[Ord. No. 09-14-04, 9/14/2004, § I]
1.
To protect and provide for the public health, safety and general
welfare of the citizens of Hemlock Township.
2.
To ensure an adequate and safe water supply for the people of Hemlock
Township.
3.
To meet the increasing concentrated demand on the existing underground
water supply in the vicinity of the commercial interchange area.
4.
To allow for the proposed future development within the commercial
interchange area without exhausting the existing water supplies in
the vicinity.
5.
To preserve existing underground water supplies for use by surrounding
residential and agricultural properties that are currently served
by private wells.
[Ord. No. 09-14-04, 9/14/2004, § II]
Such pipes, conduits, valves, turnoffs or related installations
required or necessary to carry water from a supply system to a consumer.
Any property located within this Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Water suitable for drinking.
Hemlock Township, Columbia County, Pennsylvania, a political
subdivision acting by and through its Board of Supervisors or, in
appropriate cases by and through its authorized representatives.
United Water Pennsylvania, Inc., or its successor.
A facility for supplying water, owned or operated by the
Township or any public utility.
[Ord. No. 09-14-04, 9/14/2004, § III]
1.
Connections Required. All owners of improved properties in the Township
where any portion of the structure is within 150 feet of any water
main shall make connection to the water main for the purpose of conducting
potable water to the structure or structures on the property.
2.
Private Wells in Conjunction with Commercial Structures and Farms.
Any industries, commercial establishments and farms that have their
own supply of water for uses other than human consumption may continue
to use their own water for that purpose, but are required to use the
public water system to provide water for human consumption, food preparation,
bathroom facilities, etc.
3.
Exemption for Certain Structures. No commercial establishment or
industry shall be required to utilize the public water system, provided
the water service provider certifies to the Township the water service
provider is unable to establish the necessary flow rate which is required
for that commercial and/or industrial structure.
4.
Private Wells in Conjunction with Dwellings. It shall be unlawful
for any owner of a dwelling that is required to make connection to
the water system to construct or maintain a private well with the
exception that existing private wells may be maintained and used for
washing of motor vehicles and similar items of personal property,
watering livestock and watering lawns, shrubbery and plants, as long
as the owner is in full compliance with all provisions of this Part.
[Ord. No. 09-14-04, 9/14/2004, § IV]
The payment of the costs of water lines and/or the water system
shall be assessed upon the properties accommodated or benefitted by
the water system provider in accordance with applicable Public Utility
Law.
[Ord. No. 09-14-04, 9/14/2004, § V]
1.
Any owner of improved property required to connect to the water supply
system under the terms of this Part shall connect such improved property
therewith and use the said system within 90 days after notice to such
owner from the Township to connect.
2.
All owners of any improved single-family dwellings required to connect
to the water supply system under this Part shall not be provided notice
from the Township until one year from the enactment of this Part.
3.
Notice shall be by certified mail, return receipt or by personal
service to the record property owner.
[Ord. No. 09-14-04, 9/14/2004, § VI]
1.
All costs and expenses of construction of a connection to the water
supply system shall be born by the owner of the improved property
to be connected; such owner shall indemnify and save harmless the
Township from any loss or damage occasion, directly or indirectly,
as a result of the construction of the connection to the water supply
system.
2.
The connection to the water supply system shall be constructed at
the place designated by the water service provider.
3.
In case any owner of improved property as herein defined shall neglect
or refuse to connect or use said water supply system within a period
of 90 days after notice to do so has been served as herein provided,
the Township may enter upon the property and construct such water
connection; and in such case, the Township shall forthwith, upon completion
of the work, send an itemized bill for the cost of such connection
to the owner of the improved property to which the connection has
been made, which bill shall be payable forthwith or the Supervisors
may authorize the payment of the cost of constructing the connection
in equal monthly installments, said installments to bear interest
at a rate not to exceed 6%. The cost of construction of the connection
shall be payable at the office designated by the Township, in monthly
installments with interest from the date of the said completion of
the construction.
4.
In case of default of the payment of any installation or interest
for a period of 60 days after the same shall become due, the entire
cost of construction of the connection and accrued interest shall
become due, and the Township Solicitor shall proceed to collect the
same under the general laws relating to the collection of municipal
claims, which shall include attorney's fees and all associated
costs.
5.
In case of neglect or refusal of the owner of the improved property
to pay said construction bill, or in those cases where payments are
being made by installments, it shall be the duty of the Township Supervisors
to file municipal liens for said construction within six months of
the date of completion of the construction of such connection, same
to be subject in all respects to general laws provided for the filing
and collection of municipal liens.
6.
Except as provided in § 26-103, Subsections 2, 3 and 4, if an improved property at the time connection to the water supply system is required shall be served by any other kind of water system, the connection to said other system shall be discontinued. Nevertheless, any use of a private water source shall be maintained in separate and distinct water lines from those supplying potable water from the public water supply system unless an exemption is provided by the water service provider.
7.
No connection to a water supply system shall be covered until it
has been inspected and approved by the water service provider. If
any part of the connection is covered before being inspected and approved,
it shall be uncovered for inspection at the cost and expense of the
owner of the improved property to be connected to the water supply
system.
8.
Every excavation for a water supply connection shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a water supply connection shall be restored,
at the cost and expense of the owner of the improved property being
connected in a manner satisfactory to the Township.
9.
The Township reserves the right to adopt, from time to time, additional
rules and regulations it shall deem necessary and proper relating
to connection with water supply systems, which additional rules and
regulations to the extent appropriate shall be and construed as part
of this Part.
[Ord. No. 09-14-04, 9/14/2004, § VII; as amended
by Ord. No. 11-11-2014, 11/11/2014]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 07-11-2006,
7/11/2006, § 1]
In as much as it is vital to the health, safety and welfare
of the residents of Hemlock Township that the groundwater resources
of Hemlock Township be protected, it is necessary for any homeowner,
contractor, or other person digging or constructing a water well(s)
to take all precautions necessary, or as may be required, to safeguard
against contaminated water or water having undesirable physical or
chemical characteristics from entering, through the opening made by
the landowner, contractor, well driller, or other person in construction
of the well(s) in the stratum from which the well(s) is to draw its
supply. The landowner, contractor, or other party digging or constructing
the well(s), shall also take all necessary precautions during the
construction period to prevent contaminated water, gasoline, or any
other contaminant from entering the well(s), either through the opening
or by seepage through the ground surface.
[Ord. No. 07-11-2006,
7/11/2006, § 2]
As the term is used in this Part, shall refer to water wells,
test holes for water wells, uncompleted wells and monitoring wells.
[Ord. No. 07-11-2006,
7/11/2006, § 3]
All wells hereafter dug or constructed through any ground surface
point within the boundaries of Hemlock Township shall be grouted and
sealed. Grouting consists of sealing by filling the annular space
between the rasing and bore hole with a substance that hardens. The
well(s) shall be sealed to prevent the entrance of any water from
any source other than from the aquifers selected. All wells shall
be grouted and sealed to a minimum depth of 35 feet from the surface
in conformance with the standards, specifications, and requirements
contained in the American Water Workers Association (AWWA), Standard
for Water Wells, § 7, "Grouting and Sealing," June 10, 1984,
edition, a copy of which is attached to this Part and incorporated
herein, or such subsequent revised editions and the pertinent sections
thereunder pertaining to grouting and sealing approved by the AWWA
Board of Directors as of the date of enactment of this Part.
[Ord. No. 07-11-2006,
7/11/2006, § 4]
All abandoned test hole(s), including test well(s), uncompleted
well(s), and completed well(s) hereafter abandoned which extend through
any ground surface point within the boundaries of Hemlock Township
shall hereafter be sealed. The standards, specifications, requirements,
and procedures for such sealing shall be in conformance with the AWWA,
Standard for Water Wells, § 13 "Abandonment of Test Holes,
Partially Completed Wells, and Completed Wells," June 10, 1984, edition,
a copy of which is attached to this Part and incorporated herein,
or such subsequent revised editions approved by the AWWA Board of
Directors as of the date of enactment of this Part and the pertinent
sections thereunder pertaining to abandonment of test hole(s), partially
completed well(s), and completed well(s), and sealing.
[Ord. No. 07-11-2006,
7/11/2006, § 5]
1.
Well Permit. No well shall be drilled, dug, repaired, replaced, or
abandoned until unless and until a well permit is issued by the Sewage
Enforcement Officer for the Township.
2.
Fees. A filing fee shall accompany the application for a well permit.
No application shall be accepted by the Township's Sewage Enforcement
Officer or acted upon unless payment is made to the Township Sewage
Enforcement Officer according to the uniform fee resolution.
3.
No person, partnership, or corporation shall occupy any structure
on any lot, tract, or parcel of land serviced by a well for which
a well permit has not been issued affirming compliance with the provisions
of this Part.
4.
Before an occupancy permit shall be issued in the Township, the applicant
shall provide a well permit signed by the Sewage Enforcement Officer
as evidencing compliance with this Part.
[Ord. No. 07-11-2006,
7/11/2006, § 6]
The Sewage Enforcement Officer for the Township is hereby designated
and authorized to act on behalf of the Township for the implementation
and enforcement of this Part on behalf of the Township including,
but not limited to, the collection of permit fees and initiating enforcement
actions before the magisterial district judge on behalf of the Township
for any violations of this Part.
[Ord. No. 07-11-2006,
7/11/2006, § 8; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
Effect of Part. Hereafter, no person shall dig, construct, drill,
replace, repair, or abandon any well except in accordance with the
provisions of this Part.
2.
Penalties.
A.
Any person, partnership, or corporation who or which being the owner,
contractor, or well driller of or on any lot, tract or parcel of land,
shall not drill, dig, construct, replace, repair, and/or abandon any
well unless and until a well permit has been applied for and issued
in full compliance with the provisions of this Part. Any person, firm
or corporation who shall violate any provision of this Part, upon
conviction thereof in an action brought before a magisterial district
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
B.
Nothing contained in this Part shall be construed or interpreted
to grant to any person or entity other than Hemlock Township and its
designee the right to commence any action for enforcement pursuant
to this Part.
