[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-23-2000 by Ord. No. 150]
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.
The scope of this article applies to all individual
and semipublic water supply systems. 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) are exempt from this article.
The governing body is hereby authorized and
empowered to undertake within the Township the regulation of the construction
of all water wells for domestic purposes.
The governing body 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
governing body 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 governing body shall have the right and
power to fix, charge, and collect rates, assessments and other charges
in the municipality at reasonable and uniform rates as authorized
by applicable law.
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 also apply for all alterations
to an existing well.
C.
This article shall not apply to normal maintenance
and minor repairs to keep the well in proper working order.
The following words and terms when used in this
article shall have the following meaning unless the context specifically
and clearly indicates otherwise:
A supply, the regular use of which has been discontinued
for a period of one year or more, or which is in such a state of disrepair
that continued use for the purpose of obtaining ground water is impracticable,
or which has been replaced by a new well or public water supply.
Any action which necessitates entering a well with drilling
tools; treating a well to increase yield, altering the physical structure
of depth of the well; blasting; removal or replacement of well casing.
The space between two cylindrical objects, one of which surrounds
the other, such as the space between a drill hole and a casing pipe
and a liner pipe.
American National Standards Institute.
American Petroleum Institute.
A geological formation that contains and transmits water.
American Society for Testing Materials.
American Water Works Association.
The flowing back of used, contaminated or polluted water
from a plumbing fixture or vessel or other sources into a potable
water supply pipe due to negative pressure in such pipe.
An impervious durable pipe placed in a well to prevent the
walls from caving and to seal off surface drainage or undesirable
water, gas or other fluids and prevent their entering the well.
All of the aerobic and facultative anaerobic, gram negative,
non-spore-forming, rod-shaped bacteria which are capable of fermenting
lactose with gas formation within 48 hours at 35° C.
A water system which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents.
All acts necessary to obtain groundwater, or artificially
recharge groundwater; provided, however, such term does not include
an excavation made for the purpose of obtaining or prospecting for
oil, natural gas, minerals, or products of mining or quarrying, or
for inserting media to repressure oil or natural gas formations or
for storing petroleum, natural gas, or other products and services.
Construction of wells includes the location and excavation or drilling
of the well, but excludes the installation of pumps and pumping equipment.
Any individual, partnership, company, association, corporation,
group or entity employed, hired, contracted or otherwise engaged by
the owner to perform defined services for compensation.
An arrangement allowing either direct or indirect connection
through which backflow, including back siphonage, can occur between
the drinking water in a public water system and a system containing
a potential source of contamination.
Pennsylvania Department of Environmental Protection.
A well that yields water by artesian pressure at the ground
surface.
The Supervisors of Washington Township, Franklin County,
Pennsylvania.
Water within the earth below the water table within the zone
of satisfaction. Groundwater includes both water under-water table
conditions and confined within deep aquifers.
A permanent watertight joint or connection made by filling
with concrete, neat cement, or other approved impervious material
between the casing and the undisturbed formation surrounding the well
or between two strings of casing.
A system including wells, pumps, and piping equipment, which
supplies water to a private home.
The procedure employed in the placement and preparation for
operation of pumps and pumping equipment, including all construction
involved in making entrance to the well and establishing seals but
not including repairs to existing installations.
The Township of Washington, Franklin County, Pennsylvania.
National Sanitation Foundation.
A public water system which is not a community water system.
Any person vested with sole or partial, legal or equitable
ownership of property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
A device or assembly of parts which will permit water to
pass through the wall of the well casing or extension thereof, and
which provides access to the well and to the parts of the water system
within the well in a manner to prevent entrance of pollution into
the well and the water produced.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
The term is either a community or noncommunity system and includes
collection, treatment, storage and distribution facilities under the
control of the operator of the system and used in connection with
the system. The term also includes a system which provides water for
bottling or bulk hauling for human consumption.
A water supply which services one or several facilities such
as industrial or commercial establishments, parks, camps, hotels,
motels, schools, institutions, eating and drinking establishments
or a water supply which services two or more dwelling units and is
not a public water system as defined by the Pennsylvania Safe Drinking
Water Act (35 P.S. § 721.1 et seq.).
Washington Township, Franklin County, Pennsylvania governmental
jurisdiction or governing body represented by the Board of Township
Supervisors.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed when the intended use of such
excavation is for the location, acquisition or artificial recharge
of groundwater. This includes but is not limited to test wells, test
borings, and monitoring wells, in addition to wells to be utilized
as individual or semipublic water supplies.
An individual or company that is permitted or licensed by
the State of Pennsylvania to drill wells in Pennsylvania.
An approved device or method used to protect a well casing
or water system from the entrance of any external pollutant at the
point of entrance into the casing of a pipe, electric conduit or water
level measuring device.
A metal marking device supplied by the Township for installation
on the well cap for every new or reconstructed water well or geothermal
well.
The owner of the property on which a well for
domestic water use is to be utilized shall:
A.
Apply to Washington Township Supervisors 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,
and proposed date for drilling to begin. 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 governing body, including a signed well
completion report and a copy of well water test results obtained from
the well driller.
The source of supply shall be from a water-bearing
formation drawn not less than 35 feet from the ground surface. Capped
wells shall be located at a point free from flooding, at a higher
elevation (wherever possible) and at 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 of 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, privies and fuel tanks
|
100
|
|
Rainwater pits, ditches
|
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)
|
30
|
|
Any other source of pollution
|
As approved
|
A.
Casing.
(1)
All wells supplying individual or semipublic water
supplies shall be equipped with watertight and durable wrought iron,
steel, plastic (PVC) or other type approved casing with a minimum
wall thickness of 0.1875 for iron and 0.175 for PVC (Schedule 80).
(2)
The sections of casing shall be joined together by
threaded couplings or joints, welding or other watertight approved
method. The casing shall be carried to a minimum depth of 40 feet
and then extended an additional 10 feet into firm bedrock or other
impervious strata and grouted in place. Casing and grouting must be
compatible. Pressure grouting is required for all wells by running
tremie pipe to bottom along casing. Cement concrete or bentonite are
encouraged for use in grouting. Casing shall extend at least eight
inches above ground surface. The borehole should be three inches larger
than the outside diameter of casing to allow for grout.
(3)
In areas known to be contaminated, the minimum depth
for casing shall be 40 feet. The criteria established in AWWA Standards
A100-84 must be followed.
B.
Well depth. The minimum drilled depth for any water
well is 80 feet from surface of the ground.
C.
Ferrous casing. Ferrous casing shall be new pipe meeting
ASTM or API specifications for water well construction. It shall be
equipped with a drive shoe or other effective casing seal and have
full circumference welds or threaded pipe joints.
D.
Nonferrous casing. Nonferrous casing shall meet appropriate
ANSI, ASTM or NSF standards for water well casing applications. It
shall not be driven.
E.
Grouting.
(1)
An annular space shall be provided between the well
casing and the earth formation. It shall be completely filled with
approved grout materials in one continuous operation under pressure
from the bottom of the casing to the natural ground surface within
24 hours of completion of drilling. No activity in and around the
well should occur within 48 hours after grouting of the casing or
within two hours if using bentonite.
(2)
In the event that grouting is done following completion
of all drilling operations, all obstructions must be completely cleared
prior to placement of grout material. The casing shall be sealed be
grouting or minimum of 15 feet each above and below the polluted or
undesirable water-bearing zone.
(3)
During the installation of a pitless adaptor, grout
material may be removed from the exterior of the casing in order to
provide a watertight seal between the casing and this adaptor. For
such an adaptor, a ditch at least three feet deep will be required
along with conduits, stone, dust or sand. A sanitary well cap shall
be incorporated for protection from leakage and identification of
the well, respectively.
F.
Packer. Packers when used shall be of material that
will not impart adverse taste, odor, toxic substances or bacterial
contamination to the well water.
G.
Gravel packs. Gravel packs, when used, shall be 95%
siliceous material and placed in uniform continuous operation. Refill
pipes shall be Schedule 40 Steel and in the annular opening surrounded
by a minimum of 1 1/2 inches of grout. Protection from leakage shall
be guaranteed.
H.
Pits. Pit installations are discouraged where the
casing terminates below the ground surface. If they must be used,
the floor shall be a watertight reinforced concrete platform at least
four inches thick and extending from the casing at least two feet
in all directions. The casing shall extend from the floor of the pit
for at least 12 inches. The walls of the pit shall be at least four
inches thick of the same material or its equivalent. A durable watertight
manhole, a minimum of two feet in diameter, shall be installed in
the top of the pit, which also shall be a reinforced concrete slab
of at least four inches in thickness. Pit installations shall not
be used in flood-prone areas or fluctuating water tables which rise
within one foot of the bottom of the proposed pit. Where pipes enter
the pit, the annular space between the pipes and the wall shall be
effectively sealed in a watertight permanent manner.
I.
Pitless installations.
(1)
Pitless installations are those where the casing terminates
above the ground surface. Where used, they shall be effectively sealed.
All buried suction lines shall be encased. The access casing shall
be protected against corrosion and shall extend at least eight inches
above the natural ground surface and to a point below the frost line.
This area shall be designed for blockage of water, insects, and rodents.
(2)
Pitless adaptors cannot be installed with torch or
flame, but must be installed using hole saw or drill.
J.
Well screens. Well screens shall provide maximum amount
of open area while still maintaining structural strength. They shall
have the size of openings based on a sieve analysis to preclude entry
by sand, silt, and other undesirable elements.
K.
Well cap. Install a secure, screened, varmint-free
well cap on all wells to prevent any surface pollutants from entering
the well or any vandalism to the well or aquifer. In the event of
a flowing well, well cap must stop overflow from well.
L.
Well tag. An identification tag must be permanently
attached to each new or reconstructed water well or each geothermal
well. These tags will be issued by Washington Township at the time
the application for the well permit is approved.
M.
Venting. Where venting is required, an overlapping
cover or pipe with an opening facing downward shall be required. In
no case shall openings be less than 12 inches from the ground or the
floor in case of pit installations.
N.
Monitoring wells. Monitoring wells shall be designed
such as to minimize potential contamination of the aquifer and to
maximize the information obtained from each such well.
O.
Heat pumps. Heat pump (geothermal) installations shall
be designed and constructed to provide an effective watertight seal
with the well casing or water storage reservoir and to prevent contamination
from reaching the water chamber or interior pump surfaces. In closed-loop
systems, holes must be grouted from bottom to top with cement or bentonite.
Open-loop systems must conform to same requirements as water well.
P.
Power pump installations. The base installed directly over a well casing or pipe sleeve shall be designed to provide an effective watertight seal. It shall be located in a flood-free area. Where power pumps are placed in pits, they shall comply with Subsection N above, and shall be ventilated with a pipe of at least 1 1/2 inches in diameter. The pump and related equipment shall permit convenient access, removal, maintenance and repair. The suction opening shall be placed at least two feet below the maximum drawdown of the water in the well. However, it shall be located at a sufficient distance from the bottom of the well so as to prevent agitation of accumulated sediment.
Q.
Abandoned water supplies.
(1)
A permit is required for any existing well that is
to be abandoned. Drilled wells shall be filled and sealed by cement,
concrete grout or bentonite. Hand-dug wells shall be filled with clean
stone to within 10 feet of the top of the well, then concrete to within
two feet of ground level.
(2)
Dry wells being abandoned must be filled with clean
stone and the top 18 feet filled with cement or bentonite; however,
the top two feet may be covered with topsoil.
R.
Disinfection. Following completion of construction,
the well shall be pumped continuously until the water discharge is
clear. It shall be filled with water containing concentration of not
less than 100 parts per million of free chlorine. A portion of this
solution shall be recirculated directly to the well in order to insure
proper agitation. The water shall not be used for a period of 24 hours.
Other combinations of water/chlorine concentration and time interval
may be used if demonstrated equally effective. Disposal of the purged
water shall be at a point so as to minimize adverse effects to aquatic
life and in no way directed into any subsurface sewage disposal system.
One ounce of dry calcium hypochlorite dissolved in 52.5 gallons of
water makes the proper strength disinfectant solution.
S.
Cross-connections.
(1)
If pump and piping is not installed by well driller,
owner is responsible for proper installation of check valves and backflow
protection. Backflow protectors must be incorporated into the system
and be used as needed for each outside water hose connectors. At least
two check valves must be incorporated into each water system that
derives water from a well.
(2)
Except where not practical, a cross-connection prevention
assembly should be provided. For semipublic water supplies, this device
is required to be installed at any fixed potable water outlet to which
a hose may be connected.
T.
Well analysis. After well disinfection, collect and
analyze water samples for pH, total solids, iron, nitrate-nitrogen,
and coliform bacteria. The owner or his representative shall utilize
the appropriate means and methods for sampling and stabilization,
and obtain sample analysis from a certified lab. One copy of the analysis
results shall be provided to the owner of the well and one copy provided
to the Township.
U.
Completion report. Submit one copy of DCNR's water
well completion report form 8700-FM-TG-5001S, as may be amended, to
the Township. In addition, distribute the remaining copies of this
form as directed including one copy to the owner. In the case of geothermal
wells, a report must be filed indicating the well was constructed
in accordance with this article.
A.
No individual or semipublic water supply for human
consumption shall be constructed or altered where a public water system
connection is within 250 feet of the existing or proposed structure
and public water service is available to that site.
B.
Wells for agriculture or other purposes, excluding
human consumption, shall be permitted regardless of public water availability.
C.
Cross-connections between an individual or semipublic
water supply and the public water system shall be prohibited.
An application fee, as set by the Township Supervisors,
must be paid at the time the complete application for a well permit
is presented to the Township office. In no case will the application
be approved prior to payment of this fee.
A.
Upon discovery of any violation of this article, the
Township of Washington 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 hereinabove set forth.
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. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.[1]
In addition to any other remedies provided in this article, any violation of § 348-11 above shall constitute a nuisance and shall be abated by the municipality or the governing body by either seeking mitigation of the nuisance; by institution of a suit or suits in equity to restrain or prevent violations of the aforesaid sections; or by seeking a mandatory preliminary injunction under the applicable provisions of the Pennsylvania Sewage Facilities Act; or by seeking other legal relief from a court of competent jurisdiction.
Approval of an application and issuance of a
permit for a well on the property described in the application does
not constitute any guarantee or warranty by Washington Township regarding
quantity or quality of water that may be obtained as a result of any
well drilled under the permit. The permit provides Washington Township's
approval to drill a well at the site shown on the application, and
does not provide any other guarantees, approval, warranties, etc.
[Adopted 7-7-2004 by Ord. No. 176]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
Any principal structure or building on improved property
within 250 feet of a water main constituting a part of the water system.
The Washington Township Municipal Authority, Franklin County,
Pennsylvania, a municipal authority of the Commonwealth, which, in
addition to other responsibilities, supplies water to the Township.
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected
a structure intended for continuous or periodic human habitation or
other occupancy or use by human beings for any purpose, whether domestic,
residential, commercial, business or otherwise, and within which water
is provided for human consumption.
Any property located in this Township upon which there is
erected a structure that is used or intended for use, wholly or in
part, for the manufacturing, processing, cleaning, laundering or assembling
of any product, commodity or article, or any other property utilizing
an industrial process and which does not provide water for human consumption.
That part of the water system (including, without limitation,
pipes, connections and conduit) extending from any building or structure
on the improved property to the water system, curbline, easement,
or, if there shall be no curbline, to a point designated by the Township
used or usable for water distribution purposes.
Any authority, borough, Township, or other entity, public
or private, including, without limitation, the Borough of Waynesboro,
who supplies public water to the Township.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Shall include any street, road, lane, court, cul-de-sac,
alley, public way or public square.
The Township of Washington, Franklin County, Pennsylvania,
a municipal subdivision of the commonwealth, acting by and through
its Board of Supervisors or, in appropriate cases, acting by and through
its authorized representatives.
The Authority or other public water supplier.
All pipe, conduit, connections and facilities, as of any
particular time, for the treatment and distribution of water, situated
in or adjacent to this Township and owned by the water company including
the existing water works and water distribution facilities, together
with all appurtenant facilities and properties including all property,
real, personal and mixed, rights, powers, licenses, easements, rights-of-way,
privileges, franchises and other property or interests in property
of whatsoever nature used or useful in connection with all such facilities
and together with all additions, extensions, alterations, improvements
and betterments thereof or thereto which may be made, installed or
acquired, from time to time, by or for the water company.
A.
The owner of any improved property abutting the water
system shall connect such improved property with and shall use such
water system, in such manner as this Township may require, within
90 days after notice to such owner from this Township to make such
connection; subject, however, to such limitations and restrictions
as shall be established herein or otherwise shall be established by
this Township and the water company, from time to time.
B.
Subsection A shall apply only when improved property is abutting the water system as the result of construction of a new building or the extension of the water system occurring after the effective date of this article. The construction date shall be considered the date that the building permit is issued or the date that the water system extension is accepted by the water company.
C.
Subsection A shall not apply to any improved property if, in order to comply with this article, the owner of the improved property would be required to obtain an easement or right-of-way from a third party other than the commonwealth, Township or the water company over such third-party property to make the connection required by this article.
D.
Those industrial establishments and farms which have
their own supply of water for uses other than human consumption may
continue to use their own water for that purpose but are required
to use the water system to provide water for human consumption.
E.
The notice by this Township to make a connection to the water referred to in Subsection A shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days from the date such notice is given. Such notice may be given at any time after the water system extension is accepted by the water company. Such notice shall be served upon the owner in accordance with law.
A.
No person shall uncover, shall make connection with,
shall make any opening into or shall use, alter or disturb, in any
manner, any part of the water system without first obtaining the necessary
permit, in writing, from the water company.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection
of any improved property with the water system until such person shall
have fulfilled each of the following conditions:
(1)
Such person shall have notified the water company
of the desire and intention to connect such improved property to the
water system;
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A;
(3)
Such person shall have given the water company at
least 48 hours' written notice of the time when such connection will
be made so that the water company can inspect or may cause to be supervised
and inspected the work of connection and necessary testing; and
(4)
Such person shall have furnished satisfactory evidence
that any tapping, connection and other fees which may be charged and
imposed by the water company against the owner of each improved property
who connects such improved property to the water system have been
paid; and
(5)
Such person shall have furnished satisfactory evidence
that a road occupancy permit has been obtained from the Township or
the Pennsylvania Department of Transportation, if applicable.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a water meter through a lateral service line. Grouping of more than one improved property on one lateral service line shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the water company, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the water company.
E.
All costs and expenses of construction of any lateral
service line and all costs and expenses of connection of a lateral
service line to the water system (including, but not limited to, any
cost of connection imposed under the applicable rules and regulations
of the water company) shall be borne by the owner of the improved
property to be connected; and such owner shall indemnify and shall
hold harmless the water company from all loss or damage that may be
occasioned, directly or indirectly, as a result of the construction
of a lateral service line, the connection of a lateral service line
to the water system or the abandonment of a well, cistern or similar
receptacle.
F.
The owner of the improved property shall make all
connections to the water mains at the owner's sole cost and expense
according to the water company rules and regulations.
G.
Water service lines.
(1)
To the extent lateral service lines are not installed
or connected by the water company, all lateral service lines from
the water system to any building or structure on the improved property
(including, without limitation, installation and connection from the
main to the curb and through the wall of the structure and housing
facility for the meter on the improved property) to be served, shall
be installed by the owner of the improved property to be served, shall
be approved by the water company and shall be maintained and kept
in good repair at the expense of the owner of the improved property
to be served. All costs and expenses of installation and connection
of lateral service lines with the water system and any building or
structure on the improved property shall be paid by the owner of the
improved property notwithstanding any installation or connection,
in whole or in part, by the water company.
(2)
No lateral service line or other connection facility
between the water system, improved property and any structure or building
to be served shall be covered up in the process of installation until
inspected and approved by the water company. If any lateral service
line or other connection facilities are covered before so being inspected
and approved, it shall be uncovered for inspection at the sole cost
and expense of the owner of the improved property.
H.
The size of the service connection from the water
main necessary to serve adequately an improved property and the location
of such service connection shall be determined by the water company.
If any person shall request a service connection of a greater capacity
than that determined by the water company to be adequate, or if any
such person shall request that a service connection be located in
a location different than that determined by the water company, in
its sole discretion, water company may approve such service connection
in accordance with the request of such person.
I.
When it is necessary to replace or repair an existing
service connection to the water system, the owner will provide for
the replacement of said service connection, at the sole cost and expense
of the owner, in the same location as the old service connection;
provided, however, that if the owner of the particular improved property,
for his/her own convenience, desires the new service connection at
some other location and agrees to pay to the water company all expenses
of cutting off the old service connection and all other additional
expenses incurred in complying with said request, then the service
may be relocated, if said location is approved by the water company.
J.
A lateral service line shall be connected to the water
system at a place designated by the water company, and where, if applicable,
the lateral service line connection is provided.
K.
If the owner of any improved property Abutting the water system, after 90 days notice from this Township requiring the connection of such improved property to the water system, in accordance with § 348-18A, shall fail to connect such improved property, as required, this Township or their agents may enter the improved property and construct such connection. If the Township or its agent construct such connection pursuant to this section, the Township shall send an itemized bill of the cost of construction of connection to the owner of the improved property to which the connection has been made, which bill is payable immediately. The Township or its agent may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
A.
Where improved property, at the time connection to
the water system is required, is served by its own well or cistern,
the existing water line shall be disconnected from the well or cistern
and connected to the public water system. There shall not be any connections
made between a well, cistern or the improved property existing water
source and the water system.
B.
Every lateral service line of any improved property
shall be maintained in a sanitary and safe operating condition by
the owner of such improved property.
C.
Every excavation for a lateral service line shall
be guarded adequately with barricades and lights to protect all persons
from damage and injury. Any street, sidewalk and other public property
disturbed in the course of installation of a lateral service line
shall be restored at the sole cost and expense of the owner of the
improved property being connected in a manner satisfactory to this
Township and the water company.
D.
If any person shall fail or shall refuse, upon receipt
of a notice of the Township or water company, in writing, to remedy
any unsatisfactory condition with respect to a lateral service line
within 60 days of receipt of such notice, Township or water company
may refuse water service until such unsatisfactory condition shall
have been remedied to the satisfaction of this Township or water company.
E.
Township and the water company reserves the right
to adopt, from time to time, additional rules and regulations as it
shall deem necessary and proper relating to connections with a lateral
service line and with the water system, which additional rules and
regulations, to the extent appropriate, shall be construed as part
of this article.
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 minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of inhabitants of this Township.
