[Adopted 3-13-2013 by Ord. No. 2013-4]
A.
It has been determined by the Pennsylvania Department of Environmental
Protection ("PADEP") that an area located in Horsham Township which
includes approximately 35 properties ("properties") along Limekiln
Pike, Grindleton Lane, Davis Grove Road and Park Road ("Limekiln Pike
area" or "area") has been impacted or investigated due to the release
of tetrachloroethylene ("PCE") in the groundwater at levels above
the maximum level permitted for potable drinking water. Most of the
properties rely upon private wells for their water supply needs. PADEP
has determined that the connection of the affected properties to a
public water system through the installation and connection of properties
to water lines of Horsham Water and Sewer Authority ("HWSA") is the
most viable and cost effective solution to the PCE groundwater contamination
which will best address the health, safety, and welfare of the residents
and property owners in the area. This article applies to the PCE impacted
Limekiln Pike area shown on Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
B.
PADEP is providing a grant for construction of water lines for Limekiln
Pike area (the "water lines"). This article mandates the connection
and continued connection of all improved properties in the area to
the water lines. The water lines in the area and the existing water
lines of HWSA are collectively referred to as the "water system,"
and constitute a water system of HWSA under a contract between the
Township and HWSA.
C.
This article is enacted to require the mandatory connection of all
properties in the impacted area to the water system.
B.
In addition to the properties required to connect under Subsection A, all properties located in the area which are hereafter improved with a residential building or hereafter improved with a nonresidential building, which is occupied or capable of being occupied, shall connect to the water system within 60 days following written notice to connect from the Township or its designee. Residential buildings or nonresidential buildings constructed, renovated or improved on properties required to connect shall connect to the water system prior to any habitation, occupancy, or use, and no certificate of occupancy shall be issued for any such improved property unless and until such connection has been made.
C.
For all properties located within the area, once a connection to
the water system has occurred, no property owner shall disconnect
a property from the water system.
D.
All connections to the water system shall be subject to the specifications
of the HWSA.
E.
Connection by the Township or its designee. In the event that a property
owner shall neglect or refuse to connect a property to the water system
in violation of this article for a period of 90 days after notice
from the Township to connect, then, in that event, the Township or
its designee may enter upon said property owner's property and
construct the connection to the water system, and in that event, the
costs of such connection shall be upon the property owner, and a lien
in that amount may be recorded against the property benefitted by
the improvement.
A.
Pursuant to the terms of a grant from PADEP, the cost of physically connecting the properties whose addresses are listed in Exhibit B to the water system shall be paid from the grant funds provided by PADEP. The foregoing notwithstanding, where the owner of a property listed in Exhibit B refuses to allow connection of a property listed in Exhibit B to the water system for a period of 90 days from the date of the notice to connect, then the property owner's right to receive payment from the PADEP grant of the cost of connection shall terminate, provided the Township or its designee first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Township or its designee. In addition, if the Township, or its designee, is required to enter the property under § 223-15E and connect the property to the water system, the cost of such connection shall be the responsibility of the property owner and shall be imposed as a lien on the property as provided in § 223-15E.
B.
Except as otherwise provided in Subsection A, the cost of physically connecting a property in the area to the water system shall be paid by the property owner. In the event the Township or its designee is required to enter a property under § 223-15E and connect a property to the water system under § 223-15E above, a lien in the amount of the cost of connection may be recorded against the property that is benefitted by the connection.
A.
Within 60 days after notice from the Township or its designee to
connect to the water system, and in conjunction with such connection,
a property's connection to a private well shall be disconnected.
The disconnection shall include, without limitation, the disconnection
of any internal water and plumbing system and any external water and
plumbing system from the private well.
B.
In addition to the well disconnection, for properties on which the
level of contamination exceeds the maximum level allowed by law, the
well shall be closed, and the method of closure shall comply with
any applicable regulations or requirements of the Montgomery County
Health Department and PADEP. For those properties on which the level
of contaminants is less than the maximum levels allowed by law, the
property owner may postpone the well closure until such time as the
level of contamination exceeds the maximum level allowed by law, if
and only if the property owners enters into a written agreement with
the Township or its designee authorizing periodic well testing to
determine the levels of contamination. At no time shall a well which
has not been disconnected be used for potable purposes.
C.
Pursuant to the terms of a grant from PADEP to the Township, the cost of closure of the private wells for the properties listed in Exhibit B shall be paid by PADEP. The foregoing notwithstanding, where the owner of a property listed in Exhibit B refuses to allow closure of the well on the property for a period of 90 days from the date of the Township notice to connect to the water system, then the right of the property owner to receive payment of the cost of the closure of the well shall terminate, provided the Township or its designee first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Township or its designee. In addition, if the property owner shall fail to perform or refuse to allow the disconnection and closure of the private well within 90 days from the date of the Township notice to connect to the water system, the Township or PADEP, or their agents, may enter upon such owner's property and perform the disconnection and closure as provided in Subsection E, and the cost thereof shall be the responsibility of the property owner, and a lien in the amount of the cost may be recorded against the property as provided in Subsection E.
D.
Except as provided in Subsection C above, the cost of disconnection and closing the private well shall be paid by the property owner.
E.
In the event that a property owner shall fail to perform or refuse
to allow the disconnection and closure of the private well, the Township
or PADEP, or its agents, may enter upon such owner's property
and perform the disconnection and closure of the private well. In
that event, the property owner shall be responsible for the cost thereof,
and a lien in the amount of the cost thereof may be recorded against
the property by the Township, its designee or PADEP.
F.
No new wells shall be installed at any properties within the area,
except for the purpose of groundwater investigation or remediation.
No person shall maliciously, willfully, or negligently damage,
destroy, deface, block, or otherwise tamper with any water line or
other structure or equipment which is part of the water system. Any
person violating this section shall be in violation of this article.
The Township reserves the right to adopt, from time to time,
additional rules and regulations as it deems necessary and proper
relating to connections to and use of the water system, which rules
and regulations shall be construed as part of this article.
Any notice required by this article shall be given to the property
owner either by personal service or by certified mail, return receipt
requested, concurrently with first-class mail. The mailing date of
the notice shall be considered the date of service, and service shall
be presumed to be duly given if the notice is not returned "undeliverable"
by the post office.
In addition to any other remedy available under law or equity,
any person convicted of a violation of this article shall be subject
to a criminal fine in an amount not to exceed $1,000 per day per violation
or suffer imprisonment for a period of not more than 30 days, or both,
together with costs of prosecution. Each twenty-four-hour period during
which failure to comply continues shall constitute a separate offense.
Enforcement of this article shall be brought by action filed with
a district justice in the same manner provided for enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Township Solicitor may assume charge of the prosecution without
the consent of the District Attorney. All fines and penalties collected
for violation of this article shall be paid over to the agency enforcing
this article. Nothing in this section shall prohibit the Township
or its designee from enforcing the provisions of this article by any
other remedy available at law or in equity, and the remedies provided
herein shall be cumulative and concurrent.
