As used in this Part, the following terms shall have the meanings
indicated:
ACTIVITY
The drilling of a production well, the enlarging of a production
well, the conducting of a pump test of the production well and/or
conducting of a step test of a production well.
PERSON
The owner or owners of the premises upon which any activity
concerning a production well governed by this Part is to occur and
the person or persons conducting such activity.
PRODUCTION WELLS
A well intended to supply 10 or more residential units with
water and/or any individual well intended to yield or supply a minimum
of 10,000 gallons per day.
RULES OF CONSTRUCTION
A.
The singular meaning includes the plural, and the plural the
singular. The masculine gender includes the feminine and neuter.
B.
The word "person" includes every individual or group of individuals,
partnership, firm, association, corporation or organization.
SAFE YIELD
The amount of water that can be removed from the aquifer
without exceeding the amount of water that is annually replaced by
infiltration of water into the aquifer.
No person shall drill or enlarge a production well, or conduct
step or pump tests for a production well except in compliance with
the provisions of this Part. Furthermore, no person shall permit a
production well to be drilled or enlarged upon his land, or permit
a production well to be step-tested or pump-tested upon his land,
except in compliance with the provisions of this Part.
[Amended 4-21-1999 by Ord. No. 216]
No person shall proceed to drill or enlarge a production well,
or to conduct step or pump tests on a production well within Upper
Makefield Township unless the Township Planning and Zoning Officer,
the Township Engineer and all residents within a one-half-mile radius
of the subject production well are notified in writing of the intent
to drill, enlarge, step test or pump test a production well at least
14 days prior to the commencement of such activity. The notification
shall contain the name of the owner of the property upon which the
production well is to be located or is located, the location of the
property, the address and telephone number of the owner of the property,
and the name, address and telephone number of the person conducting
the drilling, enlarging, step testing or pump testing activity. Furthermore,
the notice shall state the precise dates on which the activity is
to occur.
[Amended 4-21-1999 by Ord. No. 216]
A. Permit required. No person shall drill or enlarge a production well,
or conduct a step test or pump test for a production well unless the
owner of the land upon which the production well is located or is
to be located or the person conducting the activity has first obtained
a permit from the Township Secretary. The permitting requirement of
this section shall not apply to public utilities operating under a
certificate of public convenience issued by the Public Utility Commission.
B. Permits shall be issued by the Township Planning and Zoning Officer
upon payment by the applicant of the fee required for the activity
to be conducted. The Board of Supervisors of Upper Makefield Township
shall, by resolution from time to time, establish the fee schedule
for permits applicable to the drilling, enlarging, step testing, and/or
pump testing community wells.
C. The application for a permit shall be in writing by the applicant
and shall set forth the following information:
(1) The exact location of the community well.
(2) The name, address and telephone number of the owner of the tract
of land upon which the production well is situate or intended to be
situate.
(3) The name, address and telephone number of the person conducting the
activity.
(4) The precise date or dates upon which the activity is to occur.
(5) The proposed pumping rate, together with the calculation establishing
the projected; water demand for the proposed well.
(6) A long-term safe yield calculation for the proposed well based on
the underlying geologic formation(s).
(7) A satisfactory contingency plan pursuant to §
26-209 hereof to promptly supply water to anyone adversely affected in either quantity or quality by the pump test.
D. Drilling a production well, enlarging a production well, conducting
a step test of a production well, and conducting a pump testing of
a production well shall each be considered separate activities, and
each shall require a separate permit. The permit shall be secured
by the applicant a minimum of 72 hours prior to occurrence of the
activity. Permits shall automatically expire and become null and void
15 days after issuance.
If for any reason whatsoever, the proposed activity is delayed
so that the notice to the Township Secretary, the Township Engineer
and residents within 1/2 mile of the production well sets forth incorrect
information with regard to the date of the intended activity, in that
event, the owner of the premises or the person conducting the activity
shall issue new notices to the Township Secretary, the Township Engineer
and residents within 1/2 mile of the production well.
The Township Engineer shall have the right, at the sole discretion
of the Board of Supervisors of Upper Makefield Township, to be present
at the site for any activities involving the drilling or enlarging
of a production well, and the pump testing or step testing of a production
well.
[Amended 4-21-1999 by Ord. No. 216]
Within 30 days after the activity governed by the permit has
been completed, the owner of the premises or the person conducting
the activities shall supply the following information to the Township
Secretary and the Township Engineer:
A. The yield of the production well based on a long-term pumping test
(48 hours or longer), if the permit given was for a pumping test.
Actual length of the pumping test beyond 48 hours must be determined
based on evaluation of the data collected while the well is pumping.
B. An analysis of the quality of the water obtained from the production
well during the pump test (if the permit was for a pump test) in accordance
with the requirements of the Safe Drinking Water Act.
C. If the permit is for a pump test, computation of all well aquifer
characteristics including, but not limited to, transmissibility and
storage, and the area of the influence of the production well during
the pump test. A minimum of five monitoring wells shall be evaluated.
The monitor wells shall be chosen so that one well is as close as
possible to the proposed or existing production well, two wells are
approximately 1/4 mile from the existing or production well (each
to be in opposite directions of the production well). Well drawn-down
data shall be supplied for the production well and for each monitor
well. If such wells are not available, then applicant must drill monitoring
wells in the required location.
D. A detailed evaluation of the effect of groundwater withdrawal of
surface water within one-half-mile radius of the production well.
E. A long-term safe yield calculation based on the pump test result.
The applicant shall be required to provide an adequate supply
of potable water to any person adversely affected by any well test
promptly upon being notified by the Township or the affected well
owner. This duty shall continue until the affected well is capable
of producing an adequate supply of potable water to the well owner.
[Amended 12-6-1995 by Ord. No. 186]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation continues shall constitute a separate offense.