[Adopted 4-24-1989 by Ord. No. 197 (Ch.
26, Part 1, of the 1993 Code)]
The purpose of this article is to protect and
preserve the underground water supply in Upper Pottsgrove Township.
No person or other entity shall drill a well
within Upper Pottsgrove Township for the purpose of withdrawing water
without a permit issued in accordance with this article and the rules
and regulations promulgated hereunder.
The following words or phrases, when used in
this article, shall have the meaning set forth in this section:
All acts necessary to construct wells.
Upper Pottsgrove Township, Montgomery County, Pennsylvania.
Waters of underground streams, channels, artesian basins,
and other bodies of water in and under the ground.
Any excavation that is drilled, dug, or otherwise constructed
for the location, diversion, or acquisition of underground waters.
Any water well contractor, his employees or representative
in charge of drilling a well.
There shall be two types of permits.
A.
A Class A permit shall be required for a well for
withdrawal of 500 gallons or more per day and for a well (whether
individual or community) in a future subdivision or land development
having 20 or more lots or units.
B.
A Class B permit shall be required for all other wells
for the purpose of withdrawing water.
[Amended 3-10-1997 by Ord. No. 278]
A.
Written application shall be made to the Township
on forms supplied by it. The application shall indicate:
B.
In addition to the foregoing requirements, an application
for a Class A permit shall be accompanied by a geohydrologic report
containing pertinent data and analysis to determine the impact of
the proposed well or wells upon the underground water supply and the
use of wells in surrounding areas affected thereby. In addition, the
application shall indicate the design of the proposed well, the capacity
thereof, and shall contain a water quality analysis and a water quantity
analysis with sufficient data to support conclusions set forth therein.
C.
No Class A permit shall be issued unless the application
satisfactorily demonstrates that:
(1)
The proposed withdrawal, in conjunction with other
existing withdrawals in the Township, will not exceed safe withdrawal
limits.
(2)
The proposed withdrawal will not significantly impair
or reduce the flow of perennial streams in the Upper Pottsgrove Township
area.
(3)
Existing groundwater withdrawals will not be adversely
impacted.
(4)
There will be sufficient yield (at least four gallons
per minute for at least two consecutive hours of pumping, unless a
lesser yield is otherwise allowed by the Board of Commissioners for
separate wells proposed for individual lots).
[Amended 3-10-1997 by Ord. No. 278]
All wells for the withdrawal of water shall
be of the drilled type, cased and grout-sealed into the bedrock. Before
occupancy, the well driller shall furnish:
A.
A water quality analysis issued by a testing laboratory,
certified by the Pennsylvania Department of Environmental Protection
or other Pennsylvania state agency having jurisdiction; and
Fees required pursuant to this article shall
be fixed from time to time by resolution of the Board of Commissioners
of Upper Pottsgrove Township.
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
The Board of Commissioners of Upper Pottsgrove
Township may promulgate rules and regulations to implement this article.
This provisions of this article, and any rules
and regulations promulgated under this article, including the requirement
for a permit, shall not apply to any well for the purpose of withdrawing
water for which well a permit issued by the Montgomery County Health
Department or by the Pennsylvania Department of Environmental Protection,
or other Pennsylvania state agency having jurisdiction, is required.
