[Adopted 4-18-2006 by Ord. No. 394]
A. 
The Montgomery County Health Department (MCHD) initially found six residential wells contaminated with TCE at levels above the Safe Drinking Water Act's medium specific concentration (MSC) in an area of Upper Pottsgrove Township located along Farmington Avenue from the intersection of Wilson Street to the intersection of North State Street, parts of Hanover Drive, Irwin Place, Willow Street, North Hanover Street, Steinmetz Road, Commerce Drive, and Heather Place, collectively known as the "Wolf Run Area" (Area).
B. 
In December of 2003, the Department of Environmental Protection (DEP) began providing bottled water to the impacted residents of the Wolf Run Area and verified MCHD's findings.
C. 
Following additional sampling, the DEP determined that 111 private wells had some detectible level of trichloroethylene (TCE) contamination.
D. 
The DEP has determined that the Area has been affected by a groundwater plume of an unknown source with high concentrations of TCE in over 100 residential drinking water wells.
E. 
The Township, the DEP and the MCHD, in the interest of health, safety and welfare of those residents located in the Wolf Run Area, have reached a consensus that the only viable, cost-effective solution to the TCE contamination problem is to provide public water to the residents located throughout the Area.
F. 
The DEP, through its statement of decision dated May 6, 2005, has detailed a proposed response to the public health and safety concern.
G. 
The Township is currently in negotiations with the Superior Water Company and the Pottstown Borough Authority in order to reach an agreement for the construction of appropriate water main extensions and other appurtenances thereto ("improvements") in order to service all residents located within the Wolf Run Area.
H. 
Through funds provided by the DEP, Upper Pottsgrove Township and other contributors, public water service will be provided to the homes in the Wolf Run Area.
I. 
The individual properties in the Area will not be responsible for any costs associated with the construction of the improvements, the connections to the improvements, or the existing waterline, if such property owners opt to connect within 60 days of enactment of this article or within 60 days following written notice by the Township of the availability of a public water supply, whichever is later.
J. 
The individual property owners who choose not to connect to the improvements or to the existing waterline within the requisite time frame shall hereafter be responsible for paying all costs associated with the connection to the existing waterline or improvements, unless the Township deems that an adequate public water supply is not available to the property, necessitating the need for a pump and pressure tank system.
[Amended 4-7-2008 by Ord. No. 424]
K. 
The Board of Commissioners of Upper Pottsgrove Township, after due consideration of the proposed article at a duly advertised public meeting, has determined that the health, safety and general welfare of the residents of Upper Pottsgrove Township, and particularly the residents located within the Wolf Run Area, will be served by requiring the connection of residents located within the Area to the existing or soon to be constructed waterline.
A. 
All properties listed in Exhibit A,[1] which is attached hereto and incorporated herein, upon which existing habitable dwellings have already been constructed, shall have the right to immediately connect to the proposed waterline at no cost to the property owner. In the event any property owner fails to connect in a timely fashion as described by § 342-30I, such connection shall be required upon the earlier happening of one of the following events:
(1) 
Sale or voluntary or involuntary transfer of the property;
(2) 
The failure or malfunction of the property's on-site water supply; or
(3) 
The application of a well permit to the Montgomery County Health Department from the property owner.
[1]
Editor's Note: Exhibit A is on file in the Township's offices.
B. 
New buildings or structures to be connected to the pubic water supply shall be connected prior to habitation, occupancy or use, and no certificate of occupancy shall be issued for such improved property unless and until it has been connected to the public water supply.
C. 
Existing homeowners on Hanover Drive, whose water has not tested positive for contamination, shall be exempt from having to connect to the improvements or the existing waterline, if it has been shown that there is inadequate water pressure, thus causing the need for a pump and pressure tank system. Such exemption shall continue until the property tests positive for contamination, or it can be shown that water pressure has been increased and is satisfactory for use without the need for a pump and pressure tank system.
[Added 4-7-2008 by Ord. No. 424]
D. 
Once a connection to the public water supply has occurred, as described in this article, no property owner shall disconnect from the Improvements or the existing waterline. In addition to other penalties permitted under this article, any property owner who disconnects from the waterline shall be responsible for reimbursing the Township all costs associated with the connection to the public water supply, including but not limited to the cost of excavation, connection at the water main, installation of all piping, and all tapping fees. The property owner shall also be responsible for all costs associated with the reconnection of the property to the public water supply system.
[Added 4-7-2008 by Ord. No. 424]
[Amended 4-7-2008 by Ord. No. 424]
The individual property owner in the area shall not be required to pay any costs associated with the construction of the improvements, the connection to the improvements, or the existing waterline provided he/she connects to the public water within 60 days of either the passage of this article, or within 60 days following written notice, by the Township, of the availability of a public water supply. Those property owners who do not hook up to the available public water supply within the time frame specified above, or property owners who connect to the public water supply and then later disconnect, shall thereafter be solely responsible for reimbursing the Township all applicable costs normally contemplated with the connection to the public water supply, including but not limited to the costs of excavation, connection at the water main, installation of the necessary pipes, connection to the water system of the residence, installation of a water meter, and all necessary tapping fees.
[Amended 4-7-2008 by Ord. No. 424]
Property owners connected to the public water supply may continue the use of their existing wells for outside nondrinking purposes only, subject to any applicable provisions of the public water suppliers. The Township shall retain all authority to enforce the terms of this article and require connection to the improvements or existing waterline, unless otherwise excluded under this article.
Regulations from the MCHD shall control the disconnection and abandonment of private wells. In the event a well is disconnected and abandoned, the internal water and plumbing system of any improved property serviced by a private water system or on-lot water system shall be immediately disconnected. Upon connection of such building to the public water system, there shall be no cross connection of any private water system or any on-lot water system with the water system. If the owner chooses not to comply with any of the requirements for the abandonment of a private well, then the Township or its authorized agent shall have the right, upon notice to the owner and occupant of the improved property, to enter the premises to inspect the plumbing and all points of connection to the water system or possible points of connection to the private water system to assure that no cross-connection exists. In the event that the owner or occupant of an improved property for whose property this section applies and who has not disconnected and abandoned their private well refuses to allow such inspections, then that owner shall immediately be required to disconnect and abandon his or her private well in the manner set forth in this section.
Property owners will be required to grant temporary construction easements and permanent utility easements as a condition of connecting to the water supply.
Property owners choosing not to connect within 60 days after Township's notice to connect will be required to execute a recordable agreement at the sole expense of the property owner indemnifying and holding the Township, the DEP, and the public water supplier harmless in the event that their well causes public or private health or safety concerns, and also providing future property owners notice of the existing contamination.
All connections shall be subject to the public water supplier's specifications, including, but not limited to, cross-connection control and backflow prevention and the Safe Water Drinking Act of 1974. It is declared that an enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.
In the event that a property owner shall neglect or refuse to allow the connection with the said public water system in violation of any provision of this article for a period of 90 days after notice, the Township or its agents may enter upon said property owner's property and construct said connection and impose the costs of such connection upon the property owner. A lien in the amount may be recorded against the property that is benefitted by the improvements.
No person shall maliciously, willfully or negligently damage, destroy, deface, block or otherwise tamper with any water main or other structure or equipment which is part of the water supply system. Any person violating this section shall be in violation of this article.
The Township reserves the right to adopt from time to time additional rules and regulations as it deems necessary and proper relating to connections to and use of the water system, which rules and regulations shall be construed as part of this article.
Any notice required by this article shall be given to the property owner either by personal service or by certified mail, return receipt requested, concurrently with first class mail. The mailing date of the notice shall be considered the date of service and service, shall be presumed to duly given if the notice is not returned "undeliverable" by the post office.
In addition to any other remedy available under law or equity any person convicted of a violation of this article shall be subject to a criminal fine in an amount not to exceed $1,000 per day per violation or suffer imprisonment for a period of not more than 30 days, or both, together with costs of prosecution. Each twenty-four-hour period during which failure to comply continues shall constitute a separate offense. Enforcement of this article shall be brought by action through a District Justice in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney. All fines and penalties collected for violation of this article shall be paid over to the Township Treasury. Nothing in this section shall prohibit the Township from enforcing the provisions of this article by any other remedy available at law or in equity, and the remedies provided herein shall be cumulative and concurrent.