[Ord. 875, 7/20/2006]
For purposes of this Part, the following words shall have the
meanings set forth thereafter:
BOROUGH
The Borough of Elizabethtown, County of Lancaster, Pennsylvania.
EAWA WATER
Water provided through the municipal water system owned and/or
operated by the Elizabethtown Area Water Authority.
EAWA WATER SYSTEM
The water system owned and operated by the Elizabethtown
Area Water Authority.
PRIVATE WATER SYSTEM
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.
[Ord. 875, 7/20/2006]
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 waterline is located shall connect such property therewith,
in accordance with all applicable Borough 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 Borough.
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.
[Ord. 875, 7/20/2006]
All new construction within the Borough shall connect to the
EAWA water system, in accordance with all applicable Borough ordinances,
rules and regulations and EAWA rules and regulations (including the
payment of all applicable fees).
[Ord. 875, 7/20/2006]
All owners of property within the Borough that obtain water
for drinking purposes upon the property from a private well system
shall register such private water system with the Borough upon a form
prepared by the Borough Manager or his/her designee. If the Borough
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 Borough 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 Borough 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.
[Ord. 875, 7/20/2006]
All private wells located on properties served by EAWA water
which do not meet the requirements set forth at Exhibit A, attached
to this Part, 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 Part or the provision of EAWA water to the
subject property, whichever occurs later.
[Ord. 875, 7/20/2006]
Any notice provided by the Borough or any other official or
employee pursuant to the terms of this Part 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.
[Ord. 875, 7/20/2006]
Any person, group, association or organization that violates
any provision of this Part is guilty of a summary offense and shall
pay a fine not less than $100 nor in excess of $1,000 for each successive
day that the violation exists. In addition to any penalty provided
hereunder, the Borough may seek injunctive relief to prevent the violation
of this Part.