[HISTORY: Adopted by the Board of Commissioners of the Township of Hatfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1968 by Ord. No. 197 (Ch. 1, Part 3D, of the 1994 Code)]
The following words or phrases, when used in this article, shall have the meaning ascribed to them in this article except where the context clearly indicates a different meaning:
- The Hatfield Township Water Resources Control Board, as described herein.
- Except in the case of the free-flowing wells, “capacity” is construed to mean the daily capacity of the pumps installed, and not the contemplated draft.
- All acts necessary to construction of wells such as drilling, boring, coring, washing, digging, driving or jetting. This shall not apply to drilling of blast holes in quarries or to cored holes 3 1/2 inches or less in diameter drilled for exploration or investigation (except where any damage might result to any available well or any underground or other water resource).
- A corporation, partnership, municipal authority or association, as well as a natural person.
- UNDERGROUND WATERS
- Waters of underground streams, channels, artesian basins and other bodies of water in and 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 charging of water into underground strata.
- WELL DRILLER
- Any water well contractor, his employee or representative in responsible charge of drilling or otherwise construction of a well.
The supervision and regulation of the drilling of wells and the use of underground waters is to be vested in a Board to be known and designated as the “Hatfield Township Water Resources Control Board” heretofore created.
The said Water Resources Control Board shall consist of three members and shall be appointed by the Commissioners of the Township of Hatfield, and the members of the Board shall serve for a term of three years, or until their successors are appointed, except that members of such Board first appointed shall be appointed for such term so that the term of one member shall expire annually thereafter.
The Water Resources Control Board shall have the following powers:
Obtain information on wells drilled for the purpose of compiling data on groundwater resources.
To determine or require the determination of the effect on groundwater resources of proposed withdrawals in the interest of all residents of Hatfield Township to assure an equitable distribution thereof.
To adopt such rules and regulations, subject to the approval of the Hatfield Township Commissioners, as may be necessary from time to time to carry out the purposes of this article.
To act on applications for permits to drill wells and to divert underground water.
To inspect new and existing installations and to take or require the taking of samples as may be deemed necessary for proper supervision of construction and repair of wells in the Township. Such samples shall not materially increase drilling costs.
It shall be unlawful for any person to locate, drill or have drilled any well, to install or have installed any related pumping equipment, 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 Water Resources Control Board; provided, however, that said provisions shall not apply to alterations to existing wells or equipment in emergency situations, but subsequent approval of the Board shall be sought in all such cases.
No new well and its related powered pumping system shall be placed in operation and no new dwelling, building or addition thereto which must rely on such system for water supply shall be sold or occupied until the Board shall have issued a certificate indicating that such well and pumping system have been located and constructed in accordance with the terms of the permit issued.
Where the capacity of any new wells, or the total capacity of old and new wells, on or for use on the property is in excess of 20,000 gallons per day, or where close spacing of wells in an area so dictates, in taking action on applications, the Board of Commissioners of Hatfield Township have the authority to impose such conditions, and make such requirements and limitations, as may be necessary to protect the people of the Township and the applicant, and may issue limited permits for such wells.
No well shall be drilled, nor any existing well used for the purpose of disposal of domestic or industrial wastes.
All well drillers shall upon completion of the drilling of any well file a report in the form to be supplied by the Water Resources Control 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 the rules prescribed by the Water Resources Control Board. A well not in operation for three or more years, or improperly maintained to prevent contamination, may be deemed to have been abandoned.
[Amended 9-28-1994 by Ord. No. 420]
The following fees and charges shall be established from time to time by resolution of the Board of Commissioners.
[Amended 9-28-1994 by Ord. No. 420]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 12-29-1997 by Ord. No. 438 (Ch. 26, Part 1, of the 1994 Code)]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- IMPACTED AREA
- That area of Hatfield Township affected by a plume of contamination which has adversely impacted the drinking wells of residents and businesses in the area and which area is more particularly defined and delineated in an agreement between the Commonwealth of Pennsylvania, Department of Environmental Protection, and Hatfield Township, Pennsylvania, made as of August 1, 1997, and any amendments thereto.
- IMPROVED PROPERTY
- Any property within the impacted area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- Any pipe or conduit constituting a part of the water system or usable for water distribution of any service line.
- Any person vested with ownership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity.
- A. Part of the water system extending from a main to the curbline or, if there shall be no curbline, extending to the property line.
- B. If no such service connection shall be provided, “service connection” shall mean that portion of or place in a main which is provided for connection of any service line.
- SERVICE LINE
- The water line extension from any structure to the service connection of a main.
- WATER SYSTEM
- All facilities for the transmission and distribution of water in the impacted area.
The owner of any improved property abutting upon the water system shall be afforded the opportunity to make connection of such improved property to the water system and shall use such water system in such manner as the Township may require. The Township shall make such connection subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township. All improved properties currently within the impacted area may connect to the water system as soon as authorized by the Township.
The Township shall give at least 10 days' notice of Township's intention to make connection to the water system to each owner by a written or printed document outlining the process of connection in accordance with the provisions of this article and specifying that such connection will be made within 10 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law. All improved properties currently within the impacted area may make connection as soon as it is authorized by the Township.
The owner of the improved property abutting the water system who shall elect not to connect to the public water system shall be required to execute a waiver/release for the benefit of the Township, Authority and Department of Environmental Protection, which will release said parties from any liability of any nature whatsoever as a result of not tying in to the initial water system. The owner of any improved property abutting the water system who refuses to execute the waiver/release shall be required to tie into the water system.
The owner of any improved property abutting the water system who elects to connect to the water system shall be afforded the opportunity to abandon the polluted well at no expense to the owner of that improved property. Any such owner electing not to abandon the well on the improved property abutting the water system shall be required to execute a waiver/release for the benefit of the Township, Authority and Department of Environmental Protection, which shall release said parties from any liability of any nature whatsoever as a result of the owner not abandoning the well in question. Any owner refusing to execute the waiver/release shall be required to abandon the well.
No person shall uncover, connect with, make any opening into, use, alter or disturb in any manner, any main or any part of the water system without first obtaining a permit in writing from the Township and making application for service to the Authority and/or its successors or assignees.
No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:
Notify the Township and the Authority of the desire and intention to connect such improved property to a main.
Apply for and obtain a permit as required.
Give the Township and the Authority at least 24 hours' notice before such connection will be made in order that the Township and the Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and that the work meet the requirements outlined in the Authority's regulations and specifications attached to this article as Exhibits A through D, which are incorporated at this point as if set out in full.
Editor's Note: Exhibits A through D are on file in the Township offices.
Except as otherwise provided in this subsection, each improved property will be connected separately and independently with a main through a service line. Grouping of one improved property on one service line shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Township and the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Township and the Authority.
All connections to the water system shall be subject to Authority Regulation No. 3.04 entitled "Water Service Connection - Fees," and Authority Regulation No. 505, "Extension of Street Mains - Cross Connections." Cross connection control and backflow connection, required by the Safe Drinking Water Act of 1974 and its 1986 amendments, will be met by adherence to North Penn Water Authority service line and meter specifications attached to this article as Exhibits A through D.
The Township and Authority have the right to inspect and approve all connections to the water system. All standards of the Authority in effect at the time of the connection must be met by the person connecting to the system.
The installation of the water system, service connections, service lines and interior plumbing and performing services necessary to abandon polluted wells shall be provided to owners in the impacted area free of fees and costs. A service line shall be connected to a main at the place designated by the Township and the Authority where, if applicable, the service connection is provided. A smooth nest joint shall be made and the connection of a service line to the service connection shall be made secure and watertight.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to pay a fine of not more than $1,000 and/or to imprisonment of a term not to exceed 60 days. Each day that a violation of this article continues shall constitute a separate offense.