[HISTORY: Adopted by the Board of Supervisors of the Township
of Hellam 8-16-2012 by Ord. No. 2012-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hellam
Township Well and Groundwater Protection Ordinance."
A.
The purpose of this chapter is to protect the quality of the groundwater
resources of Hellam Township. Within Hellam Township, groundwater
supplies public and private water use. Pennsylvania has no regulations
requiring the proper construction of most wells or boreholes, and
their improper construction can provide short-circuit flow pathways
for surface and subsurface contaminants to impact groundwater quality.
This chapter sets forth standards for the construction of wells and
boreholes that are not otherwise regulated.
B.
The regulations in this chapter promote health, safety, and welfare
within the municipality and its watershed(s) by minimizing the harm
and maximizing the benefits through provisions designed to:
(1)
Promote and protect the general health and welfare of the residents
of Hellam Township by conserving the supply and preventing the pollution
and contamination of groundwater;
(2)
Protect the quantity, quality, suitability, and sustainability of
water supplies; and
(3)
Secure and maintain the minimum required isolation distances between
water supplies and sewage disposal systems or other sources of pollution
and contamination.
A.
This chapter applies to the construction, modification, alteration,
termination, and abandonment of all wells and boreholes that penetrate
more than 10 feet below grade (hereinafter "wells and/or boreholes"),
including but not limited to domestic water supply wells, geothermal
heat system wells and/or boreholes, geotechnical borings, test borings,
agricultural wells, irrigation wells, commercial wells, industrial
wells, etc. The proper sealing of wells and boreholes using approved
grout is a critical element of this chapter. This chapter shall apply
to all non-PA DEP-permitted or -regulated water supplies (wells),
inclusive of:
(1)
All wells to be drilled.
(2)
All wells not in operation in operable condition at the time of this
chapter.
(3)
All alterations to existing water supply which may affect the quantity
and suitability of the water supply on the property upon which the
well is constructed or on surrounding properties.
B.
This chapter shall not require permits for operable wells on properties
that are vacated while being sold, unless such wells are altered.
C.
This chapter shall not require the testing of operable wells on properties
that are on the market for sale, unless such wells are altered.
D.
This chapter shall not apply to:
(1)
Wells and/or boreholes associated with water supply wells for public
water systems (defined by the Pennsylvania Department of Environmental
Protection as consisting of at least 15 service connections or regularly
serve no fewer than 25 individuals daily at least 60 days out of the
year).
(2)
Horizontal geothermal heat exchangers constructed in pits, trenches,
ditches, or in horizontal directional borings.
(3)
Monitoring wells, the construction and operation of which are overseen
by the Pennsylvania Department of Environmental Protection.
(4)
Borings/boreholes (such as shot holes, exploratory borings, etc.)
at a mining site associated with mining activities, the construction
and operation of which are overseen by the Pennsylvania Department
of Environmental Protection.
(5)
Utility trenches.
(6)
Foundations, pilings, geotechnical test boring investigations and
other soil and/or bedrock penetrations which are an integral part
of building construction, including well points.
(7)
Normal routine maintenance and minor repairs to keep a well or borehole
in good working order.
(8)
Wells that are completed and fully operational as of the effective
date of this chapter.
As used in this chapter, the following words or phrases, when
used in this chapter, shall have the meanings ascribed to them, except
where the content clearly indicates a different meaning:
A water supply well, 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.
Any action which necessitates entering a well with drilling
tools; treating a well to increase yield, altering the physical structure
of depth of the well; blasting; or removal or replacement of well
casing.
The space between two cylindrical objects, one of which surrounds
the other, such as the space between a drill hole and a casing pipe.
The American National Standards Institute.
The American Petroleum Institute.
Neat cement, cement plus bentonite, bentonite, bentonite
plus silica sand, or low-permeability sealing material, as approved
for use by the municipality. Approved grout is to be mixed and applied
according to manufacturer's specifications (e.g., water content
and viscosity) for use in grouting wells and/or geothermal boreholes.
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield significant
quantities of water to wells and springs.
The American Society for Testing and Materials.
An individual(s) delegated by the landowner(s) or Township
to act in his or its behalf.
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.
A highly plastic, colloidal clay composed largely of the
mineral montmorillonite.
The Hellam Township Board of Supervisors.
A penetration of soil and/or rock that is augered, drilled,
cored, bored, washed, driven, dug, jetted, or otherwise constructed,
which is generally cylindrical in shape, and whose diameter is generally
smaller than its depth of penetration.
Solids added to a drilling fluid to bridge across the pore
throat fractures of an exposed rock, thereby building a filter cake
to prevent loss of whole mud or excessive filtrate.
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.
Chip bentonite grout is composed of dry three-eighths-inch
(9.5 mm) or one-half-inch (12.7 mm) sized chips of bentonite.
A type of geothermal heating and/or cooling system that utilizes
a pressurized heat exchanger consisting of pipe, a circulating pump,
and a water-source heat pump in which the heat transfer fluid is not
exposed to the atmosphere. The heat transfer fluid is potable or beneficial
reuse water and may have approved antifreeze added.
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.
A water system which serves at least 15 service connections
used by year-round residents or regularly serves at least twenty-five
year-round residents.
All acts necessary to obtain groundwater, or artificially
recharge groundwater; provided, however, that 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.
Any individual, partnership, company, association, corporation,
group or entity employed, hired, contracted or otherwise engaged by
the owner to perform defined services for compensation.
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.
The minimum time required for particular types of cementing
or grouting materials to harden or set up before drilling or other
construction operations can be resumed.
The Pennsylvania Department of Conservation and Natural Resources.
A vertical closed-loop borehole whose original purpose and
use have been permanently discontinued or which is in such a state
of disrepair that its original purpose cannot be reasonably achieved.
The act of rendering a well or borehole to a condition where
there is no pathway present for surface or subsurface contaminants
to travel down to the water table.
The Pennsylvania Department of Environmental Protection.
A type of geothermal heating and/or cooling system where
the heat pump refrigerant is circulated through metal piping installed
in vertical, inclined, or horizontal boreholes. This type of geothermal
system must use a cement-based, special grout in the boreholes and
must have electronic corrosion protection for the metal piping.
All necessary actions conducted in the construction or reconstruction
of wells, such as drilling, boring, coring, washing, driving or letting.
This shall not apply to drilling of blast holes or to core holes 3 1/2
inches or less in diameter drilled for exploration or investigation.
A fluid composed of water and bentonite used in the drilling
operation to remove cuttings from the hole, to clean and cool the
bit, to reduce friction between the drill stem and the sides of the
hole, and to plaster the sides of the hole. Such fluids range from
relatively clear water to carefully prepared mixtures of special-purpose
compounds.
An extended period of dry weather, when the precipitation
is 40% below the norm for the area.
A mixture of portland cement (ASTM C150), potable water,
sand, and a fluidizing agent. This mixture is predominately sand.
An example mixture of flowable fill contains approximately 85% sand,
9% water, 4% portland cement, 2% finely ground slag, and a fluidizing
agent. Flowable fill and other bridging agents do not meet the permeability
requirements to protect groundwater quality and prevent flow between
aquifer zones.
A well that yields water by artesian pressure at the ground
surface.
To make a plastic pipe joint by heat and pressure in accordance
with the pipe manufacturer's specifications.
A system that uses a heat pump to extract heat from the earth
in heating mode and/or reject heat into the earth in cooling mode.
It is also called a geothermal heat pump system, a ground-coupled
heat pump system, an earth-source heat pump system, and a geoexchange
system.
The natural heat of the earth, and the energy, in whatever
form, below the surface of the earth, present in, resulting from,
or created by, or which may be extracted from, the natural heat, and
obtained from naturally heated fluids, brines, and associated gases,
in whatever form, found below the surface of the earth, exclusive
of oil, or hydrocarbon gases and substances.
Any water, except capillary moisture, beneath the land surface
or beneath the bed of any stream, lake, reservoir, or other body of
surface water, whatever may be the geological formation of structure
in which such water stands, flows, percolates or otherwise moves.
A high-solids fluid mixture of cement or bentonite and potable
water of a consistency that can be pumped through a tremie pipe and
placed as required. Various additives, such as sand or bentonite,
may be included in the mixture to meet certain requirements.
A technique for the installation of grouting materials whereby
emplacement is achieved by positive pumping pressure through a tremie
pipe from the bottom of the zone upward.
A mechanical device used for heating and/or cooling which
operates by pumping heat from a cooler to a warmer location.
Refers to the condition where, in the long term, the rate
of local groundwater pumping from an aquifer does not exceed the rate
of local groundwater recharge to the aquifer.
The International Ground Source Heat Pump Association.
A system, including wells, pumps, and piping equipment, which
supplies water to a private dwelling or other use.
A well into which water, other liquid or pressurized gas
is pumped.
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.
Any alteration of a regulated well or borehole which can
increase the potential for rapid vertical flow of water into groundwater
or which can otherwise increase the potential to pollute groundwater.
Examples of major alterations include, but are not limited to, deepening
of an existing well, conversion of a well to another use (such as
geothermal heating), etc.
Any alteration that is not otherwise defined as a major alteration.
A fluid mixture of hydraulic cement and water, with or without
admixtures in the following proportions: one bag of cement [94 pounds
(42.6 kg)] to not less than 5 gallons (18.9 l) nor more than 7 gallons
(26.5 l) of water.
A public water system which is not a community water system.
The National Sanitation Foundation.
A type of geothermal heating and/or cooling system that utilizes
a water supply well and a water pump to deliver groundwater to a water-source
heat pump. The discharge water from the water-source heat pump may
be returned to the subsurface through a recharge well or infiltration
bed or may be discharged into a pond, lake, or stream. A spring may
also be the source of the groundwater supply.
Under some limited circumstances, borehole completion without
grout (below the minimum twenty-foot depth of the approved grout surface
formation seal) may be necessary. Acceptable fill materials are site-specific
and may include, but may not be limited to: bentonite chips, cuttings
removed from the borehole; clean sand, gravel, or a mixture of sand
and gravel; and/or cement and water or concrete mixes.
Other methods of grout or fill placement shall be accepted
if such methods allow verification of completion. Such methods must
ensure that the grout or fill placement provides environmental protection
and the intended system performance.
The holder of the record title to real property or the person
entitled to use of the property.
A mechanical device that is placed in a borehole to prevent
the vertical movement of water or grout.
A measure of the relative ease with which a porous medium
can transmit a liquid under a potential gradient. It is a property
of the medium alone and is independent of the nature of the liquid
and of the force field causing movement. It is a property of the medium
that is dependent upon the shape and size of the pores.
Any individual, company, municipality, corporation, partnership,
association, or any agency of local, county, state or federal government
as well as a natural person and shall additionally mean anyone to
whom water is supplied, whether as owner or tenant. This term shall
include the officers, employees, and agents of any of the above-listed
entities.
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.
The contamination or other alteration of the physical, chemical,
or biological properties of any surface waters or groundwaters which
will or can reasonably be expected to render such waters harmful,
detrimental, or injurious to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial use.
A substance consisting of molecules characterized by the
repetition of one or more types of monomeric units.
A mixture of portland cement (ASTM C150 Standard Specification
for Portland Cement) and not more than six gallons (22.7 l) of potable
water per bag [one cubic foot (28.3 l) or 94 pounds (42.6 kg)] of
cement shall be used according to the manufacturer's specifications.
Water suitable for human consumption.
A system for the provision of water for human consumption
which serves three or more dwelling units or provides water for one
or more commercial, industrial or institutional uses.
A high-solids mixture of sodium bentonite powder or granules
and potable water mixed according to the manufacturer's specifications.
An aquifer, combination of aquifers, zones containing groundwater
resources or any other below the land surface place where groundwater
is collected and stored.
A well designed and constructed for the return of water to
the ground.
Type I (ASTM C150), sand and water in the proportion of not
more than two parts by weight of sand to one part of cement with not
more than six gallons (22.7 l) of potable water per bag of cement
[one cubic foot (28.3 l) or 94 pounds (42.6 kg)] shall be used according
to the manufacturer's specifications.
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.).
A type of open-loop geothermal heating and/or cooling system
that circulates groundwater from a water well through a water-source
heat pump and returns the discharge water from the water-source heat
pump to the same water well it was pumped from. The water withdrawal
and return locations within the water well bore are separated as far
as is possible. Some standing-column geothermal systems discharge
some of the circulating groundwater to enhance their heat transfer.
A high-solids mixture of sodium bentonite, inert additives
such as sand or rock dust that enhance thermal conductivity, and potable
water mixed according to the manufacturer's specifications. The
sand must be clean so as to not introduce contaminants into the grout
mixture. The use of special additives to alter permeability, increase
thermal conductivity, increase fluidity, control grout loss, and/or
control time of set, and the composition of the resultant slurry,
must be used in accordance with the manufacturer's specifications.
Hellam Township, York County, Pennsylvania.
A rigid or flexible pipe or a hose that carries the grouting
materials to the bottom of the zone being grouted. The tremie pipe
is withdrawn as the grout material fills the annular space outside
the casing or fills the space between the loop pipes and the borehole
wall. The end of the tremie pipe is kept submerged just below the
surface of the grout material.
The tremie pipe shall be lowered to the bottom of the zone
being filled and raised slowly as the fill material is introduced.
When using the tremie pipe method to install fills, the bottom of
the tremie should be maintained as close as possible to, but not inside
of, the emplaced fill.
After water or other drilling fluid has been circulated in
the annular space sufficient to clear obstructions, grout shall be
placed by pressure pumping through a tremie pipe. The tremie pipe
shall be lowered to the bottom of the zone being grouted and raised
slowly as the material is introduced.
A borehole which is constructed to receive heat-exchanger
loop pipes and grout material. Fill material may be used below a minimum
depth of 20 feet below grade as the subsurface conditions warrant.
A heat pump that uses a water-to refrigerant heat exchanger
to extract heat from the heat source.
Any well that is constructed to remove or return water to
the ground.
That surface in an unconfined groundwater body at which the
pressure is atmospheric. It is defined by the levels at which water
stands in wells that penetrate the water body just far enough to hold
standing water.
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 monitoring of groundwater.
This includes but is not limited to boreholes, test wells, test borings,
and monitoring wells, in addition to wells to be utilized as individual
or semipublic water supplies.
Any water well contractor licensed by the Commonwealth of
Pennsylvania, his employees or representatives in responsible charge
of drilling or otherwise constructing a well.
A pit/depression existing or constructed which houses and
places the well casing cap below the surrounding ground level.
A filtering device that allows groundwater from unconsolidated
and semiconsolidated aquifers to enter the well while at the same
time keeping the majority of sand and gravel out of the well and out
of the pump. A screen also supports the aquifer material and prevents
the borehole from collapsing.
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.
The zone below the water table in which all interstices are
filled with groundwater.
No application for a building permit for any domestic, commercial,
industrial or agricultural structure, use or change of use which involves
the construction of a well will be accepted and/or approved in the
absence of a well approval permit issued by the Township's designated
representative in accordance with the terms and conditions of this
chapter.
During all activities and/or phases related to the construction
of any well, including, but not limited to, site preparation, drilling/boring
processes, fracturing operations, if needed, and any other completion
operations needed to bring the well into service, the well driller
will use environmentally sound practices so as to contain any and
all products or residues resulting from processes required for the
well construction, including, but not limited to, soil, rock fragments
or pulverized rock, brines, fluids and/or water. The containment means
shall be in accordance/compliance with all federal, state, local,
PA DEP or York County Soil Conservation Office regulations and/or
guidelines.
All sections and provisions of this chapter shall apply to any and/or all phases or processes included in the construction of all wells developed for the purpose of utilization of geothermal resources, exclusive of being tested for potability, unless the provisions set forth in Chapter 490 of this Code require more-stringent requirements, in which case those requirements shall be followed. Unless otherwise specifically provided for in Chapter 490 of this Code, all wells and boreholes associated with open-loop geothermal energy systems and any well or borehole for any system not meeting the definition of a closed horizontal loop geothermal energy system or closed vertical loop geothermal energy system are prohibited in the Township.
Except as may be expressly preempted by Pennsylvania state law,
all injection wells are expressly prohibited in the Township.
A.
Any water withdrawal project occurring within the boundaries of Hellam
Township, whether under the jurisdiction of the PA DEP or York County
Soil Conservation District or not, will be reviewed by the Township
Engineer and/or staff.
B.
Copies of all correspondence, applications, and required submissions
and/or reports by the applicant to the PA DEP or the York County Soil
Conservation District office shall be sent to the Township by the
applicant. Additionally, copies of all submissions, reports and/or
correspondence received by the applicant from the PA DEP or the York
County Soil Conservation District office shall be forwarded to the
Township. A copy of any permits issued by the PA DEP or the York County
Soil Conservation District Office shall be submitted to the Township
by the applicant.
No construction, drilling, boring, reconstruction, major repair,
or other change of or for any non-PA DEP-permitted/regulated well
water supply for the production of water for domestic, commercial,
industrial or agricultural purposes, for which potable water usage
is intended or may be used, shall commence unless the property owner
or his/her duly authorized agent shall apply for and receive a well
permit for any such construction activity from Hellam Township. Proper
proof of contractors' insurance of liability must be on file with
the Township for all well work.
A.
Said permit shall be issued on a form provided by the Township, which
shall be executed by the duly authorized Township representative.
B.
All permits shall be issued to the property owner(s) or his/her duly
authorized representative/well driller.
C.
No permit shall be applied for, accepted, reviewed or approved without
proper payment of the appropriate fee, at the time of application.
D.
The Township application form must be totally completed before any
review, processing or issuance of a well permit will occur. Completion
of said form may be completed by the landowner(s), the owner's
duly authorized person or by the well driller. Completion shall include
a plot or sketch plan of the subject property on which the well/water
supply is to be constructed.
(1)
The plot/sketch plan shall be drawn on standard size (8.5 inches
by 11 inches) paper and shall include:
(a)
A drawing showing the shape and lengths of all property lines. [NOTE:
The burden of proving location of property line(s) shall fall on the
property owner. If necessary, as determined by that Township Engineer
or staff, a survey shall be performed at the owner's expense.]
(2)
A detailed listing of the above inclusions can be found on the application
for well construction form.
E.
The application for a well permit shall be acted upon by the Township's
duly authorized representative within 15 days of the time he/she receives
the application. Such action shall be either an approval or denial,
in which case a written report explaining the denial is submitted
to the applicant along with the original application.
F.
The Township makes no claim(s) to the construction of the well, work
done by the driller, the success of finding a water source, the quality
or quantity of any water found, or future productivity of the well;
furthermore, disclaiming any responsibility of the well drilling process
or events/occurrences resulting from the well drilling process.
A.
All permits shall be in effect as of the date of issuance and shall
remain in effect for a period of six months. In the event that water
supply construction under the permit has not been completed at the
expiration of six months from the date of issuance, the permit shall
expire.
B.
A request for an extension to the said permit must be submitted to
the Township in writing 10 days before the expiration date of the
original permit. Extensions are limited to 30 days. Subsequent requests
must be accompanied by an application for a new permit with the appropriate
fee.
C.
In the event that a permit expires and construction has not begun,
an application for a new permit must be submitted with the appropriate
fee.
D.
Expiration of a permit during construction will result in the landowner,
or person to whom the permit was issued, being prosecuted in accordance
with the violations provision of this chapter.
A.
A fee for the well permit shall be set by the Board of Supervisors.
B.
The fee schedule for the well permit can be modified, from time to
time, by a resolution enacted during any advertised public meeting.
C.
The aforementioned fee shall only apply to the processing of the
original application, one preconstruction site inspection, one final
inspection and a request for the first (only) extension (if needed).
Additional time(s) for any review(s) or inspection(s) shall be billed
in addition to the application fee at the rate set by the Board of
Supervisors per each involvement, exclusive of a phone call, by the
inspection person. Any additional fee charge shall be paid before
the well permit or well approval, if applicable, is issued.
D.
All payments must be made to the Township at the time of application
or before any further work is undertaken by the owner(s) or person(s)
constructing the well.
A.
The inspecting officer shall be the Zoning Officer, Township Engineer,
or any other individual or firm designated by the Board of Supervisors.
B.
The inspecting officer may be changed from time to time by the Board
of Supervisors.
C.
All inspection(s) shall be conducted at a scheduled time, prearranged
between the inspecting officer and the landowner(s), the owner's
representative or the well driller. The time shall be as deemed appropriate,
within reasonable limits, by the inspecting officer.
D.
The presence of the landowner(s), the owner's representative
or the well driller at the well site is required, so as to witness
the inspection process and answer any related questions which might
arise as related to the well project or any construction or use proposed
upon the well site property.
E.
Prior to any inspection(s), the site property must be clearly staked-out or markers placed to indicate the location of any/all applicable isolation/setback distances on the said property or on adjoining properties as found on the Minimum Distance Table in § 480-15, Application of standards.
F.
A preliminary/preconstruction, on-site inspection shall be conducted
by the inspecting officer before any well drilling has commenced.
Prior to this inspection, the completed application for well construction
form must have been submitted, reviewed and approved by the Township's
representative. At this inspection, the following shall be reviewed
and/or determined:
(1)
Comparison of approved application sketch/plot plan to site layout.
(2)
Check on isolation/setback distances as found on the Minimum Distance Table in § 480-15, Application of standards.
(3)
Review of well location for possible flooding.
(4)
Determination of any applicable as-approved isolation/setback distances found on the Minimum Distance Table in § 480-15, Application of standards.
(5)
Either approval or denial of the application, in which latter event,
a written report stating the reason(s) for such denial shall be attached
to the original application and directed to the proper person(s).
G.
A final on-site inspection shall be conducted by the Township's
inspecting officer upon the completion of the well drilling and other
related processes. Prior to that inspection, the completed well driller's
report must have been submitted, reviewed and approved by the inspecting
officer. This inspection shall include:
(1)
Determination of compliance with the Township permit issued.
(2)
Determination of compliance with all sections of this chapter and/or
all other applicable federal, state, county or local regulatory acts.
(3)
The issuance of an approval of operation upon the original application
or denial of such, due to noncompliance, as stated above, in which
latter event, a written report stating the reason(s) for such denial
shall be attached to the original application and directed to the
proper person(s).
H.
Disclaimer to final inspection. The issuance of an approval of operation
permit by the Township's inspecting officer or representative
does not in any way/form constitute a guaranty to the applicant, well
driller, or property owner that the subject well will produce any
quantity of water, that the quantity of water produced by the well
is sufficient for the intended/proposed need(s), that the subject
well is pure and fit for consumption, or what mineral or contaminate
may be found/dissolved within any water produced, either at the time
of the issuance of any permit(s) or at any given time in the future.
All well drillers shall, upon completion of the drilling and
construction of any well, file a report on a form supplied by or approved
by the Township. Said report shall be filed with the Township's
representative before requesting, or concurrent with the request for,
an approval of operation for the said well. The report shall be signed
by the well driller. [NOTE: The signature of the well driller found
on the well driller's report shall secure as certification and
testimony to the truthfulness of said report and verification that
compliance with this chapter and all other regulations, federal, state,
or local, which might apply have been met.] The said report shall
contain the following pertinent information:
A.
The following standards shall apply to all non-PA DEP-regulated/permitted
wells/water supplies existing within, to be constructed within or
which are permitted in the boundaries of Hellam Township:
B.
The said well/water supply must be drilled by a well driller licensed
by the Commonwealth of Pennsylvania. The water well drilling rig must
also be licensed by the Commonwealth of Pennsylvania, and the permit
for the rig must be carried by the operator during operation of same.
C.
The source of supply for a water supply well shall be from a water-bearing
formation drawn not less than 50 feet from the ground surface. Wells
shall be located at a point free from flooding and may not be located
within a floodway. In areas where no FEMA FIRM maps or studies have
defined the boundary of the floodway, it is assumed, absent conclusive
evidence presented to the contrary, that the floodway extends from
the stream to 50 feet from the top of the bank of the stream.
D.
Wells shall not be located within a FEMA FIRM floodplain, unless
conforming to the requirements below, and shall be at a higher elevation
and at the minimum setback distances to existing or potential sources
of pollution as set forth in this chapter. If a well is proposed to
be located within a floodplain, then the well application must include
a letter from a registered professional engineer in the Commonwealth
of Pennsylvania documenting why the necessity of placement of the
well within the floodplain, the documented base height elevation of
the 1% chance of flood, and what mitigation measures are to be used
to mitigate the contamination hazard. In floodplains without a base
flood elevation, information from other federal, state and other acceptable
sources shall be used to determine the base flood elevation. At a
minimum, the top of the casing pipe must be terminated two feet above
the base flood elevation.
E.
All wells shall be located following the minimum distances to existing
or possible future sources of pollution set forth below:
|
Minimum Isolation Distance Table
| ||
|---|---|---|
|
Source
|
Minimum Distance
(feet)
| |
|
Barnyard, animal feedlot preparation areas or storage areas
for hazardous spray materials or fertilizers, chemicals, salt piles,
fuel tanks
|
100
| |
|
Delineated wetlands and floodplains
|
50
| |
|
Drains carrying domestic sewage or industrial wastes, gravity
sewer lines
|
50
| |
|
Driveways
|
20
| |
|
Existing water and forced sewer, buried utilities and/or utility
trenches
|
50
| |
|
Farm silos
|
50
| |
|
Lakes, ponds, streams and surface water
|
50
| |
|
Principal/secondary building/dwelling
|
20/10*
| |
|
Privies
|
100
| |
|
Property lines
|
20
| |
|
Public/private ROW
|
20
| |
|
Septic, aerobic or holding tanks
|
50
| |
|
Sewage seepage pits, cesspools
|
100
| |
|
Storm drains, retention basins, stabilization ponds or any other
stormwater management facilities
|
25
| |
|
Subsurface sewage disposal systems, elevated sand mounds and
other sewage disposal fields
|
100
| |
|
Surface/subsurface sewage disposal fields
|
100
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Potable water supply well/boreholes and geothermal supply and
geothermal return well.
| |
F.
Well construction specifications.
(1)
The well shall have a watertight and durable wrought-iron, steel
or other type of approved casing with a nominal thickness of 3/16
inch (0.1875 inch) and 6 5/8 inches' outside diameter. The sections
of casing shall be joined together by threaded couplings, or full
circumferential welding for ferrous materials, and threaded couplings
or solvent welding in accordance with ANSI/NSF Standard 14 for PVC.
Other nonferrous casing joining must meet AWWA Standard A100.
(2)
The casing shall be carried to a minimum depth of 20 feet from the
finishing grade and in any case shall be extended 10 feet into bedrock
or other impervious strata. Driven wells shall be provided with a
drive shoe and other effective casing seal.
(3)
An annular space shall be provided between the well casing and the
earth formation of a radius at least 1 1/2 inches greater than
the casing radius, excluding coupling for increased pressure grouting,
or 1 1/2 inches greater than the casing radius, excluding coupling
for external grouting. The annular space shall be completely filled
with impervious cement grout or equivalent sealing material from the
bottom of the casing to within five feet of the ground surface. External
grouting shall be accomplished utilizing a tremie pipe and grout pump
to force out any standing water on the outside of the well casing.
(4)
The casing shall be sealed effectively against entrance of water
from water-bearing formations, which are subject to pollution, through
which the casing may pass. If casings of smaller diameter are used
in the lower portions of the well, effective watertight seals shall
be provided between the casings where they telescope. In such instances,
sections of casing shall telescope for a minimum distance of four
feet.
(5)
Casing and grouting must be compatible. Pressure grouting is required
for all wells by running tremie pipe to the bottom of the annular
space outside the casing.
(6)
Minimum borehole diameter. The borehole should be three inches (76.2
mm) larger in diameter than the outside diameter of the casing to
allow for a minimum of 1 1/2 inches (38.1 mm) of annular space for
grout placement.
(7)
Minimum extension above grade. Casing shall extend at least 12 inches
(304.8 mm) above the ground surface. The casing may be terminated
at grade or just below grade if fitted with a waterproof and airtight
cap and if located within a box-type enclosure with an access lid
such as a small meter vault. Airtight and watertight sealed open-loop
return wells can be direct buried.
(8)
Ferrous casing. Ferrous casing shall be new pipe meeting ASTM or
API specifications for water supply well construction. It shall be
equipped with a drive shoe or other effective casing seal and have
full circumference welds or threaded pipe joints.
(9)
Nonferrous casing. Nonferrous casing shall meet appropriate ANSI,
ASTM or NSF standards for water well casing applications. It shall
not be driven.
(10)
Every water well shall be equipped with an overlapping screen
vented cap with interior seal at the top of the well casing or pipe
sleeve. The cover/cap shall extend downward over the casing at least
1 1/2 inches over the outside of the casing or wall. All well
caps shall indicate: well driller's name, depth of well, depth
of casing and gallons per minute.
(11)
Where pump sections or discharge pipes enter or leave a well
through the side of the casing, the circle of contact shall be watertight.
The use of plastic/nylon adapters for this purpose is not acceptable.
A brass pitless adapter with brass connectors or equivalent is required.
(12)
All electric wiring from the house to the well pump shall be
of UF insulated type. The wire gauge/size shall be determined by a
licensed well driller or electrician. Said wiring shall be encased
in a separate conduit through the foundation/wall of the house. The
trench containing the wire(s) and or well pipe(s) shall be backfilled
with screening-type material to a minimum thickness of six inches
completely surrounding the wire(s) and/or pipe(s).
(13)
The water line(s)/pipe(s) and wire(s) shall be buried in the
ground to a minimum depth of three feet below the ground surface.
(14)
All water wells shall be constructed so that surface drainage
will be diverted away from the well.
(15)
All pumps installed in wells drilled to a depth greater than
300 feet, but not to exceed 450 feet, shall be installed with two-hundred-pound-per-square-inch
plastic pipe. Well depths exceeding 450 feet shall have pumps installed
with Schedule 80 PVC threaded pipe or equivalent or galvanized steel
pipe to support the increased pumping pressure required for deeper
wells. The minimum acceptable pressure rating on plastic pipe is 160
pounds per square inch, regardless of water supply depth. All well
pumps over two horsepower shall be installed on metal pipe.
(16)
The well rope shall be of poly-braided material attached to
the well pump and shall be tied off within the well casing pipe. Tie-off
may be onto the brass pitless adaptor or onto an eyebolt affixed to
the interior of the casing. No well rope shall extend/show on the
exterior of the well casing.
(17)
Disinfection. Following completion of construction, the well
shall be pumped continuously until the water discharge is clear. It
shall then be filled with water containing a concentration of not
less than 100 parts per million of free chlorine. A portion of this
solution shall be recirculated directly to the well in order to ensure
proper agitation. The water shall not be used for a period of 24 hours.
Other combinations of water and chlorine concentration and time interval
may be used if demonstrated equally effective to the municipal official.
Disposal of the purged water shall be at a point so as to minimize
adverse effects to aquatic life and in no way directed into any subsurface
sewage disposal system. One ounce (29.57 ml) of dry calcium hypochlorite
dissolved in 52.5 gallons (198.7 l) of water makes the proper-strength
disinfectant solution. Household bleach may be used for disinfection.
(18)
This chapter places no restrictions on quantity of water. The
acceptability of water quantity is the sole responsibility of the
property owner.
(19)
Cross-connections. All check valves and backflow protection
shall be properly installed. Backflow protectors must be incorporated
into the system and be used as needed for each outside water hose
connector. At a minimum two check valves shall be incorporated into
each water system that derives water from a well. Where not practical,
a cross-connection prevention assembly shall be provided. For semipublic
water supplies, the cross-connection prevention assembly device shall
be installed at any fixed potable water outlet to which a hose may
be connected.
(20)
Testing. The assembled loop system shall be pressure-tested
with water at 100 psi (690 kPa) for 30 minutes with no observed leaks
before connection (header) trenches are backfilled. Flow rates and
pressure drops shall be compared to calculated values. If actual flow
rate or pressure drop figures differ from calculated values by more
than 10%, the problem shall be identified and corrected.
Existing wells that are to be abandoned shall be mitigated in
accordance with the specifications below and inspected to ensure that
they are properly abandoned:
A.
Drilled wells. Any restoration/repair of wells with casing terminating
below grade shall be raised above grade to 12 inches minimum.
B.
Springs. Before rehabilitation shall begin on an existing spring,
a report shall be made to determine the advisability of said reconstruction,
which shall include, as a minimum, quality and quantity of water.
Springs for new residential construction are not considered an adequate
water supply and will not be considered as valid for the issuance
of a building permit. Reconstructed springs shall be completely enclosed
by walls and a cover of reinforced concrete or equally durable watertight
material. The cover shall have a firm foundation so as to effectively
prevent settling. The uphill wall shall be so constructed as to prevent
entrance of surface water. Where manhole covers are used, the manhole
shall be at least 24 inches in diameter. It shall extend at least
three inches above the surrounding ground surface and be covered by
an impervious durable cover of concrete, steel or equivalent material
which overlaps the manhole vertically by at least two inches. The
manhole cover shall be effectively secured to the manhole by bolting,
locking or equivalent means and shall be kept so secured.
A.
Subsequent to building construction or usage but prior to or concurrent
with the request for a use/occupancy certificate from the Township,
the owner/contractor or duly authorized person shall initiate appropriate
action to have the on-site water supply tested by a certified laboratory
and provide the Township with a laboratory report containing the following
information:
B.
The testing laboratory must test all water samples for chlorine residue
resulting from adding bleach to the well.
C.
All samples shall be collected in accordance with procedures recommended
by the testing laboratory.
D.
If the sample does not meet EPA standards for safe drinking water,
the water supply must be treated to make the water meet the standards.
No responsibility or liability for the construction of any well/water
supply nor guaranties of the quantity or quality of the water from
that source shall be deemed to be assumed or accepted by Hellam Township
or its officers, agents, representatives or employees by virtue of
the terms of this chapter or otherwise.
A.
It shall be a summary offense for any person, partnership, corporation
or other entity to violate the provisions of this chapter. Upon being
found guilty, any violator shall pay a fine of not more than $1,000.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice that determines that there has been a
violation further determines that there has been a good-faith basis
for the person, partnership, corporation, or other entity violating
the chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation.
B.
The municipality may institute civil, injunctive, mandamus, or any
other appropriate action or proceeding at law or in equity for the
enforcement of this chapter. Any court of competent jurisdiction shall
have the right to issue restraining orders, temporary or permanent
injunctions, mandamus or other appropriate forms of remedy or relief.
C.
Upon discovery of any violation of this chapter, the Township may,
at its option, forego any prosecution hereunder and may grant to the
owner a period of 30 days to comply with the provisions of this chapter.
Upon failure of the owner to effect such compliance, the Township
may initiate prosecution as hereinabove set forth.
D.
The Township may, at its option, in addition to any other remedies
available to it, institute an action in equity to enjoin or any other
appropriate action or proceeding to restrain or prevent any violation
of the provisions of this chapter.
The provisions of this chapter shall be severable. If any provision,
sentence, clause, section or part of this chapter, or the application
of any provision hereof, is for any reason found to be unconstitutional,
illegal or invalid, such unconstitutionality, illegality or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections or parts of this chapter. It is hereby declared
as the intent of the Township that this chapter would have been enacted
had such unconstitutional, illegal or invalid provision, sentence,
clause, section or part hereof not been included.
Requests for waivers shall be considered by the Township in
accordance with the following procedures:
A.
A waiver shall involve only the minimum modification necessary to
provide relief.
B.
There is good and sufficient cause.
C.
That the granting of the waiver will not result in additional threats
to public safety or extraordinary public expense, nor create nuisances,
cause fraud on, or victimize the public, nor conflict with any other
applicable state or local ordinances and regulations.
D.
That failure to grant the waiver would result in exceptional hardship
to the applicant.
E.
In granting any waiver, the Township may attach whatever reasonable
conditions and safeguards it considers necessary in order to protect
the public health, safety, and welfare and to achieve the objectives
of this chapter.
F.
Whenever a waiver is granted, the Township shall notify the applicant
in writing that such waiver may increase the risks to life and property.
G.
A complete record of all waiver requests and related actions shall
be maintained by the Township.
To the extent that any provisions of this chapter conflict with
provisions of other chapters or ordinances which may be in effect,
the other chapter or ordinance provisions shall remain in full force
and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this chapter,
the more restrictive shall apply.
A.
Any person aggrieved by any action of the Township or its designee
relevant to the provisions of this chapter may appeal to the Township
within 30 days of that action.
B.
Any person aggrieved by any decision of the Township relevant to
the provisions of this chapter may appeal to the York County Court
of Common Pleas within 30 days of the Township decision.
