Township of Nockamixon, PA Protection Against Depletion of Existing Wells

§ 228-4 Assuring adequate water supply.

In order to assure the availability of an adequate water supply to support the intended land uses within the capacity of available water resources and to protect the aquifer, no development or change in use which estimates a significant increase in water use, regardless of size, shall be approved which will:

Reduce the site's attributed stream base flow by more than 50% of the Q750 using the following formula: Allowable withdrawal[1] = Base Site Area X Q750 X 0.5

[1]

Note: Formula obtained from the U.S. Army Corps of Engineers Philadelphia District/Final Market Feasibility Study, Tinictim Township, Bucks County Pennsylvania, Alternative Wastewater Treatment Solutions for Hamlets and Villages and Groundwater Monitoring Options (MPS Study, October 1996).

Reduce the water table or potentiometric surface in existing wells on adjoining properties by more than three feet at any time (i.e., during the test, after recovery, etc.)

§ 228-5 Responsibility for adverse effects to nearby wells.

The applicant seeking approval of a permit for a well related to a major subdivision or large land development 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; and shall establish financial security with the Township pursuant to § 228-6 of this chapter.

§ 228-6 Security.

An applicant seeking approval of a permit for a well related to a major subdivision or large land development shall deposit with the Township at the time of the issuance of the well utilization permit, financial security in an amount listed in the Nockamixon Township fee schedule times the number of all other groundwater wells located within 1,000 feet of the perimeter lot lines of the subdivision or land development. 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 business within Pennsylvania.

An applicant seeking approval of a permit for a well related to a minor subdivision or small land development shall not be required to post financial security to ensure well loss protection to surrounding wells. However, minor subdivision and small land development applicants shall be responsible for remedying adverse effects to property owners when such adverse effects are established pursuant to §§ 228-9 and 228-10. In addition, applicant shall be responsible for any additional expense including legal, engineering and administrative costs, which are incurred in curing the problem.

§ 228-7 Presumption of responsibility for adverse effect.

For a period of 60 months from the date any applicant's major subdivision or land development final well(s) is/are put in full production, the applicant shall be presumed to be responsible for any adverse effect to any residential domestic water supply well within 2,500 feet of the perimeter lot lines of the subdivision or land development.

§ 228-8 Right to hearing.

Any owner of a residential domestic water supply well who experiences an adverse effect to their water supply due to the installation and/or use of production wells related to a minor subdivision, major subdivision or large land development shall have the right to request a hearing.

§ 228-9 Procedure for hearing.

Any party desiring a hearing pursuant to § 228-8 of this chapter shall make demand therefore to the Township Administrator 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 or 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 there from in accordance with 2 Pa.C.S.A. § 751.

§ 228-10 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, 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 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 deepening an existing well, drilling a new well or connecting the affected property owner to the public water supply (if available) 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 (if available). If not available, water quality degradation must be corrected by the applicant by installation of appropriate treatment system to bring the water quality into compliance with this chapter.

§ 228-11 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, Nockamixon Township may draw down the financial security posted pursuant to § 228-6 of this chapter and apply such security to take whatever action the Township deems 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.

§ 228-12 Return of applicant's security.

Sixty months after the date any applicant's final well(s) in a major subdivision or large land development reaches full production, the applicant, upon written request, shall have all financial security posted with the Township pursuant to this chapter 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.