[Ord. 200, 8/6/1990, Subpart A, § 1]
No person, firm corporation or other entity
within the Borough shall withdraw ground water for any purpose without
a Borough permit by use of a well, except as permitted by this Part
and the regulations herein set forth. Existing wells under permit
by the Delaware River Basin Commission shall comply with this Part
upon renewal thereof.
[Ord. 200, 8/6/1990, Subpart A, § 2;
as amended by Ord. 205, 4/1/1991, § 1; and by Ord. 256,
5/24/2004]
The following words or phrases, when used in
this Part, shall have the meaning ascribed to them in this Part except
where the context clearly indicates a different meaning:
Act of May 2, 1945 (P.L. 382, 164) known as the "Municipality
Authorities Act of 1945," as amended.
The advantage, betterment and availability of public water
supply has been provided to, or made available to, a property owner
as a customer or rate payer of the public water system.
Dublin Borough Council or its operating municipal authorities.
The Borough-permitted capacity of the well, as applied for.
A fee defined under the Act which shall not exceed an amount
based upon the actual cost of connection of the property extending
from the Borough's main to the property line or curb stop of the property
so connected, including road restoration to Pennsylvania Department
of Transportation specifications.
A fee defined under the Act which shall not exceed an amount
based on the actual cost of facilities serving the connected property
from the property line or curb stop to the proposed dwelling or building
to be served. This fee is chargeable only when the Borough installs
customer facilities, except that, in any case, it shall include the
cost of a water meter provided for or specified by the Borough.
Delaware River Basin Commission.
All acts necessary to construction of wells such as drilling,
boring, coring, washing, digging, driving or jetting.
United States Environmental Protection Agency.
The definitions of the "Act" are incorporated by reference.
Pennsylvania Department of Environmental Protection.
A corporation, partnership, municipal authority or association,
as well as a natural person.
These terms include only person(s) or entity(ies) who own
real estate in Dublin Borough which is benefitted, improved or accommodated
by the Dublin Borough water system, or proposed extensions thereof,
or to be so benefitted, improved or accommodated by agreement with
Dublin Borough, or required, or subject, by ordinance to becoming
connected as customers. The term "property owner," "owner," or "owner
of property" does not include any person or entity seeking to construct
a water main, or to construct water facilities, or to connect properties
thereto, which person or entity has no ownership interest in the Dublin
Borough property or properties to be served by the Dublin Borough
public water system, whether it owns well sites or water supply sites
or not.
A fee, as defined in the Act, for capacity related facilities,
distribution facilities, special purpose facilities, and reimbursement
component, calculated as provided for in the "Act."
Waters in and under the ground surface, whether percolating
or otherwise.
Any excavation that is drilled, cored, washed, driven, dug,
or otherwise constructed for the location, diversion, or acquisition
of underground waters, or charging of water into underground strata.
Wells without pumps used merely for monitoring various scientific
data are not included in the Part.
Any water well contractor, his employee or representative
in charge of drilling or otherwise constructing a well.
As defined by law.
[Ord. 200, 8/6/1990, Subpart A, § 3]
This Part does not apply to existing active
wells within the Borough pre-dating December 5, 1983 (date of Ord.
145[1]) unless and until the well is in any way changed in any
material way. The Part applies to all new, reactivated, redrilled
or expanded wells within the Borough. There shall be two classes or
categories of permits: first, a building permit issued by the Borough
Manager for wells proposed to withdraw up to 1,000 gallons of water
per day and, second, a permit issued by Borough Council for wells
proposed to withdraw 1,000 gallons or more per day. All wells of either
category to be eligible for a permit must have a meter (up to 1,000
gallons per day), or a continuous flow recorder (more than 1,000 gallons
per day).
[1]
Editor's Note: Ord. 145, 12/5/1983, is superseded
by Ord. 200, 8/6/1990, this Part.
[Ord. 200, 8/6/1990, Subpart A, § 4;
as amended by Ord. 203, 1/7/1991, § 1; and by Ord. 256,
5/24/2004]
1.
Small Wells. Where a person proposes to locate and
drill or have redrilled any well with a proposed withdrawal capacity
of up to 1,000 gallons per day, he or she shall make written application
to the Borough Manager, on forms supplied by Borough. Said written
application, to be executed by applicant, shall set forth (but not
be limited to) the following information:
A.
Total number of occupants.
B.
Types of water use.
C.
Estimation of water usage.
D.
History of water supply problems.
E.
Information on existing wells within the property
including location.
F.
Surface elevation.
G.
Name of well driller.
H.
Well diameter.
I.
Static water level and well yield, and proof of potability
to EPA/PADEP Standards, or treatment thereof to minimum standards.
(See Appendix "D")
2.
Large Wells. Regulations for the drilling, construction
and testing of wells of a proposed withdrawal in excess of 1,000 gallons
per day, or multiple wells upon the same development site or subdivision
of pumping in the aggregate in excess of 1,000 gallons per day. All
newly drilled wells in Dublin Borough shall be constructed in conformity
with accepted construction standards and shall comply with the minimum
requirements set forth:
Note: Included herein are subdivision and land
development projects (community wells) to be served by a water distribution
system and supplied by a common well with withdrawals not exceeding
10,000 gallons per day (gpd) over any thirty-day period (current DRBC
standard).
Note: Whenever the community wells supply 15
or more connections (dwelling units), a permit from the Pennsylvania
Department of Environmental Protection (PADEP) is also required for
operation of the well and the owner of the proposed subdivision shall
notify the Bucks County Department of Health. Nothing contained in
this Part shall be construed as exonerating the applicant from meeting
any and all requirements of other regulatory agencies, or for other
components of the water supply system.
A.
Regulations - Community Wells.
(1)
Notification. Applicant shall notify the Borough
at least 30 days prior to commencement of drilling by applying for
a drilling permit. The application for the drilling permit shall be
accompanied by the following information:
(a)
Projected water supply.
(b)
Map showing the location of the proposed test
well(s).
(c)
Location of existing wells within a one-thousand-foot
radius.
(d)
Location of all known areas of groundwater pollution
within a two-thousand five-hundred-foot radius.
(e)
Amounts of existing ground water withdrawals,
in tabulated form, within a one-thousand-foot radius.
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Actual drilling shall not commence until all
of the necessary approvals have been obtained from the Bucks County
Department of Health and a drilling permit is obtained from Dublin
Borough, and other applicable agencies.
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(2)
Well Drilling and Construction - Community Wells.
(a)
Community water supply wells shall be no less
than 300 feet deep. Actual depth may vary and some wells may have
to be deeper in order to provide the necessary supply. In every circumstance,
the initial yield of the well must be sufficient to provide a reliable
source of supply under the most adverse conditions, when accounting
for the reduction in yield with long-term operation.
(b)
A detailed drilling record and geologic log
shall be prepared during drilling of the test well(s). Rock specimens
shall be analyzed at five-foot intervals in order to describe the
lithology encountered, and information shall be obtained as to depth
and estimated yield of the water-bearing zones. Proper hydrogeologic
methodology shall be used to estimate the yield of the water-bearing
zones.
(c)
Community wells shall be constructed at eight-inch
diameter or larger. The wells shall be double cased with a minimum
of 10 feet of outer casing and 40 feet of inner casing, and the annulus
or space between the two casings, and the inner casing and the bedrock
shall be grouted with neat cement.
(3)
Pump Test. Upon completion of drilling and well
construction, the well shall be submitted to a step-drawdown and long-term
pump test. Prior to implementation of the pump test, applicant shall
prepare and submit to the Borough, for its review and approval, a
network of existing wells located nearby the project to be monitored
during the test and a protocol for the implementation of the step-
and long-term pump tests. The protocol shall address and comply with
the following minimum requirements:
(a)
Collection of background water level data in
the production well. The water level data in this well should be collected
with a continuous water level recorder in order to properly define
water level trends and degree of impact, if any, from nearby pumping
centers.
(b)
Collection of background water level data in
the monitoring network wells.
(c)
Number of steps and rates to be used during
the step-drawdown test.
(d)
Upon completion of the step-drawdown test and
analysis of the data thereof, applicant shall indicate to the Borough
the discharge rate to be used during the long-term test. The long-term
test shall be of forty-eight-hour duration or longer and shall be
conducted at a constant rate of discharge. The well shall be equipped
with the proper apparatus to readily verify and adjust the discharge
rate as required.
(e)
Detailed water level measurements in the pumping
well shall be collected during pumping and, after cessation of pumping,
during recovery.
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A pump test shall not be implemented until the
monitoring network and the protocol have been approved by the Borough's
hydrogeologist.
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(4)
Water Quality. Ground water samples shall be
collected at the pumping well after 48 hours of continuous pumping
and submitted to a PADEP certified laboratory for chemical analysis.
The samples shall be analyzed in accordance with DEP's New Source
Sampling and Testing Matrix (DERBCEC-44: 7/85; PGN-PWS-P-3 or as revised),
which includes:
(a)
Inorganic, organic, secondary, turbidity, microbiological,
volatile organic compounds (regulated and unregulated), and radiological
parameters.
(5)
Well Permit. Upon completion of the work tasks
set forth above, applicant shall submit an application to the Borough
for a well permit. The application shall be accompanied by a hydrogeologic
report prepared by a qualified hydrogeologist. Hydrogeologic reports
shall be prepared in accordance with the following guidelines:
(a)
General Report Requirements.
1)
The report shall certify that previous report
prepared by other consultants in the Borough which are determined
to be relevant by the Borough, have been reviewed and referenced.
2)
While statements concerning regional geologic
and hydrogeologic conditions are acceptable, the report shall emphasize
site and Borough specific conditions.
3)
The text of reports shall contain all appropriate
data, graphs, analyses, and methods used to reach the conclusions
contained in the report. Appendices shall contain all data collected
during implementation of the various work tasks.
4)
Figures within the report shall contain complete
legend, title, and scale.
5)
All numerical parameters shall be presented
with appropriate units, and all data shall be appropriately referenced.
6)
Every report shall contain a topographic map
at a minimum scale of one inch equals 2,000 feet showing the location
of the project site, production well(s), monitor wells, stream flow
monitoring stations (where applicable), and existing large yield wells
within 1/2 mile of the site.
7)
The report shall include calculations for all
appropriate parameters.
8)
While inclusion of general and regional ground
water recharge rates as offered by various authors is acceptable,
estimates of long-term or dry period yield of the well shall be based
on analysis of the well-specific hydrogeologic data, and the method
used shall be described in the text of the report. The estimate(s)
shall be presented in tabular form.
9)
The water quality data shall be tabulated and
presented within the text of the report. The report from the laboratory
performing the analysis shall be included in the appendix.
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Whenever an agreement is sought between the
applicant and the Borough for the dedication of the well and appurtenances
thereto, additional and more specific requirements may be imposed
in negotiations with Borough Council as are needful or appropriate
to the specific circumstances, in Borough Council's reasoned judgment.
Construction of the well facilities shall not commence until a well
permit has been obtained from the Borough, and then only after all
necessary approvals and permits by other regulatory agencies have
been issued, including any wetlands permits, if required.
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B.
Regulations - Large Yield Wells.
Note: Included in this category are subdivision
and land development projects to be served by a water distribution
system and supplied by a central well with projected withdrawals exceeding
10,000 gallons per day (gpd) over any thirty-day period. Such wells
must be approved by the Pennsylvania Department of Environmental Protection
and the withdrawal must be approved by the Delaware River Basin Commission
pursuant to Ground Water Protected Area regulations. Applicant shall
comply with all requirements of these agencies and nothing contained
in this Part shall be construed as exonerating applicant from meeting
such requirements.
Borough requirements for the drilling, construction,
pump testing, and quality testing of a large yield well are set forth
below.
(1)
Notification - Large Well. At the time of notification
to the DRBC of intent to drill, applicant shall also notify the Borough
and shall apply for a drilling permit. The application for the drilling
permit shall include the following information:
(a)
Projected long-term water supply needs.
(b)
Section of U.S.G.S. Quadrangle showing the location
of the proposed test well(s).
(c)
Location of existing wells within a radius defined
as follows: 1/2 mile for withdrawals up to 50,000 gpd.- 3/4 mile for
withdrawals between 50,000 and 100,000 gpd; one mile for withdrawals
in excess of 100,000 gpd.
(d)
Amounts of existing ground water withdrawals,
in tabulated form, within applicable radius.
(e)
The information required for community wells
in Subsection 4B(1)(a) above. Drilling of the test well(s) shall not
commence until all the necessary permits and approvals including any
wetlands permits, have been received.
(2)
Large Well Drilling and Construction.
(a)
Large yield wells shall be 400 feet deep minimum,
and deeper when necessary, in order to provide the required water
supply. Determination of appropriate extended depth must be based
on site specific conditions encountered during drilling.
(b)
A detailed drilling record and geologic log
shall be prepared during drilling of the test well(s) and construction
of the production well(s). Rock specimens shall be analyzed at five-foot
intervals in order to describe the lithology encountered, and reliable
information shall be obtained as to depth and estimated yield of the
water-bearing zones. Proper methodology shall be used to estimate
the yield of the water-bearing zones and shall be appropriately described.
The logging shall be performed by a qualified hydrogeologist.
(c)
Large yield wells shall be constructed at ten-inch
diameter or larger, and shall be double cased, with a minimum 10 feet
outer, and 40 feet inner casing or as required by site-specific conditions.
The annulus or space between outer and inner casing, and between inner
casing and bedrock shall be grouted with neat cement or similar compound.
Emplacement of the grout shall be uniform, from the bottom up, with
a tremie pipe or other approved method.
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Prior to commencement of drilling, applicant
shall submit to the Borough a work plan protocol outlining the drilling
program. The program shall be modified as required until approved
by the Borough.
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(3)
Large Well Pump Test. The necessary pump tests
shall be implemented in full compliance with state and DRBC requirements.
Applicant shall provide copies of all correspondence from and to the
DRBC, including information on the well and stream network approved
by this agency for monitoring. Applicant shall also provide the Borough
with a protocol for the implementation of the step- and long-term
pump tests. The protocol shall address and comply with the following
requirements, in addition to those that may be imposed by the DRBC
or other regulatory agencies:
(a)
Collection of background water level in the
production well. The water level data is to be collected with a continuous
water level recorder to properly define water level trends and degree
of impact, if any, from nearby pumping centers.
(b)
Collection of background water level data in
the monitoring network wells (and streams), if required by the DRBC.
(c)
Number of steps and rates to be used during
the step-drawdown tests. Proposed discharge rates shall be consistent
with the estimated yield of the well after drilling and construction.
(d)
Proposed pumping rate for the forty-eight-hour
pump test. The rate, shall be consistent with the estimated yield
of the well. The test shall be conducted at a constant rate, and the
well shall be equipped with the proper apparatus to readily verify
and adjust the discharge as necessary.
(e)
Detailed water level measurements in the pumping
well shall be collected during pumping and, after cessation of pumping,
during recovery.
(4)
Large Well Water Quality. Sampling and analysis
of the ground water at the well shall be in accordance with Bucks
County Health Department (BCHD)/PADEP requirements. The BCHD staff
shall be provided sufficient notification time for planning collection
of split samples.
(5)
Large Yield Wells - Permit. Submittal to the
Borough for large yield wells shall include legible copies of all
modules, applications, reports, and follow-up information required
by the Bucks County Health Department/Pennsylvania Department of Environmental
Protection, and the Delaware River Basin Commission. The hydrogeologic
report submitted in support of the application for a ground water
withdrawal permit shall be prepared by a qualified hydrogeologist.
To the extent that the data protocol is not in conflict with requirements
of the DRBC, hydrogeologic reports to Dublin Borough shall be prepared
in accordance with the following guidelines.
(a)
General Report Requirements:
1)
The report shall reference, to the extent applicable
data from all previous reports prepared by other consultants in or
for the Borough, which are determined to be relevant by the Borough
hydrogeologist.
2)
While statements of general regional geologic
and hydrogeologic conditions are acceptable, the report shall emphasize,
focus upon, deal with, and consider in detail all known site and Borough
specific conditions.
3)
The text shall contain all appropriate data,
calculations, graphs, analyses, and methods calculations, graphs,
analyses, and methods used to reach and prove the conclusions contained
in the report. Appendices shall contain all data generated during
implementation of the various hydrogeologic work tasks.
4)
Figures within the report shall contain complete
legend title and scale.
5)
All numerical parameters shall be presented
with appropriate limits, and all data shall be appropriately referenced.
6)
Every report shall contain a topographic map
at a minimum scale of one inch equals 1,000 feet, showing the location
of the project site, production well(s), monitor wells, stream flow
monitoring stations (where applicable), and existing large yield wells
within 1/2 mile of the site.
7)
The report shall include calculations for all
appropriate parameters.
8)
While inclusion of general and regional ground
water recharge rates as offered by various water recharge rates as
offered by various authors is acceptable, estimates of long term or
dry-period yield of the well(s) shall be based on analysis of the
well-specific hydrogeologic data, and the method used shall be described
in the text of the report. The estimate(s) shall be presented in tabular
form.
9)
The water quality data shall be tabulated and
presented within the text of the report. The report from the laboratory
performing the analysis shall be included in the appendix.
10)
The report in its entirety shall
be readable and legible, including the exhibits, and shall contain
a concise, executive summary presented with a minimum of jargon.
11)
The report shall contain an assessment
upon any material impact upon the Dublin Borough environment.
C.
Regulations - All Community/Large Wells.
(1)
No water may be withdrawn from or discharged
from a community well or a large well into any public water system,
or onto the surface unless a properly engineered system to remove
all contaminants to PADEP/USEPA drinking water standards is installed,
and an amount of money, or a guaranteed funding plan, is placed in
escrow with the Borough sufficient to cover an (engineer certified)
statement of the operations, maintenance and capital replacement expenses
of the purification system, to operate until the groundwater reaches
background levels of all contaminants. Any present or future air pollution
standards of the EPA/PADEP shall be similarly provided for.
D.
Recovery Wells. Recovery wells (for the purpose of
groundwater clean up) shall comply with all of the requirements for
large wells.
E.
Exemption. The Borough and any Dublin Borough Authority[1] shall be exempt from the requirements of this Part.
[1]
Editor’s Note: The Dublin Borough Authority was dissolved
and terminated by Ord. No. 321, 2-11-2019. This ordinance also provided
that all assets of all projects of the Authority be transferred to
the Borough of Dublin.
F.
General.
(1)
Wells under § 26-304, Subsection 2B, and § 26-304, Subsection 3B (Large Yield Wells and Recovery Wells) may not be constructed nor any Borough permit be granted, which, in the rational judgment of Borough Council, upon legal or certified technical advice, would adversely impact upon, or is rationally believed to threaten such an adverse impact upon the Borough public water system, or the quality of the or/groundwater aquifer. The burden of proof shall be upon the applicant to present at its expense a competent and comprehensive environmental impact study, including the impact upon said public water system, to Borough Council. Any disagreement(s) shall be resolved under the procedures of the Local Agency Law, 2 Pa.C.S.A. § 105 et seq. Approval by Dublin Borough is not to be construed as an agreement to ever accept dedication.
(2)
Compensation and Remediation to Affected Owner's
Wells. If any other property owner claims a well permitted under this
Part adversely affects said owner's well, as a continuing condition
of the permit, permittee shall take immediate steps:
(a)
Providing an alternative water supply of adequate
quantity and quality, to the affected well owner(s).
(b)
Providing financial compensation to the affected
well owner(s) sufficient to cover the costs of acquiring an alternative
water supply of adequate quantity or quality.
(c)
Such other measures as the Borough shall determine
to be just and equitable under the circumstances present in the case
of any individual application.
(d)
Indemnify and hold Dublin Borough harmless in
any resulting dispute including consultant and counsel fees, plus
10%.
(3)
Revocation of Permit. A material misstatement
in the permit documentation, failure to make required payments, or
over-pumping of an approved well shall automatically revoke the permit,
which shall be resubmitted, or the well capped off and sealed, without
need of notice.
G.
Fees. There shall be no fee requirement for applications for permits under § 26-304, Subsection 1, Applications for permits under § 26-304, Subsection 2A, § 26-304, Subsection 2B, and § 26-304, Subsection 2C, shall be accompanied by a fee in an amount as established from time to time by resolution of Borough Council. Said fees are intended, in part, to defray accumulated past and present costs of hydrogeological review, legal review and inspections. In the event such costs exceed the aforesaid sums, the actual costs incurred, plus 10%, shall be due when billed by Dublin Borough.
H.
Penalties. It shall be unlawful for any person to
locate, drill, reactivate or have redrilled any well or to install
or have installed any related pumping equipment, until a permit pursuant
to this Part shall have been issued hereunder. Any dispute hereunder
shall be subject to the procedure provided by the Local Agency Law.
[Ord. 200, 8/6/1990; as added by Ord. 205,
4/1/1991, § 2; as amended by Ord. 211, 3/9/1992, § 1;
and by Ord. 268, 8/22/2005]
1.
Connection Fees. The Borough will charge the connection
fee at its cost. The Borough will not permit individual property owner(s)
to install street connections because of the irresponsibility of private
contractors in meeting Pennsylvania Department of Transportation restoration
standards unless the property owner deposits with the Borough, in
escrow, an amount satisfactory to the Borough Engineer, and executes
an agreement satisfactory to the Borough Solicitor, and pays for the
services of the Engineer and Solicitor at the time of the escrow deposit.
Actual cost will be calculated pursuant to public bidding requirements
to the extent the same apply.
2.
Customer Facilities Fee. The Borough will not install
customer facilities unless the customer requests it. Dublin Borough
agrees to do the work, and property owner deposits with the Borough
cash or certified funds for 110% of the estimated cost, as determined
by the Borough Engineer. Actual cost will be calculated pursuant to
public bidding requirements to the extent the same apply.
3.
Tapping Fee.
[Amended by Ord. No. 330, 10/25/2021; and by Ord. No. 334, 1/9/2023]
A.
The Borough Council hereby accepts the report of CKS
Engineers, Inc., entitled "Dublin Borough Water Tapping Fee Evaluation
Pursuant to Act 57 of 2003... ," dated December 1, 2022, a copy of
which report is attached hereto and incorporated herein by reference
as Attachment A.[1]
[1]
Editor's Note: The Dublin Borough Water Tapping
Fee Evaluation, dated December 1, 2022, is on file in the Borough
offices.
B.
The Borough Council hereby establishes a water system
tapping fee for all new connections to the water system of $1,868
per equivalent dwelling unit.
[Ord. 200, 8/6/1990; as added by Ord. 205,
4/1/1991, § 3]
Only property owners, as defined in this Part,
shall have the right to connect to, construct an extension to the
water mains, or install water facilities and water connections by
themselves as provided for in the Act. Any other non-property owner,
person or entity seeking to do so, in addition to all the requirements
which may be imposed by the Act, shall, prior to the issuance of any
permit, enter into an agreement with Dublin Borough which shall totally
reimburse the Borough in advance for all potential operation and maintenance
costs for the life of the project, all liabilities, fees, costs, insurances
and expenses, including all legal fees, engineering and other costs
which have accrued, accrue, occur, are contingent in nature, or ripen
or become due or may arise as a result of the act, of awarding a contract,
or of reaching an accord or settlement or in installation of such
water mains, facilities or connections, whether or not the facilities
are ever dedicated or accepted by Dublin Borough. The intent of this
section is to protect both rate payers and taxpayers from imposed
liabilities over and above those imposed by the Act.
[Ord. 200, 8/6/1990; as added by Ord. 205,
4/1/1991, § 4]
It is the intent of this Part to comply with
the Act, as amended. In the event that a Court of competent jurisdiction
determines that there is an error in the tapping fee calculation,
in computation, legal interpretation, or application of data from
historical or other cost sources, then, and in that event, it is the
intent of Dublin Borough to impose a tapping fee as addressed by the
result of such proper calculation.
[Ord. 200, 8/6/1990; as added by Ord. 205,
4/1/1991, § 5]
Private water companies serving the general
public are forbidden in Dublin Borough.
