[Ord. 262, 9/17/2007]
The applicant seeking approval of a permit for a Class 2 or Class 3 well or well cluster shall be responsible for any adverse effect caused by the applicant's well(s) to any residential domestic water supply well existing prior to the issuance of a well drilling permit.
[Ord. 262, 9/17/2007]
The applicant shall deposit with the Township at the time of the issuance of the well utilization permit financial security in an amount determined by multiplying $3,500 times the number of all other groundwater wells located within the hydrologic environment set forth in the water resources impact study and as approved by the Township. Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within Pennsylvania.
[Ord. 262, 9/17/2007]
1. 
For a period of 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production, the applicant shall be presumed to be responsible for any adverse effect to any residential domestic water supply well within the hydrologic environment of the applicant's well or well cluster.
2. 
The applicant shall not be presumed to be responsible for any adverse effect to any well beyond the hydrologic environment of the applicant's well or well cluster.
3. 
The applicant shall not be presumed to be responsible for any adverse effect to any well that takes place more than 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production.
[Ord. 262, 9/17/2007]
1. 
Any:
A. 
Owner of a residential domestic water supply well beyond the hydrologic environment of the applicant's well or well cluster.
B. 
Owner of a residential domestic water supply well which suffers an adverse effect more than 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production.
C. 
An applicant who asserts that an adverse effect to a residential domestic water supply well within the hydrologic environment of the applicant's well or well cluster and taking place within 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production is not caused by applicant's well(s) may overcome the presumption(s) set forth in § 26-263 of this Part by offering such evidence as they believe rebuts the presumption(s) at a hearing to be held in front of the Wrightstown Township Board of Supervisors pursuant to the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
[Ord. 262, 9/17/2007]
Any party desiring a hearing pursuant to § 26-264 of this Part shall make demand therefore to the Township Administrator in writing and with proof of service thereof on either the applicant or upon the owner of the residential domestic water supply well which is alleged to have suffered an adverse effect, as the case may be. The Board of Supervisors shall then schedule a hearing not less than 15 days or more than 90 days after receipt of the demand for hearing. Notice of the hearing shall be given to the applicant and the owner of the residential domestic water supply well which is alleged to have suffered an adverse effect. At the hearing each party shall have the right to present evidence and to cross examine witnesses. The party making the demand for the hearing shall have the burden of proof. All testimony shall be stenographically recorded at the cost of the parties and a full and complete record shall be kept of the proceedings. The decision of the Board of Supervisors shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally or by mail. Any party aggrieved by the decision of the Board of Supervisors may appeal therefrom in accordance with 2 Pa.C.S.A. § 751.
[Ord. 262, 9/17/2007]
1. 
Any party desiring a hearing pursuant to § 26-264 of this Part shall make demand therefore:
A. 
In the case of the applicant, within 10 days of having received notice from the Township or from an owner of a residential domestic water supply well within the hydrologic environment of the applicant's well or well cluster and within 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production, having allegedly suffered an adverse effect to the owner's well.
B. 
In the case of an owner of a residential domestic water supply well beyond the hydrologic environment of the applicant's well or well cluster and/or an owner of a residential domestic water supply well suffering an Adverse Effect more than 60 months after applicant's Class 2 or Class 3 well or well cluster is put in full production - within 10 days of having received notice from the applicant that the applicant denies responsibility for the adverse effect to the owner's well.
[Ord. 262, 9/17/2007]
In the event that it is finally determined pursuant to the provisions hereof that applicant is responsible for an adverse effect to a residential domestic water supply well, then applicant shall alleviate the problem, all at no expense to the affected property owner(s), so as to furnish reasonable quantity and quality of water. Applicant shall supply potable water to the property owner(s) until the corrective work is completed and shall reimburse the property owner(s) for their cost of securing potable water prior to applicant doing so. The applicant shall alleviate the adversely affected water supply by deepening an existing well, drilling a new well or connecting the affected property owner to the public water supply so as to furnish reasonable quantity and quality of water for domestic use. The connection of an affected property owner to the public water supply shall be at the property owner's election, except where the adverse effect is determined to be the presence of hazardous materials that cannot be remedied by deepening or replacing the well, in which case the applicant shall connect the property owner's house to a public water supply.
[Ord. 262, 9/17/2007]
In the event applicant does not commence to remedy the adversely affected water supply within five days, of when it is finally determined pursuant to the provisions hereof that applicant is responsible for an adverse effect to a residential domestic water supply well, Wrightstown Township may draw down the financial security posted pursuant to § 26-262 of this Part and apply such security to take whatever action which Township deems is necessary to cure the problem. In the event that the financial security is not sufficient to cure the problem, applicant shall be responsible for any additional expense including legal, engineering and administrative costs, which are incurred in curing the problem.
[Ord. 262, 9/17/2007]
Sixty months after the date any applicant's Class 2 or Class 3 well or well cluster reaches full production, the applicant, upon written request, shall have all financial security posted with the Township pursuant to this Part returned to the applicant, except such security as may be necessary to remedy any pending claims of adversely affected wells which have not been finally determined pursuant to the provisions hereof.