Borough of Palmerton, PA Wells

These regulations are intended to promote the public health and general welfare by ensuring that wells are constructed and/or drilled in a manner which will protect the quality of the groundwater derived from wells and that all wells are constructed and/or drilled according to sound scientific and engineering practices.

§ 122-2 Definitions.

The following words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

APPLICANT

Any person, entity, firm, association, corporation or agency, governmental or otherwise, applying for a permit to drill a well.

WELL

Excavation or opening into the ground made by digging, boring, drilling, driving or other methods for purposes of reaching a supply of water.

§ 122-3 Permit required.

[Amended 10-26-2006 by Ord. No. 645]

No person, entity, association, corporation or agency shall construct, drill or cause to be constructed or drilled any well or wells within the Borough without first obtaining a permit therefor.

No groundwater wells for drinking or other purposes may be installed in the nonuse aquifer zone, excepting a closed system such as a geothermal heating unit.

(1)

The following lots are designed as the "nonuse aquifer zone":

42A-47-C54	42A-47-C35	42A-47-C7
42A-47-C55	42A-47-C34	42A-47-C6
42A-47-C56	42A-47-C33	42A-47-C5
42A-47-C57	42A-47-C32	42A-47-C4
42A-47-C58	42A-47-C31	42A-47-C3
42A-47-C59	42A-47-C30	42A-47-C2
42A-47-C60	42A-47-C29	42A-47-C1
42A-47-C37	42A-47-C9	42A-47-C22
42A-47-C36	42A-47-C8

(2)

If this section is amended or repealed, the Borough shall notify the Pennsylvania Department of Environmental Protection, in writing, within 30 days of the effective date of the amendment or repeal.

§ 122-4 Permit application.

All applications for a well and/or well drilling permit shall be made to the office of the Borough Manager on an application form supplied by the Borough. A separate application shall be required for each proposed well and/or well drilling. Each application must be accompanied by detailed plans and specifications showing the following information:

(1)

Eight copies of scaled plans (one inch equals 30 feet) showing the location of the proposed well and the following information:

(a)

North point, graphic scale and date the layout was completed.

(b)

Name, address and telephone number of applicant.

(c)

Name, address and telephone number of the record owner.

(d)

Name of the registered engineer, surveyor, geologist or architect responsible for the plan.

(e)

Tract boundaries, showing bearings and distances.

(f)

Names and owners of all adjoining property and the names of all abutting subdivisions.

(g)

Contours at vertical intervals of five feet or, in the case of relatively level tracts, at such lesser interval as may be necessary for satisfactory study and planning of the tract.

(h)

Datum to which contour elevations refer. Where reasonably practicable, data shall refer to known, established elevations.

(i)

All existing watercourses and other significant natural features within 250 feet.

(j)

All existing buildings, sewers, water mains, culverts, transmission lines, fire hydrants and other significant man-made features within 250 feet.

(k)

A small location map at a scale of one inch equals 2,000 feet, accurately traced from the municipal base map or the United States Geological Survey Map of the area. It shall show the location of the proposed well in relation to major roads and other points of reference.

(l)

Significant topographical and physical features.

(m)

Tax map sheet and block numbers.

(n)

An attached affidavit stating that the applicant has the written permission of the owner of the land to drill a well.

(2)

Purpose of the proposed well.

(3)

Size and depth of the proposed well.

(4)

Detailed construction design and specifications of the proposed well.

(5)

A detailed description of possible sources of contamination within 500 feet of the proposed well, including the type, nature, quantity and concentration of contaminants.

(6)

The name and address of the owner of the property on which the proposed well is to be located, together with a copy of the deed for the premises on which the proposed well is to be drilled and the tax parcel identification number.

(7)

The well driller's name, address, qualifications and a copy of any license required by the Commonwealth of Pennsylvania.

(8)

Proof of insurance.

(9)

Any other information required by the Borough and/or Borough Engineer.

In the event that an application does not contain all of the above information, the Borough shall have the right to reject and/or deny said application.

§ 122-5 Permit fees.

The applicant, upon submission of an application for permit, shall pay to the Borough a fee of $150 per application, plus a deposit for review, impact, engineering and administrative expenses. The Borough shall have the right to require the applicant to post one or more deposits to be used for review, impact, engineering and administrative expenses, in amounts determined by the Borough. In the event that the applicant fails to post the required deposit(s), the Borough shall have the right to reject and/or deny the application for permit.

§ 122-6 Experts to perform tests and studies.

The Borough Council, in its sole discretion, shall have the right to engage one or more experts, including but not limited to the Borough Engineer, to perform tests and studies on the proposed well and/or well drilling, and the effect and/or impact of any proposed well and/or well drilling on the health, safety and welfare of the Borough water supply.

The costs and expenses of said expert(s) shall be paid by the applicant requesting the well and/or well drilling prior to any work being performed. In addition to all other required fees and deposits, the Borough shall have the right to require the applicant requesting the proposed well and/or well drilling to post one or more additional deposits with the Borough, in amounts determined by the Borough, to be used to pay the costs and expenses of said experts. In the event that the applicant fails to post the required deposit(s), the Borough shall have the right to reject and/or deny the application for permit.

In the event that the Borough Council determines, in its sole discretion, that said proposed well and/or well drilling may jeopardize the health, safety and welfare of the Borough water supply, Borough Council shall have the right to deny any applicant a well and/or well drilling permit and the right to drill a well or wells.

In the event that the Borough issues a permit for a well and/or the drilling of a well, the Borough shall have the right to place reasonable requirements, conditions, restrictions and/or limitations on the construction of the proposed well, use of the proposed well and closure of the proposed well. The Borough shall have the right to require an irrevocable letter of credit or other security acceptable to the Borough to ensure compliance with said requirements, conditions, restrictions and/or limitations.

§ 122-7 Compliance with other provisions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

All construction, plumbing, piping and work to be performed relating to wells and/or drilling of wells shall comply with all other regulations and ordinances of the Borough of Palmerton, including but not limited to the Uniform Construction Code, as amended. The Borough Manager and/or his designee shall have the right to oversee compliance with regulations and codes.

§ 122-8 Variances.

The Borough, in its sole discretion, may grant a variance for reasons of hardship.

§ 122-9 Violations and penalties; injunctive relief.

Any person, entity, firm, association, corporation or agency violating the terms of this chapter shall be subject to the penalties of Chapter 1, General Provisions, Article II, § 1-17A and B, of the Code of the Borough of Palmerton, Pennsylvania.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In the event that any person, entity, firm, association, corporation or agency violates or threatens to violate the provisions and/or terms of this chapter, the Borough shall, in addition to all other remedies, have the right to seek equitable and/or injunctive relief.