[HISTORY: Adopted by the Board of Supervisors of the Township
of Skippack as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-2014 by Ord. No. 346]
A.
It has been determined by the Department of Environmental Protection
("DEP") that an area located in Skippack Township that includes Bridge
Road, Serendipity Way and a portion of Skippack Pike has been contaminated
with a chlorinated solvent, trichloroethene (TCE) at levels that are
above the state medium specific concentration (MSC) for residential
properties and that the contaminants in the groundwater pose potential
human health and ecological risks. The properties impacted consist
of approximately 23 homes and businesses located along portions of
Bridge Road, Serendipity Way, and Skippack Pike. Public water is available
in some of the areas, but many of the residences and businesses located
within the described area rely upon private wells for their water
supply needs. In its statement of decision dated April 14, 2010, DEP
determined that the connection of the affected properties to a public
water system through the installation and connection of properties
to new public water lines and the connection of properties to existing
water lines of North Penn Water Authority is the most viable and cost-effective
solution to the groundwater contamination which will best address
the health, safety, and welfare of the residents and business owners
in the impacted area.
B.
In addition to the properties required to connect under § 195-1A, 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 to cover the cost in that amount may be recorded against the
property benefited by the improvement.
A.
Pursuant to the terms of a grant from DEP to the Township, the cost
of physically connecting the properties whose addresses are listed
in Exhibit A[1] to the public water system shall be paid from the grant
funds provided by DEP or the Additional Funding. The foregoing notwithstanding,
where the owner of a property listed in Exhibit A[2] refuses to allow connection of a property listed in Exhibit A to the public water system for a period of 90 days from the date of the Township notice to connect, then the property owner's right to receive payment from the DEP grant or additional funding of the cost of connection shall terminate, provided that 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 Township is required to enter the property under § 195-1E and connect the property to the public 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 § 195-1E.
B.
Except as otherwise provided in § 195-2A, the cost of physically connecting a property in the impacted area to the public water system shall be paid by the property owner. In the event the Township is required to enter a property under § 195-1E and connect a property to the water system under § 195-1E above, a lien in the amount of the cost of the connection may be recorded against the property that is benefited by the connection.
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 that 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 owners' property and perform the disconnection
and closure as provided in § 195-4E, 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 § 195-4E.
[1]
Editor's Note: Exhibit A, a list of properties and property
owners, is on file in the Township offices.
D.
Except as provided in § 195-4C 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.
The property is connected to the public water system for all potable
uses; (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 the Bridge Road TCE site, 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.
