[HISTORY: Adopted by the Board of Supervisors of the Township
of Limerick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-3-2014 by Ord. No. 352]
This chapter shall be known and may be cited as the "Limerick
Township Public Water Ordinance."
It has been determined by the Department of Environmental Protection
(DEP) that an area located in Limerick Township has been contaminated.
The area is identified on Exhibit "A" as "Impact Area 1," which is
attached hereto and incorporated herein as Exhibit A.[1] This article mandates the connection and continued connection
of all improved properties in the impacted area to either the water
lines to be constructed by the Township or to the existing water lines
of Pennsylvania American Water in the impacted area. The water lines
and the existing water lines of Pennsylvania American Water in the
impacted area are collectively referred to as the "Public Water System,"
and constitute a public water system of Limerick Township. Water for
the public water system will be provided by Pennsylvania American
Water (the "water utility"). This article is enacted to require the
mandatory connection of all properties in the impacted area to the
public water system.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A.
All improved properties located within the impacted area, whose addresses
are listed in Exhibit A,[1] shall connect to the public water system within 60 days
following written notice to connect from the Township.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
In addition to the properties required to connect under § 133-2A,
all properties located in the impacted 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 public water system within 60 days following written notice
to connect from the Township. Residential buildings or nonresidential
buildings constructed, renovated or improved on properties required
to connect shall connect to the public 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.
Once a connection to the public water system has occurred, no property
owner shall disconnect a property from the public water system.
D.
All connections to the public water system shall be subject to the
specifications of the water utility.
E.
Connection by the Township. In the event that a property owner shall
neglect or refuse to connect a property to the public 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 agents may enter upon said property owner's property and
construct the connection to the public 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.
Within 60 days after notice from the Township to connect to the public
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, 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 DEP.
C.
Pursuant to the terms of a grant from DEP to the Township, the cost
of closure of the private wells for the properties listed in Exhibit
A[1] shall be paid by DEP. The foregoing notwithstanding, where the owner of a property listed in Exhibit A 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 public 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 first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Board of Supervisors of the Township. 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 public water system, the Township or DEP, or their agents, may enter upon such owner's property and perform the disconnection and closure as provided in § 133-3E 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 § 133-3E.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
Except as provided in § 133-3C above, the cost of disconnecting 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 DEP, or their 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 or DEP.
F.
Notwithstanding anything to the contrary in this § 133-3, existing wells within Impacted Area 1 may continue to be used for industrial or commercial, nonpotable purposes, provided that: 1) such use is registered with the Township; 2) the property is connected to the public water system for all potable uses; and 3) the owner of the property conducts annual testing and reporting to DEP of water quality. No new wells shall be installed at any properties within Impacted Area 1, except for the purpose of groundwater investigation or remediation or except for the replacement of an existing well used for industrial or commercial nonpotable use with the new replacement well being used only for industrial or commercial nonpotable use on the terms set forth above.
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 public 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 public 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 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 the Township treasury.
Nothing in this section shall prohibit the Township 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.
