emergency
reserve service.
(2)
The effective operating storage volume shall be based
on actual operating experience or a minimum of 25% of average daily demand
if such experience data are not available.
(3)
The effective storage volume provided shall, as a minimum,
be equal to the sum of operating storage, plus a fire reserve capacity of
30,000 [500 gallons per minute (gpm) for 60 minutes], plus an emergency reserve
capacity of 25% of average daily demand.
(4)
The distribution storage capacity provided should be
of the floating type; pumped storage is a permissible option by waiver from
the Water Authority, providing the associated pumping capacity is increased
to meet peak demand (maximum daily demand plus fire demand) and necessary
auxiliary power is provided.
(5)
Preferred floating distribution storage should be provided
at suitable, high elevation sites, or otherwise be elevated sufficiently to
provide adequate customer service pressures. The bottom elevation of the available
storage volume should be at least 115 feet higher than the average service
area elevation and at least 70 feet higher than nearby high elevation customers.
A.
Service pressures.
(1)
Normal service pressures shall range between 50 and 75
pounds per square inch (psi) whenever feasible.
(2)
Maximum service pressures shall not exceed 80 psi, if
avoidable; if such excess pressures are unavoidable, individual service connections
shall include a pressure reducing valve (PRV).
(3)
PRV's shall not be installed within the distribution
piping network, since a PRV restricts hydraulic service, waste energy, and
constitute ongoing maintenance requirements.
(4)
Minimum service pressures during peak flow periods shall
not fall below 30 psi, except during fire service conditions when minimum
service pressures shall not fall below 20 psi.
B.
Network of mains.
(1)
Water mains shall be sized according to all applicable
current and probable future water service needs.
(2)
Residential area mains shall be minimum six-inch diameter;
minimum eight-inch diameter main sizes shall be utilized within nonresidential
areas.
(3)
Mains shall be AWWA approved in all respects; cement-lined
ductile iron pipe shall be installed unless a waiver is given by the Water
Authority.
(4)
Mains shall be looped (fully interconnected with one
another) to improve hydraulics, water supply and emergency service conditions.
(5)
The network shall include sufficient valves, blowoffs,
air release valves, hydrants, and piping stubs for future extensions.
(6)
Mains shall be tested for leaks when installed; allowable
leakage shall satisfy AWWA 0600-87 Standard or revisions thereto.
C.
Fire service.
(1)
Fire protection service is an appropriate and expected
ingredient of all public water systems.
(2)
All systems which serve more than 100 residential service
connections or which serve nonresidential customers shall include adequate
fire service protection capabilities.
(3)
All systems which serve 100 or less residential service
connections, and which do not provide full fire service protection capability
at the outset shall be designed to facilitate its subsequent addition by including
adequate pipeline sizing and stub tees for hydrants within the constructed
system.
(4)
Those systems which do not provide full fire protection
service shall make appropriate arrangements with community/volunteer fire
companies to provide such service.
(5)
The minimum residential area fire flow shall be 500 gpm;
minimum fire flows of 1,000 gpm shall be provided for systems which serve
nonresidential users.
(6)
The available fire flow duration shall be a minimum of
one hour based on the required minimum fire flows and the effective storage
available.
(7)
During fire service conditions, pressures in the distribution system shall not fall below 20 psi, also as indicated under § 355-16A(4).
(8)
Hydrants shall be provided and situated such that customer
buildings being protected are within 300 feet of a hydrant.
D.
User connections.
(1)
User service lines, meters and appurtenances shall be
sized to meet anticipated peak instantaneous service requirements. The minimum
size user service pipeline shall be 3/4-inch diameter which satisfies peak
instantaneous service requirements for a typical residential or small commercial
user; sizing of service lines and meters for nonresidential customers must
be determined on an individual basis in accordance with AWWA guidelines.
(2)
Service connection piping and appurtenances shall be
AWWA approved; copper tubing is the preferred service pipeline material.
(3)
Service connections shall include a corporation stop;
curb stop/box and meter; other appurtenances, such as PRV's or backflow
prevention devices may be required by the Water Authority in accordance with
individual water system conditions and/or requirements.
(4)
The need for and type of backflow prevention device to
be provided at user services shall be determined in accordance with Part VII,
Cross Connection Control, of the DEP Public Water Supply Manual.
(5)
User metering shall be provided consistent with water
system requirements, either within a meter pit (typically located at the user
property line or right-of-way line) or within the users' premises where
it shall be furnished with a remote readout device.
(6)
No other water source shall be connected to the users'
service or plumbing system; all existing or potential cross-connections of
this type shall be eliminated.
A.
Financial. Sufficient revenues shall be generated to
meet day-to-day, operating and maintenance expenses of the system plus provide
a minimum reserve of 10% of such expenses for routine capital improvements
and most extraordinary repairs.
B.
Management.
(1)
While satisfying the requirements of this article, water
system owners and operators shall employ sound business principles consistent
with management guidelines and advice provided by regulatory agencies and
the AWWA.
(2)
Water systems shall be operated and/or supported by certified
waterworks operators whose numbers and certification levels shall comply fully
with DEP regulations.
(3)
Each system shall develop a DEP approved Operating and
Annual Maintenance Plan in accordance with Part V of the DEP Public Water
Supply Manual.
(4)
Each system shall maintain the total quantity of unaccounted
for water (all nonmetered user consumption) below 15% of average daily demand.
(5)
Each system shall prepare scaled location map of its
facilities, including all underground pipelines and appurtenances, designating
sizes and/or capacities of all system elements.
(6)
Each system shall establish and maintain rules and regulations,
which shall govern the water service relationship between the system owner
(provider) and the users; these rules and regulations shall be readily available
to users upon request.
(7)
Each system shall establish public announcement and information
procedures and/or activities designed to maintain user awareness and provide,
users with ready access to system information and emergency phone, fax, and
e-mail access.
Any existing central water system lawfully in operation within the Township
prior to the effective date of this article shall continue to exist and operate
so long as it remains in compliance with applicable federal, state and local
regulations.
A.
The Water Authority shall inspect all phases of the installation
of the central water system facilities and the completed installation for
purposes of determining compliance with this article.
B.
If at any stage of the work the Water Authority determines
that the central water system facilities are not being installed in accordance
with the approved system plan, the Water Authority shall notify the developer
in writing of the violations and establish a time limit for correction of
the violation(s).
A fee shall be established to defer all municipal costs for central
water system plan review and processing.
The fees required by this article shall at a minimum cover:
A.
The review of the central water system plan by the Water
Authority engineer.
B.
Administrative and clerical costs.
C.
Inspections.
D.
Resubmittal of a modified plan for review.
E.
Any additional work required to enforce any provisions
regulated by this article, correct violations, and assure the completion of
stipulated remedial action.
A.
Whenever the Code Official or the Code Enforcement Officer
believes or has cause to believe that here has occurred and/or is continuing
any violation of the provisions of this article or any rules, regulations,
or resolutions adopted pursuant to this article, the Code Enforcement Officer
shall give notice of such violation to each person responsible therefor, and
such notice shall:
(1)
Be in writing and state the place and location of the
violation.
(2)
State the nature, condition and manner of the violation.
(3)
State the determination of the Code Enforcement Officer
with respect to the violation.
(4)
State the name of each person deemed responsible by the
Code Enforcement Officer for such violation, together with the name of the
owner of the property upon which the violation occurred and/or is located.
(5)
State the date of the notice and the period of time, if any, allowed for compliance with this article, as such period of time is specified in Subsection C of this section.
(6)
Serve upon the owner of the property involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and service of such notice shall be made upon the owner and each such other person, if any, either personally or by certified first-class mail, return receipt requested, postage prepaid, sent to the last known address of such owner and each such person.
B.
The requirements for service of notice as contained in
this article shall apply only as to notification of the first occurrence of
any violation. The issuance of a notice thereafter regarding any repeated
occurrence of the same violation shall not be required prior to imposition
of penalties as provided for in this article.
C.
The period of time within which a person determined to be responsible, pursuant to Subsection A(4) of this section, for any violation shall comply with the specific provisions of this article, following the issuance of a notice, shall be the period of time determined by the Code Enforcement Officer, taking into consideration the nature and the degree of danger to public health and safety posed by such violation. The notice of any violation may require immediate compliance with this article (any such notice requiring immediate compliance hereinafter referred to as an "emergency order") when it is determined by the Code Enforcement Officer that the violation in question presents an immediate and present danger or nuisance to the health, safety and welfare of the public, and, in such case, notice of the violation constituting such emergency order may be verbal (which verbal notice shall thereafter be confirmed with a written notice) and shall be served personally upon the person, if available, who has caused and is responsible for or in control of said violation, and such notice constituting such emergency order may require the immediate correction and discontinuance of the violation and compliance with this article.
D.
Notwithstanding any such notice requirements of this
section when it is determined by an officer of the Township of North Coventry
Police Department that an immediate, present danger exists to the health,
safety and welfare of the public, said officer shall enforce the provisions
of this article being violated by verbal notice constituting an emergency
order, without need for the issuance of any written notice of any violation.
A.
Any person aggrieved by a determination or order issued
by the Code Official or by any rule or regulation may appeal said notice,
determination, order, rule or regulation to the Water Authority sitting as
an Appeals Board. Any such appeal must be filed in writing with the Code Official's
Office within 10 days after the receipt by the appellant of such notice, determination
or order, or within 20 days after such rule or regulation is approved by Township
of North Coventry.
B.
The Appeals Board shall hold a public hearing under the
Local Agency Law on any such appeal within 30 days after the date the appeal
is filed. Public notice of the hearing shall be given, not less than 15 days
prior to the date of the hearing, to the appellant, to the Code Enforcement
Officer and to any other person who may request such notice.
C.
At the hearing the Appeals Board shall review the notice,
determination, order, rule or regulation which is the subject of the appeal,
take such testimony, hear such witnesses and, by a concurring vote of the
majority, shall reverse or affirm, wholly or partly, or modify the notice,
determination, order, rule or regulation appealed.
D.
Within 20 days after the hearing, the Appeals Board shall
advise the appellant in writing of its decision, and a copy of said decision
shall be filed with the Secretary of the Township and the Code Official's
office.
E.
Decisions of the Appeals Board may be further appealed
to the Court of Common Pleas of Chester County within 30 days after receipt
of the decision, or as otherwise provided by law.
F.
Any person to whom an emergency order is issued may file
an appeal to the Appeals Board as provided for in this section, but such appeal
shall not excuse the need for immediate compliance with such emergency order,
nor shall such appeal serve as a supersede as to the immediate effectiveness
of the emergency order.
A.
Any person violating any provision of this article which
violation causes a system hazard or caused contamination or pollution which
creates a hazardous condition to the water system or general public, shall,
upon conviction in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated shall
also constitute a separate offense.[1]
B.
Any person who violates or permits a violation of this
article shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay a fine
of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this article. No judgment
shall be imposed until the date of the determination of the violation by the
Magisterial District Judge. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township are hereby
authorized to seek equitable relief, including injunction, to enforce compliance
herewith[2]
C.
Every violation of this article shall constitute a separate
offense, and each day such violation exists shall constitute a separate offense.
D.
The penalties as prescribed above shall be imposed and
collected in the manner provided for by the Township Code in the case of violations
of Township ordinances.
E.
The Township shall have the right in addition to the
penalties imposed herein to lien the responsible person for costs and expenses
incurred by the Township or the Water Authority for testing and remediation
of any condition causing the Township or Water Authority to incur expenses
resulting from a violation of this article. In the event that a responsible
party cannot be liened then the Township may bring suit for collection.
