[Adopted 9-23-2002 by Ord. No. 343]
The purpose of this article is to:
A. 
Allow for the protection, orderly development, management, and use of the groundwater resources in Upper Pottsgrove Township, Montgomery County, Pennsylvania;
B. 
Ensure that new wells constructed within the Township are able to provide a reliable, safe, and adequate water supply to support the intended use without interfering with the supply of existing wells; and
C. 
Provide for certain well construction standards and testing criteria to further ensure the protection of groundwater resources, and the provision of a reliable, safe, and adequate water supply.
The following words or phrases when used in this article shall have the meaning described to them, except where the content clearly indicates a different meaning:
ABANDONED WELL
Any water supply well in existence prior to enactment of this article which has not been in service for a period of three consecutive years, or which has been replaced by an alternative water supply source.
AGRICULTURAL WELL
Any water supply used for farm crops or animals with no possibility of human consumption.
AQUIFER
A saturated permeable geological formation that stores and transmits significant quantities of water under ordinary hydraulic gradients.
BOARD
Upper Pottsgrove Township Board of Commissioners
CAPACITY
Except in the case of free-flowing wells, construed to mean the daily capacity of the pumps installed and not the maximum anticipated withdrawal.
COMMUNITY WATER SUPPLY SYSTEM
A system for the provision of water for human consumption which regularly serves at least 15 service connections or regularly serves at least 25 individuals.
CONSTRUCTION
All acts necessary to obtain groundwater, following issuance of a valid building permit, taking place after the enactment date of this article. This includes the excavation or drilling of wells, but excludes installation of pumps and pumping equipment.
CONSUMER
A person, partnership, association, or corporation, and shall mean anyone to whom water is supplied by the owner of a public water supply system or a community water supply system.
DCNR
Pennsylvania Department of Conservation and Natural Resources, or its successors or assignees.
DEP
Pennsylvania Department of Environmental Protection, or its successors or assignees.
DRBC
Delaware River Basin Commission, or its successors or assignees.
DRILLING
Any act of penetrating soil or rock such as drilling, boring, coring, washing, jetting, digging, driving or letting. This shall not apply to drilling of blast holes in quarries or to core holes 3 1/2 inches or less in diameter drilled for exploration or investigation.
EQUIVALENT DWELLING UNIT
The amount of water to be utilized by a structure intended for occupancy by a single family, or the equivalent amount of water for a nonresidential use.
INDIVIDUAL WATER SUPPLY SYSTEM
A system including wells, pumps, piping, storage and/or treatment equipment supplying water for human consumption and not regulated under the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.1 et seq.) or the regulations promulgated thereunder.
MAXIMUM ANTICIPATED WITHDRAWAL
The amount of water pumped from a well that is necessary to meet anticipated water needs (based upon DEP's Public Water Supply Manual) during peak demand.
MODIFICATION
Any action which necessitates entering a well with drilling tools; treating a well to increase yield; altering the physical structure or depth of the well; removal or replacement of well casing; or alterations to grouting.
MONITORING WELL
A well used to observe water levels and/or obtain samples of groundwater.
NEW CONSTRUCTION
Any building or structure which is constructed or whose use is changed from residential, commercial, or industrial to another type of use after the effective date of this article.
NONRESIDENTIAL
Any commercial, industrial, professional, or similar activity whether conducted for profit or not for profit.
PERSONS
Any individual, company, municipality, political subdivision, corporation, partnership, municipal authority, association, or any agency of county, state, or federal government. This term shall include the officers, employees, and agents of any of the above-listed entities.
PUBLIC WATER SUPPLY SYSTEM
A water supply system that is owned and operated by the Township, a municipal authority, or purveyor that is subject to Pennsylvania Public Utilities Commission (PUC) regulation.
TEST WELLS
A well constructed for the purpose of obtaining information on groundwater or hydrogeologic conditions, including yield and quality.
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, 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, geothermal and monitoring wells, in addition to wells to be utilized as individual water supplies.
WELL DRILLER
Any person licensed by the Commonwealth of Pennsylvania who is, or who is responsible for, drilling, altering, or repairing a water well.
WELL OWNER
Any person who owns land on which a well has been drilled.
A. 
Requirement for public water supply system connections.
(1) 
All buildings and structures within 150 feet of a water main owned by a public water supply system and requiring water service shall connect to said water main and pay applicable fees, provided that adequate supply is available, in the following instances:
(a) 
All commercial, institutional and industrial uses shall connect.
(b) 
All new construction shall be required to connect.
(c) 
All multi-use and multifamily buildings and structures shall connect.
(d) 
All properties presently served by a well which has failed and would require the drilling of an entirely new well in a new location shall connect.
(2) 
Buildings and structures shall be exempt from connecting in the following instances:
(a) 
If the building or structure is outside the franchisee area of the public water supplier.
(b) 
If the existing well is to be drilled deeper in the same location.
(c) 
If public water mains were extended to within 150 feet of a single-family residence after adoption of this article, except those instances set forth in Subsection A(1)(d) above, in which case the exemption shall not apply.
B. 
Cross connection and backflow prevention. All extensions and connections to a public water supply system shall comply with the backflow prevention requirements of the DEP. Cross connection shall be prohibited.
The Montgomery County Health Department currently approves the location, construction, and testing for all individual water supply wells and approves the operation of individual water supply systems. It shall be unlawful to install or modify an individual water supply well without first obtaining a permit from the Montgomery County Health Department.
A community water supply system shall be provided for all subdivisions and land developments not serviced by a public water supply system when the following two conditions apply, unless waived by the Board of Commissioners:
A. 
The subdivision or land development has an estimated water use in excess of 10,000 gallons per day. Estimates for water usage shall be determined using the regulations of Title 25 Pa. Code Chapter 73.17 designed to determine sewage flows for community sewage systems.
B. 
The subdivision or land development will provide water to the public for human consumption and will involve at least 15 service connections or regularly serving at least 25 individuals daily for at least 60 days out of the year.
A. 
Permits for a community water supply system serving new construction must be obtained prior to the beginning of construction of any buildings to be served by the well. Each permit will be granted upon a two-part approval system which consists of a permit to construct and an approval to operate.
B. 
Permit to construct.
(1) 
Application for a community water supply system permit shall be made upon a form supplied by the Township, and shall be completed on behalf of the current property owner or equitable owner and submitted to the duly appointed Code Enforcement Officer or other proper representative of the Township.
(2) 
Applications for a community water supply system must be submitted with an appropriate check or money order made payable to Upper Pottsgrove Township for review of the application. The amount of the fee shall be determined from time to time by resolution of the Board.
(3) 
The application form for a community water supply system must be completed and include the following:
(a) 
Applicant's name, address, and telephone number.
(b) 
Site address and subdivision name.
(c) 
Driller name, DCNR license number, and telephone number.
(d) 
Type of construction and intended use.
(e) 
Type of sewage disposal to serve the subdivision.
(4) 
Within 10 working days of receipt of an administratively complete application, the duly appointed Code Enforcement Officer, or other proper representative of the Township, shall either:
(a) 
Issue a permit to the applicant indicating the approved location for the well and special instructions for construction, if any; or
(b) 
Refuse to issue said permit, and in such event, shall provide the applicant with written reasons for such refusal. The Township shall notify applicants in writing within seven working days if an application is determined to be incomplete or contains information unable to be verified.
(5) 
All permits shall be in effect as of the date of issuance, and shall remain in effect for a period of three years. In the event that construction under the permit has not been completed at the expiration of three years from the date of issuance, the permit shall expire, the validity shall cease and terminate, and all fees paid will be forfeited to the Township.
(6) 
Emergency permits may be issued for the correction of problems to an existing well that causes disruption of the availability of potable water. Such emergency permits shall be issued within three working days of the date of application. This permit shall be effective for 30 days, after which the normal permit must be obtained.
C. 
Water supply drilling and construction standards. The applicant for a community water supply system well shall retain a registered professional engineer qualified to practice in Pennsylvania and competent in the design and construction of wells, storage facilities, and distribution systems.
(1) 
Community water supply system wells shall be about 300 feet deep. Actual depth may vary and some wells may have to be deeper in order to provide the necessary supply. In every circumstance, the community water supply system well shall be greater than 150 feet in depth and have an initial yield sufficient to provide a reliable source of supply under most adverse conditions, when accounting for the reduction in yield with long-term operation.
(2) 
For each well that is drilled, a detailed drilling record and geologic log shall be prepared. Rock specimens shall be analyzed at five-foot intervals in order to describe the lithology encountered, and information shall be obtained as to depth and estimated yield of the water-bearing zones. Proper methodology shall be used to estimate the yield of the water-bearing zones.
(3) 
Each well shall be a minimum of eight inches in diameter or larger. The wells shall be double-cased with a minimum of 10 feet of outer casing and an inner casing of 40 feet, or 15 feet into unweathered bedrock, whichever is greater. The annular space between the two casings, and the bedrock and outside of the casing shall be filled with neat cement from the bottom of the well to a distance of no less than six feet below the ground surface. All joints between sections of casing shall be made by continuous welding. Where a pump section or discharge pipe enters or leaves a well through the side of the casing, the circle of contact shall be watertight. All casing shall extend at least 18 inches above final grade and shall be above the one-hundred-year flood elevation of the site.
(4) 
Water mains shall be constructed by the developer in such a manner as to make adequate water service available to each lot, building, or dwelling unit within the subdivision or land development. A minimum pressure of 35 pounds per square inch shall be provided at each house or other building to be connected to the water supply main.
(5) 
Fire hydrants shall be located in accordance with § 310-30C(7)(c)[5] of Chapter 310, Subdivision and Land Development.
(6) 
All extensions and connections to the community water supply system shall comply with the backflow prevention requirements of the DEP. Cross connection shall be prohibited.
(7) 
All installations and operations shall meet or exceed the relevant requirements not only of the state, county and the Township, but also AWWA Standard A100, latest edition, related to construction specifications, techniques, and disinfection.
D. 
Water quantity testing. When an applicant is not required to obtain a permit from DRBC, the following minimum water supply testing requirements shall be performed upon completion of drilling and well construction:
(1) 
A step-drawdown test shall be conducted in accordance with AWWA Standard A100 Section 10, latest revision. Upon completion of the step-drawdown test, a forty-eight-hour continuous pump test shall be conducted in accordance with DEP and AWWA A100 standards. The test shall be conducted with a pumping rate of 150% greater than the maximum anticipated withdrawal that should not deviate greater than +/-5% during the test. Recovery water levels shall be recorded continuously for at least six hours immediately after the conclusion of the pumping test. Water levels shall be recorded daily for at least 30 days, weekly for at least six months, then monthly thereafter immediately after the conclusion of the pumping test. Notice of all pumping tests shall be given to the Township at least 72 hours before commencing the pumping test.
(2) 
To determine the impact of the project well on existing wells, a representative sample of existing wells, evenly spaced around the pumping well, as approved by the Township, shall be monitored.
(a) 
Monitoring shall be conducted within a radius defined as follows:
[1] 
Three-fourths mile for withdrawals up to 50,000 gallons per day;
[2] 
One mile for withdrawals between 50,000 and 100,000 gallons per day;
[3] 
Two miles for withdrawals in excess of 100,000 gallons per day.
(b) 
Sufficient well monitoring shall be performed to allow the construction of hydrographs showing a continuous record of well levels before, during, and after the pumping test. In the absence of existing wells, an observation well shall be located at a distance of 150 to 200 feet from the proposed production well site, and in no case shall the observation well be located at a distance over 500 feet from the proposed production well site.
(3) 
Should the pumping test reveal an impact on the existing groundwater supply and/or wells, the applicant shall comply with one of the mitigation guidelines below, as approved by the Board of Commissioners:
(a) 
Provide, at applicant's cost, affected well owners with a safe and reliable water supply by drilling deeper or by drilling a new well, where permitted, and connecting the home as recommended by a licensed well-driller; or
(b) 
Improve the proposed well(s) in such a way that the effect on existing wells is eliminated; or
(c) 
Other action or improvements to mitigate effect on existing wells.
E. 
Water quality testing samples of water shall be collected and submitted to a DEP-certified laboratory for chemical and bacteriological analysis. The samples shall be analyzed in accordance with DEP's New Source Sampling and Testing Matrix (DER-BCEC-44:7/85; PGN-PWS-P-3 or as revised) which includes, inorganic, organic, secondary, turbidity, microbiological, volatile organic compounds (regulated and unregulated), and radiological parameters. The water samples shall meet DEP standards for safe drinking water. If the water does not meet DEP standards, the water supply must be treated to make the water meet DEP standards.
F. 
Approval to operate
(1) 
A report shall be submitted which analyzes and interprets all data regarding impacts on the groundwater supply and existing wells. The credentials of the individual(s) preparing the report shall also be included. Conclusions shall be drawn from the analysis with respect to:
(a) 
Availability of sufficient water for the land development proposed.
(b) 
Probable effects of long-term pumping on well levels within 1/2 mile of the proposed well.
(2) 
The report shall include the following information and records, in type written form. When a permit is required by the DRBC, applicable DRBC reports shall be substituted for information regarding water quantity testing.
(a) 
Name of driller and personnel conducting test.
(b) 
Description of test well to include horizontal and vertical dimensions, casing installed and grouting details.
(c) 
List of formation samples.
(d) 
Static water level immediately prior to yield testing.
(e) 
Hydrograph of depth to water surface during continuous pumping test and recovery period showing corresponding pump and discharge rate in gallons per minute and time readings were taken.
(f) 
Log of depth to water surface at the supply and monitoring wells during test pumping period showing time readings were taken.
(g) 
The results of all water quality testing, including a description of proposed treatment, if necessary.
(h) 
Copies of approvals and permits from DEP, DRBC, and/or other regulatory agencies, including any and all applications, reports, or supplemental information.
(i) 
Detailed construction plans and specifications (based upon the results and analysis of the water supply testing) for the proposed community water supply system. The specifications and front cover or flyleaf of each set of plans shall bear the signature and imprint of the applicant's engineer. In addition, each plan submitted shall bear an imprint or a legible facsimile of such seal.
(3) 
Upon receipt of the report, including testing results and system design, the Township Engineer, or his designee, shall within 60 days evaluate the system design to determine compliance with the standards for a community water supply system.
(a) 
Upon completion of said evaluation and inspection, if necessary, the Township Engineer, or his designee, shall:
[1] 
Issue an approval to operate, including system construction, upon the original permit; or
[2] 
Deny such approval, including the rationale for such denial, which shall be noted on the original permit.
(b) 
The issuance of an approval to operate by the appropriate Township official does not in any way constitute a guarantee to the applicant that the project well will produce any quantity of water or that the subject well is pure and fit for consumption either at the time of the issuance of the permit or at any time in the future.
(4) 
The DEP provides for the regulation of community water supply system wells as defined in these rules and regulations to promote and protect public health. These rules and regulations reinforce the state's requirements on well construction and set forth specific additional requirements for public water supply wells constructed in the Township. The state's requirements on public water supply wells are set forth in the DEP, Public Water Supply Manual. This manual was prepared as a guide to professional engineers responsible for design and construction of public water supplies. This manual plus these regulations are to be followed explicitly for all public water supply wells constructed in the Township.
(5) 
Upper Pottsgrove Township is located within the Southeastern Pennsylvania Groundwater Protected Area of the Delaware River Basin Commission (DRBC). All projects withdrawing 10,000 gallons per day or greater of groundwater or surface water or a combination of these two sources are required to obtain a protected area permit from the DRBC.
A. 
Ownership. The following methods may be used for the ownership and maintenance of a community water supply system. Community water supply systems shall not be transferred to another entity except for transfer to another method of ownership permitted under this section. Ownership methods shall conform to the following:
(1) 
Dedication to the Township. The Board of Commissioners may, but shall not be required to, accept any portion of the community water supply system, provided that:
(a) 
There is no cost of acquisition to the Township; and
(b) 
The Township agrees to and has access to maintain any associated facilities.
(2) 
Condominium association. Community water supply systems may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All elements of the community water supply system shall be held as a common element.
[1]
Editor's Note: See 68 Pa.C.S.A. 31-1 et seq.
(3) 
Homeowner's association. Community water supply systems may be held in common ownership by a homeowner's association, subject to all of the provisions for homeowner's associations set forth in state regulations. In addition, the following regulations shall be met:
(a) 
The applicant shall provide the Township with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities, including the community water supply system.
(b) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the association shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
(d) 
The association shall be responsible for operation and maintenance of the community water supply system.
(e) 
Written notice of any proposed transfer of the community water supply system by the association must be given to all members of the association and to the Township no less than 30 days prior to such event.
(f) 
The association shall have adequate staff to administer, maintain, and operate the community water supply system, or contract for such work.
(4) 
Transfer to a water supply company regulated by the Pennsylvania Public Utilities Commission (PUC). With permission of the Township Board of Commissioners, an owner may transfer the ownership of facilities associated with a community water supply system to a privately or publicly held water supply company regulated by the Pennsylvania PUC:
(a) 
The water supply company is acceptable to the Board of Commissioners and is a bona fide utility regulated by the Pennsylvania PUC.
(5) 
Other ownership method. Another type of ownership method, if acceptable to the Board of Commissioners.
B. 
Operation and maintenance plan. An operation and maintenance plan is required for each community water supply system in conformance with the regulations of Title 25, Pa. Code, Chapter 109 and the guidelines contained in DEPs Public Water Supply Manual.
The owner of any well shall, upon abandonment of any existing well or test hole, not including those related to septic system permitting, effectively seal and fill such wells and test holes in accordance with rules adopted by resolution of the Board of Commissioners. All wells to be sealed must be completely filled with 2500-pound concrete and the placement of the concrete must be observed by the Township, through its duly authorized inspecting officer.
A. 
Water shortages. When the Township, DEP and/or DRBC declares a water shortage, the following water uses are declared nonessential and are prohibited within Upper Pottsgrove Township:
(1) 
The watering of lawns.
(2) 
The watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, except between the hours of 5:00 p.m. and 9:00 a.m. by means of a bucket or pail at the minimum rate necessary.
(3) 
The washing of automobiles and trucks except when required for safety and operational purposes.
(4) 
The washing of streets, driveways, and sidewalks.
(5) 
The serving of water in restaurants, clubs, or eating places unless specifically requested by the individual.
(6) 
Ornamental water use, including but not limited to, fountains, artificial waterfalls, and reflecting pools.
(7) 
The use of water for flushing sewers or hydrants by any public or private individual or entity, except as deemed necessary and approved in the interest of public health or safety by health officials or the Board of Commissioners.
(8) 
The use of fire hydrants by fire companies for testing fire apparatus and for fire drills, except as deemed necessary in the interest of public safety and specifically approved by the Board of Commissioners.
(9) 
The use of fire hydrants by municipal road departments, contractors, and all others, except as necessary for fire-fighting or protection purposes.
(10) 
The use of water to fill and top off swimming pools.
B. 
Water-conservation fixtures. Water-saving fixtures and devices shall be required in all new construction regardless of public or private water supply, pursuant to the specifications set forth in Chapter 140, Construction Codes, Uniform.
Any person or persons, firm or corporation violating any provisions of this article, on conviction thereof, shall pay a fine or penalty not exceeding $1,000 for each and every offense, and whenever such a person or persons shall have been notified by the Board or by the service of a warrant and summary proceedings that such violations are being committed, each day thereafter that such a person 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.
No responsibility or liability for the construction of any well shall be deemed to be placed upon the Township, or its officers, agents, or employees by of the terms of this article or otherwise.