[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 10-7-1986 as Ord. No. 210, approved 9-2-1988. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Borough of Matamoras Well Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- MUNICIPAL AUTHORITY
- The Municipal Authority of the Borough of Matamoras, duly created pursuant to the Articles of Incorporation issued on the 12th day of July 1977, or its successors.
- WATER WELL
- See "well."
- A hole or shaft sunk into the earth by digging, drilling, boring or otherwise in order to obtain water from a subterranean source or supply.
The digging, drilling, boring or other creation of any water well within the Borough of Matamoras or the use for any purpose of the waters therefrom is hereby barred and prohibited.
[Amended 12-30-1975 by Ord. No. 174, approved 12-30-1975; 9-6-1988 by Ord. No. 217]
Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than six hundred dollars ($600.) per day, undergo a period of imprisonment not to exceed thirty (30) days, or both. Each day a violation is continued shall constitute a separate offense. All fines shall be paid to the Borough of Matamoras for its general use.
In the event that any water well is or is begun to be dug, drilled or bored or otherwise created, the Borough Council or, with its approval, the Zoning Officer, in addition to the other remedies, may institute and prosecute in the name of the Borough of Matamoras any appropriate action at law or in equity to prevent, restrain or abate any such violation or attempted violation of this chapter. In the event that any such action or proceeding is brought, the costs, expenses and reasonable attorney's fees incurred by the Borough of Matamoras in the bringing and prosecution thereof shall be recoverable in such proceeding.
The terms and provisions of this chapter shall not apply to the Municipal Authority of the Borough of Matamoras or its successor.