[Adopted 4-18-2006 by Ord. No. 394]
A.
The Montgomery County Health Department (MCHD) initially
found six residential wells contaminated with TCE at levels above
the Safe Drinking Water Act's medium specific concentration (MSC)
in an area of Upper Pottsgrove Township located along Farmington Avenue
from the intersection of Wilson Street to the intersection of North
State Street, parts of Hanover Drive, Irwin Place, Willow Street,
North Hanover Street, Steinmetz Road, Commerce Drive, and Heather
Place, collectively known as the "Wolf Run Area" (Area).
B.
In December of 2003, the Department of Environmental
Protection (DEP) began providing bottled water to the impacted residents
of the Wolf Run Area and verified MCHD's findings.
C.
Following additional sampling, the DEP determined
that 111 private wells had some detectible level of trichloroethylene
(TCE) contamination.
D.
The DEP has determined that the Area has been affected
by a groundwater plume of an unknown source with high concentrations
of TCE in over 100 residential drinking water wells.
E.
The Township, the DEP and the MCHD, in the interest
of health, safety and welfare of those residents located in the Wolf
Run Area, have reached a consensus that the only viable, cost-effective
solution to the TCE contamination problem is to provide public water
to the residents located throughout the Area.
F.
The DEP, through its statement of decision dated May
6, 2005, has detailed a proposed response to the public health and
safety concern.
G.
The Township is currently in negotiations with the
Superior Water Company and the Pottstown Borough Authority in order
to reach an agreement for the construction of appropriate water main
extensions and other appurtenances thereto ("improvements") in order
to service all residents located within the Wolf Run Area.
H.
Through funds provided by the DEP, Upper Pottsgrove
Township and other contributors, public water service will be provided
to the homes in the Wolf Run Area.
I.
The individual properties in the Area will not be
responsible for any costs associated with the construction of the
improvements, the connections to the improvements, or the existing
waterline, if such property owners opt to connect within 60 days of
enactment of this article or within 60 days following written notice
by the Township of the availability of a public water supply, whichever
is later.
J.
The individual property owners who choose not to connect
to the improvements or to the existing waterline within the requisite
time frame shall hereafter be responsible for paying all costs associated
with the connection to the existing waterline or improvements, unless
the Township deems that an adequate public water supply is not available
to the property, necessitating the need for a pump and pressure tank
system.
[Amended 4-7-2008 by Ord. No. 424]
K.
The Board of Commissioners of Upper Pottsgrove Township,
after due consideration of the proposed article at a duly advertised
public meeting, has determined that the health, safety and general
welfare of the residents of Upper Pottsgrove Township, and particularly
the residents located within the Wolf Run Area, will be served by
requiring the connection of residents located within the Area to the
existing or soon to be constructed waterline.
A.
All properties listed in Exhibit A,[1] which is attached hereto and incorporated herein, upon which existing habitable dwellings have already been constructed, shall have the right to immediately connect to the proposed waterline at no cost to the property owner. In the event any property owner fails to connect in a timely fashion as described by § 342-30I, such connection shall be required upon the earlier happening of one of the following events:
(1)
Sale or voluntary or involuntary transfer of the property;
(2)
The failure or malfunction of the property's on-site
water supply; or
(3)
The application of a well permit to the Montgomery
County Health Department from the property owner.
[1]
Editor's Note: Exhibit A is on file in the
Township's offices.
B.
New buildings or structures to be connected to the
pubic water supply shall be connected prior to habitation, occupancy
or use, and no certificate of occupancy shall be issued for such improved
property unless and until it has been connected to the public water
supply.
C.
Existing homeowners on Hanover Drive, whose water
has not tested positive for contamination, shall be exempt from having
to connect to the improvements or the existing waterline, if it has
been shown that there is inadequate water pressure, thus causing the
need for a pump and pressure tank system. Such exemption shall continue
until the property tests positive for contamination, or it can be
shown that water pressure has been increased and is satisfactory for
use without the need for a pump and pressure tank system.
[Added 4-7-2008 by Ord. No. 424]
D.
Once a connection to the public water supply has occurred,
as described in this article, no property owner shall disconnect from
the Improvements or the existing waterline. In addition to other penalties
permitted under this article, any property owner who disconnects from
the waterline shall be responsible for reimbursing the Township all
costs associated with the connection to the public water supply, including
but not limited to the cost of excavation, connection at the water
main, installation of all piping, and all tapping fees. The property
owner shall also be responsible for all costs associated with the
reconnection of the property to the public water supply system.
[Added 4-7-2008 by Ord. No. 424]
[Amended 4-7-2008 by Ord. No. 424]
The individual property owner in the area shall
not be required to pay any costs associated with the construction
of the improvements, the connection to the improvements, or the existing
waterline provided he/she connects to the public water within 60 days
of either the passage of this article, or within 60 days following
written notice, by the Township, of the availability of a public water
supply. Those property owners who do not hook up to the available
public water supply within the time frame specified above, or property
owners who connect to the public water supply and then later disconnect,
shall thereafter be solely responsible for reimbursing the Township
all applicable costs normally contemplated with the connection to
the public water supply, including but not limited to the costs of
excavation, connection at the water main, installation of the necessary
pipes, connection to the water system of the residence, installation
of a water meter, and all necessary tapping fees.
[Amended 4-7-2008 by Ord. No. 424]
Property owners connected to the public water
supply may continue the use of their existing wells for outside nondrinking
purposes only, subject to any applicable provisions of the public
water suppliers. The Township shall retain all authority to enforce
the terms of this article and require connection to the improvements
or existing waterline, unless otherwise excluded under this article.
Regulations from the MCHD shall control the
disconnection and abandonment of private wells. In the event a well
is disconnected and abandoned, the internal water and plumbing system
of any improved property serviced by a private water system or on-lot
water system shall be immediately disconnected. Upon connection of
such building to the public water system, there shall be no cross
connection of any private water system or any on-lot water system
with the water system. If the owner chooses not to comply with any
of the requirements for the abandonment of a private well, then the
Township or its authorized agent shall have the right, upon notice
to the owner and occupant of the improved property, to enter the premises
to inspect the plumbing and all points of connection to the water
system or possible points of connection to the private water system
to assure that no cross-connection exists. In the event that the owner
or occupant of an improved property for whose property this section
applies and who has not disconnected and abandoned their private well
refuses to allow such inspections, then that owner shall immediately
be required to disconnect and abandon his or her private well in the
manner set forth in this section.
Property owners will be required to grant temporary
construction easements and permanent utility easements as a condition
of connecting to the water supply.
Property owners choosing not to connect within
60 days after Township's notice to connect will be required to execute
a recordable agreement at the sole expense of the property owner indemnifying
and holding the Township, the DEP, and the public water supplier harmless
in the event that their well causes public or private health or safety
concerns, and also providing future property owners notice of the
existing contamination.
The Township and the public water supplier shall
have a right of inspection for all connections to the public water
supply.
All connections shall be subject to the public
water supplier's specifications, including, but not limited to, cross-connection
control and backflow prevention and the Safe Water Drinking Act of
1974. It is declared that an enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of the Township.
In the event that a property owner shall neglect
or refuse to allow the connection with the said public water system
in violation of any provision of this article for a period of 90 days
after notice, the Township or its agents may enter upon said property
owner's property and construct said connection and impose the costs
of such connection upon the property owner. A lien in the amount may
be recorded against the property that is benefitted by the improvements.
No person shall maliciously, willfully or negligently
damage, destroy, deface, block or otherwise tamper with any water
main or other structure or equipment which is part of the water supply
system. Any person violating this section shall be in violation of
this article.
The Township reserves the right to adopt from
time to time additional rules and regulations as it deems necessary
and proper relating to connections to and use of the water system,
which rules and regulations shall be construed as part of this article.
Any notice required by this article shall be
given to the property owner either by personal service or by certified
mail, return receipt requested, concurrently with first class mail.
The mailing date of the notice shall be considered the date of service
and service, shall be presumed to duly given if the notice is not
returned "undeliverable" by the post office.
In addition to any other remedy available under
law or equity any person convicted of a violation of this article
shall be subject to a criminal fine in an amount not to exceed $1,000
per day per violation or suffer imprisonment for a period of not more
than 30 days, or both, together with costs of prosecution. Each twenty-four-hour
period during which failure to comply continues shall constitute a
separate offense. Enforcement of this article shall be brought by
action through a District Justice in the same manner provided for
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure. The Township Solicitor may assume charge of the prosecution
without the consent of the District Attorney. All fines and penalties
collected for violation of this article shall be paid over to the
Township Treasury. Nothing in this section shall prohibit the Township
from enforcing the provisions of this article by any other remedy
available at law or in equity, and the remedies provided herein shall
be cumulative and concurrent.
