A. 
Drilling permit application. Applications may be completed by the property owner, the property owner's representative, or the well driller contracted by the property owner. The following information shall be included with drilling permit applications:
(1) 
Application form.
(2) 
Site layout. A site layout drawn reasonably to scale on letter size (8.5 inches by 11 inches) paper, unless a larger sheet is necessary. Electronic submission of the site layout is permitted (optional). The following information is depicted on the layout:
(a) 
Property lines.
(b) 
Existing and proposed features.
(c) 
Proposed well location.
(d) 
Setback distances. The measurements of the distance from the proposed well to the features referenced in Table 1 of § 335-11C.
(3) 
Waiver(s). If an applicant is requesting a waiver from any of the provisions of § 335-11, the request shall state the grounds and facts of unreasonableness or hardship on which the request is based, the provision(s) of this chapter involved, and the minimum waiver necessary. Requests for waivers shall be in writing and shall become a part of the drilling permit application.
(4) 
Fee. The drilling permit application will not be considered complete until the application fee is paid.
B. 
Municipal action on drilling permit application.
(1) 
Action on application. The Code Enforcement Officer shall examine and take action on the drilling permit application and revisions to the application.
(2) 
Action on waiver(s). The Liberty Township Board of Supervisors may grant a waiver of requirements of one or more provisions of § 335-11 if the literal enforcement will exact undue hardship because of peculiar conditions, provided that such waiver will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
(a) 
The action shall be recorded in the minutes of the Liberty Township Board of Supervisors.
(b) 
A copy of the action and any conditions of approval of will be transmitted to the applicant and attached to the application.
(3) 
Time limitation on municipal action. A drilling permit shall be approved or denied within 14 days of the filing date of a complete application. Reasons for denial shall be in writing and given to the applicant.
(4) 
Time limitation on incomplete application. An incomplete drilling permit application shall be deemed to have been abandoned after the passage of 180 days after the date of filing, unless such application has been pursued in good faith. The Code Enforcement Officer is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each if there is a justifiable cause to extend the application. The extension shall be requested in writing by the applicant.
(5) 
Revisions to application. The applicant may submit revisions to a submitted drilling permit application. Where such revision is submitted during the review period established in § 335-15B, the time limitation shall be reset to the date of the revised submission. Where such revision is submitted for an application that has been formally approved or denied, the revision shall constitute a new submission, subject to all the administrative requirements of Article IV.
C. 
Applicant responsibilities:
(1) 
Commencement of work. The applicant may initiate work in accordance with the drilling permit application and the Adams County Construction Standards and Material Specifications for Wells and Geothermal Systems after the drilling permit has been issued and the Code Enforcement Officer has conducted the preliminary inspection of the site.
(2) 
Placement of permit. The drilling permit or copy shall be kept on the site of the work until the completion of the project.
(3) 
Complications. If complications related to drilling or field conditions arise and a new drilling location is required, the Code Enforcement Officer shall be contacted. A revision to the application may be required.
(4) 
Emergency situations. In situations where there is an urgent need for water (e.g., well runs dry or contaminated) and no other source of water is available, the property owner, at his own risk, may have the well drilled without going through the permit process beforehand. However, this provision does not alleviate the responsibility of the property owner to develop the well in accordance with Article III. The property owner, property owner's duly authorized representative, or the well driller is still responsible for obtaining a drilling permit, as described in § 335-15, within five business days. New home construction with no prior source of water is not considered an emergency situation.
D. 
Validity of drilling permit. The issuance of a drilling permit shall not be construed to be a permit for, or an approval of, any violation of any provisions of this chapter or any other ordinance. The Code Enforcement Officer is authorized to prevent use of the well or other borehole in violation of this chapter or of any other ordinances.
E. 
Expiration. Drilling permits shall become invalid unless the authorized work is commenced within 180 days after its issuance, or if the work is suspended or abandoned for a period of 180 days after the time the work began. The Code Enforcement Officer is authorized to grant, in writing, one or more extensions of time for periods not more than 90 days each. The extension shall be requested in writing by the applicant.
F. 
Suspension or revocation. The Code Enforcement Officer is authorized to suspend or revoke a drilling permit wherever the drilling permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this chapter, until the error is corrected.
A. 
The Code Enforcement Officer shall conduct all inspections required by this chapter.
B. 
The issuance of the drilling permit authorizes the Code Enforcement Officer to enter a property during daylight hours for the purpose of conducting an inspection. The presence of the landowner(s), owner's representative or the well driller at the well site is not required to witness the inspection process.
C. 
Prior to any inspection(s) the site must be clearly staked out or markers placed to indicate the location of all existing and proposed features that require setback distances on the property or on adjoining properties as found on Table 1 of § 335-11C. The property owner is responsible for identifying the location of any underground feature that requires a setback.
D. 
A preliminary/preconstruction inspection shall be conducted at the site before any well or borehole drilling is commenced. At this inspection, the following shall be determined:
(1) 
Consistency of approved site plan to site layout.
(2) 
Compliance with setback distances as found in Table 1 of § 335-11C.
(3) 
Consistency with any other conditions placed on drilling permit approval.
E. 
Code Enforcement Officer reserves the right to inspect the site at any time to determine if the well is in compliance with the drilling permit and the standards within this chapter, and to observe the implementation of any of the standards listed in the Adams County Construction Standards and Material Specifications for Wells and Geothermal Systems.
A. 
Upon completion of the well, the applicant, the applicant's representative, or the well driller shall submit two copies of DCNR's water well completion report (form 8700-FM-TGS0015 or equivalent), as may be amended, to the Code Enforcement Officer and one copy of the report to DCNR. By submitting this report, the well driller certifies that the well has been constructed in accordance with all applicable requirements of this chapter and the Adams County Construction Standards and Material Specifications for Wells and Geothermal Systems. The Code Enforcement Officer will send a copy of the report to the homeowner (along with a copy of Penn State University's Testing Your Drinking Water fact sheet).
B. 
Disclaimer. The acceptance of the completion report by the municipality does not in any way constitute a guarantee to the applicant, well driller, or property owner that the subject well will produce any quantity of water, that the quantity of water produced is sufficient for the intended/proposed need(s), that the subject well is pure and fit for consumption, or what mineral or contaminate may be found/dissolved within any water produced, either at the time of the issuance or at any given time in the future.
A. 
Upon discovery of any violation of this chapter, the Liberty Township Board of Supervisors may, at its option, forego any prosecution hereunder, and may grant to the owner a period of seven calendar days to comply with the provisions of this chapter. Upon failure of the owner to effect such compliance, the Liberty Township Board of Supervisors may initiate prosecution as herein set forth.
B. 
Any person who violates or permits the violation of this chapter, any amendments hereto, or any of the Adams County Construction Standards and Material Specifications for Wells and Geothermal Systems adopted pursuant of this chapter, shall, upon being found liable therefor in an action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, pay the fine set by the Liberty Township Board of Supervisors, plus all costs. The Municipal Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under PA R. Crim. P. No. 83(c) (relating to trial in summary cases). Violations of this chapter shall be punishable by a fine of not less than $100 or more than $1,000. A separate offense shall arise for each day or portion thereof in which a violation is found to exist and/or for each section of this chapter, its amendments, or the Adams County Construction Standards and Material Specifications for Wells and Geothermal Systems hereto, which have been violated.
C. 
In addition to any other remedies provided in this chapter, any violation thereof shall constitute a nuisance and may be abated or addressed by the Liberty Township Board of Supervisors by either seeking mitigation of the nuisance, by institution of a suit or suits in equity to restrain or prevent violations of this chapter by seeking legal relief from a court of competent jurisdiction.