[HISTORY: Adopted by the Board of Supervisors of the Township of
New Garden 12-21-2001 by Ord. No. 143.
Amendments noted where applicable.]
The following words or phrases, when used in this chapter, shall have
the meaning ascribed to them in this chapter, except where the context clearly
indicates a different meaning:
The owner or administrator of a property who is seeking a permit
to withdraw the underground waters of the Township.
Board of Supervisors of New Garden Township of Chester County, Pennsylvania.
Chester County Health Department.
Delaware River Basin Commission.
A natural person, individual, partnership, corporation, fiduciary
or association.
Any excavation that is drilled, cored, washed, driven, dug, or otherwise
constructed for the location, diversion, or acquisition of underground waters
or charging of waters into the underground strata.
A.
Applicability. Recognizing the existence of the jurisdiction
of other agencies over groundwater withdrawal from wells and springs within
the Township (such as DRBC, DEP, CCWRA, CCHD), this regulation applies to
the following:
(1)
Portions of the Township in which public water supply
is not yet available;
(2)
To the use of wells for purposes other than drinking
water (i.e., agricultural, commercial and/or industrial uses); and
(3)
To instances when several number of new wells (i.e.,
new subdivisions) may affect existing surrounding wells by significantly lowering
the prevailing pumping level in the existing wells, a phenomenon known as
"interference." Accordingly, if the Township Planning Commission and/or the
Board of Supervisors determine, in their sole discretion, to require a groundwater
impact study ("study") from a landowner or developer, such study shall become
a requirement and/or prerequisite to any preliminary approval of a subdivision
by the Board of Supervisors.
B.
Scope of groundwater impact study. The scope of the study
shall be determined by the Township Engineer. At a minimum, the study shall
include the drilling of at least two wells within the new subdivision. One
of these wells will remain as an observation well and will not be used for
water supply. Since determination of possible interference between wells requires
access to existing wells, this chapter requires the installation of a vertical
rigid pipe, 3/4 inch in diameter, extending from the well cap to a distance
of at least 30 feet below the bottom of the submersible pump or to the bottom
of the well, as applicable. Access to the well shall be by a threaded nipple
through the well cap, fitted with a plug, or any other manner preapproved
by the Township Engineer which will provide the well owner, as well as the
Township Engineer with appropriate access to the well so as to secure pertinent
information regarding interference. Further, access to wells shall be required
by any and all land developers and/or future homeowners within the Township,
as set forth in this chapter.
A.
Applicability. Any and all withdrawal of groundwater
from wells and/or springs located within the physical boundaries of New Garden
Township, for exportation outside of the Township limits, requires a groundwater
exportation permit ("exportation permit" or "permit") from the Township. This
requirement for exportation permits applies to all proposed new wells, in
addition to existing wells for which water is to be exported outside of the
New Garden Township municipal limits. In order to secure a permit from the
Township, all applicants shall submit to the Township an application, on a
Township-approved form, along with all documentation as required by the Township.
Such required documentation shall include, but shall not be limited to, an
environmental impact analysis, prepared by a certified hydrogeologist or registered
engineer having similar experience, which sets forth in appropriate detail
the anticipated and expected environmental impact on the Township and its
groundwater supply, of the proposed exportation, and a groundwater withdrawal
permit from the Delaware River Basin Commission (hereinafter "DRBC"), or,
if the operation is exempt from the DRBC requirements, a letter from the DRBC
indicating the same. The Township shall be permitted, from time to time, to
set and/or revise the specific criteria and/or documentation required to be
submitted with an application for an exportation permit. The Township shall
also be permitted to establish a filing fee for such permit, and to levy a
surcharge upon the water to be exported from the Township, as the Township
shall determine in its sole discretion. It is specifically acknowledged that
withdrawal of groundwater within New Garden Township for exportation use outside
of the Township boundaries requires an exportation permit duly issued under
this chapter. Withdrawal of groundwater from wells, springs within the Township,
for exportation and/or use outside of the Township, without a duly issued
exportation permit shall be illegal and not permitted.
B.
Permit review. All groundwater exportation permits shall
be approved by a majority of the Board of Supervisors prior to issuance.
C.
Duration. Permits shall be valid for a period of one
year from the date of its issuance, and shall terminate automatically, unless
renewed by the applicant in accordance with the proceedings set forth in this
chapter. The Township shall not be required to send written notice of termination
of a permit. In order to renew a groundwater exportation permit, applicant
shall be required to submit a new permit application which meets all of the
requirements of an original permit application, including the payment of the
applicable fee.
D.
Withdrawal fee. The Township shall require, as a condition
of the permit, that the applicant shall pay to the Township, on a monthly
basis, a fee for each 1,000 gallons withdrawn from a well, spring and/or aquifer
within the Township. The current fee shall be $0.60 for each 1,000 gallons
drawn from any well, spring and/or aquifer within the Township. The Township
reserves the right to modify, at any time, in its sole discretion, the applicable
withdrawal fee under this provision. Payments shall be received by the Township
no later than the 10th day of the next following month, and shall be based
on the exported water withdrawn from a Township well/aquifer and exported
outside of the Township, as detailed in a written report prepared by the applicant
and which shall accompany the monthly withdrawal fee to the Township. Failure
of any applicant to promptly and timely pay this fee shall result in an immediate
suspension of the applicant's groundwater exportation permit, which permit
shall not be reinstated until the applicant has paid all delinquent amounts
due in full, plus applicable late fees and costs of collection, including
attorneys' fees, if any.
The Board of Supervisors of New Garden Township is hereby authorized,
from time to time, to adopt appropriate rules and regulations providing for
the implementation of the terms and conditions of this chapter.
Any person who violates this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township, pay
a penalty of a maximum of $1,000 for each violation, plus all courts costs,
including reasonable attorney fees, incurred by the Township. Each day of
violation of this chapter shall be a separation violation for the purpose
of enforcement.
