§ 195-3. Use of wells and abandonment of wells.

A. 

Within 60 days after notice from the Township to connect to the public water system, and in conjunction with such connection, a property's connection to a private well shall be disconnected. The disconnection shall include, without limitation, the disconnection of any internal water and plumbing system and any external water and plumbing system from the private well.

B. 

In addition to the well disconnection, the well shall be closed and the method of closure shall comply with any applicable regulations or requirements of the Montgomery County Health Department and DEP.

C. 

Pursuant to the terms of a grant from DEP to the Township, the cost of closure of the private wells for the properties listed in Exhibit A shall be paid by DEP. The foregoing notwithstanding, where the owner of a property listed in Exhibit A refuses to allow closure of the well on the property for a period of 90 days from the date of the Township notice to connect to the public water system, then the right of the property owner to receive payment of the cost of the closure of the well shall terminate, provided that the Township first gives 30 days' written notice of such termination to the property owner with opportunity for a hearing before the Board of Supervisors of the Township. In addition, if the property owner shall fail to perform or refuse to allow the disconnection and closure of the private well within 90 days from the date of the Township notice to connect to the public water system, the Township or DEP, or their agents, may enter upon such owners' property and perform the disconnection and closure as provided in § 195-4E, and the cost thereof shall be the responsibility of the property owner and a lien in the amount of the cost may be recorded against the property as provided in § 195-4E.

Editor's Note: Exhibit A, a list of properties and property owners, is on file in the Township offices.

D. 

Except as provided in § 195-4C above, the cost of disconnecting and closing the private well shall be paid by the property owner.

E. 

In the event that a property owner shall fail to perform or refuse to allow the disconnection and closure of the private well, the Township or DEP, or their agents, may enter upon such owner's property and perform the disconnection and closure of the private well. In that event, the property owner shall be responsible for the cost thereof and a lien in the amount of the cost thereof may be recorded against the property by the Township or DEP.

F. 

The property is connected to the public water system for all potable uses; (3) the owner of the property conducts annual testing and reporting to DEP of water quality. No new wells shall be installed at any properties within the Bridge Road TCE site, except for the purpose of groundwater investigation or remediation or except for the replacement of an existing well used for industrial or commercial nonpotable use with the new replacement well being used only for industrial or commercial nonpotable use on the terms set forth above.

G. 

Notwithstanding anything to the contrary in this § 195-3, existing wells within other areas of the Township may continue to be used for nonpotable purposes, provided that the property is connected to the public water system for all potable uses.