Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents

§ 26-101 Background and Legislative Intent.

[Ord. 14-01, 11/10/2014, § 1]
1. 
General.
A. 
The area known as the Hoff VC HSCA ("site") is located in New Hanover Township ("the Township"), Montgomery County, and consists of approximately 30 properties located along portions of Layfield Road and Hoffmansville Road. The results of previous site sampling and investigation indicate that groundwater at the site has been contaminated with volatile organic compounds, semi-volatile organic compounds and 1,4-Dioxane ("contaminants"). A map of the general site area is attached hereto as Attachment 1 together with the list of impacted properties described in Attachment 3 (hereinafter "impacted area").
B. 
The contaminants in the groundwater pose a risk to human health. This part describes the implementation of the Department of Environmental Protection's (DEP) interim response with regard to the contaminated residential wells at the site. The interim response includes the waterline extension and lateral connections to the impacted properties listed on Attachment 3, and the abandonment of contaminated wells as described in the Statement of Decision for the Hoff VC HSCA Site under the Pennsylvania Hazardous Sites Cleanup Act (HSCA) § 505(b), October 18, 1988, P.L. 756, No. 108, 35 P.S. § 6020.505(b).
2. 
Objectives.
A. 
It is the DEP's objective to have extended/or installed an eight-inch water main from the existing water supply system located near the site (the "water lines"). The water lines will service properties located along Layfield Road, Hoffmansville Road and Big Road as more fully described on Attachment 2A and Attachment 2B. Properties along these roads that have been determined to be affected by contamination or have the potential to be affected by contamination, as set forth on Attachment 3 and Attachment 2A and Attachment 2B, will be connected through lateral lines to the water lines. Since the elevation difference from the existing water main to the highest residential property to be connected is 160 feet, a pump station will need to be constructed and permitted in addition to the mains and laterals. The project will be funded by a cost-reimbursement grant that will require the Township to submit to the DEP invoices the Township received from contractor(s) for work performed in connection with the water lines installation, lateral line connections, pump station connection, and property restoration, in accordance with the DEP's Statement of Decision that was signed on March 1, 2013.
B. 
All installation, connections, construction, and restoration will be done according to DEP water supply requirements, and/or Montgomery County Health Department and/or the Township requirements. All disturbed areas including private and public rights-of-way will be restored to their original condition. At the conclusion of the grant, New Hanover Township will enter into an agreement with the local water supply utility (the "water utility") to operate and maintain the water lines and pump station in accordance with the DEP's Safe Drinking Water Program regulations, as well as any applicable Public Utility Commission regulations.
C. 
This part is enacted to require the mandatory connection of all properties in the impacted area to the public water system.

§ 26-102 Connection Requirement.

[Ord. 14-01, 11/10/2014, § 1]
1. 
All properties located within the impacted area, whose addresses are listed in Attachment 3, shall connect to the public water system within 60 days following written notice to connect from the Township.
2. 
In addition to the properties required to connect under Subsection 1, all properties located in the impacted area which are hereafter improved with a residential building or hereafter improved with a nonresidential building, which is occupied or capable of being occupied, shall connect to the public water system within 60 days following written notice to connect from the Township. Residential buildings or nonresidential buildings constructed, renovated or improved on properties required to connect shall connect to the public water system prior to any habitation, occupancy, or use, and no certificate of occupancy shall be issued for any such improved property unless and until such connection has been made.
3. 
Once a connection to the public water system has occurred, no property owner shall disconnect a property from the public water system.
4. 
All connections to the public water system shall be subject to the specifications of the water utility.
5. 
Connection by the Township. In the event that a property owner shall neglect or refuse to connect a property to the public water system in violation of this part for a period of 90 days after notice from the Township to connect, then, in that event, the Township or its agents may enter upon said property owner's property and construct the connection to the public water system, and in that event, the costs of such connection shall be upon the property owner and a lien in that amount may be recorded against the property benefitted by the improvement.

§ 26-103 Costs.

[Ord. 14-01, 11/10/2014, § 1]
1. 
Pursuant to the terms of a grant from DEP to the Township, the cost of physically connecting the properties whose addresses are listed in Attachment 3 to the public water system shall be paid from the grant funds provided by DEP. The foregoing notwithstanding, where the owner of a property listed in Attachment 3 refuses to allow connection of a property listed in Attachment 3 to the public water system for a period of 90 days from the date of the Township notice to connect, then the property owner's right to receive payment from the DEP of the cost of connection shall terminate, provided the Township first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Board of Supervisors of the Township. In addition, if the Township is required to enter the property under § 26-202, Subsection 5, and connect the property to the public water system, the cost of such connection shall be the responsibility of the property owner and shall be imposed as a lien on the property as provided in § 26-102, Subsection 5.
2. 
Except as otherwise provided in Subsection 1, the cost of physically connecting a property in the impacted area to the public water system shall be paid by the property owner. In the event the Township is required to enter a property under § 26-202, Subsection 5, and connect a property to the public water system under § 26-102, Subsection 5, above, a lien in the amount of the cost of connection may be recorded against the property that is benefitted by the connection.

§ 26-104 Use of Wells and Abandonment of Wells.

[Ord. 14-01, 11/10/2014, § 1]
1. 
Within 60 days after notice from the Township to connect to the public water system, and in conjunction with such connection, a property's connection to a private well shall be disconnected. The disconnection shall include, without limitation, the disconnection of any internal water and plumbing system and any external water and plumbing system from the private well.
2. 
In addition to the well disconnection, the well shall be closed and the method of closure shall comply with any applicable regulations or requirements of the Montgomery County Health Department and DEP.
3. 
Pursuant to the terms of a grant from DEP to the Township, the cost of closure of the private wells for the properties listed in Attachment 3 shall be paid by DEP. The foregoing notwithstanding, where the owner of a property listed in Attachment 3 refuses to allow closure of the well on the property for a period of 90 days from the date of the Township notice to connect to the public water system, then the right of the property owner to receive payment of the cost of the closure of the well shall terminate, provided the Township first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Board of Supervisors of the Township. In addition, if the property owner refuses to allow the disconnection and closure of the private well within 90 days from the date of the Township notice to connect to the public water system, the Township or DEP, or their agents, may enter upon such owners property and perform the disconnection and closure as provided in Subsection 5 and the cost thereof shall be the responsibility of the property owner and a lien in the amount of the cost may be recorded against the property as provided in Subsection 5.
4. 
Except as provided in Subsection 3 above, the cost of disconnecting and closing the private well shall be paid by the property owner.
5. 
In the event that a property owner refuses to allow the disconnection and closure of the private well, the Township or DEP, or their agents, may enter upon such owner's property and perform the disconnection and closure of the private well. In that event, the property owner shall be responsible for the cost thereof and a lien in the amount of the cost thereof may be recorded against the property by the Township or DEP.
6. 
Notwithstanding anything to the contrary in this section, existing wells within the impacted area may continue to be used for industrial or commercial, non-potable purposes, provided: (A) such use is registered with the Township; (B) the property is connected to the public water system for all potable uses; (C) the owner of the property conducts annual testing of the well's water quality and reports the results to DEP. No new wells shall be installed at any properties within the impacted area, except for the purpose of groundwater investigation or remediation or except for the replacement of an existing well used for industrial or commercial non-potable use with the new replacement well being used only for industrial or commercial non-potable use on the terms set forth above.

§ 26-105 Protection of the Public Water System.

[Ord. 14-01, 11/10/2014, § 1]
No person shall maliciously, willfully, or negligently damage, destroy, deface, block, or otherwise tamper with any water line or other structure or equipment which is part of the public water system. Any person violating this section shall be in violation of this part.

§ 26-106 Adoption of Rules and Regulations.

[Ord. 14-01, 11/10/2014, § 1]
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 public water system, which rules and regulations shall be construed as part of this part.

§ 26-107 Notice.

[Ord. 14-01, 11/10/2014, § 1]
Any notice required by this part 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.

§ 26-108 Enforcement; Violations and Penalties.

[Ord. 14-01, 11/10/2014, § 1]
In addition to any other remedy available under law or equity any person convicted of a violation of this part 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 part shall be brought by action filed with a magisterial district judge 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 part shall be paid over to the Township's Treasury. Nothing in this section shall prohibit the Township from enforcing the provisions of this part by any other remedy available at law or in equity, and the remedies provided herein shall be cumulative and concurrent.