[Ord. 1099, 7/9/2009, § 1]
The Borough of Shillington.
The water supplied by the Borough of Shillington.
Temporary removal of ground water from excavating site.
The person holding the legal or equitable title to real property
or a lesser estate therein, a mortgagee or vendee in possession, an
assignee of rents, receiver, executor, trustee, lessee or any other
person, firm or corporation directly or indirectly in control of a
building, structure or real property of his duly authorized agent.
Any individual, partnership, corporation, limited liability
company, association, organization, or other legal entity.
Pipe owned or controlled by the Borough located within the
street right-of-way or other public easement used to carry water within
the Borough water service system to the water customer.
A hole drilled or bored into the earth for the purpose of
removing water through mechanical or not mechanical means.
[Ord. 1099, 7/9/2009, § 1]
Except as provided in § 26-303, no owner shall install, construct, develop, maintain or use a water well for private or public use within the Borough.
[Ord. 1099, 7/9/2009, § 1]
1.
The following water wells are permitted within the Borough, under
the terms and conditions specified:
A.
A water well used solely for the purpose of construction site dewatering
or for conducting response activities, including sampling or treatment
of the groundwater, under a plan approved and permits issued by the
Pennsylvania Department of Environmental Protection.
B.
A water well lawfully in existence at the time of the enactment of
this Part; provided, however, that such water well shall not be used
for drinking water or agricultural purposes (as defined in 25 Pa.
Code § 250.5) and that the size of such water well shall
not be expanded.
C.
A water well for new development when a water main is not located
within 500 feet of the property and the Borough determines, in its
sole discretion, that connection to a water main for the new development
is not feasible, provided that the water from the water well is tested
annually and approved for human consumption by the Pennsylvania Department
of Environmental Protection and the Berks County Health Department.
[Ord. 1099, 7/9/2009, § 1]
Except for existing water wells permitted under § 26-303, Subsection 1B, above, the owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the Borough and abutting on any street, alley, or right- of-way in which there is now located or may in the future be located a water main within 500 feet of the property is hereby required at his or her expense to install suitable plumbing facilities therein, in accordance with the plumbing codes then in effect and enforced within the Borough, and to connect such facilities directly with the Borough water service. For water wells permitted under § 26-303, Subsection 1C, above, the owner shall connect to the Borough water service within 90 days after receiving a notice to connect from the Borough.
[Ord. 1099, 7/9/2009, § 1]
1.
The Zoning and/or Code Enforcement Officer of the Borough is authorized
to enforce any provisions of this Part.
2.
Any person who shall violate any of the provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$500, and in default of payment of said fine, be subject to imprisonment
for a term of not more than 30 days. Every day that a violation of
this Part continues shall be deemed to be and shall constitute a separate
offense hereunder.
3.
This Part shall be governed by the laws of the Commonwealth of Pennsylvania.
[Ord. 1099, 7/9/2009, § 1]
A violation of this Part is hereby declared to be a nuisance
per se and is declared to be offensive to the public health, safety
and welfare.
[Ord. 1099, 7/9/2009, § 1]
1.
Within five days of the effective date of this Part, the Borough
shall provide written notice of the conditions of this Part to all
water suppliers servicing the Borough, except for the Borough itself,
if any. In the event that a new water supplier shall service the Borough
or any portion thereof in the future, the Borough shall provide written
notice of the conditions of this Part to such new water supplier.
2.
In the event of a modification, amendment or repeal of this Part,
the Borough shall provide immediate notification of such modification,
amendment or repeal to the Pennsylvania Department of Environmental
Protection within five days of the effective date of the ordinance,
resolution or other official action of the Borough Council effectuating
such modification, amendment or repeal.
