[HISTORY: Adopted by the Board of Supervisors of the Township of
Upper Providence as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-17-1978 by Ord. No. 201]
A.
Short title. This article shall be known and may be cited
as the "Upper Providence Township Well Ordinance of 1978."
B.
Purpose. The purpose of this article is to promote and
protect the general health and welfare of the residents of the township by
conserving the supply of underground waters and preventing the pollution thereof.
The following words or phrases, when used in the article or regulations
adopted thereunder, shall have the meanings ascribed to them, except where
the content clearly indicates a different meaning:
The Upper Providence Township Board of Supervisors.
Except in the case of free-flowing wells, the "capacity" is construed
to mean the daily capacity of the pumps installed and not the contemplated
draft.
[Amended 9-17-1990 by Ord. No. 301]
All action necessary to construction of wells such as drilling, boring,
coring, washing, digging, driving or letting. This shall not apply to the
drilling of blast holes in quarries or to core holes 31/2 inches or less in
diameter drilled for exploration or investigation.
A corporation, partnership, municipal authority or association, as
well as a natural person.
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
or otherwise constructed for the location, diversion or acquisition of underground
waters or the charging of water into underground strata.
Any water well contractor, his employees or representative in responsible
charge of drilling or otherwise constructing a well.
No well may be drilled within Upper Providence Township except in strict
accordance with the provisions of this article and the well-drilling regulations
adopted by the Board hereunder. Such regulations shall be prepared and approved
by resolution of the Board and when so approved shall have the same force
and effect as provisions of this article.[1]
[1]
Editor's Note: The current regulations are on file in the office
of the Township Secretary.
A.
It shall be unlawful for any person to locate, drill
or have drilled any well, to install or have installed any related pumping
equipment or to alter an existing well or its pumping equipment until a permit
for such location, drilling, installation or alteration shall have been issued
by the duly appointed township officer.
[Amended 9-17-1990 by Ord. No. 301]
B.
Any well driller desiring to drill to an excess of 200
feet in depth or to tap an underground flow of excess of eight gallons per
minute shall specifically notify the Board of Supervisors, and the Board shall
have the authority to impose such conditions and make such requirements and
limitations as may, in its opinion, be necessary to protect the citizens of
the township and may issue limited and revocable permits for such wells.
C.
Anyone desiring to drill for purposes of service to multiple-unit
residential developments, apartment buildings or commercial or industrial
users shall give the exact spot of drilling to the township inspector. The
inspector will then establish the proximity of other deep wells in the vicinity.
If there is no deep well within 11/2 miles or if wells closer than that distance
are being used at less than 75% of capacity, the permit will be granted; otherwise
it will be denied.
No well shall be drilled nor any existing wells used for the purpose
of disposal of domestic or industrial waste.
All wells will be cased to a minimum of 50 feet in depth from the surface.
All well drillers shall, upon completion of the drilling of any well,
file a report in the form to be supplied by the Board.
The owner of any well shall, upon abandonment of any existing well or
test hole, effectively seal and fill such wells and test holes in accordance
with rules prescribed by the Board. A well not in operation for three or more
years or improperly maintained to prevent contamination may be deemed to have
been abandoned.
A fee schedule shall be established in the rules and regulations adopted
under the terms of this article.[1]
[1]
Editor's Note: The current fee schedule is on file in the office
of the Township Secretary.
[Amended 9-17-1990 by Ord. No. 301]
Any person or persons, firm or corporation violating any provisions
of this article or the rules and regulations adopted hereunder by the Board
shall be liable, on conviction thereof, to pay a fine or penalty not exceeding
$1,000 for each and every offense, and whenever such person or persons shall
have been notified by the Board or by the service of a warrant and summary
proceedings that he is committing such violations, each day thereafter that
he 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.
