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Township of Solebury, PA
Bucks County
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Table of Contents
Table of Contents
[Ord. 102, 2/28/1989, § 1]
No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed after the date of this part, and in which plumbing, water piping or water fixtures are to be installed, and for which construction a permit is required to be obtained from the Township unless the new plumbing, water piping and other water using fixtures therein conform to the requirements and standards of § 26-102 of this part. The provisions of this part shall apply to any such building or structure for which such a building permit is issued on or after the effective date of this part.
[Ord. 102, 2/28/1989, § 2; as amended by Ord. 134, 12/3/1991, §§ 1–3]
1. 
For purposes of this part, the following standards shall apply:
A. 
Water Closets and Associated Flushing Mechanisms. For water closets and associated flushing mechanisms, maximum volume shall not exceed an average of 1.6 gallons per flushing cycle when tested with the hydraulic performance requirements in accordance with the hydraulic performance requirements of ANSI A112.19.2M and ANSI A112.19.6M.
B. 
Urinals and Associated Flushing Mechanisms. For urinals and associated flushing mechanisms, maximum flow shall note exceed 1.5 gallons of water per flush when tested in requirements of ANSI A112.19.2M and ANSI A112.19.6M.
C. 
Shower heads. Shower head discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 psig. The fixture shall perform in accordance with the test requirements cited in ANSI A112.18.1M, Finished Rough Brass Plumbing Fixture Fittings Standard.
D. 
Sink Faucets.
(1) 
Kitchen sink faucet discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 psig. The fixture shall perform in accordance with the test requirements cited in ANSI A112.18.1M, Finished Rough Brass Plumbing Fixture Fittings Standard.
(2) 
Residential lavatory sink faucet discharge rates shall not exceed 2.75 gallons of water per minute over a range of test pressures from 20 to 80 psig. The fixture shall perform in accordance with the test requirements cited in ANSI A112.18.1M, Finished Rough Brass Plumbing Fixture Fittings Standard.
(3) 
Nonresidential lavatory faucets shall be either self-closing or metering faucets as described below:
(a) 
Self-closing faucets shall not exceed an average discharge rate of 0.5 gpm between the pressures of 20 and 80 psig when tested in accordance with the Discharge Test Procedure cited in ANSI A112.18.1M, Finished and Rough Brass Plumbing Fixture Fittings Standard.
(b) 
Metering faucets shall be field adjustable and set so that the discharge quantity shall not exceed 0.5 gallons of water per cycle.
E. 
Blowout Toilets and Urinals. Replacement of blowout toilet and urinal fixtures with like type fixtures may be granted by local officials upon request where adequate justification of special need is provided.
F. 
Pressure Reducing Valve. Where the service water pressure to a building is calculated to exceed 60 psi, a water pressure reducing valve with strainer shall be installed immediately downstream of the building's main valve, so as to be accessible. Said valve may be installed after the outside line to provide adequate pressure for outside sprinklers, etc. The valve shall provide for pressure adjustment within the range of 50 to 60 psi. The valve shall conform to the requirements of product standards ASSE 1003. Exemptions to this part are service lines to sill cocks, outside hydrants, and main supply risers to buildings where pressure from the mains does not exceed 60 psi at the fixture branches or at individual fixtures.
G. 
Service Sewer Laterals. Service sewer laterals shall be installed with a minimum slope of 2%, i.e., 1/4 inch per foot.
[Ord. 102, 2/28/1989, § 3]
1. 
Any person(s) may apply to the Township for an exception to the terms of this part, which exception may be granted in the discretion of the Board of Supervisors, upon proof that some other device, system, or procedure will save as much or more water as those set forth herein, or that those set forth herein cannot be complied with, without undue hardship.
2. 
The standards as set forth in § 26-102 above, shall not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the standards specified in § 26-102 above.
3. 
Manufacturers shall certify that their plumbing fixtures and fittings comply with the water conservation performance standard specified in § 26-102. Such certification shall be based on independent test results.
[Ord. 102, 2/28/1989, § 4; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense. All fines collected for the violation of this part shall be paid to the Township. Provided, that such fine or penalty shall be in addition to any other penalty imposed by any other section of this part.
[Ord. 216, 5/18/2004, Art. I]
1. 
Purpose. The purpose of this part is to ensure that new wells constructed in the Township are able to provide a reliable, safe, and adequate water supply to support intended uses within the capacity of available groundwater resources; to ensure that new wells do not infringe upon the performance of existing wells; to provide for the collection of accurate groundwater information; and to implement Article I, § 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to pure water.
2. 
Interpretation. The provisions of this part shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. This part should be interpreted in pari materia with any other ordinances, regulations or statutes. Whenever provisions of this part cannot be reconciled with the provisions of any other applicable ordinance, statute or regulation, then that ordinance, statute or regulation which imposes greater restrictions, requires a greater level of testing, imposes a higher standard or is least permissive shall control. In the event any provision of this part is preempted by a superior governmental regulatory or statutory scheme, then the provision(s) of this part so preempted shall not apply unless the applicant is seeking dedication to the Township of the proposed well(s) or water system, in which case compliance with all the provisions of this part shall be a condition of dedication.
3. 
Definitions. For the purpose of this part, the following words or phrases shall have the meanings given in the following definitions:
ADVERSELY AFFECT(S)(ED)/ADVERSE EFFECT(S)
With regard to wells impacted by a well or wells for which permits are secured, a draw down and decrease in water supply, a problem of quality of water, a problem of the odor or turbidity of water, and/or any other related problem which results in impairment of the supply or quality of water from wells for domestic or agricultural use.
AQUIFER TEST
Water is withdrawn from a well at a measured rate over a measured time increment to determine the ability of the aquifer to supply the required amount of water without damage to the environment or other wells.
AQUIFER TEST OBSERVATION WELL
A well installed as part of an aquifer test for the purpose of monitoring groundwater elevations during the test.
CAPACITY
The amount of water which can be withdrawn from the well either by pumping or free flowing. The capacity does not mean the anticipated average withdrawal rate on the well. The capacity of a well may vary seasonally and change with time.[1]
DRBC
The Delaware River Basin Commission.
DRILLING
All acts necessary in the construction of wells.
FULL PRODUCTION
The point in time when the residential development is first fully occupied that the well, or well cluster, is intended to serve; or in the case of a nonresidential use, the point in time when the use has reached its full water demand.
GEOTHERMAL WELL
A well to be utilized for heating purposes, cooling purposes, or both.
GROUNDWATER
Water that is naturally stored underground.
HYDROLOGIC BUDGET
A hydrologic budget for a given area describes the relationship between groundwater recharge, groundwater discharge and the change in groundwater storage. To ensure adequate water supply over the long term, groundwater discharge through streams and well pumping should not exceed groundwater recharge. Some temporary depletion of groundwater storage is acceptable during dry periods, provided that this loss can be replaced by recharge over an average of five years and it does not adversely affect other wells or streams.
HYDROLOGIC ENVIRONMENT
Surface water and aquifer system determined by the water resources impact study required in § 26-206 hereof within which the utilization of the proposed well(s) will have an impact upon the underlying aquifer(s) or has the potential to adversely affect preexisting wells. The land area of the hydrologic environment is to be depicted on a plan as required by the water resources impact study.
MONITORING WELL
A well utilized for measuring of groundwater elevations and/or quality.
PA DEP
The Pennsylvania Department of Environmental Protection.
PEAK DEMAND RATE
The average rate of discharge of water from a well, in gallons per minute, during peak demand periods. For residential use, the peak demand rate shall be determined using the fixture unit values as provided by the BOCA National Plumbing Code/1987. For commercial/industrial uses, the peak demand rate shall be determined by the intended use of the facility.
PERSON
A corporation, partnership, municipal authority, association, natural person, or other legal entity.
REDRILLING
Increasing the depth or diameter of an existing well.
REPLACEMENT WELL
The abandoning of an existing Class I well (hereinafter defined) and replacing it with a newly drilled well.
TOWNSHIP
The Township of Solebury.
WELL
Any excavation that is drilled, cored, washed, driven, dug or otherwise constructed for the location, diversion, or acquisition of underground waters or charging of waters into the underground strata.
WELL CLUSTER
The wells that will serve the individual lots in a subdivision of four or more lots or any community well.
WELL DRILLER
Any water well contractor, employee, or representative in charge of drilling or otherwise constructing a well.
ZONING OFFICER
A Township official/employee responsible for zoning and subdivision and land development functions as set out by the Municipalities Planning Code, the Zoning Code and the Subdivision and Land Development Ordinance, and for administering and enforcing Township Code of Ordinances.
[Added by Ord. No. 2021-008, 10/19/2021]
[1]
Editor's Note: The former definition of "Code Official," which immediately followed this definition, was repealed by Ord. No. 2021-008, 10/19/2021.
4. 
Applicability.
A. 
No person within the Township shall drill a well or withdraw groundwater for any purpose by use of a well except as permitted by this part and within the regulations herein set forth.
B. 
An occupancy permit for a new residential or nonresidential building, structure, or addition to a building, which is to be served by a new Class 1 well (hereinafter defined), shall not be issued unless the new well meets the requirements of this part.
C. 
Preliminary plan approval of a major subdivision of land development that will be served by a Class 2 or 3 well (hereinafter defined) shall be contingent upon the satisfactory completion of the well testing and water resources impact studies required herein.
D. 
This part applies to existing wells only when they are being reactivated, redrilled or their use is being expanded by more than 1,000 gallons per day.
[Ord. 216, 5/18/2004, Art. II]
1. 
Applicability. A well drilling permit shall be required for any new well drilled or existing well redrilled in the Township after the effective date of this part. The drilling permit allows for the drilling of the well but not its use. The use permit is covered by § 26-203 of this part.
2. 
Classification of Wells.
A. 
Wells are categorized by Classes 1, 2, and 3 are defined as follows:
(1) 
Class 1 Well.
(a) 
A Class 1 well is a well or well cluster serving: 1) three or less individual residential dwelling units where the withdrawal is not to exceed 1,000 gallons per day; 2) a nonresidential well where the applicant can verify the flow will be not more than 1,000 gpd; and 3) monitoring and observation wells.
(b) 
A Class 1 well drilling permit shall be issued by the Zoning Officer.
[Amended by Ord. No. 2021-008, 10/19/2021]
(2) 
Class 2 Well.
(a) 
A Class 2 well is a well or well cluster serving four residential dwelling units or more, or where the aggregate withdrawal is more than 1,000 and less than 10,000 gallons per day and nonresidential uses between 1,000 and 10,000 gpd.
(b) 
A Class 2 well also includes a well cluster where the aggregate withdrawal is up to 10,000 gallons per day and the Delaware River Basin Commission (DRBC) does not require approval. Depending upon the number of lots or dwelling units served or groundwater withdrawn, the applicant may also be subject to the Pennsylvania Safe Drinking Water Act, 35 P.S. § 721.1 et seq.,[1] as public water supplies (PWS). It shall be the applicant's responsibility to obtain all permits required to drill the well by any other governmental agency having jurisdiction and submit the required permits with the application for a well drilling permit to the Township.
[1]
Note: See also 25 Pa. Code Chapter 109.
(c) 
A Class 2 well drilling permit shall be issued by the Zoning Officer.
[Amended by Ord. No. 2021-008, 10/19/2021]
(3) 
Class 3 Well.
(a) 
A Class 3 well or cluster includes wells that withdraws an average of 10,000 gallons per day or more over a thirty-day period and/or are subject to approval by the DRBC and/or the PA DEP. Depending upon the number of lots or dwelling units served or groundwater withdrawn, the applicant may also fall under the Pennsylvania Safe Drinking Water Act, 35 P.S. § 721.1 et seq., as public water supplies (PWS).
(b) 
It shall be the applicant's responsibility to obtain all permits required to drill the well by any other governmental agency having jurisdiction and submit the required permits with the application for a well drilling permit to the Township. The applicant shall be responsible for submitting copies of all permit applications that are submitted to the DRBC and the PA DEP to the Township the same day they are submitted to the DRBC and/or PA DEP. Copies of all correspondence submitted to and received from the DRBC and/or PA DEP shall also be submitted to the Township. The applicant shall also be responsible for submitting copies of the approved permits granted by the DRBC and the PA DEP to the Township.
(c) 
A Class 3 well drilling permit shall be issued by the Zoning Officer.
[Amended by Ord. No. 2021-008, 10/19/2021]
3. 
Permit Application Procedure.
A. 
An application for a well drilling permit shall be filed with the Zoning Officer. Four copies are required with the Zoning Officer distributing two to the Township. The applicant can retain one stamped copy.
[Amended by Ord. No. 2021-008, 10/19/2021]
B. 
For a Class 1 well, the application for a well drilling permit shall be made prior to or in conjunction with the filing of the building permit application. The drilling of the well and a well utilization permit must be issued, prior to the building permit being issued.
C. 
For a Class 2 or 3 well, the application for a well drilling permit must be filed prior to the submission of any application under the Township's Subdivision and Land Development Ordinance [Chapter 22] concerning any property which the well(s) is (are) to serve. A well utilization permit must be issued, prior to the granting of any plan approval under the Township's Subdivision and Land Development Ordinance [Chapter 22], or the securing of a well utilization permit may be made a condition of preliminary plan approval.
D. 
Geothermal Wells. Geothermal wells are only permitted if they do not use water as a medium from which to extract thermal energy. Such wells may extract thermal energy from the earth through use of a closed loop in which a recirculating medium is utilized. A well permit is required and details of the proposed heating/cooling system and circulating fluid shall be supplied. The applicant should refer to, and address issues contained in the Ground Source Heat Pump Manual as published by the Pennsylvania Department of Environmental Protection.
4. 
Well Drilling Permit Application Requirements. The following shall be submitted with the well drilling permit application for all classes of wells:
A. 
Applicant's name, address and telephone number.
B. 
The well drilling permit application fee paid to the Code Official, for the use of the Township, in accordance with the fee schedule adopted by resolution of the Board of Supervisors upon enactment of this part or as such schedule may be amended from time to time.
C. 
Location of proposed well.
D. 
For a Class 1 well, a plot plan shall be supplied. For a Class 2 or 3 well a copy of the proposed subdivision or land development plan filed or to be filed under the Township's Subdivision and Land Development Ordinance [Chapter 22] concerning any property which the well(s) is (are) to serve shall be supplied. The plan(s) shall provide at least the following information:
(1) 
Property lines.
(2) 
Location of proposed and existing buildings on the property on which the proposed well is to be located or within 500 feet of its boundaries.
(3) 
Streets abutting the property on which the proposed well is to be located.
(4) 
Well location(s) (the well(s) must be field located and verified prior to drilling).
(5) 
Wastewater disposal area(s) on the property on which the proposed well is to be located or within 200 feet of its boundaries.
(6) 
Separation distances.
(7) 
Site geology according to geology maps.
(8) 
Wells and wastewater systems on adjoining properties.
E. 
Well driller's name, address and telephone number.
F. 
A description of the development proposed.
G. 
Projected water quantity requirements for the proposed use.
H. 
A separate map shall be submitted showing the location of the production well(s) and information of all monitoring well(s), if applicable.
I. 
The vertical datum on all plans shall be USGS and the north point shall be shown on all plans.
J. 
The horizontal datum shall be State Plane Coordinates System (Pennsylvania South) North American 1983 (NAD83).
K. 
The plan shall include boundaries of the water districts and specified areas to be served.
L. 
Topography of the drainage area and property including wells, springs, streams, dams and reservoirs, the location, dimensions and elevations of structures and piping.
M. 
All well locations, logs of test borings, diameter, and depths of the well casing shall be shown on the well construction diagram.
[Ord. 216, 5/18/2004, Art. III]
1. 
Following the approval of the well drilling permit and the drilling of the well, testing will need to be accomplished for each well in order to receive the well utilization permit. A well utilization permit is not needed for monitoring or observation wells. The following test requirements apply as well as other requirements as referenced.
A. 
Water Testing Requirements. After a well has been drilled under a well-drilling permit, the quality of the water shall be tested in accordance with the following:
(1) 
Class 1 and 2 Wells.
(a) 
The quality of the water supply from the well shall be certified by a laboratory in accordance with the provisions of § 26-205, "Water Resource Testing," of this part.
(b) 
A well that does not meet the standards of § 26-205 shall be required to meet them through adequate treatment facilities. After treatment facilities are installed, applicant shall have the water supply retested.
(c) 
Additional quality testing shall be required if a specific potential for contamination exists.
(d) 
For a Class 1 well, the applicant shall have the well tested prior to issuance of a building permit by the Township.
(e) 
The capability of a Class 1 or 2 well to meet the peak daily and total daily demand of the proposed use shall be evaluated through a two-part aquifer test in accordance with the provisions of § 26-205 of this part.
(2) 
Class 2 Wells.
(a) 
All Class 2 wells shall be subject to the following provisions in addition to Subsection 1A(1), above.
(b) 
For a Class 2 well the applicant shall provide the Township with a copy of the report from the state-certified water-testing laboratory prior to the submission of any application under the Township's Subdivision and Land Development Ordinance [Chapter 22] concerning any property which the well(s) is (are) to serve. A well utilization permit must be issued, prior to the granting of any plan approval under the Township's Subdivision and Land Development Ordinance [Chapter 22], or the securing of a well utilization permit may be made a condition of preliminary plan approval. A copy of the report submitted to the PA DEP along with a letter from the DEP indicating compliance with its regulations shall be supplied to the Township if the well is subject to the jurisdiction of the Pennsylvania Safe Drinking Water Act, 35 P.S. § 721.1 et seq., as a public water supply (PWS).
(c) 
The applicant of a Class 2 well shall submit the results of a water resources impact study, § 26-206, of this part.
(3) 
Class 3 Wells.
(a) 
For all Class 3 wells the applications for DRBC and DEP approval are filed at the same time as the submission of any application under the Township's Subdivision and Land Development Ordinance [Chapter 22] concerning any property which the well(s) is (are) to serve.
(b) 
An application is also to be made for a Solebury Township well drilling permit.
(c) 
All drilling and testing of a Class 3 well shall be performed in accordance with the requirements of the Delaware River Basin Commission and the Pennsylvania Department of Environmental Protection, except where additional requirements are set forth in this part.
(d) 
It shall be the responsibility of the applicant to obtain all required permits and submit copies of them to the Township prior to the granting of any plan approval under the Township's Subdivision and Land Development Ordinance [Chapter 22], or the securing of all required permits may be made a condition of plan approval. The applicant shall submit copies of all application forms and correspondence that is submitted to or received from the DRBC or DEP by the applicant.
B. 
Issuance of Well Utilization Permit.
(1) 
Fees. The applicant shall reimburse the Township for all reasonable administrative and professional expenses, including, but not limited to, engineering, legal, and other consultant fees. Prior to the filing of a well utilization permit application, the developer shall pay to the Township the appropriate non-refundable filing fee and an escrow deposit to defray the professional expenses incurred by the Township in accordance with the fee schedule adopted by the Township Board of Supervisors. Thereafter, as the escrow deposit for expenses is depleted, the applicant shall make further deposits upon notice from the Township until approval of the well utilization permit. Upon approval of the well utilization permit, the Township shall forthwith refund to the applicant any uncommitted portion of the deposit remaining after expenses incurred by the Township have been paid in full by the applicant. To the professional expenses required to be paid to the Township by this part, there shall be a percentage of these costs (in accordance with the fee schedule adopted by the Township Board of Supervisors) added as reimbursement to the Township of the costs incurred by the Township for the collection of such fees and the disbursement of the same to the professional consultants.
(2) 
Issuance of Permit. Upon payment of all required fees, the completion of all testing requirements in this part to the reasonable satisfaction of the Township's professional consultants, securing of all other related approvals for the well and its construction including, but not limited to, DEP and DRBC permits, and the posting of the security provided for in § 26-207 hereof, the Zoning Officer shall issue the well utilization permit.
[Amended by Ord. No. 2021-008, 10/19/2021]
C. 
Life of a Permit. All well utilization permits issued by the Township shall be in effect as of the date of issuance, and shall remain in effect for a period of five years. In the event that the well has not been put in service under the permit within five years from the date of issuance, the permit shall expire, the validity of the permit shall cease and terminate and all fees paid will be forfeited.
Table 26-203-1
Reference for Well Drilling Requirements
Table 26-203-1 serves as a reference for an applicant for a well drilling permit to the various procedures and requirements that must be accomplished during the process of constructing a well in the Township. A Class 3 well is under the jurisdiction of the Delaware River Basin Commission and must, therefore, adhere to the Commission's procedures, except where additional requirements are set forth in this part.
Procedure
Class 1
Class 2
Class 3
Applicable Testing Requirements
Water Quality Testing
§ 26-205, Subsection 1
§ 26-205, Subsection 1
DEP
Aquifer Test of Wells
§ 26-205, Subsection 2
§ 26-205, Subsection 2
DRBC
Flow and Storage Req.
§ 26-205, Subsection 3
§ 26-205, Subsection 3
DRBC
Observation Wells
§ 26-205, Subsection 4
§ 26-205, Subsection 4
DRBC
Report Format
§ 26-205, Subsection 5
§ 26-205, Subsection 5
DRBC
Water Resources Impact Study
§ 26-206, Subsection 1
§ 26-206, Subsection 1
DRBC
Well Construction
§ 26-204
§ 26-204
§ 26-204
[Ord. 216, 5/18/2004, Art. IV; as amended by Ord. 2006-9, 11/9/2006, §§ I, II]
1. 
General Construction Requirements for Wells. All well construction in the Township shall be in accordance with the standards set forth by the PA DEP Water Supply Manual (as revised at the date of well construction). If there is a conflict between the requirements of the PA DEP and the requirements listed below, the more restrictive shall be applicable.
A. 
The actual on-site work of drilling, constructing, altering or repairing a well shall be under the supervision of a person in possession of a valid well drillers license issued by the Pennsylvania Department of Conservation and Natural Resources (PA DCNR).
B. 
The drilling of all wells in or within 1000 feet laterally of Allentown, Cocalico, Hardyston or Leithsville (limestone) formations shall be supervised by a professional geologist to assure the proper drilling, testing and construction of the well.
C. 
All production wells shall be a minimum of six inches in diameter, cased to protect against contamination, in accordance with Subsection 4, below. Water bearing formations that are known to be contaminated or those identified by PA DEP or the United States Environmental Protection Agency as being in danger of contamination shall be sealed off with grout. Sealing shall be accomplished by a method approved by the PA DEP.
D. 
Prior to completion of the well, the casing shall be capped and any open annular space covered until the well has been grouted and the pump installed. The cap shall be either threaded onto the casing or be a friction type device which locks onto the outside of the casing.
E. 
After construction of the well it shall be properly developed so as to obtain the best practical yield and quality. Testing of the well should be conducted as outlined in the American Water Works Association (AWWA) Standard A-100-84 (latest edition).
2. 
Well Head Construction.
A. 
The wellhead shall be constructed so as to assure the maximum protection of the well and to exclude entry of any contaminant.
B. 
When the casing is brought above grade or is located in an offset basement pump room, the top of the well casing shall be located not less than 18 inches above grade or 12 inches above the basement floor.
C. 
The pump shall be so located and designed to make the use of a pump pit unnecessary. Where a pump pit is already existing, adequate provisions shall be made for their drainage. Direct connections to a sanitary sewer or storm sewer shall not be permitted.
D. 
The wellhead shall be provided with either a pitless installation or a sanitary seal.
E. 
The space between the pump column and the casing of each well shall be provided with a vent which shall be protected with a down facing elbow or mushroom type head located at least 18 inches above flood levels. All vents shall be screened against the entry of insects.
F. 
Wells in which pumping equipment is not installed shall be properly capped to exclude the entry of contamination pending such installations.
G. 
All well caps must be inscribed with the well ID number, date drilled, well driller name, anticipated yield, depth and the USGS elevation for the top of casing.
3. 
Pitless Adaptors. Where used, pitless adaptors shall conform with the standards set forth by the PA DEP.
4. 
Well Casing. Septic systems and lawn chemicals potentially pose the most significant and potentially widespread threat to potable water obtained from private water supply wells in the Township. To protect against these threats and other threats and given the hydrogeologic conditions in the Township and the dependence of residents on ground water for potable water supply, all new wells shall be provided with a watertight 0.25 inch thick welded steel pipe casing. Pipe shall be in accordance with AWWA standard C200 or equivalent. The minimum length of casing shall be 50 feet and the well casing shall extend a minimum of 20 feet into competent (unweathered) bedrock. A six-inch diameter casing shall be installed into a minimum ten-inch diameter borehole and grouting shall be done using a tremie pipe to place grout from the bottom of the borehole to ground surface. A minimum twelve-hour period is required to allow the grout to set prior to commencement of drilling operations into bedrock. The owner or licensed driller shall give the Township at least two-days notice prior to initiation of grouting operations so that the Township may send a representative to witness the casing grouting operation, at the Township's discretion. All joints between sections of the casing shall be made by continuous welding (AWWA Standard C206 or equivalent). All casing shall be extended at least 18 inches above the final grade.
5. 
Minimum Separation Distances.
A. 
All wells must be located at a safe distance from any possible source of contamination or pollution. At new well sites and for replacement wells, the well shall be located a minimum of 100 feet, preferably topographically upgradient, from a known source of groundwater pollution or a septic drain field/cesspool and 50 feet from septic tank and sewer lines. If the well must be located at a separation distance that is less than the minimum separation distances specified above, the casing shall be extended and fully grouted to a depth of a minimum of 100 feet below ground surface to compensate for the decreased horizontal separation. If any potential source of pollution or contamination is known to be less than 100 feet from the proposed well site, an investigation shall be conducted and the results of the investigation submitted to the Township with specific risk management recommendations to ensure potable water meeting all relevant drinking water standards can be met at the point of use. The investigation shall locate and identify the potential source of pollution or contamination and describe the geologic setting of the area. It shall determine the depth to groundwater and the probable direction of groundwater flow under natural conditions and during times when the well is being pumped and a cone of depression has been created. The investigation shall be conducted by a professional geologist or professional engineer practicing in the field of water resources.
B. 
The following minimum lateral distances shall apply for clay and loam soils with the stipulation that where more pervious soils such as sand and gravel are found, the distances shall be increased.
Source of Pollution
Separation Distance
(feet)
Cesspools
100
Septic tanks
50
Drain field
100
Sewer lines including pressure sewers
50
Spray irrigation-zone of saturation
100
6. 
Disinfection of Wells. Prior to being placed into service, all wells shall be disinfected as set forth by the AWWA Standard C654-87 or the latest revision thereof at the time the well is put in service. The AWWA Standard C654-87 shall be an acceptable method under the Township's Subdivision and Land Development Ordinance [Chapter 22]. A sample bacteriological examination shall be collected by a licensed water analyst and analyzed for use as drinking water both before disinfection and after disinfection. A copy of the water analysis shall be submitted to the Zoning Officer. In addition, groundwater supplies shall be disinfected if any of the following conditions occur:
[Amended by Ord. No. 2021-008, 10/19/2021]
A. 
When repairing or upgrading the well.
B. 
When repairing or replacing pumping equipment or conveyance lines.
C. 
If the existing well has been temporarily flooded or subjected to other possible contamination.
D. 
Upon receipt of a laboratory report indicating coliform bacteria contamination is present in the water supply.
7. 
Geothermal Wells. The requirement of the PA DEP for the well and mechanical systems involved in geothermal treating and cooling systems, as contained in the Ground Source Heat Pump Manual shall be followed by the applicant.
8. 
Closure and Sealing of Wells. All wells, test wells, uncompleted wells, and completed wells that are to be abandoned shall be sealed by the method listed below. A well is considered to be abandoned if it is no longer actively used for a period of one year or has been replaced. The guide to be followed in the sealing of abandoned wells is the restoration, as far as feasible, of the controlling geographical conditions that existed prior to the well being drilled or constructed. The owner of any well or test hole shall, upon proposal to abandon, notify the Township. The form provided by the DEP for well abandonment shall be used and the Township shall be notified 24 hours prior to the work being started to allow for inspection of the work by the Township. Unless the Township desires to acquire the well, it shall be effectively sealed.
A. 
The well shall be measured for depth before it is sealed to ensure freedom from obstructions that may interfere with effective sealing operations.
B. 
The liner pipe shall be removed from all wells to ensure placement of an effective seal. If the liner cannot be readily removed, it shall be perforated to ensure that proper sealing has been achieved.
C. 
Concrete, cement grout, or neat cement shall be used as primary sealing materials and shall be placed from the bottom upward by methods that will avoid segregation or dilution of material.
D. 
Accurate records shall be kept of the entire abandonment procedure to demonstrate to the Township that the well has been properly sealed. The depth of each layer of all sealing and backfilling materials shall be recorded. The quantity of sealing material used for sealing shall be recorded with the Township. Prior to sealing the well, measurements shall be taken to obtain the static water level.
E. 
The person responsible for sealing the well shall be responsible to submit a written report indicating the location (by longitude/latitude coordinates), the ground elevation at the location of the well, and the elevation of the static level of the water.
F. 
The current water well abandonment guidelines as published by the Pennsylvania Department of Environmental Protection shall be followed for all well abandonments.
[Ord. 216, 5/18/2004, Art. V]
1. 
Water Quality Testing.
A. 
The quality of the water from a Class 1 or 2 well shall be certified by a laboratory, licensed by the Commonwealth of Pennsylvania, stating that it meets or exceeds state drinking water quality requirements, as adopted by the PA DEP, and to have passed minimum state water quality standards for the following parameters:
(1) 
Parameter.
(2) 
Bacteriological.
(3) 
pH.
(4) 
Iron.
(5) 
Nitrate nitrogen.
(6) 
Total dissolved solids.
(7) 
Lead.
(8) 
Volatile organic compounds (VOCS). Including MTBE[1]
[1]
Note: The testing shall be conducted to determine compliance with the Pennsylvania DEP's "Maximum Contaminant Levels and Secondary Maximum Containment Levels for Selected Constituents in Drinking Water," the current edition as of the date of the testing. (EPA Method 524).
B. 
A well that does not meet any of the above standards shall be required to meet them through the use of adequate treatment facilities. After treatment facilities are installed, the applicant shall have the water supply re-tested for the failing parameters.
C. 
A copy of the laboratory's report shall be submitted to the Township and the report shall contain the following:
(1) 
The name and license number and address of the laboratory.
(2) 
Identification of the well being tested.
(3) 
Method of supplying water.
(4) 
The depth of the water in the well below the top of the casing.
(5) 
Dates when the sample was taken and tested.
(6) 
Test results for each parameter.
(7) 
Level of treatment that the water from the well requires.
D. 
Additional quality testing shall be required if a specific potential for contamination exists.
E. 
Water quality testing for Class 3 wells will be required to meet the DEP standard for the intended use.
2. 
Aquifer Test of Wells. All aquifer test plans shall be submitted to the Code Official for review and approval at least 30 days prior to the anticipated start of drilling.
A. 
Class 1 Wells.
(1) 
A Class 1 well drilling permit is required for those wells covered by § 26-202, Subsection 2A, and it is required for individual wells even where testing has been done under Class 2 or 3 requirement for clusters of individual wells.
(2) 
The capability of each individual well to meet the peak demand and the total daily demand of the proposed use shall be evaluated in accordance with the following standards:
(a) 
A two-part aquifer test comprised of a peak demand test and a constant rate aquifer test shall be conducted.
(b) 
The proposed well shall be pumped continuously for a minimum of four hours or as established in Table 26-205-1 and tested for yield, drawdown and recovery.
(c) 
Such tests shall be performed in accordance with the New Jersey Geological Survey Groundwater Report Series No. 1, Two-Part Pump Test for Evaluating the Water Supply Capabilities of Domestic Wells, as prepared by Jeffrey L. Hoffman and Robert Canace for the New Jersey Geological Survey, Department of Environmental Protection. A licensed professional geologist qualified in hydrogeology shall perform the well test.
(d) 
Observation wells that are in compliance with Subsection 4, "Observation Wells," in this section and Table 26-205-1 shall be a part of the well testing process.
(e) 
For sites where individual wells will be used on each lot, the diameter and depths and casing depth shall be the same in the test well as proposed for the individual wells.
B. 
Class 2 and 3 Wells. For other than Class 1 wells, the applicant must submit to the Code Official a plan for testing. It must include the testing criteria in Table 26-205-1, infra, as well as the following:
(1) 
The location of all proposed and existing wells within the anticipated area of influence.
(2) 
The anticipated draw down of the proposed aquifer test on all monitoring wells.
(3) 
The proposed pumping rate, testing procedure and data collection.
(4) 
The identified geological features on the site.
(5) 
Distance from test well to monitoring and observation wells.
(6) 
The proposed construction of the well (well depth, diameter and casing depth.
C. 
All Wells. A report shall be submitted to the Township that documents the well testing and contains the following:
(1) 
The name, address and telephone number of the well driller and the personnel conducting the test.
(2) 
A complete description of the test well(s) that includes the horizontal and vertical dimensions of the well(s), the casing installed with specifications, and the specifications of the grouting material used.
(3) 
Date the well(s) was drilled.
(4) 
Depth of the well.
(5) 
Method used to drill the well.
(6) 
Type of casing and grouting used.
(7) 
Distance of the well from on-lot wastewater disposal system, i.e., septic or aerobic system, and wastewater absorption areas including those on adjoining properties.
(8) 
Location and distance to sewer lines within 250 feet.
(9) 
Type and quantity of water storage to be provided (if applicable).
(10) 
A list of the rock formations identified during the drilling.
(11) 
The static water level immediately prior to the testing for yield.
(12) 
A hydrograph of the depth to the water surface during aquifer testing and the recovery period at the test well(s) showing corresponding pump, and discharge rate in gallons per minute and the time at which readings were taken.
(13) 
A statement of the raw (before treatment) water quality conditions and any treatment required to comply with the standards set forth in Subsection 1 of this section.
(14) 
The location of the test well(s) shall be mapped.
(15) 
Recommended depth for the pump.
3. 
Flow and Storage Requirements.
A. 
Residential. In order to be certified for use for a single-family dwelling, a Class 1 well must have a production of not less than six gallons per minute as established by a four-hour test and certified by the well driller. To the extent any other Township ordinance is inconsistent with this provision it is hereby repealed.
B. 
Class 2 and 3 Wells. For community water supply wells to be certified for use, a report shall be submitted by a licensed professional geologist qualified in hydrogeology indicating the anticipated yield of the well(s) and storage requirements for the proposed use.
4. 
Aquifer Test Observation Wells. The applicant for a Class 2 or 3 well shall be required to install an observation well/wells as part of the testing of a well. The required number of observation wells is indicated in Table 26-205-1. The observation well(s) shall be constructed in accordance with the following criteria:
A. 
The well(s) shall be located close enough to the pumping well(s) so that sufficient drawdown is created in the observation well(s) during the aquifer test so that the capacity of the aquifer to store water can be calculated. The location of the observation well(s) shall require written approval of the Zoning Officer, to be given upon the advice of the Township Engineer responsible for water and sewer matters.
[Amended by Ord. No. 2021-008, 10/19/2021]
B. 
An observation well shall be drilled to intersect the deepest water-bearing zone of the test well and/or the same depth as the test well.
C. 
The well(s) shall have a minimum diameter of six inches.
D. 
Casing material, as specified by the Township, shall be placed to a minimum depth of 40 feet. Additional casing shall be installed to prevent collapse if the weathered zone is deeper than 40 feet.
E. 
All observation wells shall be equipped with a locking cap. A weather resistant lock and two keys shall be provided to the Zoning Officer.
[Amended by Ord. No. 2021-008, 10/19/2021]
F. 
The well(s) shall be drilled in an area on the site that allows easy access by Township personnel. The developer/owner shall agree to provide access to Township personnel. If necessary, a stabilized access road shall be provided at the Township's direction.
G. 
The Township shall be permitted to monitor the well(s) on a monthly basis, or more often if necessary, to obtain water level measurements and pump the well(s) to obtain a water sample for laboratory analysis.
H. 
The owner/developer shall be required to obtain a well drilling permit from the Township prior to drilling an observation well(s).
I. 
The observation well(s) shall be equipped with a continuous record water level recorder during the aquifer test.
J. 
The observation well(s) shall be completed, including installation of the level recorder, prior to the aquifer test.
K. 
Pennsylvania State Plane coordinates shall be provided to establish the location of the well(s).
L. 
The elevation of the ground adjacent to the well(s) and the static water level shall be based on USGS datum.
Table 26-205-1
Summary of Aquifer Testing Requirements
Permit Requirements
Well Classification
1
2
3
Residential (No. Of Units)
1 to 3
4 to 8
9 to 22
23 to 30
31+
Nonresidential (GPD)
1,200 - 2,400
2,601 - 6,000
6,001 - 10,000
10,000+
Water Quality Test
Required
Required
Required
Required
Required
Water Resources Analysis Report
Not Required
Required
Required
Required
Required
No. Of Observation Wells
0
1
1
2
3
Pumping Test (Hrs.)
4
8
24
48
72
Notes:
1.
Test wells may also be used as observation wells. Any observation wells must be within the anticipated area of influence of the test well, as defined in § 26-202, Subsection 4C. The use of existing wells is preferred.
2.
There shall be a minimum of two observation wells, except for Class 1 wells; one shall be on strike and the other perpendicular to strike.
5. 
Report Format. The following is a format for the required well test report:
A. 
Summary (including any projected adverse impacts).
B. 
Projected water needs.
C. 
Domestic or commercial use.
D. 
Fire company.
E. 
Geology and geologic map.
F. 
Aquifers.
G. 
Recharge areas.
H. 
Regional flow.
I. 
Lineaments.
J. 
Aquifer characteristics.
K. 
Aquifer Tests.
(1) 
Time-drawdown data.
(2) 
Transmissivity and storativity.
(3) 
Distance-drawdown data.
(4) 
Extent of cone of depression.
(5) 
Safe yield of well.
L. 
Water quality.
M. 
Hydrologic budget.
N. 
Drought analysis-predicting water elevations for a ten- and fifty-year drought.
O. 
Long term monitoring program must include provisions for continuous recording of background water levels of the source aquifer and, depending upon site conditions and proposed water use, continuous surface water level recording.
P. 
Qualifications.
[Ord. 216, 5/18/2004, Art. VI]
1. 
Water Resources Impact Study.
A. 
Water Resources Impact Study. A water resources impact study is required for:
(1) 
Any subdivision containing four or more dwelling units.
(2) 
A zoning permit application for a use that will withdraw in excess of 1,000 gpd of water.
(3) 
A land development which will withdraw in excess of 1,000 gpd of water.
(4) 
All potential public water systems.
B. 
Purpose. The purpose of the study is to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources and to coordinate land use policies with policies for providing water supply in an environmentally sound manner that protects the quality and quantity of groundwater. Any proposed water system or on-lot water supply for any zoning permit, subdivision and any land development which does not provide an adequate water supply for use, or which adversely affects nearby wells or streams shall be cause for denial of the well utilization permit unless an alternate water supply is available.
C. 
Supply Requirements. The adequacy of the water supply shall be determined based on the following assumptions:
(1) 
Residential. An average of 300 gallons per day with a peak daily multiplier of 2.5 and a peak thirty-day average multiplier of 1.7. This number is based on an average house size of 3.5 bedrooms and may be adjusted by the Township pro rata for developments of different housing types.
(2) 
Nonresidential. A professional engineer shall prepare an estimate of the quantity of water needed for the proposed use. The estimates shall include peak hourly, peak daily and average daily water demand. The estimate shall also include water needs for fire flow.
D. 
Report Requirements. The water resources impact study shall be prepared by a licensed professional geologist qualified in hydrogeology and a professional engineer registered in the Commonwealth of Pennsylvania and shall include the following:
(1) 
Calculations of the projected water needs using the criteria set forth in the following references:
(a) 
Public Water Supply Manual, Bureau of Water Supply and Community Health, Pennsylvania Department of Environmental Protection, Harrisburg, PA (current edition at the time the report is prepared).
(b) 
Guide for Determination of Required Fire Flow by the Insurance Services Office (ISO) (current edition at the time the report is prepared).
(c) 
American Water Works Association (AWWA) standards and manuals for the American Water Works Association, Denver, CO (current edition at the time the report is prepared).
(2) 
A geological map of the area within a one-mile radius of the site.
(3) 
The location of all fault lines, lineaments, and fracture traces shall apply as follows:
Withdrawal
(range-GPD)
Distance (radius) for study
(feet)
1,001 to 2,600
750
2,601 to 6,000
1,500
6,001 to 10,000
3,000
10,100+
1 (mile)
(4) 
The location of all other groundwater wells located within the hydrologic environment of the proposed well(s).
(5) 
A recitation of the aquifer characteristics underlying the site and their long-term drought recharge capability based on site-specific investigation or on accepted published data. Long term drought recharge capability shall be defined as the average amount of water that can be withdrawn from an aquifer during extended periods of low rainfall and/or high temperatures without adverse effects on existing wells and stream flow in the surrounding area.
(6) 
Based on the drought recharge capability and the calculated daily groundwater withdrawals of the project, a hydrologic budget for the subject site property itself and for the surrounding area within the same range based upon withdrawal as listed in Subsection 1D(3), above.
(7) 
A plan showing the hydrologic environment within which the wells which are proposed to be utilized are located.
(8) 
A determination aided by the results of the hydrologic budget, of whether the potential exists for causing adverse effects on the hydrologic environment by the proposed use, subdivision or land development.
(9) 
Measures proposed to mitigate any potentially adverse impacts identified.
(10) 
A statement of the qualifications of the person(s) preparing the study.
E. 
Test Wells Required. A water resources impact study shall include testing of the well(s) for the quantity and quality of the water. The testing shall follow the procedures in § 26-204 of this part.
F. 
Test Report. A report shall be prepared and submitted to the Code Official and shall accompany the submission of the test well results and observation data. The report shall analyze and interpret all of the data as to the impact on the groundwater supply and existing wells. Conclusions shall be drawn from the analysis as to the appropriateness of the site for the proposed water supply system. The credentials of the individual(s) preparing the report shall be included. Reports shall be sealed by the licensed professional engineer and licensed professional geologist responsible for the work. If the results of the pumping test indicate a potential for adverse effects on neighboring wells, the applicant shall provide security in accordance with § 26-207 hereof assuring recompense to the owners of any neighboring wells adversely affected.
G. 
If the results of the pumping test indicate a potential for adverse effects on neighboring wells, the applicant shall conduct preconstruction monitoring of any wells likely to be impacted, provided that the owner of such well provides appropriate written authorization to the applicant so as to permit applicant to enter upon the owner's property for such preconstruction monitoring.
H. 
Application Submission. The complete submission to the Township shall include any and all applications, reports, or supplemental information submitted to the Bucks County Department of Health, the Pennsylvania Department of Environmental Protection and/or the Delaware River Basin Commission, as required by those agencies.
I. 
Preliminary Plan. All well testing requirements as set forth herein for a proposed well shall be met by the applicant for a subdivision or land development prior to seeking preliminary plan approval from the Board of Supervisors.
[Ord. 216, 5/18/2004, Art. VII]
1. 
Responsibility for Adverse Effects to Nearby Wells. The applicant seeking approval of a permit for a Class 2 or Class 3 well or well cluster shall be responsible for any adverse effect caused by the applicant's well(s) to any residential domestic water supply well existing prior to the issuance of a well drilling permit.
2. 
Security. The applicant shall deposit with the Township at the time of the issuance of the well utilization permit financial security in an amount determined by multiplying $3,500 time the number of all other groundwater wells located within the hydrologic environment set forth in the water resources impact study and as approved by the Township. Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within Pennsylvania.
3. 
Presumption of Responsibility for Adverse Effect.
A. 
For a period of 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production, the applicant shall be presumed to be responsible for any adverse effect to any residential domestic water supply well within the hydrologic environment of the applicant's well or well cluster.
B. 
The applicant shall not be presumed to be responsible for any adverse effect to any well beyond the hydrologic environment of the applicant's well or well cluster.
C. 
The applicant shall not be presumed to be responsible for any adverse effect to any well that takes place more than 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production.
4. 
Right to Hearing. Any:
A. 
Owner of a residential domestic water supply well beyond the hydrologic environment of the applicant's well or well cluster.
B. 
Owner of a residential domestic water supply well which suffers an adverse effect more than 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production.
C. 
An applicant who asserts that an adverse effect to a residential domestic water supply well within the hydrologic environment of the applicant's well or well cluster and taking place within 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production is not caused by applicant's well(s) may overcome the presumption(s) set forth in Subsection 3 of this section by offering such evidence as they believe rebuts the presumption(s) at a hearing to be held in front of the Township Board of Supervisors pursuant to the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
5. 
Procedure for Hearing. Any party desiring a hearing pursuant to Subsection 4 of this section shall make demand therefore to the Township Manager in writing and with proof of service thereof on either the applicant or upon the owner of the residential domestic water supply well which is alleged to have suffered an adverse effect, as the case may be. The Board of Supervisors shall then schedule a hearing not less than 15 days nor more than 90 days after receipt of the demand for hearing. Notice of the hearing shall be given to the applicant and the owner of the residential domestic water supply well which is alleged to have suffered an adverse effect. At the hearing each party shall have the right to present evidence and to cross examine witnesses. The party making the demand for the hearing shall have the burden of proof. All testimony shall be stenographically recorded at the cost of the parties and a full and complete record shall be kept of the proceedings. The decision of the Board of Supervisors shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally or by mail. Any party aggrieved by the decision of the Board of Supervisors may appeal therefrom in accordance with 2 Pa.C.S.A. § 751.
6. 
Time for Demand for Hearing. Any party desiring a hearing pursuant to Subsection 4 of this section shall make demand therefore:
A. 
In the Case of the Applicant. Within 10 days of having received notice from the Township or from an owner of a residential domestic water supply well within the hydrologic environment of the applicant's well or well cluster and within 60 months from the date any applicant's Class 2 or Class 3 well or well cluster is put in full production, having allegedly suffered an adverse effect to the owner's well.
B. 
In the case of an owner of a residential domestic water supply well beyond the hydrologic environment of the applicant's well or well cluster and/or an owner of a residential domestic water supply well suffering an adverse effect more than 60 months after applicant's Class 2 or Class 3 well or well cluster is put in full production. Within 10 days of having received notice from the applicant that the applicant denies responsibility for the adverse effect to the owner's well.
7. 
Applicant to Provide Remedy for Adversely Affected Wells. In the event that it is finally determined pursuant to the provisions hereof that applicant is responsible for an adverse effect to a residential domestic water supply well, then applicant shall alleviate the problem, all at no expense to the affected property owner(s), so as to furnish reasonable quantity and quality of water. Applicant shall supply potable water to the property owner(s) until the corrective work is completed and shall reimburse the property owner(s) for their cost of securing potable water prior to applicant doing so. The applicant shall alleviate the adversely affected water supply by either deepening an existing well, drilling a new well or connecting the affected property owner to the public water supply so as to furnish reasonable quantity and quality of water for domestic use. The connection of an affected property owner to the public water supply shall be at the property owner's election, except where the adverse effect is determined to be the presence of hazardous materials that cannot be remedied by deepening or replacing the well, in which case the applicant shall connect the property owner's house to a public water supply.
8. 
Application of Security to Remedy Adversely Affected Wells. In the event applicant does not commence to remedy the adversely affected water supply within five days, of when it is finally determined pursuant to the provisions hereof that applicant is responsible for an adverse effect to a residential domestic water supply well, the Township may draw down the financial security posted pursuant to Subsection 2 of this section and apply such security to take whatever action which Township deems is necessary to cure the problem. In the event that the financial security is not sufficient to cure the problem, Applicant shall be responsible for any additional expense including legal, engineering and administrative costs, which are incurred in curing the problem.
9. 
Return of Applicant's Security. Sixty months after the date any applicant's Class 2 or Class 3 well or well cluster reaches full production, the applicant, upon written request, shall have all financial security posted with the Township pursuant to this part returned to the applicant, except such security as may be necessary to remedy any pending claims of adversely affected wells which have not been finally determined pursuant to the provisions hereof.
[Ord. 216, 5/18/2004, Art. VIII; as amended by A.O.]
1. 
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
2. 
For the purpose of this part, each day of a continuing violation shall be considered a new and additional violation of this part.
3. 
The Township may at its option, in addition to any other remedies available to it, institute an action in equity to enjoin, or any other appropriate action or proceeding, to restrain or prevent any violation of the provisions of this part.