[Adopted 7-3-2006 by Ord. No. 166a-2006]
For purposes of this article, the following words shall have
the meanings set forth thereafter:
Water provided through the municipal water system owned and/or
operated by the Elizabethtown Area Water Authority.
The water system owned and operated by the Elizabethtown
Area Water Authority.
Any system designed to extract water from the ground, springs
or other water source, which is not EAWA water or the EAWA water system,
including but not limited to wells and springs.
The Township of West Donegal, County of Lancaster, Pennsylvania.
Except where EAWA water is not available, it shall be unlawful
to construct, reconstruct or repair any private water system which
is designed or intended to provide water for drinking purposes. The
owners of property that currently do not have EAWA water connections,
have private wells and abut on or adjoin any street or highway in
which an EAWA water line is located shall connect such property therewith,
in accordance with all applicable Township ordinances, rules and regulations
and EAWA rules and regulations (including the payment of all applicable
fees) within 60 days after notice to such owner from the Township.
No private water system shall be used or maintained for drinking water
purposes at any time upon property which has been connected to the
EAWA water system or upon which EAWA water is available.
All new construction within the Township shall connect to the
EAWA water system, in accordance with all in accordance with all applicable
Township ordinances, rules and regulations and EAWA rules and regulations
(including the payment of all applicable fees).
All owners of property within the Township that obtain water
for drinking purposes upon the property from a private well system
shall register such private water system with the Township upon a
form prepared by the Township Manager, or his/her designee. If the
Township Manager determines that such property can be served by EAWA
water without the substantial extension of the existing EAWA water
system or EAWA water becomes available to the property, the Township
Manager shall issue a notice to the property owner requiring such
owner to connect to the EAWA water system within 60 days of the notice,
in accordance with all applicable Township ordinances, rules and regulations
and EAWA rules and regulations, including the payment of all applicable
fees, at the sole cost and expense of the property owner.
All private wells located on properties served by EAWA water
which do not meet the requirements set forth at Exhibit A,[1] attached to this article, shall be filled and sealed,
at the expense of the owner of the property upon which the private
well is located, in accordance with all applicable laws, regulations
and ordinances within 120 days of the adoption of this article or
the provision of EAWA water to the subject property, whichever occurs
later.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
Any notice provided by the Township or any other official or
employee pursuant to the terms of this article shall be provided by
any one of the following methods: personal service; certified mail,
return-receipt requested; first-class mail and posting the property
in question; any other method provided by law.
Any person, group, association or organization who violates
any provision of this article is guilty of a summary offense and shall
pay a fine not less than $100 nor in excess of $1,000. In addition
to any penalty provided hereunder, the Township may seek injunctive
relief to prevent the violation of this article.
