[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-1978 by Ord. No. 201 (Ch. 176, Art. I, of the 1990 Code)]
A. 
Short title. This article shall be known and may be cited as the "Upper Providence Township Well Ordinance of 1978."
B. 
Purpose. The purpose of this article is to promote and protect the general health and welfare of the residents of the township by conserving the supply of underground waters and preventing the pollution thereof.
The following words or phrases, when used in the article or regulations adopted thereunder, shall have the meanings ascribed to them, except where the content clearly indicates a different meaning:
BOARD
The Upper Providence Township Board of Supervisors.
CAPACITY
Except in the case of free-flowing wells, the "capacity" is construed to mean the daily capacity of the pumps installed and not the contemplated draft.
[Amended 9-17-1990 by Ord. No. 301]
DRILLING
All action necessary to construction of wells such as drilling, boring, coring, washing, digging, driving or letting. This shall not apply to the drilling of blast holes in quarries or to core holes 31/2 inches or less in diameter drilled for exploration or investigation.
PERSON
A corporation, partnership, municipal authority or association, as well as a natural person.
UNDERGROUND WATERS
Waters of underground streams, channels, artesian basins or other bodies of water in or under the ground, whether percolating or otherwise.
WELL
Any excavation that is drilled, cored, bored, washed, driven, dug or otherwise constructed for the location, diversion or acquisition of underground waters or the charging of water into underground strata.
WELL DRILLER
Any water well contractor, his employees or representative in responsible charge of drilling or otherwise constructing a well.
No well may be drilled within Upper Providence Township except in strict accordance with the provisions of this article and the well-drilling regulations adopted by the Board hereunder. Such regulations shall be prepared and approved by resolution of the Board and when so approved shall have the same force and effect as provisions of this article.[1]
[1]
Editor's Note: The current regulations are on file in the office of the Township Secretary.
A. 
It shall be unlawful for any person to locate, drill or have drilled any well, to install or have installed any related pumping equipment or to alter an existing well or its pumping equipment until a permit for such location, drilling, installation or alteration shall have been issued by the duly appointed township officer.
[Amended 9-17-1990 by Ord. No. 301]
B. 
Any well driller desiring to drill to an excess of 200 feet in depth or to tap an underground flow of excess of eight gallons per minute shall specifically notify the Board of Supervisors, and the Board shall have the authority to impose such conditions and make such requirements and limitations as may, in its opinion, be necessary to protect the citizens of the township and may issue limited and revocable permits for such wells.
C. 
Anyone desiring to drill for purposes of service to multiple-unit residential developments, apartment buildings or commercial or industrial users shall give the exact spot of drilling to the township inspector. The inspector will then establish the proximity of other deep wells in the vicinity. If there is no deep well within 11/2 miles or if wells closer than that distance are being used at less than 75% of capacity, the permit will be granted; otherwise it will be denied.
All well drillers shall, upon completion of the drilling of any well, file a report in the form to be supplied by the Board.
The owner of any well shall, upon abandonment of any existing well or test hole, effectively seal and fill such wells and test holes in accordance with rules prescribed by the Board. A well not in operation for three or more years or improperly maintained to prevent contamination may be deemed to have been abandoned.
A fee schedule shall be established in the rules and regulations adopted under the terms of this article.[1]
[1]
Editor's Note: The current fee schedule is on file in the office of the Township Secretary.
[Amended 9-17-1990 by Ord. No. 301]
Any person or persons, firm or corporation violating any provisions of this article or the rules and regulations adopted hereunder by the Board shall be liable, on conviction thereof, to pay a fine or penalty not exceeding $1,000 for each and every offense, and whenever such person or persons shall have been notified by the Board or by the service of a warrant and summary proceedings that he is committing such violations, each day thereafter that he continues and persists in such violations shall constitute a separate offense. Such fine and penalty shall be collected as provided by law, and in default of the payment of the fine and penalty imposed and the costs, the defendant may be sentenced and committed to the county jail for a period not exceeding 30 days.