[Amended 12/11/2008]
In as much as it is vital to the health, safety and welfare
of the residents of Montour Township that the groundwater resources
of Montour Township be protected, it is necessary for any homeowner,
contractor, or other person digging or constructing a water well 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 in the stratum from which the well is to draw its supply.
The landowner, contractor, or other party digging or constructing
the well, shall also take all necessary precautions during the construction
period to prevent contaminated water, gasoline, or any other contaminant
from entering the well, either through the opening or by seepage through
the ground surface.
[Amended 12/11/2008]
The following words and phrases used in this Part shall have
the meanings ascribed to them in this section:
Montour Township, Columbia County, Pennsylvania.
Water wells, test holes for water wells, uncompleted wells
and monitoring wells.
[Amended 12/11/2008]
Any well hereafter dug or constructed through any ground surface
point within the boundaries of the Township shall be grouted and sealed.
Grouting consists of sealing by filling the annular space between
the casing and bore hole with a substance that hardens. The well shall
be sealed to prevent the entrance of any water from any source other
than from the aquifers selected. Any well 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, Section
7 "Grouting and Sealing," June 10, 1984, Edition, or such subsequent
revised edition, 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.
[Amended 12/11/2008]
Any abandoned test hole, including any test well, uncompleted
well, and completed well hereafter abandoned which extend through
any ground surface point within the boundaries of the 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, Section 13 "Abandonment of Test Holes, Partially
Completed Wells, and Completed Wells," June 10, 1984, Edition, or
such subsequent revised Edition 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 holes, partially completed
wells, and completed wells, and sealing.
[Amended 12/11/2008]
1.
No well shall be drilled, dug, repaired, replaced or abandoned unless
and until a well permit is issued by the Sewage Enforcement Officer
for the Township. A permit shall not required for repairs that do
not impact the well casing integrity, e.g., such repairs to the pump,
piping, instrumentation or electrical power.
2.
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 Township 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 by the Township, the applicant
shall provide a well permit signed by the Sewage Enforcement Officer
as evidence of compliance with this Part.
[Amended 12/11/2008]
The Sewage Enforcement Officer for the Township is hereby designated
and authorized to act on behalf of the Township in connection with
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.
[Amended 12/11/2008]
1.
Hereafter, no persons shall dig, construct, drill, replace, repair,
or abandon any well except in accordance with the provisions of this
Part.
2.
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 such person,
partnership, corporation, contractor, subcontractor, or well driller
shall upon being found to have failed to fully comply with this Part
shall be in violation hereof and shall upon being found liable therefore
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $1,000 per lot or parcel or per dwelling
within each lot or parcel, plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. All fines
collected for such violation shall be paid over to the Township. No
judgment shall commence or be imposed, levied or payable until the
date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor files a timely appeal of
the judgment, the Township shall enforce the judgment pursuant to
the applicable Rules of Civil Procedure. Each day that a violation
continues shall constitute a separate violation, unless the Magisterial
District Judge determining that there has been a violation, further
determines that there was a good faith basis for the defendant violating
this Part to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of the violation
of the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
3.
Nothing contained in this Part shall be construed or interpreted
to grant to any person or entity other than the Township and its designee
the right to commence any action for enforcement pursuant to this
Part.
[Amended 12/11/2008]
1.
Insofar as the provisions of the Part are inconsistent with the provisions
of any other Ordinance of the Township, the provisions of this Part
shall be controlling.
2.
None of the provisions of this Part shall be deemed to repeal or
replace the requirements for the construction and installation of
a well or test hole contained in the Uniform Commercial Code. Any
and all provisions herein which are inconsistent and/or more stringent
than the provisions of the UCC, this Part shall be controlling.
[Amended 12/11/2008]
This Part shall take effect and be in force upon its adoption
as provided by law.
