[HISTORY: Adopted by the Board of Supervisors of the Township
of Marlborough as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch.
215.
[Adopted 9-23-1991 by Ord. No. 91-3]
The purpose of this article is to:
A. Allow for the protection, orderly development and management of the
groundwater resources in the Township of Marlborough Township, Montgomery
County, Pennsylvania;
B. Ensure that new wells constructed within the Township are able to
provide a reliable, safe, and adequate water supply to support intended
use; and
C. Provide for certain well construction and testing criteria to insure Subsections
A and
B, above, and initiate a data base for long-term planning and resource management.
This article shall apply to all wells to be drilled, or which
are not in operation or are not in operable condition at the time
of passage of this article. It shall not, however, apply to wells
intended to serve single-family dwellings already drilled at the time
of passage of this article which are not yet in operation, and operable
wells on properties that are vacated while being sold, unless substantial
modification occurs.
A. It shall be unlawful for any person to locate, drill or have drilled
any well; to install or have installed any relating pumping equipment;
or to alter an existing well until a permit for such location, drilling,
installation or alteration shall have been issued by the duly appointed
Code Enforcement Officer or other proper representative of the Township.
B. No construction, drilling, digging, reconstruction, major repair,
abandonment, retirement, or other change of or for any well for the
production of water shall commence unless the property owner, or a
duly authorized agent, shall apply for and receive a permit for such
activity from the Township.
C. No permit is required for work on an existing well's pumping
system unless that work increases the withdrawal capability of the
system and the daily pumpage.
D. Where applicable, approval by Township shall be in addition to approvals
by the commonwealth and the Delaware River Basin Commission (DRBC),
and not in lieu of.
Every corporation, organization, private or public company or
individual must obtain a permit from the Township to construct a well.
For those wells to be constructed for public water supply use, the
applicant must first obtain approval of the drilling site from the
Township and the Pennsylvania Department of Environmental Protection
(PA DEP) or the County Health Department acting in behalf of the PA
DEP.
A. Application forms.
(1) Application for a well permit shall be made by the property owner
or his agent upon a form supplied by the Township, and shall be submitted
to the duly appointed Code Enforcement Officer or other proper representative
of the Township. It shall be the obligation of the applicant to bring
this article to the attention of the well driller.
(2) The application shall set forth the name or names of owners of the
property, a sketch of the premises showing the proposed location of
the well, the location or proposed location of all buildings and septic
tanks and drain fields, the boundary lines of the premises and such
other information as may be required thereon.
B. Site inspection. Upon receipt of an application for a well permit,
the Township, through its duly appointed Code Enforcement Officer
or other proper representative, shall within 30 days review the site
plan showing the location of the proposed well and perform an inspection
of the premises on which the well is to be constructed to determine
if the location conforms to acceptable standards. The inspection shall
be conducted in accordance with the provisions of this article and
the provisions of any and all other relevant ordinances of the Township.
Upon completion of the inspection, the inspection officer shall either:
(1) Issue a permit to the applicant indicating the approved location
for the well and special instructions for construction, if any; or
(2) Refuse to issue said permit and, in such event, shall provide the
applicant with written reasons for such refusal.
All permits shall be in effect as of the date of issuance and
shall remain in effect for a period of one year. In the event that
construction under the permit has not been completed at expiration
of one year from the date of issuance, the permit shall expire, the
validity of the permit shall cease and terminate, and all fees paid
will be forfeited.
All applications for a well permit shall be accompanied by a
fee payable to Marlborough Township in accordance with a schedule
of fees established from time to time by resolution of the Board of
Supervisors of Marlborough Township.
A. All new or altered water wells constructed in Marlborough Township
shall be approved by the Township prior to use after meeting the requirements
as set forth in this article.
B. The drilling, construction and testing of all newly drilled wells
in Marlborough Township shall be done by a licensed driller in conformance
with accepted construction standards and shall comply with the requirements
set forth hereinafter for the various types of wells.
[Amended 2-9-1998 by Ord. No. 98-2]
The criteria to be followed in the drilling and construction,
pump testing, and quality testing of new individual water supply wells,
and the requirements to be met for well certification are outlined
below.
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
INDIVIDUAL WATER SUPPLY WELL
A well associated with an individual water supply system. An individual water supply well that withdraws 10,000 gpd or more over a thirty-day period is regulated as a (potable) water supply under this section, and under §§
261-11,
261-12 and
261-13 for permitting of the well.
INDIVIDUAL WATER SUPPLY SYSTEM
A system including wells, pumps, piping, storage and/or treatment
equipment supplying water for human consumption and not regulated
under the Pennsylvania Safe Drinking Water Act or regulations promulgated thereunder.
B. Well permit.
(1) The applicant for an individual water supply well shall complete
the requirements for a permit as directed in Chapter XVII of the Montgomery
County Health Department Regulations, a copy of which is included
with this article as Appendix I.
(2) The applicant shall present the county permit for registry with the Township as a requirement for a Township well permit, a use and occupancy permit, and for compliance with Chapter
275, Zoning, and Chapter
215, Subdivision and Land Development, as applicable.
[Amended 2-9-1998 by Ord. No. 98-2]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COMMUNITY WATER SUPPLY WELL
A well associated with a community water supply system. A community water supply well that withdraws 10,000 gpd or more over a thirty-day period is regulated as a (potable) water supply under this section, and under §§
261-11,
261-12 and
261-13 for well permitting.
COMMUNITY WATER SUPPLY SYSTEM
A system for the provision of water for human consumption
if such system has at least 15 service connections or regularly serves
at least 25 individuals. The community water supply system is regulated
by the Pennsylvania Department of Environmental Protection (PA DEP)
and the Township of Marlborough.
NONCOMMUNITY/NON-INDIVIDUAL WATER SUPPLY WELLS
These wells, as defined in Title 25, Chapter 109, of the Pennsylvania Code and the Public Water Supply Manual, are hereby regulated by the Township under this article as "community water supply wells." Noncommunity/non-individual water supply wells that withdraw 10,000 gpd or more over a thirty-day period are regulated as (potable) water supplies under this section, and under §§
261-11,
261-12 and
261-13 for well permitting.
B. Notification.
(1) The applicant shall notify the Township at least 30 days prior to commencement of drilling by applying for a drilling permit. The application for the drilling permit shall, in addition to the information required by §
261-5, be accompanied by the following information:
(a)
Projected long-term water supply needs;
(b)
Map showing the location of the proposed test well(s);
(c)
Location of existing wells within a twenty-five-hundred-foot
radius of the proposed well;
(d)
Location of all known points of pollution within a twenty-five-hundred-foot
radius of the proposed well;
(e)
Amounts of existing groundwater withdrawals, in tabulated form,
within a twenty-five-hundred-foot radius of the proposed well.
(2) Upon receipt of the complete application and information, the Township,
through its duly appointed officer or representative, shall within
30 days review the available data and perform an inspection of the
property on which the well is to be constructed to ascertain that
the drilling site meets all necessary sanitary requirements. Upon
completion of the inspection and review, the Township officer or representative
shall issue or deny the drilling permit. In the latter circumstance,
the Township officer or representative will provide written reasons
for such denial. When a state permit is required, the applicant shall
see and obtain approval of the drilling site from the PA DEP or the
County Health Department (CHD) acting on behalf of the PA DEP. The
Township shall be provided with copies of all correspondence to and
from the PA DEP and/or the CHD. Drilling of the well shall not commence
until all necessary approvals have been received.
C. Well drilling and construction of community water supply wells.
(1) Community water supply wells shall be about 300 feet deep. Actual
depth may vary and some wells may have to be deeper in order to provide
the necessary supply. In every circumstance, the initial yield of
the well must be sufficient to provide a reliable source of supply
under most adverse conditions, when accounting for the reduction in
yield with long-term operation.
(2) A detailed drilling record and geologic log shall be prepared during
drilling of the test well(s). Rock specimens shall be analyzed at
five-foot intervals in order to describe the lithology encountered,
and information shall be obtained as to depth and estimated yield
of the water-bearing zones. Proper methodology shall be used to estimate
the yield of the water-bearing zones.
(3) Community water supply wells shall be constructed at an eight-inch
diameter or larger. The wells shall be double-cased with a minimum
of 10 feet of outer casing and 40 feet of inner casing, and the annulus
or space between the two casings and the inner casing and the bedrock
shall be grouted with neat cement.
D. Pump test of community water supply wells.
(1) Upon competition of drilling and well construction, the well shall
be submitted to a step-drawdown and long-term pump test. Prior to
implementation of the pump test, the applicant shall prepare and submit
to the Township, for its review and approval, a network of existing
wells located near the project to be monitored during the test, and
a protocol for the implementation of the step-drawdown and long-term
pump tests. The protocol shall address and comply with the following
minimum requirements:
(a)
Collection of background water level data in the production
well. The water level data in this well should be collected with a
continuous water level recorder in order to properly define water
level trends and degree of impact, if any, from nearby pumping centers;
(b)
Collection of background water-level data in the monitoring
network wells;
(c)
Number of steps and rates to be used during the step-drawdown
test;
(d)
Upon completion of the step-drawdown test and analysis of the
data thereof, the applicant shall provide to the Township the discharge
rate to be used during the long-term test. The long-term test shall
be of forty-eight-hour duration or longer and shall be conducted at
a constant rate of discharge. The well shall be equipped with the
proper apparatus to readily verify and adjust the discharge rate as
required; and
(e)
Detailed water level measurements in the pumping well shall
be collected during pumping and, after cessation of pumping, during
recovery.
(2) A pump test shall not be implemented until the monitoring network
and protocol have been approved by the Township.
E. Water quality of community water supply wells. Groundwater samples
shall be collected at the pumping well after 48 hours of continuous
pumping and submitted to a PADEP certified laboratory for chemical
analysis. The samples shall be analyzed in accordance with the PADEP's
New Source Sampling and Testing Matrix (DER-BCEC-44: 7/85; PGN-PWS-P-3,
or as revised).
F. Well permit for community water supply wells.
(1) Upon completion of the work tasks set forth hereinbefore, the applicant
shall submit an application to the Township for a well permit. The
application shall be accompanied by a hydrogeologic report prepared
by a qualified hydrogeologist. Hydrogeologic reports shall be prepared
in accordance with the following guidelines:
(a)
General report requirements:
[1]
The report shall certify that previous reports prepared by other
consultants in the Township, which are determined to be relevant by
the Township, have been reviewed and referenced;
[2]
While statements concerning regional geologic and hydrogeologic
conditions are acceptable, the report shall emphasize site- and Township-specific
conditions;
[3]
The text of reports shall contain all appropriate data, graphs,
analyses, and methods used to reach the conclusions contained in the
report. Appendixes shall contain all data collected during implementation
of the various work tasks;
[4]
Figures within the report shall contain a complete legend, title
and scale;
[5]
All numerical parameters shall be presented with appropriate
units, and all data shall be appropriately referenced;
[6]
Every report shall contain a topographic map at a minimum scale
of one inch equals 2,000 feet showing the location of the project
site, production well(s), monitor wells, steam flow monitoring stations
(where applicable), and existing large yield wells within 1/2 mile
of the site;
[7]
The report shall include calculations for all appropriate parameters;
[8]
While inclusion of general and regional groundwater recharge
rates as offered by various authors is acceptable, estimates of long-term
or dry period yield of the well shall be based on analysis of the
well-specific hydrogeologic data and the method used shall be described
in the text of the report. The estimate(s) shall be presented in tabular
form; and
[9]
The water quality data shall be tabulated and presented within
the text of the report. The report from the laboratory performing
the analysis shall be included in the appendix.
(2) Whenever an agreement is reached between the applicant and the Township
for dedication of the well and appurtenances thereto to the Township
or a municipal agency, additional and more specific requirements may
be imposed by Township officials as deemed appropriate and/or necessary.
(3) Construction of the well facilities shall not commence until a permit
for the operation of the well has been obtained from the Township,
and then only after all necessary approvals and permits by other regulatory
agencies have been issued.
Included in this category are groundwater wells which propose
to withdraw more than 10,000 gallons per day (gpd) over any thirty-day
period. Such wells must be approved by the Pennsylvania Department
of Environmental Protection and the withdrawal must be approved by
the Delaware River Basin Commission (DRBC) pursuant to groundwater protected area regulations. Applicant
shall comply with all requirements of these agencies, and nothing
contained in this article shall be construed as exonerating applicant
from meeting such requirements. Additionally, applicant shall comply
with the Township requirements as set forth herein. Township requirements
for the drilling, construction, pump testing and quality testing of
large yield wells are set forth below:
A. Notification.
(1) At the time of notification to the DRBC of intent to drill, applicant
shall also notify the Township and shall apply for a drilling permit.
The application for the drilling permit shall include the following
information:
(a)
Projected long-term water supply needs;
(b)
Section of USGS quadrangle showing the location of the proposed
test well(s);
(c)
Location of existing wells within a radius defined as follows:
[1]
One-half mile for withdrawals up to 50,000 gpd;
[2]
Three-fourths mile for withdrawals between 50,000 and 100,000
gpd;
[3]
One mile for withdrawals in excess of 100,000 gpd.
(d)
Amounts of existing groundwater withdrawals, in tabulated form,
within applicable radius;
(e)
Location of all known points of pollution within a one-mile
radius of the proposed test well.
(2) The test well site(s) shall be determined by applicant's consultant
and the information shall be submitted to the Township and the PA
DEP or County Health Department acting on behalf of the PA DEP.
(3) Upon receipt of application and required information, the Township
shall schedule a conference with applicant to discuss the well project.
At such a conference, the applicant shall set forth the water supply
requirements and will present preliminary plans, location maps, layout
sketches, and will address final disposition of the well(s) and related
appurtenances.
(4) The Township shall further, within 30 days of receipt of application,
review the necessary information and perform an inspection of the
proposed drilling sites to verify that they meet the necessary sanitary
requirements. The Township shall then, through its duly appointed
officer or representative, issue or deny the drilling permit. If the
drilling permit is denied, the Township shall provide written reasons
for such denials.
(5) Applicant shall seek and obtain sanitary approval of the drilling
site(s) from the Pennsylvania Department of Environmental Protection
(PA DEP) or the County Health Department acting in behalf of the PA
DEP.
(6) The Township shall be provided with copy of all correspondence to
and from the PA DEP. Drilling and construction of the proposed well(s)
shall not commence until all necessary approvals have been received.
B. Well drilling and construction of large-yield wells.
(1) Large-yield wells shall be 400 feet deep minimum, and deeper when
necessary, in order to provide the required water supply. Determination
of appropriate depth must be based on site-specific conditions encountered
during drilling;
(2) A detailed drilling record and geologic log shall be prepared during
drilling of the test well(s) and construction of the production well(s).
Rock specimens shall be analyzed at five-foot intervals in order to
describe the lithology encountered, and reliable information shall
be obtained as to depth and estimated yield of the water-bearing zones.
Proper methodology shall be used to estimate the yield of the water-bearing
zones and shall be appropriately described. The logging shall be performed
by a qualified geologist/hydrogeologist;
(3) Large yield wells shall be constructed at ten-inch diameter or larger,
and shall be double-cased, with a minimum ten-foot outer, and forty-foot
inner casing or as required by site-specific conditions. The annulus,
or space between outer and inner casing, and between inner casing
and bedrock shall be grouted with neat cement or similar compound.
Emplacement of the grout shall be uniform, from the bottom up, with
a tremie pipe or other approved method.
(4) Prior to commencement of drilling, if required by the Township, applicant
shall submit to the Township a protocol outlining the drilling program.
The program shall be modified as required until approved by the Township.
C. Pump test for large yield wells.
(1) The necessary pump tests shall be implemented in full compliance
with state and DRBC requirements. Applicant shall provide copy of
correspondence from and to the DRBC, including information on the
well and stream network approved by this agency for monitoring. Applicant
shall also provide the Township with a protocol for the implementation
of the step-drawdown and long-term pump tests. The protocol shall
address and comply with the following requirements, in addition to
those that may be imposed by the DRBC or other regulatory agencies:
(a)
Collection of background water level data in the production
well. The water level data should be collected with a continuous water
level recorder to properly define water level trends and degree of
impact, if any, from nearby pumping centers;
(b)
Collection of background water level data in the monitoring
network wells (and streams, if required by the DRBC);
(c)
Number of steps and rates to be used during the step-drawdown
tests. Proposed discharge rates should be consistent with the estimated
yield of the well after drilling and construction;
(d)
Proposed pumping rate for the forty-eight-hour pump test. The
rate, again, should be consistent with the estimated yield of the
well. The test shall be conducted at a constant rate, and the well
shall be equipped with the proper apparatus to readily verify and
adjust the discharge as necessary;
(e)
Detailed water-level measurements in the pumping well shall
be collected during pumping and, after cessation of pumping, during
recovery.
(2) Monitor well network and protocol for the step-drawdown and long-term
pump test shall be modified until approved by the Township.
(3) The Township shall be provided advance notice of the dates of step-drawdown
and long-term pump tests.
[Amended 2-9-1998 by Ord. No. 98-2]
Sampling and analysis of the groundwater at the well shall be
in accordance with PADEP/CHD requirements. The PADEP/CHD staff shall
be provided sufficient notification time for planning collection of
split samples. The Township shall be informed of the expected date
and time of sampling.
A. Submittal to the Township for large-yield wells shall include all
modules, applications, reports, and follow-up information required
by the Pennsylvania Department of Environmental Protection/County
Health Department, and the Delaware River Basin Commission.
B. The hydrogeologic report submitted in support of the application
for a groundwater withdrawal permit shall be prepared by a qualified
hydrogeologist.
C. To the extent that they are not in conflict with requirements of
the DRBC, hydrogeologic reports shall be prepared in accordance with
the following guidelines:
(1) General report requirements.
(a)
The report shall reference, to the extent applicable, data from
previous reports prepared by other consultants in the Township, which
are determined to be relevant by the Township;
(b)
While statements concerning regional geologic and hydrogeologic
conditions are acceptable, the report shall emphasize site- and Township-wide
specific conditions;
(c)
The text shall contain all appropriate data, graphs, analyses
and methods used to reach conclusions contained in the report. Appendicxes
shall contain all data generated during implementation of the various
hydrogeologic work tasks;
(d)
Figures within the report shall contain complete legend, title
and scale;
(e)
All numerical parameters shall be presented with appropriate
limits, and all data shall be appropriately referenced;
(f)
Every report shall contain a topographic map at a minimum scale
of one inch equals 2,000 feet, showing the location of the project
site, production well(s), monitor wells, stream-flow-monitoring stations
(where applicable), and existing large-yield wells within 1/2 mile
of the site;
(g)
The report shall include calculations for all appropriate parameters;
(h)
While inclusion of general and regional groundwater recharge
rates as offered by various authors is acceptable, estimates of long-term
or dry-period yield of the well(s) shall be based on analysis of the
well-specific hydrogeologic data, and the method used shall be described
in the text of the report. The estimate(s) shall be presented in tabular
form;
(i)
The water quality data shall be tabulated and presented within
the text of the report. The report from the laboratory performing
the analysis shall be included in the appendix.
D. Upon review of the information and data submitted by applicant and
within 120 days therefrom, the Township shall issue or deny a permit
for the operation of the well. If a permit is denied, the rationale
for the denial shall be given in writing. A permit for the operation
of the well may be issued subject to conditions, and approval by the
Township does not exonerate applicant from obtaining all other necessary
approvals and permits. Construction of the well facilities and operation
of the well shall not commence until all necessary approvals have
been obtained.
A. The owner shall, upon abandonment of any existing production well
or test well, fill such well or test well in accordance with the procedure
described hereinafter.
B. All wells to be sealed must be completely filled with 2,500 lb. concrete
or approved equal and the work shall be done by a licensed driller,
who shall also have a formal report to the Township.
C. A well not in operation for three or more years or improperly maintained
to prevent contamination may be deemed to have been abandoned.
No well shall be drilled nor any existing wells used for the
purpose of disposing of domestic or industrial wastes underground.
Any person who violates or permits a violation of this article
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.
[Added 2-9-1998 by Ord. No. 98-2]
The Township may, at its discretion, waive or apply requirements
for permitting under this article based upon individual circumstances
when determined to be in the best interests of the Township and consistent
with the stated purpose of this article.