[HISTORY: Adopted by the Board of Supervisors of the Township
of Washington 2-4-2013 by Ord. No. 242. Amendments noted where
applicable.]
A.Â
The purpose of this chapter is to protect the quality of the groundwater
resources in Washington Township. In furtherance of this overall purpose,
this chapter is specifically intended to serve the following subpurposes:
(1)Â
Protect and preserve the water resources and water supply that serves
all Washington Township residents;
(2)Â
Conserve and manage geothermal resources and thermal groundwaters
in a comprehensive and coordinated manner so as to assure their continued
availability and productivity;
(3)Â
Establish standards of construction for geothermal heating systems,
including residential, institutional, commercial and industrial activities;
(4)Â
Maximize the public welfare and economic benefit to be derived from
geothermal resources and thermal groundwaters;
(5)Â
Minimize the potential for damage or degradation to geothermal resources
and thermal groundwaters;
(6)Â
Protection of the surface and subsurface environment during development
and utilization of geothermal resources and thermal groundwaters;
and
(7)Â
Allow for the installation and maintenance of geothermal heating
systems that are safe and efficient, and utilize modern technology.
B.Â
This chapter is enacted pursuant to the authority contained in the
Constitution of the Commonwealth of Pennsylvania and the Second Class
Township Code, 53 P.S. § 1506, as amended, which provision
authorizes the Township to enact regulations necessary for the proper
management, care and control of the Township and its finances and
the maintenance of peace, good government, health and welfare of the
Township and its citizens, trade, commerce and manufacturers, and
the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101,
et seq., as amended, which provisions authorize the Township to enact
regulations regulating development and land uses to ensure the public
health and safety, provide a safe, reliable and adequate community
water supply, and preserve natural values and aquifers.
C.Â
It shall be the responsibility of any person owning real property
and/or owning or operating a business within Washington Township to
make a determination of the applicability of the Wellhead Protection
Overlay District as it pertains to the property and/or business under
his/her ownership or operation, and his/her failure to do so shall
not excuse any violations of said sections.
As used in this chapter, the following terms shall have the
meanings indicated:
A water supply well, the regular use of which has been discontinued
for a period of one year or more, or which is in such a state of disrepair
that continued use for the purpose of obtaining groundwater is impracticable,
or which has been replaced by a new well or public water supply.
The deepening, recasing, perforating, reperforating, the
installation of packers or seals, and other material changes in the
design of a geothermal heating system.
The space between two cylindrical objects, one of which surrounds
the other, such as the space between a drill hole and a casing pipe.
American National Standards Institute.
American Petroleum Institute.
Neat cement, cement plus bentonite, bentonite, bentonite
plus silica sand, or low-permeability sealing material as approved
for use by the Code Official. Approved grout is to be mixed and applied
according to manufacturer's specifications (e.g., water content
and viscosity) for use in grouting wells and/or geothermal boreholes.
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield significant
quantities of water to wells and springs.
American Society for Testing and Materials.
The Washington Township Municipal Authority or its agent(s).
The flowing back of used, contaminated or polluted water
from a plumbing fixture or vessel or other sources into a potable
water supply pipe due to negative pressure in such pipe.
A highly plastic, colloidal clay composed largely of the
mineral montmorillonite.
A penetration of soil and/or rock that is augered, drilled,
cored, bored, washed, driven, dug, jetted, or otherwise constructed
which is generally cylindrical in shape and whose diameter is generally
smaller than its depth of penetration.
Solids added to a drilling fluid to bridge across the pore
throat or fractures of an exposed rock thereby building a filter cake
to prevent loss of whole mud or excessive filtrate.
An impervious durable pipe placed in a well to prevent the
walls from caving and to seal off surface drainage or undesirable
water, gas or other fluids and prevent their entering the well.
Chip bentonite grout is composed of dry three-eighths-inch
(9.5 millimeters) or one-half-inch (12.7 millimeters) sized chips
of bentonite.
A geothermal heat pump system which relies on the contained
circulation of geothermal fluids through an underground loop of pipes.
The loops act as a subsurface heat exchanger, which transports the
heat to or from the ground. The loop of pipe is installed either vertically
in borings or horizontally in trenches.
A closed-loop system where the loops of the pipe are laid
horizontally in the ground, in trenches.
A closed-loop system where the loops of the pipe are installed
vertically into the ground, in well borings.
The boring, digging, drilling, or excavating of a geothermal
heating system, including the installation of casing or geothermal
heating system screens.
All of the aerobic and facultative anaerobic, gram negative,
non-spore-forming, rod-shaped bacteria which are capable of fermenting
lactose with gas formation within 48 hours at 35° C.
Water obtained from a well, spring, or other source that
supplies potable water for a private well, public water system, or
semipublic water supply.
All acts necessary to obtain groundwater, or artificially
recharge groundwater; provided, however, that such term does not include
an excavation made for the purpose of obtaining or prospecting for
oil, natural gas, minerals, or products of mining or quarrying, or
for inserting media to repressure oil or natural gas formations or
for storing petroleum, natural gas, or other products and services.
Construction of wells includes the location and excavation or drilling
of the well, but excludes the installation of pumps and pumping equipment.
Any individual, partnership, company, association, corporation,
group or entity employed, hired, contracted or otherwise engaged by
the owner to perform defined services for compensation.
An arrangement allowing either direct or indirect connection
through which backflow, including back siphonage, can occur between
the drinking water in a public water system and a system containing
a potential source of contamination.
Minimum time required for particular types of cementing or
grouting materials to harden or set up before drilling or other construction
operations can be resumed.
The act of rendering a well or borehole to a condition where
there is no pathway present for surface or subsurface contaminants
to travel down to the water table.
A vertical closed-loop borehole whose original purpose and
use have been permanently discontinued or which is in such a state
of disrepair that its original purpose cannot be reasonably achieved.
Pennsylvania Department of Environmental Protection.
Pennsylvania Department of Conservation and Natural Resources.
A type of geothermal heating and, or cooling system where
the heat pump refrigerant is circulated through metal piping installed
in vertical, inclined, or horizontal boreholes. This type of geothermal
system must use a cement-based, special grout in the boreholes and
must have electronic corrosion protection for the metal piping.
A fluid composed of water and bentonite used in the drilling
operation to remove cuttings from the hole, to clean and cool the
bit, to reduce friction between the drill stem and the sides of the
hole, and to plaster the sides of the hole. Such fluids range from
relatively clear water to carefully prepared mixtures of special purpose
compounds.
Flowable fill is a mixture of Portland cement (ASTM C150),
potable water, sand, and a fluidizing agent. This mixture is predominately
sand. An example mixture of flowable fill contains approximately 85%
sand, 9% water, 4% portland cement, 2% finely ground slag, and a fluidizing
agent. Flowable fill and other bridging agents do not meet the permeability
requirements to protect groundwater quality and prevent flow between
aquifer zones.
A well that yields water by artesian pressure at the ground
surface.
To make a plastic pipe joint by heat and pressure in accordance
with the pipe manufacturer's specifications.
Any fluid transporting or capable of transporting geothermal
heat.
Heat derived from geothermal resources, or heat derived from
groundwater.
A geothermal heat pump system which relies on the contained
circulation of geothermal fluids to obtain and to utilize geothermal
resources.
The natural heat of the earth, and the energy, in whatever
form, below the surface of the earth present in, resulting from, or
created by, or which may be extracted from, the natural heat, and
all minerals in solution or other products obtained from naturally
heated fluids, brines, associated gases, in whatever form, found below
the surface of the earth, exclusive of oil, hydrocarbon gas, other
hydrocarbon gas, other hydrocarbon substances of helium, but including
specifically:
All products of geothermal processes, embracing indigenous steam,
hot water and hot brines;
Steam and other gases, hot water, and hot brines resulting from
water, gas, or other fluids artificially introduced into geothermal
formations;
Heat or other associated energy found in geothermal formations;
and
Any byproduct derived from them.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted or otherwise constructed when the intended use of such
excavation is for the circulation of a geothermal fluid vertically,
or the location, acquisition or artificial recharge of groundwater.
(Includes open- and closed-loop vertical systems).
Any water, except capillary moisture, beneath the land surface
or beneath the bed of any stream, lake, reservoir, or other body of
surface water, whatever may be the geological formation or structure
in which such water stands, flows, percolates, or otherwise moves.
A high-solids fluid mixture of cement or bentonite and potable
water of a consistency that can be pumped through a tremie pipe and
placed as required. Various additives, such as sand or bentonite,
may be included in the mixture to meet certain requirements.
A technique of the installation of grouting materials whereby
emplacement is achieved by positive pumping pressure through a tremie
pipe from the bottom of the zone upward.
A mechanical device used for heating and/or cooling which
operates by pumping heat from a cooler to a warmer location.
This term refers to the condition where, in the long term,
the rate of local groundwater pumping from an aquifer does not exceed
the rate of local groundwater recharge to the aquifer.
The International Ground Source Heat Pump Association.
A system including wells, pumps, and piping equipment, which
supplies water to a private home.
The procedure employed in the placement and preparation for
operation of pumps and pumping equipment, including all construction
involved in making entrance to the well and establishing seals but
not including repairs to existing installations.
The Township of Washington, Franklin County, Pennsylvania.
A fluid mixture of hydraulic cement and water, with or without
admixtures in the following proportions; one bag of cement [94 pounds
(42.6 kilograms)] to not less than five gallons (18.9 liters) nor
more than seven gallons (26.5 liters) of water.
A geothermal heat pump system which relies on the circulation
of groundwater from a supply well, spring or surface water. The source
for heat, groundwater is moved from the ground to a heat pump. The
water is then transferred to a discharge area, typically a surface
water body, storm or sanitary sewer system or recharge well.
Under some limited circumstances, borehole completion without
grout (below the minimum twenty-foot depth of the approved grout surface
formation seal), may be necessary. Acceptable fill materials are site
specific and may include, but may not be limited to, bentonite chips;
cuttings removed from the borehole; clean sand, gravel, or a mixture
of sand and gravel; and/or cement and water or concrete mixes.
Other methods of grout or fill placement shall be accepted
if such methods allow verification of completion. Such methods must
ensure that the grout or fill placement provides environmental protection
and the intended system performance.
The person who is the holder of the record title to real
property or the person entitled to use of the thermal groundwater
at the property.
A mechanical device that is placed in a borehole to prevent
the vertical movement of water or grout.
A measure of the relative ease with which a porous medium
can transmit a liquid under a potential gradient. It is a property
of the medium alone and is independent of the nature of the liquid
and of the force field causing movement. It is a property of the medium
that is dependent upon the shape and size of the pores.
A natural person, firm, partnership, association, social
or fraternal organization, corporation, nonprofit corporation, trust,
estate, receiver, syndicate, branch of government, or similar entities,
any group or combination acting as a unit, or the successors or assigns
of any of the aforesaid.
A device or assembly of parts which will permit water to
pass through the wall of the well casing or extension thereof, and
which provides access to the well and to the parts of the water system
within the well in a manner to prevent entrance of pollution into
the well and the water produced.
The contamination or other alteration of the physical, chemical,
or biological properties of any surface waters or groundwaters which
will or can reasonably be expected to render such waters harmful,
detrimental, or injurious to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial use.
A substance consisting of molecules characterized by the
repetition of one or more types of monomeric units.
A system installed or altered after the adoption of the chapter.
Water suitable for human consumption.
A mixture of portland cement (ASTM C150 Standard Specification
for Portland Cement) and not more than six gallons (22.7 liters) of
potable water per bag one cubic foot (28.3 liters) or 94 pounds (42.6
kilograms) of cement shall be used according to the manufacturer's
specifications.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
The term is either a community or noncommunity system and includes
collection, treatment, storage and distribution facilities under the
control of the operator of the system and used in connection with
the system. The term also includes a system which provides water for
bottling or bulk hauling for human consumption.
Pumpable bentonite grout is a high-solids mixture of sodium
bentonite powder or granules and potable water mixed according to
the manufacturer's specifications.
An aquifer or combination of aquifers or zones containing
a common geothermal or groundwater resource.
A well designed and constructed for the return of water to
the ground.
A mixture of portland cement - Type I (ASTM C150), sand and
water in the proportion of not more than two parts by weight of sand
to one part of cement with not more than six gallons (22.7 liters)
of potable water per bag of cement one cubic foot (28.3 liters) or
94 pounds (42.6 kilograms) shall be used according to the manufacturer's
specifications.
A water supply which services one or several facilities such
as industrial or commercial establishments, parks, camps, hotels,
motels, schools, institutions, eating and drinking establishments
or a water supply which services two or more dwelling units and is
not a public water system as defined by the Pennsylvania Safe Drinking
Water Act (35 P.S. § 721.1 et seq.).
A type of open-loop geothermal heating and/or cooling system
that circulates groundwater from a water well through a water-source
heat pump and returns the discharge water from the water-source heat
pump to the same water well it was pumped from. The water withdrawal
and return locations within the water well bore are separated as far
as is possible. Some standing-column geothermal systems discharge
some of the circulating groundwater to enhance their heat transfer.
Groundwater which is less than 250° F. at bottom-hole
temperature, and possessing sufficient heat to be used for a direct
thermal application or in conjunction with a groundwater heat pump.
Thermally-enhanced bentonite-based grout is a high-solids
mixture of sodium bentonite, inert additives such as sand or rock
dust that enhance thermal conductivity, and potable water mixed according
to the manufacturer's specifications. The sand must be clean
so as to not introduce contaminants into the grout mixture. The use
of special additives to alter permeability, increase thermal conductivity,
increase fluidity, control grout loss, and/or control time of set,
and the composition of the resultant slurry, must be used in accordance
with the manufacturer's specifications.
Washington Township, Franklin County, Pennsylvania, governmental
jurisdiction or governing body represented by the Board of Township
Supervisors or its agent(s).
A rigid or flexible pipe or a hose that carries the grouting
materials to the bottom of the zone being grouted. The tremie pipe
is withdrawn as the grout material fills the annular space outside
the casing or fills the space between the loop pipes and the borehole
wall. The end of the tremie pipe is kept submerged just below the
surface of the grout material.
The tremie pipe shall be lowered to the bottom of the zone
being filled, and raised slowly as the fill material is introduced.
When using the tremie pipe method to install fills, the bottom of
the tremie should be maintained as close as possible to, but not inside
of, the emplaced fill.
After water or other drilling fluid has been circulated in
the annular space sufficient to clear obstructions, grout shall be
placed by pressure pumping through a tremie pipe. The tremie pipe
shall be lowered to the bottom of the zone being grouted and raised
slowly as the material is introduced.
Pennsylvania Uniform Construction Code.
A borehole which is constructed to receive heat exchanger
loop pipes and grout material. Fill material may be used below a minimum
depth of 20 feet below grade as the subsurface conditions warrant.
A heat pump that uses a water-to-refrigerant heat exchanger
to extract heat from the heat source.
Any well that is constructed to remove or return water to
the ground.
That surface in an unconfined groundwater body at which the
pressure is atmospheric. It is defined by the levels at which water
stands in wells that penetrate the water body just far enough to hold
standing water.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed when the intended use of such
excavation is for the location, acquisition, monitoring, or artificial
recharge of groundwater. This includes but is not limited to test
wells, test borings, and monitoring wells, in addition to wells to
be utilized as individual or semi-public water supplies.
The Township regulations as set forth in the Code of the
Township of Washington establishing a Wellhead Protection Overlay
District, as may be amended or in effect from time to time, providing
for the regulation of land uses within such overlay district for the
purpose of protecting groundwater supplies, providing for reporting
requirements for certain regulated land uses within the Wellhead Protection
Overlay District, and establishing the means for enforcement of the
chapter, which may be amended from time to time.
The area identified and defined by the Wellhead Protection
Regulation.
An individual or company that is permitted or licensed by
the State of Pennsylvania to drill wells in Pennsylvania.
A filtering device that allows groundwater from unconsolidated
and semiconsolidated aquifers to enter the well while at the same
time keeping the majority of sand and gravel out of the well and out
of the pump. A screen also supports the aquifer material and prevents
the borehole from collapsing.
An approved device or method used to protect a well casing
or water system from the entrance of any external pollutant at the
point of entrance into the casing of a pipe, electric conduit or water
level measuring device.
A metal marking device supplied by the Township for installation
on the well cap for every new or reconstructed water well or geothermal
well.
The zone below the water table in which all interstices are
filled with groundwater.
All geothermal heating systems existing within the Township
on the effective date of this chapter shall be known as pre-chapter
geothermal heating systems. All pre-chapter geothermal heating systems
may continue in use, as is, by the present or any subsequent owner,
except:
A.Â
If the owner of any pre-chapter geothermal heating system makes an
alteration to any part of the system, then the entire system shall
be brought into compliance with this chapter at the time of the alteration;
B.Â
If any pre-chapter geothermal heating system is determined to be
the cause of temperature degradation of thermal groundwater, thermal
pollution of surface environments and water, harmful intermixing of
geothermal fluids and other groundwater, or contamination of a community
water source or groundwater, then it shall be brought into compliance
with this chapter;
D.Â
If any pre-chapter geothermal heating system is not used for its
designed purpose for a period of 12 months or more, it shall be brought
into compliance with this chapter.
In furtherance of the purposes of this chapter, it shall be
the policy of the Township that all geothermal heating systems be
used in such a manner as to:
A.Â
Conserve and protect the geothermal fluids and groundwater within
and adjacent to the Township in order to enhance reservoir productivity
and benefit, prevent wasteful extraction and disposal of geothermal
fluids and thermal groundwater, prevent geothermal fluid and thermal
groundwater temperature degradation, prevent thermal pollution of
surface environments and water, and prevent harmful intermixing of
geothermal fluids and other groundwater;
B.Â
Allow appropriate utilization of geothermal fluids and thermal groundwater
for residential, commercial, industrial, and other lawful purposes;
and
C.Â
Protect the public health, safety, and welfare from improperly constructed,
operated, maintained, or abandoned geothermal heating systems.
Owners of pre-chapter geothermal heating systems within the
Township shall register their geothermal heating systems with the
Township. Said registration shall be on forms supplied by the Township
and may include, but are not limited to, the name and address of the
owner, specific location of the geothermal heating system, date of
construction, depth and diameter of the geothermal heating system,
specifications of casing, bottom hole temperature, static fluid or
water level, type of geothermal utilization system, accessibility
for monitoring devices, and disposal method, if any.
A.Â
Geothermal heating systems shall be regulated on properties located
within the Wellhead Protection Overlay District as follows:
(1)Â
All geothermal heating systems shall be prohibited within Zone 1
of the Wellhead Protection District.
(2)Â
Open-loop systems shall be prohibited within Zone 2 of the Wellhead
Protection District. Open-loop systems shall be permitted within Zone
3 of the Wellhead Protection District, provided they are reviewed
and approved by the Authority prior to construction. Open-loop systems
within Zone 3 of the Wellhead Protection Overlay District may discharge
all returned water to the ground surface provided they do so to an
infiltration bed, pond, lake, stream, or other suitable drainage area.
Discharge wells are permitted within Zone 3 of the Wellhead Protection
Overlay District, but must be constructed using IGSHPA standards and
all neighboring water supply well owners within 500 yards shall be
notified that an open-loop discharge well is being installed near
their water supply well.
(3)Â
Vertical closed-loop systems shall be permitted within Zone 3 of
the Wellhead Protection District, provided they are reviewed and approved
by the Authority prior to construction.
(4)Â
Vertical closed-loop systems may be permitted within Zone 2 of the
Wellhead Protection District, provided they are reviewed and approved
by the Authority prior to construction. In some cases, the Authority
may require additional review by appropriate professional engineers
or geologists.
(5)Â
Horizontal closed-loop systems shall be permitted within Zones 2
and 3 only of the Wellhead Protection Overlay District.
B.Â
All properties located outside of any zone covered by the Wellhead
Protection Overlay District shall be permitted to construct a geothermal
heating system subject to the provisions of this chapter.
C.Â
All geothermal heating systems that are constructed or undergo alteration
within the Township subsequent to the effective date of this chapter
shall be known as post-chapter geothermal heating systems and shall
be subject to the requirements of this chapter.
D.Â
Only food-grade or USP-grade propylene glycol may be used as a geothermal
fluid. No other materials or additives may be used except for potable
water. A permanent sign must be attached to the heat pump specifying
that only approved heat transfer fluids must be used.
Any persons desiring to construct, install, or alter a geothermal
heating system within the Township shall first apply for a geothermal
heating system permit at the Township Office on forms provided for
that purpose. No person shall commence construction or alteration
of a geothermal heating system prior to the owner of the property
on which the proposed geothermal heating system will be located receiving
a permit.
A.Â
All applications for a geothermal heating system permit shall be
accompanied by an application fee, which shall be nonrefundable, and
such fee will be according to a fee schedule established by resolution.
B.Â
The Township and Authority shall also be entitled to recover from
any owner all costs or fees (the "costs") arising out of or related
to the review of the application and the inspection of the installation
of a geothermal heating system. The costs shall include, but not be
limited to, engineer fees, geologist fees, attorney fees, zoning officer
fees, and staff/employee time. The costs may be collected as a municipal
claim under applicable law against the property.
C.Â
All applicants for a geothermal heating system permit shall also
obtain a building permit as per the UCC and pay all fees established
for obtaining this permit.
The Township, or any persons designated by the Township, shall
review each application for conformity with the applicable Township
regulations and the UCC.
Permit decisions shall contain written findings for approval
or denial which may include, but are not limited to, the following
criteria:
A.Â
The estimated hydrological impact of the proposed geothermal heating
system's operations upon the groundwater and surrounding geothermal
heating systems;
B.Â
The adequacy of provisions for environmental protection, public safety,
and furtherance of the purposes above;
C.Â
The compliance of the proposed geothermal heating system and its
use with this chapter, the Wellhead Protection Overlay District Regulations
and all other applicable laws, ordinances, and regulations; and
D.Â
The basis for the design of the proposed geothermal heating system
and its necessity for the system to operate properly and efficiently.
The procedure for opening a geothermal well permit to drill
a well and then closing this permit within the Township shall be as
follows:
A.Â
Before any drilling or site preparation begins, the well driller
shall apply for a well permit from the Township. At this time, the
Township shall provide a copy of the requirements of this chapter.
B.Â
During the well drilling and construction process, the Township or
Authority may enter the premises to determine if the well is being
installed according to the requirements of this chapter.
C.Â
Within four weeks of the completion of the well, the well owner or
driller shall submit a copy of the Pennsylvania Department of Conservation
and Natural Resources (PADCNR) Water Well Completion Report to the
Township. In addition to this report, the well owner or driller shall
submit the following at this time:
D.Â
Upon receipt of the data required above, the Township and Authority
shall check this information for compliance with the requirements
of this section. Within two weeks after receiving this information,
the Township shall issue the geothermal well permit, provided that
all requirements of this chapter have been met.
E.Â
No geothermal well shall be put into service without receiving a
geothermal well permit and meeting the requirements of this chapter.
All geothermal heating systems and wells installed for the purposes
of heating and cooling a facility must adhere to the International
Ground Source Heat Pump Association's (IGSHPA) Design & Installation
Standards and the installer(s) and well driller(s) must be certified
by the IGSHPA. The following requirements are based on the American
Water Works Association (AWWA) Standard A100-06. AWWA Standard A100-06
or its successors provide the basis for these requirements and shall
be followed in the Township.
A.Â
Construction by licensed driller.
B.Â
Casing: not required unless determined otherwise by the Township.
C.Â
Grout requirements: A statement that the well has been grouted in
accordance with this section shall be submitted to the Township along
with the Water Well Completion Report.
(1)Â
Bentonite grout may be utilized if the manufacturer's specifications
for use in water well construction are followed.
(2)Â
Such grout shall be applied from the bottom of the well continuously
to the top of the well with a tremie pipe, until the surface of the
ground or such location where the piping for the system is placed
in a trench and directed into the dwelling on the property.
A.Â
Geothermal wells shall not be sited in floodplains.
B.Â
Geothermal wells must maintain the required minimum isolation distances
from the potential pollution sources listed in the table below unless
doing so is not feasible and the owner can provide a basis acceptable
to the Township and Authority for a lesser distance, which distance
shall still further the purposes of this chapter.
|
Potential Pollution Source
|
Minimum Setback Distance
(feet)
| |
|---|---|---|
|
Lakes, ponds, streams or other surface waters
|
25
| |
|
Storm drains, retention basins, stabilization ponds or stormwater
management facilities
|
25
| |
|
Preparation areas or storage areas of hazardous spray materials,
fertilizers or chemicals, salt piles
|
100
| |
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste
|
50
| |
|
Septic tanks, aerobic tanks or holding tanks
|
50
| |
|
Subsurface sewage disposal systems, elevated sand mounds, other
sewage disposal fields
|
100
| |
|
Sewage seepage pits, cesspools
|
100
| |
|
Farm silos, barnyards, privies and fuel tanks
|
100
| |
|
Rainwater pits, ditches
|
25
| |
|
Spray irrigation sites, sewage sludge and septage disposal sites
|
100
| |
|
Property lines, driveways, and private roads
|
10
| |
|
Dedicated public rights-of-way
|
20
| |
|
Building foundations (except for buildings enclosing water wells
and/or water well pumps)
|
30
| |
|
Any other source of pollution
|
As approved
|
Since the technology surrounding geothermal heating systems
continues to evolve and change, the Township and Authority reserves
the right to impose additional requirements on an owner seeking to
install or maintain a system, if the Township or Authority determines
that such requirements are necessary to further the purposes of this
chapter. Additionally, the Township may impose further requirements
to supplement this chapter, or amend existing requirements, by resolution
duly adopted at a meeting of the Supervisors.
The following inspections shall be required by the Township
and Authority:
A.Â
Site inspection before any work is done, showing the location of
proposed work.
B.Â
Inspection of the installed loop (pressure test).
C.Â
Inspection of grouting.
D.Â
Inspection of the completely installed system before operations commence
and upon commencement of operations.
E.Â
Periodic inspections no less than once every three years.
F.Â
Inspection if geothermal system or well is abandoned.
G.Â
Any other inspections required by applicable law, including the Uniform
Construction Code.
A.Â
All abandoned wells must be filled and sealed by a PADCNR licensed
water well driller according to the PADEP/DCNR Water Well Abandonment
Guidelines. A copy of the PADEP/DCNR Water Well Abandonment Form shall
be submitted to the Township within 30 days of abandonment.
B.Â
Abandonment procedures shall be subject to Township inspection.
In connection with the principal functions and activities of
the Township resource management responsibility, Township or Authority
officials may, upon reasonable notice to the owner, enter upon any
property within the Township for purposes of inspecting geothermal
facilities, or monitoring the operational characteristics of such
facilities, when such inspection or monitoring is reasonably necessary
to the assessment of other indices related to geothermal or groundwater
reservoir management, or protection of the public safety and welfare.
The Township or Authority shall provide affected property owners or
occupants with reasonable prior notice, describing the nature, purpose,
and duration of the necessary inspection or monitoring; such inspections
or monitoring shall be conducted in accordance with applicable Township
and state procedures for inspections. If any person refuses to permit
any officer or employee to enter and inspect, the officer or employee
shall not attempt to force entrance, but shall with the assistance
of the Township's attorney, seek a search warrant or other appropriate
court order.
Whenever the Township or Authority determines that any geothermal
heating system within the Township is by the nature of its construction,
installation, or operation adversely interfering with other geothermal
heating systems, or is polluting groundwater or surface water, the
Authority shall promptly notify the affected owner of the wasteful
or defective geothermal heating system and require said owner cease
operation thereof immediately. Such notice may be verbal and/or written.
If the system is causing any adverse effects, then repairs shall be
commenced immediately and completed as promptly as possible. If the
system is not causing any adverse effects, the owner shall be allowed
no more than 15 days to repair the system. In either instance, if
the owner fails to act promptly, the Township may take such action
as may be necessary, in its discretion, and the owner shall be liable
for all costs related thereto. A geothermal heating system continuing
wasteful or defective operation after the expiration of the time provided
by notice shall be prosecuted as a violation of this chapter.
A.Â
Upon the receipt of a written complaint setting forth the existence
of unauthorized construction, modification, or use in violation of
this chapter, or other notice thereof, the Township shall cause written
notice to be given either by personal service or registered or certified
mail to the owner of the property upon which the violation exists,
to immediately cease the construction, modification or the unauthorized
use of the system. Such a written notice shall be required to enforce
the remedies set forth in this section. However, the Township shall
still be entitled to give a verbal notice for defective systems as
authorized above.
B.Â
The owner shall not be entitled to written notice for any subsequent
or similar violations of this chapter that occur within 180 days of
the service of the first notice. The first notice shall be deemed
ongoing for any violations within that time period, and the Township
may proceed immediately with enforcement.
C.Â
Upon failure of such owner to comply as directed in said notice,
the proper Township officials or the Township Solicitor may appear
on behalf of the Township and initiate legal proceedings to enforce
the provisions of this chapter before a District Magistrate.
D.Â
These regulations shall be enforced as summary criminal offenses
in accordance with § 1601(c)(2) of the Second Class Township
Code regarding regulations for health, public safety or water pollution.
The penalty to be imposed shall be a maximum fine of $1,000 or imprisonment
for a maximum period of 90 days, or both. Each day that a violation
exists and is continued shall constitute a separate offense.
E.Â
The Township and Authority shall also be entitled to recover from
any owner all costs or fees (the "costs") arising out of or related
to the enforcement of this chapter. Such costs may also include those
to remedy violations of this chapter, protect the water supply, and
abate nuisances. The costs shall include, but not be limited to, engineer
fees, geologist fees, attorney fees, zoning officer fees, and staff/employee
time. The costs may be collected as a Municipal Claim under applicable
law against the property. The Township and Authority may also enforce
this chapter through an action in equity brought in the Franklin County
Court of Common Pleas.
A.Â
Conflicts. Whenever there is a difference between any of the minimum
standards or provisions specified in this chapter and any provision
or standard in any other Ordinance, law, or regulation of the Township,
or applicable state or federal statute and regulation, the more stringent
shall apply.
B.Â
Severability. The provisions of this chapter are severable, and should
any article, section, subsection, paragraph, clause, phrase or provision
of this chapter be declared by a court of competent jurisdiction to
be invalid, such judgment shall not affect the validity of this chapter
as a whole or any part or provision thereof other than the part so
declared to be invalid.
C.Â
The provisions of this chapter apply only to geothermal wells or
the installation of geothermal heating systems. The installation of
wells for domestic purposes, to include individual and semipublic
water supply systems, is regulated by separate regulations in the
Code of the Township of Washington.
D.Â
All prior ordinances or regulations that are inconsistent herewith
are hereby repealed to the extent of such inconsistency.
E.Â
This chapter shall become effective five days after its enactment.
