Township of Shrewsbury, PA Private Wells

The owner of any Improved Property in the Township, which is also located (in any part) in the Shrewsbury Borough Wellhead Protection Overlay District, shall discontinue use of any Private Water System or Private Well previously utilized to provide water to the Improved Property within 30 days following connection to a Company's Water System or following 30 days' written notice from the Borough, regardless of when such connection to a Company's Water System occurred. See Exhibit A for a list of properties that may or may not have a Private Well and are not connected to the Company's Water System.[1] Improved Properties required to be or connected and served by the Company's Water System shall not be permitted to retain a Private Water System or Private Well for any purpose, except as specifically authorized herein. Capping and sealing of the Private Well shall be at the expense of the Borough. This Part 1C is not intended and should not be interpreted as a mandatory connection ordinance and does not create an obligation that any owner of Improved Property connect his Improved Property to the Company's Water System.

[1]

Editor's Note: Exhibit A is on file in the Township offices.

§ 26-133 Retention by Certain Owners.

[Ord. No. 2018-01, 3/7/2018]

Certain owners of Improved Property in the Township were previously connected to the Company's Water System with the specific understanding as conveyed to them in writing by the Company that they would be allowed to retain their Private Well and one exterior spigot. Those properties have been identified by the Borough and noted in its records (see Exhibit B).[1] The owners of those Improved Properties may retain their Private Wells and one exterior spigot, subject to satisfying each one of the conditions set forth below:

The Property owner shall submit to the Borough, on a form provided by the Borough, and no less than annually or upon request, written confirmation that the Private Well continues to function properly, remains in use, and has therefore not been abandoned.

All owners of any Improved Property allowed to retain their Private Water System must abandon, cap and seal properly the Private Well on or before conveyance by deed of any of the Improved Property to a third party. To the extent that the Property owner, which qualified for Private Well retention per this section, desires or must abandon, cap and seal his Private Well, the Borough shall complete the work at its expense, provided that such work is requested within 20 years following the effective date of this Part 1C.

The owners of any Improved Property shall not take any action, allow others to take any action, or fail to act, if such action or inaction could cause contamination to the Private Well or could adversely affect the Water System.

[1]

Editor's Note: Exhibit B is on file in the Township offices.

§ 26-134 Abandoning, Capping and Sealing of Private Wells.

[Ord. No. 2018-01, 3/7/2018]

If a Property owner requests and is granted permission to retain a Private Water System in accordance with § 26-133 above and complies with all the provisions set forth herein or as implemented from time to time as authorized herein, the Private Water System may be retained. If the right to retain the Private Water System or Private Well terminates pursuant to any provision herein, Shrewsbury Borough will be responsible for the proper capping and sealing of the Private Well at the Borough's expense, provided that such work is requested within 20 years following the effective date of this Part 1C. After the twenty-year period, the Borough will still be responsible for the proper closing of the Private Well, but the reasonable expense will be that of the Property owner. No third party shall be authorized to conduct the closing of the Private Well.

When required, or voluntarily requested by a property owner, the Private Well shall be abandoned, capped and sealed, in accordance with the Water-Well Abandonment Guidelines promulgated by the Pennsylvania Department of Environmental Protection, or in accordance with other guidelines as may be approved or promulgated by resolution of the Township from time to time in the future.

§ 26-135 Inventory of Private Wells.

[Ord. No. 2018-01, 3/7/2018]

All Private Wells within the Borough Wellhead Protection Overlay District shall be inventoried by the Borough, as set forth below:

The location of the Private Well shall be identified to allow the coordinates to be inserted into the Borough's Geographic Information System (GIS) mapping system.

All Borough personnel conducting on-site inspections shall provide photo identification to the Improved Property owner or the occupant of the premises.

All Private Wells located outside of a structure will not require the presence of the Improved Property owner. The Borough shall provide advance written notice to the owner of the inspection schedule, which will include a block of dates and times. Improved Property owners who wish to be present during the inspection may contact the Borough to schedule an appointment.

All Private Wells located inside of a structure shall require advance written notice from the Borough to the Improved Property owner. A mutually agreed upon inspection date and time will be made.

If a new Private Well is installed within the Shrewsbury Borough Wellhead Protection Overlay District, it shall be the responsibility of the owner of the Improved Property to notify the Borough of the new Private Well so that it can be inventoried and added to the Borough GIS mapping system.

§ 26-136 Inspections.

[Ord. No. 2018-01, 3/7/2018]

All Private Wells within the Borough Wellhead Protection Overlay District shall be subject to inspection by the Borough, as set forth below:

The initial inspection of all Private Wells should be completed within three months from the date of adoption of this Part 1C. Thereafter, the Borough shall conduct inspections on an annual basis of approximately 20% of the wells, with all wells being inspected every five years, at minimum.

The Private Well shall be inspected by the Borough to confirm that all components thereof follow the Borough's Wellhead Inspection Checklist (Exhibit C).[1] All inspections shall be performed at the expense of the Borough. Any fees, costs or expenses necessary to repair or to maintain the Private Well and Private Water System in good working order and in accordance with applicable law shall be the sole expense of the owner of the Improved Property.

(1)

Such inspection shall include confirmation by the Borough, in its reasonable discretion, that:

(a)

Cap is watertight and tamper-evident with a seal (see Exhibit D).[2]

[2]

Editor's Note: Exhibit D is on file in the Township offices.

(b)

No debris is inside well cap.

(c)

Acceptable height of well cap above finished grade.

(d)

Grout condition is acceptable.

(e)

Casing condition is acceptable.

(f)

Animals are not tethered to the Wellhead.

(g)

No animal enclosure/compound (or any portion thereof) is located within 20 feet of the Wellhead. The enclosure of the entirety of the backyard of an Improved Property shall not be considered an enclosure or compound that violates this requirement.

(h)

Such other items or testing as might be necessary or reasonable in the opinion of the Borough.

(collectively the "Inspection")

[1]

Editor's Note: Exhibit C is on file in the Township offices.

The Private Well shall be secured with a vented, watertight, tamper-evident seal cap. If such cap is not already in place, the Improved Property owner shall be responsible to install the required cap. (See Exhibit D for parameters.)

Shrewsbury Borough shall have the right to access the Improved Property and to inspect the Private Well, per the provisions set forth herein.

If a Private Well does not pass Inspection, the owner of the Improved Property will be notified, in writing, to include the following:

(1)

A description of the deficiencies and recommended remedies.

(2)

Required repairs shall be at the expense of the Improved Property owner.

(3)

Repair work shall be completed within 90 days from the date of the notice from the Borough.

(4)

After repairs have been completed, a follow-up Inspection shall be conducted in accordance within this section.

If a Private Well fails Inspection and the owner of the Improved Property does not, or is unable to, correct the deficiencies within the required time period, as stated here within, the corrective action shall be as follows:

(1)

If the Improved Property is connected to Company's Water System, the Private Well must be abandoned.

(2)

If the Improved Property is not connected to Company's Water System, the Improved Property must be connected to the Company's Water System.

The Property Owner shall submit to the Borough, on a form provided by the Borough and no less than annually or upon request, written confirmation that the Private Well continues to function properly, remains in use, and has therefore not been abandoned. If a Private Well has not been in use for one year, it shall be considered abandoned and shall be closed in accordance with this Part 1C.

§ 26-137 Testing of Private Wells.

[Ord. No. 2018-01, 3/7/2018]

Private Wells within the Borough Wellhead Protection Overlay District are not subject to routine, mandatory water testing; however, certain events may require testing for certain Private Wells, as set forth below:

If an Inspection indicates a potential, or likely, exposure to contamination of the aquifer, the Borough may test the Private Well water, at the Borough's expense.

If an Inspection determines that the tamper-evident seal in not intact on the well cap, testing of the well water shall be required, at the expense of the owner. If the Improved Property owner breaks the tamper-evident seal to allow maintenance of the Private Well, and notifies the Borough at that time, there will be no mandate for water testing.

If the owner of the Improved Property chooses to voluntarily have the Private Well tested, the testing cost shall be the sole expense of the owner of the Improved Property. If desired, the Borough will provide personnel to collect the test sample on behalf of the owner, at no cost to the owner for the collection.

Results of any water testing by the Borough, regardless of the reason, shall be provided to the Owner of the Improved Property.

If the results of a water test indicate contamination that is not a natural element, the Borough shall have the right to test adjacent Private Wells, at the expense of the Borough, to determine the source of the contamination.

Any corrective action required because of the testing results shall be the sole expense of the Owner of the Improved Property.

§ 26-138 Enforcement.

[Ord. No. 2018-01, 3/7/2018]

Any Person who shall violate this Part 1C or the Rules and Regulations incorporated by reference herein shall be subject, upon being found guilty thereof in a legal enforcement proceeding commenced by the Township, to a penalty of not less than $500 nor more than $1,000, together with all court and related costs, and reasonable attorneys' fees, other professional time and staff time, and expenses incurred by the Township or the Borough. The Township hereby authorizes the Borough to undertake such enforcement efforts on its behalf. Each day that a violation shall continue shall be deemed to be a separate offense.

Any penalty, fines and costs imposed under provisions of this Part 1C shall be enforceable and recoverable in the manner provided by applicable law.

Nothing in this section shall prohibit the Township or Borough from enforcing the provisions of this Part 1C by any other remedy available at law or in equity, and the remedies provided herein shall be cumulative and concurrent.

§ 26-139 Additional Provisions.

[Ord. No. 2018-01, 3/7/2018]

Such other reasonable rules or regulations may be implemented from time to time by resolution by the Township, following written notice to the Property Owner.

In the event any provision, section, sentence, clause or part of this Part 1C shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Part 1C, it being the intent of this Part 1C that such remainder shall remain in full force and effect.

It is declared that enactment of this Part 1C is necessary for the protection, benefit, and preservation of the health, safety, and welfare of the residents of the Borough and the Township. By way of explanation and not limitation, this Part 1C will serve to protect the Water System and the underground sources that provide water to it.

This Part 1C shall become effective five days following passage. This Part 1C shall be applicable to all Improved Properties located in the Township in a Shrewsbury Borough Wellhead Protection Overlay District, regardless of whether they have connected or will connect in the future to a Company's Water System.

All ordinances, or parts of ordinances, inconsistent herewith expressly are repealed.