[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:
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years, or which has been replaced by an alternative water supply source.
Any water supply used for farm crops or animals with no possibility
of human consumption.
A saturated permeable geological formation that stores and
transmits significant quantities of water under ordinary hydraulic
gradients.
Upper Pottsgrove Township Board of Commissioners
Except in the case of free-flowing wells, construed to mean
the daily capacity of the pumps installed and not the maximum anticipated
withdrawal.
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.
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.
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.
Pennsylvania Department of Conservation and Natural Resources,
or its successors or assignees.
Pennsylvania Department of Environmental Protection, or its
successors or assignees.
Delaware River Basin Commission, or its successors or assignees.
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.
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.
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.
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.
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.
A well used to observe water levels and/or obtain samples
of groundwater.
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.
Any commercial, industrial, professional, or similar activity
whether conducted for profit or not for profit.
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.
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.
A well constructed for the purpose of obtaining information
on groundwater or hydrogeologic conditions, including yield and quality.
Waters of underground streams, channels, artesian basins,
or other bodies of water in or under the ground, whether percolating
or otherwise.
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.
Any person licensed by the Commonwealth of Pennsylvania who
is, or who is responsible for, drilling, altering, or repairing a
water well.
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.
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:
(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.
(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:
(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:
(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:
(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.
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.
No well shall be drilled nor any existing wells
used for the purpose of disposal of domestic or industrial wastes.
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.
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.
