[Ord. 128, 4/26/1994]
An ordinance of the Township of Smithfield, Monroe County, Pennsylvania,
regulating wells, requiring permits before digging or drilling same,
imposing fees for obtaining such permits and imposing penalties for
violations.
[Ord. 128, 4/26/1994]
No person or corporation, including contractors, shall dig or
drill a well in the Township of Smithfield for the purpose of obtaining
water without first obtaining a permit from the sewage Enforcement
Officer of said Township.
[Ord. 128, 4/26/1994]
No such well shall be located closer to the nearest part of
any existing or proposed on-site sewage disposal system or septic
tank (whether on land of applicant or adjoining lands) than 100 feet.
The applicant shall present an accurate scale plan Showing the location
of all existing or proposed wells and existing or proposed sewage
disposal systems or septic tanks on the lands of the applicant and
on all immediately adjoining lands that may be affected by said regulations.
In the absence of an existing central sewage disposal System; no well
shall be permitted to be drilled where an on-site sewage disposal
system or septic tank, whether on lands of the applicant Or on immediately
adjacent; lands, first have been approved by said Sewage Enforcement
Officer; and, furthermore, that no well permit shall be issued for
a particular property until a sewage permit has been issued for said
property. The accurate scale plan presented by the applicant for a
well permit hereunder shall be the same scale plan as submitted for
the sewage permit for the subject property, and shall indicate the
location of any such sewage system of said property.
[Ord. 128, 4/26/1994]
Each applicant for such permit shall pay a fee, set from time
to time by resolution by the Supervisors of the said Township; and
the Township, through its own Sewage Enforcement Officer, shall act
upon each such application for permit within 20 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, said failure shall be deemed to be approval of the
said application as submitted unless the applicant has agreed in writing
to an extension of time.
[Ord. 128, 4/26/1994; as amended by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part, or who shall commence construction of a Well without
first obtaining a permit, upon conviction hereof in an action brought
before a district justice 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. 128, 4/26/1994]
Any person aggrieved by an action or decision of the Sewage
Enforcement Officer concerning the administration of this Part may
appeal to the Smithfield Township Board of Supervisors. Such appeal
must be filed, in writing, within 30 days after the decision or action
of the Sewage Enforcement Officer. Upon receipt of such appeal, the
Supervisors shall set a time and place, within 30 days, for the purpose
of considering the appeal. Notice of the time and place at which the
appeal will be considered shall be given to all parties. Any person
aggrieved by a decision of the Supervisors may seek relief therefrom
by appeal to court, as provided by the laws of the Commonwealth.
