[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-11-1997 by Ord. No. 117]
This article shall be known and may be cited as the "Barrett
Township Well Ordinance."
The Board of Supervisors may enact and enforce ordinances to
govern and regulate the construction, maintenance, alteration and
repair of all wells of all buildings, and the like, pursuant to 53
P.S. § 66517, and have resolved to do so consistent with
the Official Wastewater Management Plan, as revised April of 1995
and as adopted on September 13, 1995, at Resolution No. 95-16. The
intention of this article is to insure and protect the quality and
suitability of the Townships water supply and to secure and maintain
the minimum required isolation distances between water supplies and
sewage disposal systems or other sources of contamination.
A.
This article shall apply to all wells which have not been completed,
or which are not in operation or in operable condition at the time
of passage of this article.
B.
This article shall further apply to the reconstruction, major repair,
and other changes to existing wells, whether registered or nonregistered,
when, in the opinion of the Sewage Enforcement Officer, such reconstruction,
major repair, and other changes may affect the quality and suitability
of the water supply on the property upon which the well is constructed
or on surrounding properties.
A.
No well shall be located closer than 100 feet to the nearest part
of any existing or proposed on-site sewage disposal drain field, or
closer than 50 feet to the nearest part of any existing or proposed
septic tank, whether on land of the applicant or adjoining lands.
B.
No well permit shall be issued for a particular property until a
sewage permit has been issued for said property.
C.
All wells shall be constructed a minimum distance of 15 feet from
all lot lines. In the case of a road right-of-way, the distance shall
be measured from the edge of the legal right-of-way line or any established
future roadway widening easement, whichever is greater.
D.
Well permits may be denied because of infeasibility of drilling a
well at a proposed location.
A.
No person or corporation, including contractors, shall construct,
drill, dig, or reconstruct any well for the production of water without
the property owner, or agent thereof authorized in writing to act
on behalf of the property owner, first obtaining a permit for such
construction activity from the Sewage Enforcement Officer of the Township
of Barrett.
B.
Application for such a well permit shall be made upon a form supplied
by the Township and shall be submitted to the Sewage Enforcement Officer
of the Township.
C.
The said application shall set forth the name or names and address
of the owners of the property, the address or location of the property,
an accurate scale map of the premises showing the proposed location
of the well, setback lines for wells, the exact location or proposed
location of all buildings and on-site sewage disposal systems, including
sewage disposal drain fields and septic tanks, the boundary lines
of the premises upon which the well is proposed to be located, any
sewage disposal systems not on the property but within 100 feet of
the proposed well, and such other information as may be required thereon.
D.
The well driller shall submit to the Township a copy of Pennsylvania
Department of Environmental Protection Form WW-1 or a form subsequently
adopted by the Department which includes all the material information
contained on the Form WW-1, within 30 days after any well is completed.
Upon receipt of any application for a well permit, the Township, through its duly authorized Sewage Enforcement Officer, shall within 15 days perform an inspection of the premises on which the well is to be constructed. The inspection shall be conducted in accordance with the provisions of this article and the provisions of Chapter 400, Sewage, of the Code. Upon completion of the inspection, the Sewage Enforcement Officer shall either:
All permits shall be issued on a form provided by the Township,
which shall be executed by the Sewage Enforcement Officer. Permits
shall be prepared in triplicate, and distribution of copies shall
be made as follows:
Upon the completion of construction, or at such other time as
the Sewage Enforcement Officer may deem appropriate, the Township,
through its Sewage Enforcement Officer, shall perform a final inspection
of the well to determine whether there has been compliance with the
permit issued. Upon completion of the said inspection, the Sewage
Enforcement Officer shall:
All applications for a well permit shall be accompanied by a
fee payable to the Township of Barrett in accordance with a schedule
of fees established from time to time by resolution of the Board of
Supervisors of the Township of Barrett.
A.
For any proposed water supply system which is to provide water to a building for industrial or commercial use or more than one residential dwelling or any single dwelling to be occupied by more than one family, as defined in Chapter 525, Zoning, the property owner or agent thereof, authorized in writing to act on behalf of the property owner, will be required to apply for a public water supply well permit prior to drilling a water well. Information concerning ownership, drilling contractor, anticipated type and method of construction, and expected well depth and diameter will be required in Part 1 of the application for a permit. In Part 1 of the application, the applicant or authorized agent must provide a scale drawing showing the location of the proposed water well, all existing structures, and physical features at the site. Preliminary approval will only be granted to drill the well following a review of the plan and a site visitation by the Sewage Enforcement Officer of Barrett Township. The review and site inspection will be used to confirm existing conditions and all necessary isolation distances. The applicant may only institute the construction of the community water well upon the Township's approval.
B.
After the well is drilled, Part 2 of the permit application will
be prepared by the property owner or authorized agent and will include
a detailed, scale drawing of the well system, including but not limited
to the well, pump, delivery line, and all pertinent physical features.
In addition, the well driller will submit a detailed description of
the water well system and subsurface geologic structure. Final approval
will be granted after the Sewage Enforcement Officer of Barrett Township
conducts a second inspection to verify the well location and maintenance
of minimum isolation distances. Each water well system will be issued
an identification number and be sited on an approved map of the Township.
A list of any necessary corrections that will be required prior to
granting final approval must be provided for systems not receiving
final approval.
C.
Well drillers may, at the discretion of the Sewage Enforcement Officer
of Barrett Township, be required to submit hydrogeologic data, such
as depth to water-bearing formations, specific capacity, specific
yield, and static water well, pumping rate, and drawdown for the water
well. Water quality data for the water well, based on results obtained
by an EPA-certified laboratory, shall be submitted by the applicant
with Part 2 of the application. Minimum water quality data required
with the application includes total coliform, nitrate-nitrogen, pH,
and conductivity.
A.
The Township, through its Sewage Enforcement Officer, shall act upon
each such application for permit within 15 days after said application
has been filed, and in the event of failure on the part of the said
officer to render and communicate a decision to the applicant within
said time period, the applicant shall have the right to request a
hearing before the Township Board of Supervisors.
B.
All permits shall be in effect as of the date of issuance, and shall
remain in effect for a period of two years thereafter. In the event
that construction under the permit has not been completed at the expiration
of two years from the date of issuance, the permit shall expire and
the validity of the permit shall cease and terminate.
If an applicant has shown that any mandatory provisions of this
article are unreasonable or cause undue hardships as they may apply
to the subject property, the Board of Supervisors shall schedule a
public hearing, upon written request of the applicant, and upon payment
of the required fee, and may in their discretion grant a variance
or waiver to such applicant from the mandatory provisions of this
article so that substantial justice may be done and the public interest
secured. The granting of any such variance or waiver shall not have
the effect of nullifying the intent and purpose of this article. In
granting variances, waivers, or modifications, the Supervisors may
impose such conditions as will, in their judgment, substantially secure
the objectives of the standards or requirements so modified. Any such
hearing shall be held in accordance with the provisions of the Local
Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and
2 Pa.C.S.A. § 751 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be illegal to commence construction of a well without
first obtaining a permit. Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
The provisions of this article shall be severable, and if any
of its provision shall be held to be unconstitutional, illegal, or
invalid, such unconstitutionality, illegality, or invalidity shall
not affect the validity of any of the remaining provisions of this
article.
No responsibility or liability for the construction of any well
shall be deemed to be placed upon the Township of Barrett, or any
of its officers, agents, or employees by virtue of the terms of this
article or otherwise.
All other ordinances or parts of ordinances inconsistent herewith
be and the same are hereby repealed.
[Adopted 12-12-2007 by Ord. No. 154]
This article shall be known as the "Barrett Township Private
Well Ordinance."
The purpose of this article is to ensure and protect the quality
and suitability of individual water supply systems by a permit procedure;
to require a permit for the construction of individual and semipublic water supply systems and wells,
production wells, test wells and monitoring wells; and to establish
minimum construction standards for these systems, including their
location, installation, reconstruction, replacement, modification,
reactivation, or abandonment.
B.
This article shall not apply to:
(1)
Normal maintenance and minor repairs to keep existing wells in proper
working order.
(2)
Those defined by the Pennsylvania Department of Environmental Protection
as public water systems (at least 15 service connections or regularly
serve no fewer than 25 individuals daily at least 60 days out of the
year).
The Board of Supervisors is hereby authorized and empowered
to adopt such rules and regulations concerning well drilling which
it may deem necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the Board of Supervisors
shall be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws, and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
The owner of the property on which a well for domestic water
use is to be utilized shall:
A.
Apply to Township for a well permit, providing, on the prescribed
form, name and address of applicant, name and address of landowner
where well is to be drilled, name and address and license number of
well driller, site location and address, precise location of the proposed
well and proposed date for drilling to begin. The approved location
of the proposed well shall not be changed without prior Township approval.
A site plan (sketch) showing location of existing or proposed buildings,
driveways, septic systems, and other wells must be attached to the
application.
B.
Have all wells constructed by a qualified Pennsylvania licensed well
driller to meet, at a minimum, the rules and regulations of this article
and any administrative agency of the Commonwealth of Pennsylvania.
C.
Submit any relevant information or data concerning the constructed
well to the Township, including a signed well completion report and
a copy of well water test results obtained from the well driller.
D.
Obtain a well permit prior to the issuance of a building permit.
No well may be located less than the following minimum setback
distances to existing or potential sources of pollution.
|
Source of Pollution
|
Minimum Setback Distance
(feet)
|
|---|---|
|
Lakes, ponds, streams or other surface waters
|
25
|
|
Storm drains, retention basins, stabilization ponds or stormwater
management facilities
|
25
|
|
Preparation area or storage area of hazardous spray materials,
fertilizers, pesticides or other chemicals, salt piles
|
100
|
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste
|
50
|
|
Septic tanks, aerobic tanks or holding tanks
|
50
|
|
Subsurface sewage disposal systems, elevated sand mounds, other
sewage disposal fields
|
100
|
|
Sewage seepage pits, cesspools
|
100
|
|
Farm silos, barnyards (or other animal enclosure), privies
|
100
|
|
Underground fuel tanks
|
100
|
|
Rainwater pits, ditches, infiltration areas
|
25
|
|
Spray irrigation sites, sewage sludge and septage disposal sites
|
100
|
|
Property lines, driveways, and private roads
|
10
|
|
Dedicated public right-of-way
|
20
|
|
Building foundations (except for buildings enclosing water wells
and/or water well pumps and any other source of pollution as approved)
|
30
|
|
Dead animal burial pits
|
100
|
A.
Plumbness and alignment.
(1)
Every well shall be tested for plumbness and alignment in accordance
with AWWA's Standard A100 for Water Wells. The test method and allowable
tolerances shall be clearly stated in the specifications.
(2)
As a minimum, a forty-foot section of pipe or rigid dummy of the
same length, having an outside diameter of not more than 0.5 inch
less than the inside diameter of the well casing or hole being tested,
should move freely throughout the length of the well casing or hole
to the lowest anticipated pump setting.
B.
Minimum protected depths. All drinking water supply wells and observation
wells shall be constructed to be watertight to such depths as may
be necessary to exclude pollution from surface runoff and from polluted
aquifers above the aquifer being used as a source of supply. In consolidated
rock formations, if steel casing is used, the casing shall be equipped
with a drive shoe and seated by driving it into the surface of the
consolidated formation until a seal is obtained. If nonferrous casing
is used, it must be seated into the rock for a length of at least
five feet (1.5 meters), and must be cemented in place. In unconsolidated
formations, the permanent casing and grout shall extend at least 50
feet below original or final ground elevation, whichever is lower.
C.
Temporary casings. Temporary casings used for construction shall
be capable of withstanding the structural load imposed during its
installation and removal.
D.
Well casing material. Protective casings shall be constructed of
wrought iron or steel and shall have minimum weights and thickness
as specified in AWWA's Standard A100 for Water Wells. Casing and grouting
materials must be compatible. In general, the criteria established
in AWWA's Standard A100 for Water Wells should be followed. Ferrous
casings shall:
(1)
Be new pipe meeting American Society for Testing and Materials (ASTM)
or American Petroleum Institute (API) specifications for water well
construction.
(2)
Have additional thickness and weight if minimum thickness is not
considered sufficient to ensure reasonable life expectancy of the
well.
(3)
Be capable of withstanding forces to which it is subjected.
(4)
Be equipped with a drive shoe when driven.
(5)
Have full circumferential welds or threaded pipe joints.
E.
Packers. Packers shall be of materials that will not impart taste,
odor, toxic substances or bacterial contamination to the well water.
F.
Screens. Well screens, when used, should:
(1)
Provide the maximum amount of open area while still maintaining structural
strength.
(2)
Have the size of openings in the screen based on a sieve analysis
of the material contained in the surrounding geological formation
or gravel pack.
(3)
Be constructed of materials resistant to damage by chemical action
of groundwater or cleaning operations.
(4)
Have sufficient diameter to provide adequate specific capacity and
low aperture velocity. Usually, the entrance velocity should not exceed
0.1 feet per second.
(5)
Be installed so that the pumping water level remains above the screen
under all operating conditions.
(6)
Be designed and installed to permit removal or replacement without
adversely affecting watertight construction of the well.
(7)
Be provided with a bottom plate or wash down bottom fitting of the
same material as the screen.
G.
Grouting. All permanent well casings shall be surrounded by a minimum
of 1.5 inches of grout the entire length of casing. Grouting materials
shall conform to AWWA standards.
(1)
Application.
(a)
All grouting shall be performed by adding the mixture, from
the bottom of the annular opening upward, in one continuous operation
until the annular opening is filled.
(b)
When the annular opening is less than four inches, grout shall
be installed under pressure by means of a grout pump in one continuous
operation.
(c)
After grouting is applied, work on the well shall be discontinued
until the grout has properly set.
(2)
Guides. The protective casing must be provided with sufficient guides
welded to the casing to permit unobstructed flow and uniform thickness
of grout.
H.
Upper terminal well construction.
(1)
Casing length shall extend 18 inches above final grade or well house
floor, whichever is greater.
(2)
Where a well house is constructed, the floor surface shall be at
least six inches above the final ground elevation.
(3)
The top of the well casing at sites subject to flooding should terminate
at least three feet above the highest known flood elevation.
(4)
Wells shall not be constructed in pits.
I.
Well development. Every well shall be developed to remove the native
silts and clays, drilling mud and/or the finer fraction of the gravel
pack. Development should continue until the maximum specific capacity
is obtained from the completed well.
J.
Capping. A welded metal plate or bolted and locked cap shall be the
minimum acceptable method of capping a well. The well shall also be
equipped with a sanitary seal.
K.
Well abandonment. All abandoned wells, observation points and test
wells which are not to be used shall be sealed by such methods as
necessary to restore the controlling hydrogeologic conditions which
existed prior to construction.
A.
Submersible pumps. Where a submersible pump is used:
B.
Discharge piping. Discharge piping shall:
(1)
Have control valves and appurtenances located above the pump house
floor when an aboveground discharge is provided.
(2)
Be protected against the entrance of contamination.
(3)
Be equipped with a check valve (in addition to any check valve within
the well), a shutoff valve and a pressure gauge.
(4)
Have all exposed piping, valves and appurtenances protected against
physical damage and freezing.
(5)
Be properly anchored to prevent movement.
(6)
Be protected against surge or water hammer.
C.
Pitless well units.
(1)
Pitless units shall:
(a)
Be shop-fabricated from the point of connection with the well
casing to the unit cap or cover.
(b)
Be threaded or welded to the well casing, or use compression
fittings certified by the Water Systems Council under Recommended
Standards (PAS-1).
(c)
Be of watertight construction throughout.
(d)
Be of materials and weight at least equivalent and compatible
to the casing.
(e)
Have field connection to the lateral discharge from the pitless
unit of threaded, flanged or mechanical joint connection.
(f)
Terminate at least 18 inches above final ground elevation or
three feet above the highest known flood elevation, whichever is higher.
(2)
The design of the pitless unit shall make provision for:
(a)
Access to disinfect the well.
(c)
A cover at the upper terminal of the well that will prevent
the entrance of contamination.
(d)
A contaminationproof entrance connection for electrical cable.
(e)
An inside diameter as great as that of the well casing, up to
and including casing diameters of 12 inches, to facilitate work and
repair on the well, pump, or well screen.
(f)
At least one check valve within the well casing.
(3)
If the connection to the casing is by field weld, the shop-assembled
unit must be designed specifically for field welding to the casing.
The only field welding permitted will be that needed to connect a
pitless unit to the casing.
D.
Casing vent. Provisions shall be made for venting the well casing
to the atmosphere. The vent shall terminate in a downturned position,
at or above the top of the casing or pitless unit, no less than 18
inches above grade or floor or three feet above the highest known
flood elevation, whichever is higher.
The Board of Supervisors recognizes that the preceding regulations
may not be applicable in all circumstances because of unusual topography
or property line layout and may consider deviations or variations
therefrom on an individual case-by-case basis.
A.
The Board of Supervisors, after referral to the Planning Commission
for its advisory comments, may grant a modification of the requirements
of this article if the literal enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that such modification will not be contrary to the public
interest and that the purpose and intent of this article is observed.
B.
All requests for a modification shall be in writing. The request
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
C.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
A.
Upon discovery of any violation of this article, the Township 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 article. Upon failure of the owner to effect such compliance,
the Township may initiate prosecution as set forth herein.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and shall
be abated by the municipality or the Board of Supervisors by:
All well permits shall contain the following statement:
|
"Approval of this application and issuance of a permit for a
well on the above described property does not constitute any guarantee
or warranty by Barrett Township regarding quantity or quality of water
that may be obtained as a result of any well drilled under this permit.
This permit provides Barrett Township's approval to drill a well at
the specific site shown on the application and does not provide any
other guarantees, approval, warranties, etc."
|
The provisions of this article are severable. If any sentence,
clause or section is for any reason found to be unconstitutional,
illegal or invalid, such decision shall not affect the validity of
any of the remaining provisions of this article. It is hereby declared
as the legislative intent that this article would have been adopted
had such unconstitutional, illegal or invalid provisions had not been
included herein.
All ordinances or parts of ordinances in conflict herewith shall
be and the same are hereby repealed.
This article shall take effect five days after the date of its
enactment.
