[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Hanover as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 477.
[Adopted 7-8-1986 by Ord. No. 86-2]
Except as exempted hereinafter at § 488-2, each person, firm, corporation or other entity who withdraws groundwater from a well with an inside diameter six inches or greater or from a group of wells shall meter and record their withdrawals and report such withdrawals to the Upper Hanover Authority. Withdrawals of groundwater shall be metered by means of an automatic continuous totalizing device, flow meter or other method capable of measuring accurately the quantity of groundwater withdrawn to within 2% of actual flow. Meters or other methods of measurements shall be subject to approval and inspection by the Upper Hanover Authority as to installation, maintenance, calibration and reading. Total volume of groundwater withdrawals shall at a minimum be recorded on a monthly basis and reported as monthly totals quarterly to the Upper Hanover Authority, in writing.
The following water uses and operations are
or may be exempt from the requirements of metering groundwater withdrawals:
A.
Single-family residence;
B.
Farm irrigation; "farm" herein shall be defined as
a parcel of real property, 10 acres or more, dedicated exclusively
to the raising of crops or animals, and not a plant, shrub or tree
nursery;
C.
Dewatering incidental to construction; and
D.
Situations where the Upper Hanover Authority, in its
sole discretion, shall find that full performance of installing such
meter will result in exceptional or undue hardship by reason of excessive
structural or mechanical difficulty or impracticality and then only
to the extent such exemption can be granted without impairing the
intent and purpose of this article.
An exemption certificate shall be issued by
the Upper Hanover Authority upon application for cause shown and in
accordance with the guidelines set forth in this article. A record,
open to inspection by the public, shall be maintained by the Upper
Hanover Authority of each and every exemption allowed under the terms
of this article.
Except as otherwise provided in this article,
each well or combination of wells subject to metering shall be connected
separately and independently with a meter approved by the Upper Hanover
Authority.
Any duly authorized representative of the Upper
Hanover Authority bearing the proper credentials and identification
is hereby empowered to enter, at reasonable times, all wells and premises
for the purposes of inspection, maintenance, calibration, measurement,
meter reading, testing or otherwise ascertaining whether the provisions
of this article are being violated.
A.
Any person, firm, corporation or other entity who
shall violate this article shall be liable, upon summary conviction
for the first offense, and upon summary conviction for each subsequent
offense, to a fine of not more than $1,000 together with costs of
prosecution in each case and, in default of payment of fine and costs,
to imprisonment for not more than 90 days. Each day that a violation
shall continue shall be deemed and shall be taken to be a separate
offense and shall be punishable as such.[1]
B.
Fines and costs imposed under the provisions of this
article shall be enforced and recoverable in the manner at the time
provided by applicable law.
