[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe 7-14-1988 by Ord. No. 88-3. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Borough of Jim Thorpe Well Ordinance."
The intention of this chapter is to insure and
protect the quality and suitability of domestic, commercial or industrial
water supply, and to secure and maintain the minimum required isolation
distances between water supplies and sewage disposal systems or other
sources of contamination.
A.
This chapter shall apply to all wells which have not
been completed, or which are not in operation or in operable condition
at the effective date of this chapter.
B.
This chapter shall further apply to the reconstruction,
major repair and other changes to existing wells, when, in the opinion
of the Inspecting Officer, such reconstruction, major repair and other
changes may affect the quality and suitability of the water supply
on the property upon which the well is constructed or on surrounding
properties.
All wells shall be constructed at a minimum
distance or 100 feet from any existing subsurface sewage disposal
drain field, or from any location where such a drain field may reasonable
be located on adjacent premises.
A.
No construction, drilling, digging, reconstruction,
major repair or other change of or for any well for the production
of water for domestic, commercial or industrial purposes shall commence
unless the property owner, or his duly authorized agent, shall apply
for and receive a permit for such work from the Borough of Jim Thorpe.
B.
Application for such a well permit shall be made upon
form supplied by the Borough, and shall be submitted to the Borough
Secretary or duly authorized Inspecting Officer of the Borough.
C.
Said application shall set forth the name or names
of owners of the property, the address or location of the property,
a scale or sketch of the premises showing the location or proposed
location of the well, the location or proposed location of all buildings
and septic tanks and drain fields, the boundary lines of the premises
upon which the well is proposed to be located, the boundary line of
all adjacent premises, and such other information as may be required
thereon.
Upon receipt of an application for a well permit,
the Borough, through its duly authorized Inspecting Officer, shall
within 30 days perform an inspection of the premises on which the
well is to be constructed. The inspection shall be conducted in accordance
with the provisions of this chapter and the provisions of the Borough
Sewage Ordinance.[1] Upon completion of the inspection, the Inspecting Officer
shall either issue a permit to the applicant indicating the approved
location for the well and special instructions for construction, if
any; or refuse to issue said permit, and, in such event, shall provide
the applicant with written reasons for such refusal.
All permits shall be issued on a form provided
by the Borough, which shall be executed by the duly authorized Inspecting
Officer. Permits shall be prepared in triplicate, and distribution
of copies shall be made as follows:
Upon the completion of construction; or at such
other time as the Inspecting Officer may deem appropriate, the Borough,
through its duly authorized Inspecting Officer, shall perform a final
inspection of the well to determine whether there has been compliance
with the permit issued. Upon completion of the said inspection, the
Inspecting Officer shall issue an approval of operation upon the original
permit; or deny such approval due to noncompliance with the permit
issued, in which latter event, written reasons for such denial shall
be noted.
All applications for a well permit shall be
accompanied by a fee payable to the Borough of Jim Thorpe in accordance
with a schedule of fees established from time to time by resolution
of the Borough Council of the Borough of Jim Thorpe.
All permits shall be in effect as of the date
of issuance, and shall remain in effect for a period of two years.
In the event that construction under the permit has not been completed
at the expiration of two years from the date of issuance, the permit
shall expire and the validity of the permit shall cease and terminate.
A.
Any person who violates any of the provisions of this
chapter shall be subject to prosecution by the Borough, and upon conviction
before a district magistrate, shall be subject to a fine of not more
than $600, or the maximum amount allowable by law, whichever is greater.[1]
B.
Upon discovery of any violation of this chapter, the
Borough may, at its option, forego any prosecution hereunder, and
may grant to the owner a period of 30 days to comply with the provisions
of this chapter. Upon failure of the owner to effect such compliance,
the Borough may initiate prosecution as hereinabove set forth.
C.
For the purpose of this chapter, each day of a continuing
violation shall be considered a new and additional violation of this
chapter.
No responsibility or liability for the construction
of any well shall be deemed to be placed upon the Borough of Jim Thorpe,
or its officers, agents, or employees by virtue of the terms of this
chapter or otherwise.