The purpose of this chapter is to ensure and protect the quality
and suitability of individual water supply systems by a permit procedure;
to require a permit for the construction of individual and semi-public
water supply systems and wells, production wells, test wells and monitoring
wells; and to establish minimum construction standards for these systems,
including their location, installation, reconstruction, replacement,
alteration, modifications, reactivation, or abandonment.
The scope of this chapter applies to all individual and semi-public
(community) water supply systems. Those defined by the Pennsylvania
Department of Environmental Protection as public water systems (at
least 15 service connections or regularly serving no fewer than 25
individuals daily at least 60 days out of the year) are exempt from
this chapter.
The governing body is hereby authorized and empowered to adopt
such rules and regulations concerning well drilling which it may deem
necessary from time to time to effectuate the purposes herein.
All such rules and regulations adopted by the governing body
shall be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
The governing body shall have the right and power to fix, charge,
and collect fees, assessments and other charges in the municipality
as adopted from time to time by resolution of the Board of Supervisors.
The following words and terms when used in this chapter shall
have the following meanings unless the context specifically and clearly
indicates otherwise:
ABANDONED SUPPLY
A supply, the regular use of which has been discontinued
for a period of one year or more, or which is in such a state of disrepair
that continued use for the purpose of obtaining groundwater is impracticable,
or which has been replaced by a new well or public water supply.
ALTERATION
Any action which necessitates entering a well with drilling
tools; treating a well to increase yield; altering the physical structural
depth of the well; blasting; removal or replacement of well casing.
ANNULAR SPACE
The space between two cylindrical objects, one of which surrounds
the other, such as the space between a drill hole and a casing pipe
and a liner pipe.
ANSI
The American National Standards Institute.
API
The American Petroleum Institute.
AQUIFER
A geological formation that contains and transmits water.
ASTM
The American Society for Testing and Materials.
AWWA
The American Water Works Association.
BACKSIPHONAGE
The flowing back of used, contaminated or polluted water
from a plumbing fixture or vessel or other sources into a potable
water supply pipe due to negative pressure in such pipe.
BOREHOLES
The access to the earth's heating and cooling capacity through
a vertical hole constructed with well drilling equipment. The hole
is fitted with a conduit for circulating a liquid. The space around
the conduit and drilled walls is completely and totally filled with
bentonite slurry and bentonite pellets.
CASING
An impervious durable pipe placed in a well to prevent the
walls from caving and to seal off surface drainage or undesirable
water, gas or other fluids and prevent their entering the well.
COLIFORM
All of the aerobic and facultative anaerobic, gram-negative,
non-spore-forming, rod-shaped bacteria which are capable of fermenting
lactose with gas formation within 48 hours at 35° C.
COMMUNITY WATER SYSTEM
A water system which serves fewer than 15 service connections
used by year-round residents or regularly serves fewer than 25 year-round
residents.
CONSTRUCTION OF WELLS
All acts necessary to obtain groundwater or artificially
recharge groundwater; provided, however, such term does not include
an excavation made for the purpose of obtaining or prospecting for
oil, natural gas, minerals, or products of mining or quarrying, or
for inserting media to repressure oil or natural gas formations or
for storing petroleum, natural gas, or other products and services.
Construction of wells includes the location and excavation or drilling
of the well, but excludes the installation of pumps and pumping equipment.
CONTRACTOR
Any individual, partnership, company, association, corporation,
group or entity employed, hired, contracted or otherwise engaged by
the owner to perform defined services for compensation.
CROSS-CONNECTION
An arrangement allowing either direct or indirect connection
through which backflow, including backsiphonage, can occur between
the drinking water in a public water system and a system containing
a potential source of contamination.
DOMESTIC WATER USE
The use of water for domestic use; water that is used by
people or organizations that use their own wells to supply their water,
as opposed to publicly supplied water.
DEP
The Pennsylvania Department of Environmental Protection.
FLOWING WELL
A well that yields water by artesian pressure at the ground
surface.
GOVERNING BODY
The Board of Supervisors of Straban Township, Adams County,
Pennsylvania.
GROUNDWATER
Water found below the land surface. It is found in aquifers,
in the pore spaces of rocks, in unconsolidated sediments, as permafrost,
and as soil moisture. Groundwater flows to the surface naturally at
springs and seeps and can form oases or swamps. It may also be tapped
artificially by the digging of wells.
GROUT
A permanent watertight joint or connection made by filling
with concrete, neat cement, or other approved impervious material
between the casing and the undisturbed formation surrounding the well
or between two strings of casing.
INDIVIDUAL WATER SUPPLY
A system including wells, pumps, and piping equipment, which
supplies water to a private home.
INSTALLATION OF PUMPS AND PUMPING EQUIPMENT
The procedure employed in the placement and preparation for
operation of pumps and pumping equipment, including all construction
involved in making entrance to the well and establishing seals, but
not including repairs to existing installations.
LAND USE PERMIT
No land use permit application will be accepted and/or approved
in the absence of an approved well construction completion report
issued under the terms and conditions of this chapter.
MUNICIPALITY
The Township of Straban, Adams County, Pennsylvania.
NSF
The National Sanitation Foundation.
OWNER
Any person vested with sole or partial, legal or equitable
ownership of property located in the Township.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
PITLESS ADAPTER
A device or assembly of parts which will permit water to
pass through the wall of the well casing or extension thereof, and
which provides access to the well and to the parts of the water system
within the well in a manner to prevent entrance of pollution into
the well and the water produced.
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 is either a community or non-community system and includes
collection, treatment, storage and distribution facilities under the
control of the operator of the system and used in connection with
the system. The term also includes a system which provides water for
bottling or bulk hauling for human consumption.
SEMI-PUBLIC WATER SUPPLY
A water supply which services one or several facilities such
as industrial or commercial establishments, parks, camps, hotels,
motels, schools, institutions, eating and drinking establishments
or a water supply which services two or more dwelling units and is
not a public water system as defined by the Pennsylvania Safe Drinking
Water Act (35 P.S. 721.1 et seq.).
TOWNSHIP
Straban Township, Adams County, Pennsylvania, a governmental
jurisdiction or governing body represented by the Board of Township
Supervisors.
WATER WELL
An excavation or structure created in the ground by digging,
driving, boring or drilling to access water in underground aquifers.
WELL
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed when the intended use of such
excavation is for the location, acquisition or artificial recharge
of groundwater. This includes but is not limited to test wells, test
borings, and monitoring wells, in addition to wells to be utilized
as individual or semi-public water supplies as well as geothermal
systems.
WELL DRILLER
An individual or company that is licensed by the Commonwealth
of Pennsylvania to drill wells in Pennsylvania.
WELL SEAL
An approved device or method used to protect a well casing
or water system from the entrance of any external pollutant at the
point of entrance into the casing of a pipe, electric conduit or water
level measuring device.
WELL TAG
A metal marking device supplied by the well driller for installation
on the well cap for every new or reconstructed water well or geothermal
well.
The owner of the property on which a well for domestic water
geothermal wells and geothermal borehole(s) use is to be utilized
shall:
A. Apply to
the Township for a well permit, providing on the prescribed form:
name and address of applicant, name and address of landowner where
well is to be drilled, name and address and license number of well
driller, site location and address, and proposed date for drilling
to begin. A site plan (sketch) showing the location of existing or
proposed buildings, driveways, septic systems within isolation distance
as required by DEP, including adjoining properties, and other wells
must be attached to the application.
B. Have all
wells constructed by a qualified Pennsylvania licensed well driller
to meet, at a minimum, the rules and regulations of this chapter and
any administrative agency of the Commonwealth of Pennsylvania.
C. Submit any relevant information or data concerning the constructed well to the Township, including a signed well construction completion report (please see §
135-10V) and a copy of well water test results obtained from the well driller, prior to issuance of a land use permit.
The source of supply shall be from a water-bearing formation
drawn not less than 35 feet from the ground surface. Capped wells
shall be located at a point free from flooding, at a higher elevation
(wherever possible) and at the following minimum setback distances
to existing or potential sources of pollution:
Source of Pollution
|
Minimum Setback Distance
(feet)
|
---|
Lakes, ponds, streams or other surface waters, delineated wetlands,
and floodplains
|
25
|
Storm drains, retention basins, stabilization ponds or stormwater
management facilities
|
25
|
Preparation area or storage area of hazardous spray materials,
fertilizers or chemicals, salt piles
|
100
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste
|
50
|
Septic tanks, aerobic tanks or holding tanks
|
50
|
Subsurface sewage disposal systems, elevated sand mounds, other
sewage disposal fields
|
100
|
Sewage seepage pits, cesspools
|
100
|
Farm silos, barnyards, privies and fuel tanks
|
100
|
Rainwater pits, ditches
|
25
|
Spray irrigation sites, sewage sludge and septage disposal sites
|
100
|
Property lines, driveways, and private roads, and public sewer
laterals
|
10
|
Dedicated public right-of-way
|
20
|
Building foundations (except for buildings enclosing water wells
and/or water well pumps and any other source of pollution as approved)
|
30
|
An application fee shall be paid at the time the completed application
for a well construction permit is presented to the Township office.
In no case shall the application be approved prior to payment of this
fee.
In addition to any remedies provided in this chapter, any violation of §§
135-10 and
135-11C above shall constitute a nuisance and shall be abated by the municipality or the governing body by either seeking mitigation of the nuisance, by institution of a suit or suits in equity to retrain or prevent violations of the aforesaid sections, or by seeking a mandatory preliminary injunction under any applicable law, or by seeking other legal relief from a court of competent jurisdiction.
Approval of an application and issuance of a permit for a well
on the property described on the application does not constitute any
guarantee or warranty by Straban Township regarding quantity or quality
of water that may be obtained as a result of any well drilled under
this permit. This permit provides Straban Township's approval to drill
a well at the site shown on the application, and does not provide
any other guarantees, approval, warranties, etc.