For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
Indoor and outdoor use of water for human consumption, including
drinking, preparing food, bathing, washing clothes and watering the
yard and garden.
The officers or other legally designated authority of Muhlenberg
Township charged with the administration and enforcement of this article
or their duly authorized representatives.
Water which is present, flowing or located below the surface
of the earth.
A well and all appurtenances thereto for the delivery of
groundwater for use, including pumps and piping.
Any well which is connected to a subsurface reservoir and
equipped with a power pump capable of yielding 10,000 gallons per
day, the equivalent of seven gallons per minute, or any well which
will be equipped with a fifteen-gallons-per-minute submersible pump
or a larger conveying pump unit.
Any institution, public or private corporation, individual,
partnership or other entity. This shall include the owner of the premises
as well as any "person" working for the owner as agent or a contractor
building for the owner.
A written permit issued by the Engineering and Codes Department,
permitting the construction of a groundwater supply system.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other method.
A.
This article applies to all groundwater
systems intended or used for supplying groundwater for domestic purposes,
except that it shall apply in conjunction to those wells which are
licensed or subject to approval by a state agency as public or community
water supplies.
B.
From and after the effective date
of this article, no person or persons shall commence the construction,
alteration or extension of any kind or of any nature whatsoever of
a groundwater supply system without first making application for a
water permit to the Engineer and receiving approval of same. In the
event a building is proposed to be constructed, the application for
a water permit shall accompany the application for a building permit.
C.
The Engineer shall prescribe in writing and deliver to the applicant the minimum specifications for an individual groundwater supply system as set forth in § 340-13 of this article and which are based on the minimum standards of the federal regulation mandated by the United States Environmental Protection Agency (USEPA) and of the Commonwealth of Pennsylvania Department of Environmental Protection (PADEP) in effect at the time of the application.
D.
In the event that a water permit
is issued by the Engineer, it is specifically required that the system
constructed upon the premises in question shall not be closed nor
operation of said system be permitted until said installed system
has been inspected by the Engineer and/or Plumbing Inspector. In the
event that said installation complies with the requirements of this
article, the Plumbing Inspector shall so advise the owner in writing.
E.
If upon inspection the Engineer
and/or Plumbing Inspector determines that the installed system does
not meet these specifications, the Plumbing Inspector shall so specify
the defects in said installed system by writing to the applicant.
The applicant shall not put the system into operation until such defects
have been corrected and until such system has been reinspected and
approved by the Engineer and/or Plumbing Inspector. There shall be
an additional fee charged for each reinspection of an installed system
where such reinspection is necessary for the reason set forth above.
F.
It shall be the duty of the owner
or occupant of a premises to give the Engineer and/or Plumbing Inspector
free access to the property at reasonable times for the purpose of
making such inspections as are necessary to determine compliance with
the requirements of this article.
A.
All applications for permits shall
be made to the Engineer, who shall issue a permit upon compliance
by the applicant with provisions of this article and any regulations
adopted hereunder.
B.
The Engineer may refuse to grant
a permit for the construction of an individual groundwater supply
system where public or community water supply systems are reasonably
available.
C.
Applications for water well permits
shall indicate in writing the intended use of the well, proposed daily
average yield based on maximum flow rate. The maximum flow rate shall
take into account total water consumption for a fire-suppression system.
The Engineer shall determine if the need for additional subsurface
investigations are required.
D.
Water wells which meet the category defined as "large volume producing well" shall provide additional subsurface geological studies as delineated in § 340-9F.
E.
Water well used for a single residential
dwelling and operated by a submersible pump yielding less than 4,000
gallons per day shall include the following information as part of
the permit application:
(1)
Name and address of the applicant.
(2)
Lot and block number of property
on which construction, alteration or extension is proposed.
(3)
Complete plan of the proposed water supply facility, with substantiating data as necessary attesting to its compliance with the minimum standards as set forth in § 340-13 of this article. A complete plan shall include:
(a)
The number, location and
size of all water supply facilities to be constructed, altered or
extended.
(b)
The location of existing
or proposed sewage disposal facilities, buildings, dwellings, adjacent
lot lines.
(c)
Plans of the proposed groundwater
supply system to be constructed, altered or extended.
F.
Subsurface geological study and testing. All water supply wells which are categorically defined as "large volume producing wells" and proposed to be installed for residential community, commercial or industrial sites shall provide a subsurface investigation study followed by conducting a drawdown test to establish the operating limits for which the water supply well functions. The applicant will be required to complete, in addition to the information required in §§ 340-8 and 340-9, a geological evaluation and testing study.
(1)
A study shall be completed
by a Pennsylvania-licensed professional geologist (PG) and a report
submitted with the permit application indicating the result of the
study. The study shall include the following information:
(a)
Site location: address
of property, Berks County Tax ID/parcel number.
(b)
A plan prepared by a Pennsylvania-licensed
professional engineer (PE) or Pennsylvania-licensed land surveyor
(PLS), showing the location of all structures, topography of the site,
location of existing features such as existing municipal water distribution
system, private and publicly owned water-producing wells, on-lot sewage
disposal systems, underground utilities, property lines, neighboring
wells, and any other pertinent features of the property and adjacent
properties.
(c)
The geologic formation
underlying the site.
(d)
Approximate depth to bedrock.
(e)
Hydrogeological characteristics
of the bedrock formation and aquifer(s) associated with the bedrock
underlying the site, including average depth to water below ground
surface, based on literature and actual depth to water readings from
area wells.
(f)
Provide historical data
analyses for neighboring water wells. The data shall include at a
minimum the following information:
[1]
Water well casing and
pump depth based on site topography.
[2]
Well casing size and
material specification.
[3]
Average and peak daily
flow.
[4]
Recent water analyses
by a licensed laboratory using EPA-certified lab method of analyses
such as water hardness, turbidity, color, odor, dissolved oxygen,
pH, total coliform bacteria, fecal coliform bacteria, nitrate and
nitrogen.
[5]
Recent pollutant test
for metals, volatile organic compounds (VOC), radium and pesticide.
(g)
Anticipated yield of the
proposed well.
(h)
Anticipated water demand
and water use type for the property.
(i)
Recommended well depth
and special well construction considerations, if any.
(j)
Provide selected pump characteristic
diagram showing the required desirable flow, discharge pressure and
horsepower required to operate the motor.
(k)
Pennsylvania-licensed professional
geologist's assessment of whether the aquifer associated with the
bedrock unit will be able to supply the required water peak demand
for extended time at a minimum 48 hours of the property's maximum
operating requirement. The forty-eight-hour maximum demand test will
take into consideration adjacent and other nearby water use without
significantly affecting the existing water supply wells in the area.
This assessment shall include sufficient calculations and references
to back up the PG's opinion. The assessment shall also include calculations
considering normal precipitation year versus one-in-ten drought year.
(l)
Groundwater quality based upon actual groundwater samples collected from nearby existing on-site or adjacent property wells which withdraw water from the same aquifer as the proposed well shall be determined. The well water samples shall be collected at the conclusion of the required well pump test as described below. The water quality analyses shall include at a minimum all parameters included in Subsection F(1)(f)[4] and [5]. Other parameters shall be considered based on proximity to known existing and former industrial sites. The Township reserves the right to require additional parameters based upon knowledge of potential contamination in an area or based upon proposed use.
(2)
Pump testing:
(a)
Pump testing shall be completed
to ensure that the aquifer is capable of supplying that volume on
a continuous basis without significant impact to the aquifer, surrounding
water supplies and surface waters. For water use demand greater than
6.94 gallons per minute (gpm) [10,000 gallons per day (gpd)] and less
than 13.888 gpm (20,000 gpd) on average over a thirty-day period,
the long-term test shall be a minimum of forty-eight-hour pump test
of the proposed well once installed or of another nearby well which
is constructed similarly to the proposed well or of a test well installed
specifically for the purpose of the testing. For proposed withdrawals
greater than 13.888 gpm (20,000 gpd) the long-term pump test duration
shall be increased to a minimum of 72 hours. A step test to determine
the rate at which the long-term test is to be run shall be completed
prior to the long-term testing. A predrilling and pump test plan shall
be submitted to the Township for review prior to the work on the testing
commencing. The results of the pump testing shall be included in a
report which shall include calculations to determine at a minimum
the aquifer's specific conductivity and transmissivity and the resulting
conclusions as to the aquifer's capability and safe well yield in
support of the PG's determination as described above.
(b)
In cases where a test well
or the actual proposed well will be used for the testing, the Township
will issue a well construction permit for the installation of such
well based on the information provided by the applicant in preparation
for the required testing as designated herein and should be included
in the well construction permit application. Should the testing indicate
(due to any circumstance) the well or well water cannot be permitted
to be used, the test well or actual well will be required to be adequately
abandoned per Pennsylvania state requirements. Wells installed as
a test well(s) that will then be modified to a production well(s)
shall be modified to the specifications herein and the scope of the
modification included in the well construction permit application.
(c)
An appropriate number of
monitoring sites shall be established as a monitoring network for
the pump testing. These sites shall include adjacent and nearby wells,
surface water bodies and wetlands. The monitoring network shall be
established and presented in the pump test plan submitted to the Township
for approval.
(d)
Upon submission of the
above-specified information and forms, along with the Township designated
application fee, the Township will review the application or have
the application reviewed for issuance or denial. No well, as specified
herein, shall be constructed within a commercial or industrial facility
site prior to the issuance of the well construction permit. Installation
of a well under a Township-issued well construction permit shall be
installed/constructed per this chapter and as described below. The
Township shall be given 72 hours' notice prior to the commencement
of the installation/construction of a water supply well.
G.
Any person whose application for
a permit under this article has been denied may request and shall
be granted a hearing on the matter before an appeals board comprised
of the Township Manager, the Township Solicitor and one other person
qualified by experience appointed by the Township Manager within 30
days after receipt of the request.
The Engineer shall prepare and submit to the Board of Commissioners
a schedule of fees to be paid by the applicant for services to be
rendered with respect to inspection of plans, final inspection of
installation, reinspection of premises if required, and extensions,
alterations, modifications and/or changes to existing systems. The
schedule of fees so submitted by the Engineer shall be subject to
the approval of the Board of Commissioners, and any revisions thereof
must be approved by the Board of Commissioners.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000 plus the costs of prosecution and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days.
In any case where a provision of this article is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or code of Muhlenberg Township existing on the
effective date of this article, the provision which establishes the
higher standard for the promotion and protection of the health and
safety of the people shall prevail. In any case where a provision
of this article is found to be in conflict with a provision of any
other ordinance or code of Muhlenberg Township existing on the effective
date of this article which establishes a lower standard for the promotion
and protection of the health and safety of the people, the provisions
of this article shall be deemed to prevail, and such other ordinance
or codes are hereby declared to be repealed to the extent that they
may be found in conflict with this article.
The following standards shall apply to individual water supplies:
A.
Drilled and driven wells.
(1)
Location.
(a)
The source of supply shall
be from a water-bearing formation drawn not less than 20 feet from
the ground surface and from no formation which is subject to pollution.
(b)
Drilled and driven wells
shall be located at a point free from flooding and at a higher elevation
than, and at the following minimum distances from, existing or proposed
subsurface sources of pollution:
|
Source of Pollution
|
Minimum Distance
(feet)
| |
|---|---|---|
|
Storm drains
|
25
| |
|
Sewer and drains carrying domestic sewage or industrial wastes
|
50
| |
|
Except cast iron or equal
|
10
| |
|
Septic tanks
|
50
| |
|
Subsurface sewage disposal fields
|
100
| |
|
Sewage seepage pits, cesspools
|
100
| |
|
Privies
|
50
| |
|
Other (ditches, streams, barnyards rainwater pits, etc.)
|
As approved
| |
(2)
Construction.
(a)
Casing.
[1]
The well shall have
a watertight and durable wrought iron, steel or other type of approved
casing of a minimum thickness of 3/16 inch. The sections shall be
joined together by threaded couplings or joints or by welding or any
other watertight approved joint or coupling.
[2]
The casing shall be
carried to a minimum depth of 20 feet and then extended an additional
five feet into bedrock or other impervious strata. Driven wells shall
be provided with a drop pipe or effective casing.
[3]
An annular space shall
be provided between the well casing and the earth formation of a radius
at least one inch greater than the casing radius, excluding coupling
for internal pressure grouting, or two inches greater than the casing
radius, excluding coupling for external grouting. The annular space
shall be completely filled with impervious cement grout or equivalent
sealing material to the top of the water-bearing formation, bedrock
or other impervious strata or otherwise to a depth of at least 20
feet.
[4]
The casing shall be
sealed effectively against entrance of water from water-bearing formations
which are subject to pollution and through which the casing may pass.
If casings of smaller diameter are used in the lower portions of the
well, effective watertight seals shall be provided between the casings
where they telescope. In such instances, sections of casing shall
telescope for a minimum distance of four feet.
(b)
Screen. A screen shall
be installed when necessary in the water-bearing formation with sufficient
length and size openings such as to provide for effective development
of the well to ensure maximum quantity of available water free of
particulate matter.
(c)
Surface installations.
The ground surface at the well shall be elevated above the adjacent
land level and graded to drain away for at least six feet in all directions
from the casing. A watertight reinforced concrete platform at least
four inches thick and extending for at least two feet in all directions
from the center of the casing shall be poured around the casing to
provide an effective watertight seal with the casing or shall be made
watertight with an effective permanent seal. The surface of the platform
shall slope to the edges. The casing shall extend through the slab
for at least 12 inches and shall be effectively sealed against the
entrance of contamination.
(d)
Subsurface installations.
Where installations are used which have the casing terminating below
the ground surface, either pit installations or pitless installations
as described below shall be used.
[1]
Pit installations.
[a]
Pits are to be used
only when pit area is required for storage of tank or pump; otherwise
surface installations or pitless installations are to be utilized.
Where well pits are used, such pits shall be maintained free of water
at all times. The floor of the pit shall be a watertight reinforced
concrete platform at least four inches thick, poured around the casing
and provided with an effective watertight seal. The floor of the pit
shall extend at least two feet from the center of the casing in all
directions. The casing shall extend above the floor for at least 12
inches.
[b]
The surface of the
floor shall be pitched toward a drain which has a minimum diameter
of four inches and discharges by gravity to the surface of the ground
in an area not subject to flooding or to a basement which is effectively
protected against flooding. Drain openings shall be effectively screened
to prevent the entrance of insects and rodents. The drain shall not
be connected to any sewer or other drain.
[c]
The pit shall have
watertight reinforced concrete walls four inches thick or equivalent,
which provide for an effective watertight seal against the floor.
[d]
The top of the pit
shall be a watertight reinforced, monolithic concrete slab at least
four inches thick, which shall be sealed with the walls such as to
effectively prevent the entrance of water. The top of the pit shall
not be more than six inches below the ground surface. A durable watertight
manhole shall be installed in the top of the pit, centered over the
casing and effectively sealed with the top to prevent the entrance
of water. The manhole shall be at least 24 inches in diameter. It
shall extend at least three inches above the surrounding ground surface
and be covered by an impervious durable cover of concrete, steel or
equivalent material which overlaps the manhole vertically by at least
two inches. The manhole cover shall be effectively secured to the
manhole by bolting, locking or equivalent means and shall be kept
so secured.
[e]
Pit installations
shall not be used in areas subject to flooding by groundwater or surface
water or where the groundwater level rises to within five feet of
the ground surface. Where pipes enter the pit, the annular space between
the pipes and the wall shall be effectively sealed by a watertight
permanent seal.
[2]
Pitless installations.
[a]
Where pitless installations
are used, they shall be of a design which provides an effective seal
against the entrance of groundwater or surface water into the well,
access casing and into the piping leading to the pump. All buried
suction lines shall be effectively encased.
[b]
Pitless installations
must be so designed as to be structurally sound and to provide for
ready removal of drop piping without excavation. The access casing
shall be effectively protected against corrosion and shall extend
at least six inches above the natural ground surface and to a point
below the frost line. The ground level at this point shall be elevated
above the adjacent land level and graded to drain away in all directions.
The top of the access shall be effectively sealed against the entrance
of water, insects and rodents. Where venting is required, an overlapping
cover or a pipe with the opening facing downward shall be used. In
no case shall such openings be less than 12 inches from the ground,
and such openings shall be effectively protected against the entrance
of insects and rodents.
[c]
Pitless installations
shall not be used in areas subject to flooding by groundwater or surface
water or where the groundwater level rises to within five feet of
the ground surface or in areas used by automobiles and other vehicles.
B.
Dug and bored wells.
(1)
Location.
(a)
The source of water supply
shall be from a water-bearing formation drawn not less than 20 feet
from the natural ground surface and from no formation which is subject
to pollution.
(2)
Construction.
(b)
Pits. Where pits are used over dug or bored wells, such pits shall meet the requirements of Subsection A(2)(d)[1] above, except that the floor of the pit shall extend not less than two feet beyond the outside edge of the casing.
(c)
Slab. The area around
the well shall be graded away in all directions for a distance of
at least three feet from the outside edge of the casing. A watertight
reinforced concrete platform at least four inches thick and extending
at least two feet beyond the outside edge of the casing shall be placed
on top of the casing so as to provide effective protection against
surface water pollution. The surface of the platform shall slope to
the edges. A pipe sleeve sized so as to permit the passage of the
pump cylinder or drop pipes shall extend at least 12 inches above
the top of the slab and provide an effective watertight seal with
the slab and the pump. Where manholes are used in well slabs, the
cover shall be watertight, durable, overlapping and tight-fitting,
of reinforced concrete or equal. The manhole shall be at least 24
inches in diameter. It shall extend at least three inches above the
surrounding ground surface and be covered by an impervious durable
cover of concrete, steel or equivalent material which overlaps the
manhole vertically by at least two inches. The manhole cover shall
be effectively secured to the manhole by bolting, locking or equivalent
means and shall be kept so secured.
C.
Springs.
(2)
Construction.
(a)
Springs shall be completely
enclosed by walls and a cover of reinforced concrete or equally durable
watertight material. The cover shall have a firm foundation so as
to effectively prevent settling. The uphill wall shall be so constructed
as to prevent the entrance of surface water. Where manhole covers
are used, the manhole shall be at least 24 inches in diameter. It
shall extend at least three inches above the surrounding ground surface
and be covered by an impervious durable cover of concrete, steel or
equivalent material which overlaps the manhole vertically by at least
two inches. The manhole cover shall be effectively secured to the
manhole by bolting, locking or equivalent means and shall be kept
so secured.
(b)
Diversion ditches to effectively
prevent the entrance of surface water from higher elevations shall
be constructed to divert such water around the spring to a location
below the structure.
(c)
Vents shall open downward
and be screened so as to prevent the entrance of insects and rodents
or other animals.
(d)
Overflow and discharge
piping shall be so located and/or constructed as to prevent backflow
and shall be so protected as to prevent the entrance of insects and
rodents and other animals. Where the discharge of a spring is made
available for public use, approved drinking facilities shall be provided
or the discharge shall be directed downward. Where such spring is
not approved as a source of water for human consumption, the discharge
shall not be readily accessible to the public.
(e)
Drainage from discharge
piping, overflow or drinking fountain outlets shall be constructed
to effectively carry away all water without ponding.
D.
Cisterns and water storage tanks.
(1)
Location. Cisterns and water
storage tanks shall be located in an area free from flooding. Sewers,
building drains, soil or waste pipes shall not be located above cisterns
or water storage tanks or in such a location or position that, as
a result of structural failure or leakage of the sewer drain or pipe,
their contents can come in contact with a cistern or water storage
tank. Cisterns or water storage tanks located in the ground shall
be located at a higher elevation than and not less than 50 feet from
any potential or existing source of pollution, except that sewers
of cast iron or equal may be located at a minimum distance of 25 feet.
(2)
Construction.
(a)
Provisions shall be made
for the effective diversion or removal of the first washings of rainwater
entering the cistern.
(b)
Cisterns and water storage
tanks shall be constructed of watertight, durable, structurally sound
material, with a smooth interior surface.
(c)
Openings with covers sufficient
to permit cleaning shall be provided on all cisterns and water storage
tanks. The manhole shall be at least 24 inches in diameter. It shall
extend at least three inches above the surrounding ground surface
and be covered by an impervious durable cover of concrete, steel or
equivalent material which overlaps the manhole vertically by at least
two inches. The manhole cover shall be effectively secured to the
manhole by bolting, locking or equivalent means and shall be kept
so secured.
(d)
Where pumps are installed
on top of cisterns or storage tanks, a pipe sleeve sized so as to
permit the passage of the pump cylinder or drop pipes shall extend
at least 12 inches above the top of the slab and provide an effective
watertight seal with the slab and the pump or the drop pipe.
(e)
All openings shall be
protected to prevent the entrance of insects and rodents and other
pollutants.
(3)
Outlet, drain and overflow
pipes where provided shall not be connected directly to any sewer,
soil pipe, house drain or other waste pipe. Such drains shall discharge
at a point free from flooding through an atmospheric break such as
to effectively prevent backflow.
E.
Abandoned water supplies.
(1)
Wells, springs, cisterns
and water storage tanks which are no longer in use shall be removed,
filled or otherwise maintained in a condition such as to prevent access
by unauthorized persons or animals, to prevent accidental injury and
to effectively prevent pollution of the groundwater. Abandoned wells
shall be completely filled with puddled clay or equal.
(2)
Wells and springs may not
be used for the disposal of liquid, gaseous and/or solid wastes except
as specifically authorized by the Pennsylvania Department of Health.
F.
Pumps and other equipment.
(1)
Hand pump installations.
(a)
The pump head shall be
designed and constructed to prevent contamination from reaching the
water chamber and other interior surfaces of the pump.
(b)
The pump base shall be
designed and constructed to provide an effective watertight seal with
the well casing or stored water reservoir.
(c)
The pump cylinder or foot
valve shall be installed below the pumping level of the well.
(d)
The pump shall be designed
where necessary for frost protection drainage within the well.
(e)
The pump installation
shall be designed to facilitate necessary maintenance and repair,
including overhead clearance for removing rods and pipe.
(2)
Power pump installations.
(a)
The base of a power pump
installed directly over a well casing or pipe sleeve shall be designed
to provide an effective watertight seal with the casing or pipe sleeve.
(b)
All power pumps shall
be installed on a firm base in an area free from flooding.
(c)
Where power pumps are installed in pits, they shall meet the requirements of Subsection A(2)(d)[1] above, except that the pit shall be ventilated with a pipe of a diameter of at least 1 1/2 inches which opens downward and is screened to prevent the entrance of insects or rodents. The opening of such a vent pipe shall be not less than six inches above the surrounding ground surface.
(d)
Location and installation
of the pump and all related equipment shall permit convenient access
and removal, maintenance and repair.
(e)
Underground suction piping
in contact with the ground shall be installed inside a larger pipe
which is effectively protected against the entrance of groundwater
or surface water and which drains to a point free from flooding.
(f)
Where casing air vents
are used in a pit installation, the opening shall be not less than
two feet from the floor and shall be turned downward and screened
to prevent the entrance of insects and rodents. Where a casing air
vent is used on surface installations, the vent shall:
(g)
The pump suction opening
shall be placed at least two feet below the maximum drawdown of the
water in the well.
G.
Disinfection. Following completion
of construction of an individual water supply and installation of
the pumping equipment or alterations, repair or maintenance work,
the well shall be pumped continuously until the water discharged is
clear. The well, pump, piping system and other fixtures shall be filled
with water containing a concentration of not less than 50 parts per
million of available chlorine, and the water shall not be used for
a period of at least 12 hours. Other combinations of concentrations
and time intervals may be used as are demonstrated to be equally effective.
