Skip to main content

New Garden tells Artesian that planned well testing violates township ordinances

02/04/2014 05:20PM, Published by ACL, Categories: In Print, Business




By Richard L. Gaw

Staff Writer 


New Garden Township has sent a letter to Delaware-based Artesian Resources, informing the company that the well Artesian is looking to activate on Broad Run Road in Landenberg has no record of land subdivision approval, and is in violation of two township ordinance compliance issues.

The Jan. 24 letter, authored by township solicitor Vincent M. Pompo and sent to John M. Thaeder, Artesian senior vice president, is in response to a Dec. 5, 2013 letter sent by Artesian engineer Kathleen B. Thaeder to New Garden residents who own a well on their property within one half mile of Broad Run Well #1, stating that the company will be conducting a 72-hour aquifer test at the 225-foot-deep well, tentatively scheduled to be done during the first quarter of 2014.

In the letter, Ms. Thaeder wrote that during the testing, the projected rate of water use during that time would not exceed 200 gallons per minute. “Based on previous testing, it is expected that there should be little or no effect on your well as a result of the planned testing,” she wrote. Translated, Artesian would be looking to extract more than 200,000 gallons of water per day from the Broad Run Well.

In his letter to Artesian, Pompo wrote that township R-1 zoning regulations where the well is located permit only one principal use, as stated in township ordinance 200-18.A: “'A building may be erected, altered or used and a lot or premises may be used, by right, for any one of the following purposes and no other…’” wrote Pompo, who added that a facility used for the extraction of water for commercial use would add a new, additional purpose, and thus, the pumping facility is not permitted on the property. 

In addition, Pompo wrote that the extraction of water for commercial use is not permitted within the R-1 District, and that such a use would only be permitted by conditional use within a commercial-industrial district.

Further, Pompo wrote, the township does not currently own a record of any subdivision approval of the acquisition of the well property – which Artesian purchased from local developer Charles Wilkinson – nor any record of land development or zoning approval for the proposed use.

The issue of Artesian activating a well in New Garden Township was first heard before the township’s board of supervisors on June 18, 2013, when Artesian representatives told supervisors that they plan to connect the well into its existing water distribution system in nearby Delaware, by way of a water main to be constructed along Broad Run Road and Newark Road. At the meeting, Artesian told the supervisors that their testing would be regulated by the Pennsylvania Department of Environmental Protection (DEP), the Delaware River Basin and local ordinances, and agreed that it would be subject to New Garden Township Ordinance 143, which regulates the drilling and maintenance of wells, and provides for well water exportation permit and withdrawal fee.  

Public discussion of this issue was conducted at the board of supervisors’ meetings on Dec. 16 and Jan. 27, when several township residents voice their objection to the testing, stating that the extraction of water from the Broad Run well may impact the availability of water for hundreds of township residents during a drought. 

It was indicated at the meeting that the board opposes the use of the well for testing, and in making reference to the letter sent to Artesian, Pompo said, “There has been no application to the township (by Artesian), no one has asked, but we feel that  given the nature of their activity, that it would be best to put them on notice of what our decision was.”

Artesian serves more than 81,200 metered customers and supplies over 7.5 billion gallons of water per year, through 1,150 miles of water mains. Based in Newark, Artesian is the eighth-largest investor-owned water supplier in the United States, and also holds subsidiaries in Pa. and Md. 

In an interview with the Chester County Press, Artesian executive vice president Joseph DiNunzio said that during the testing, Artesian will abide by all valid and applicable laws and regulations of the township, Chester County and Pennsylvania, but that State law governs the withdrawal of water, and that no permit is required from a township to conduct tests of this kind. 

According to DiNunzio, the water produced during the pump test will be discharged to the nearby Broad Run stream, as permitted by the DEP. The permit, he said, will require that the discharge water will flow through a hose through a plowed field in order to avoid distrurbance with th field, and then over plywood sheeting with a plastic cover. To better ensure proper water discharge, the site will include a series of hay bales with erosion-control fabric. 

"After the testing is done, the results will be anayzed and we will make a determination to have that well placed into production," DiNunzio said. "If that's the case, then it will be connected to our system and will serve the Broad Run Community in Chester County immediately across the Delaware line, (a residential community) that we've been serving with water from Delaware for decades now."

The testing formation that Artesian plans to use will not affect 95 percent of the township, DiNunzio said. In a written statement, Artesian wrote that much of New Garden Township is in the Wissahickon Schist formation, an altogether different aquifer than the Broad Run Well, which is located in the Cockeysville Marble. In the statement, Artesian also said that the well is not needed for water service to new developments currently under construction along Limestone Road in Delaware.

Although DiNunzio said that no date for the testing has been determined yet, Artesian will share the results of the pump testing with the New Garden Township community.    


Like what you're reading? Subscribe to Chester County's free newsletter to catch every headline



new garden new garden township pennsylvania department of environmental protection artesian resources


You might also like

Thumb_chart-2

Improvements planned for New Garden intersection

The intersection of Gap Newport Pike and Newark Road will receive a much needed makeover in the near future.

Township looking for buyer for its sewage system

New Garden Township is currently in the process of vetting two public utilities and one municipal authority.
Thumb_future-aviators-3

Kids in flight

Sixty youngsters engaged in the Future Aviators Summer Camp at the New Garden Flying Field.

  • The Spayed Club now has THREE transport locations throughout the Greater Philadelphia area -- Pot...


  • Fitness Walks

    05/27/2015
    08:30am — 09:30am

    Turn off the treadmill and forget they gym! Start your day with an invigorating hour-long hike th...


  • Gentle Yoga

    05/27/2015
    05:00pm — 06:00pm

    Reduce the aches and pains of age by increasing your range of motion through the practice of yoga...


  • Join us at Child Guidance's Coatesville Office for an in-depth workshop that will address what is...


  • Hatha Yoga

    05/27/2015
    06:30pm — 07:30pm

    This series of vigorous exercises is designed to strengthen the body and increase flexibility whi...


  • Sunday Brunch

    05/28/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Heuchera: The Perfect Shade Plant

    05/28/2015
    01:00pm — 03:00pm

    Discover one of the most popular perennials for shade gardens. Mt. Cuba Center recently completed...


  • Clutterers Anonymous

    05/28/2015
    06:00pm — 07:00pm

    Clutterers Anonymous℠ (CLA℠) is a fellowship of men and women who share their experience, strengt...


  • Heart Health - Preventing Heart Disease & Strokes

    05/28/2015
    06:30pm — 07:30pm

    We will learn how healthier eating habits, a manageable fitness routine and simple stress managem...


  • DFVA Greenville Summer Art Show

    05/29/2015
    10:00am — 07:00pm

    An impressive group of over thirty outstanding professional artists from the Brandywine Valley ar...


  • DFVA Summer Art Show

    05/29/2015
    10:00am — 07:00pm

    An impressive group of outstanding professional artists from the Brandywine Valley area will exhi...


  • Sunday Brunch

    05/29/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • PurpleStride Delaware 2015 - 5K Run/Walk

    05/30/2015
    08:00am — 11:00am

    The Delaware Affiliate of the Pancreatic Cancer Action Network is hosting its third annual Purple...


  • PurpleStride Delaware 2015 - 5K Run/Walk

    05/30/2015
    08:00am — 11:00am

    PurpleStride 2015 is a 5K run and family friendly walk. The Pancreatic Cancer Action Network is b...


  • Multi-Family Yard Sale in Oxford

    05/30/2015
    09:00am — 03:00pm

    Electronics, tools, baby clothes, toys, kitchen, bath, bedding, decorations, crafts and so much more


  • CLAY MONOPRINTING WITH MITCH LYONS

    05/30/2015
    10:00am — 04:00pm

    CLAY MONOPRINTING WITH MITCH LYONS Level: All levels, Limit: 10 students Instructor: Mitch Lyon...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • DFVA Greenville Summer Art Show

    05/30/2015
    10:00am — 07:00pm

    An impressive group of over thirty outstanding professional artists from the Brandywine Valley ar...


  • DFVA Summer Art Show

    05/30/2015
    10:00am — 07:00pm

    An impressive group of outstanding professional artists from the Brandywine Valley area will exhi...


  • OA-BEST Expo

    05/30/2015
    10:00am — 02:00pm

    FUN FOR ALL! The Chester and Lancaster County communities have always been tied deeply to the ro...


  • Sunday Brunch

    05/30/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Explore Native Orchids

    05/30/2015
    01:00pm — 03:00pm

    Discover what makes native orchids so special. Join Smithsonian’s orchid expert Tom Mirenda as he...


  • Pawty at the Preserve

    05/30/2015
    03:00pm — 07:00pm

    Join Canine Partners for Life at Pawty at the Preserve, as we celebrate 25 years of creating life...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • Half the Money, all the bottle. Every Tuesday

    05/24/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Taste Kennett Food Tours

    05/24/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Taste Kennett Food Tours

    05/24/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Half the Money, all the bottle. Every Tuesday

    05/25/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Monday's are Whiskey nights at Minihane's

    05/25/2015
    05:00pm — 11:00pm

    Whisky is not the same as Whiskey! There is some debate about whether or not Scottish distill...


  • Catch living history as the Mohican Base Ball Club (Mohican BBC) of Kennett Square play a exhibit...


  • Debtors Anonymous

    05/25/2015
    06:00pm — 07:00pm

    In D.A., our purpose is threefold: to stop incurring unsecured debt, to share our experience wit...


  • Half the Money, all the bottle. Every Tuesday

    05/26/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • The Spayed Club now has THREE transport locations throughout the Greater Philadelphia area -- Pot...


  • Fitness Walks

    05/27/2015
    08:30am — 09:30am

    Turn off the treadmill and forget they gym! Start your day with an invigorating hour-long hike th...


  • Gentle Yoga

    05/27/2015
    05:00pm — 06:00pm

    Reduce the aches and pains of age by increasing your range of motion through the practice of yoga...


  • Join us at Child Guidance's Coatesville Office for an in-depth workshop that will address what is...


  • Hatha Yoga

    05/27/2015
    06:30pm — 07:30pm

    This series of vigorous exercises is designed to strengthen the body and increase flexibility whi...


  • Sunday Brunch

    05/28/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Heuchera: The Perfect Shade Plant

    05/28/2015
    01:00pm — 03:00pm

    Discover one of the most popular perennials for shade gardens. Mt. Cuba Center recently completed...


  • Clutterers Anonymous

    05/28/2015
    06:00pm — 07:00pm

    Clutterers Anonymous℠ (CLA℠) is a fellowship of men and women who share their experience, strengt...


  • Heart Health - Preventing Heart Disease & Strokes

    05/28/2015
    06:30pm — 07:30pm

    We will learn how healthier eating habits, a manageable fitness routine and simple stress managem...


  • DFVA Greenville Summer Art Show

    05/29/2015
    10:00am — 07:00pm

    An impressive group of over thirty outstanding professional artists from the Brandywine Valley ar...


  • DFVA Summer Art Show

    05/29/2015
    10:00am — 07:00pm

    An impressive group of outstanding professional artists from the Brandywine Valley area will exhi...


  • Sunday Brunch

    05/29/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • PurpleStride Delaware 2015 - 5K Run/Walk

    05/30/2015
    08:00am — 11:00am

    The Delaware Affiliate of the Pancreatic Cancer Action Network is hosting its third annual Purple...


  • PurpleStride Delaware 2015 - 5K Run/Walk

    05/30/2015
    08:00am — 11:00am

    PurpleStride 2015 is a 5K run and family friendly walk. The Pancreatic Cancer Action Network is b...


  • Multi-Family Yard Sale in Oxford

    05/30/2015
    09:00am — 03:00pm

    Electronics, tools, baby clothes, toys, kitchen, bath, bedding, decorations, crafts and so much more


  • CLAY MONOPRINTING WITH MITCH LYONS

    05/30/2015
    10:00am — 04:00pm

    CLAY MONOPRINTING WITH MITCH LYONS Level: All levels, Limit: 10 students Instructor: Mitch Lyon...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • DFVA Greenville Summer Art Show

    05/30/2015
    10:00am — 07:00pm

    An impressive group of over thirty outstanding professional artists from the Brandywine Valley ar...


  • DFVA Summer Art Show

    05/30/2015
    10:00am — 07:00pm

    An impressive group of outstanding professional artists from the Brandywine Valley area will exhi...


  • OA-BEST Expo

    05/30/2015
    10:00am — 02:00pm

    FUN FOR ALL! The Chester and Lancaster County communities have always been tied deeply to the ro...


  • Sunday Brunch

    05/30/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Explore Native Orchids

    05/30/2015
    01:00pm — 03:00pm

    Discover what makes native orchids so special. Join Smithsonian’s orchid expert Tom Mirenda as he...


  • Pawty at the Preserve

    05/30/2015
    03:00pm — 07:00pm

    Join Canine Partners for Life at Pawty at the Preserve, as we celebrate 25 years of creating life...


  • Multi-Family Yard Sale in Oxford

    05/31/2015
    09:00am — 03:00pm

    Electronics, tools, baby clothes, toys, kitchen, bath, bedding, decorations, crafts and so much more


  • CLAY MONOPRINTING WITH MITCH LYONS

    05/31/2015
    10:00am — 04:00pm

    CLAY MONOPRINTING WITH MITCH LYONS Level: All levels, Limit: 10 students Instructor: Mitch Lyon...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • Half the Money, all the bottle. Every Tuesday

    05/31/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Taste Kennett Food Tours

    05/31/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Taste Kennett Food Tours

    05/31/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Half the Money, all the bottle. Every Tuesday

    06/01/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Monday's are Whiskey nights at Minihane's

    06/01/2015
    05:00pm — 11:00pm

    Whisky is not the same as Whiskey! There is some debate about whether or not Scottish distill...


  • Debtors Anonymous

    06/01/2015
    06:00pm — 07:00pm

    In D.A., our purpose is threefold: to stop incurring unsecured debt, to share our experience wit...


  • Half the Money, all the bottle. Every Tuesday

    06/02/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Wilmington Handbell Ensemble Concert

    06/02/2015
    07:30pm — 08:15pm

    Presents our spring concert program, "March On"


  • Gentle Yoga

    06/03/2015
    05:00pm — 06:00pm

    Reduce the aches and pains of age by increasing your range of motion through the practice of yoga...


  • Hatha Yoga

    06/03/2015
    06:30pm — 07:30pm

    This series of vigorous exercises is designed to strengthen the body and increase flexibility whi...


  • Sunday Brunch

    06/04/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Clutterers Anonymous

    06/04/2015
    06:00pm — 07:00pm

    Clutterers Anonymous℠ (CLA℠) is a fellowship of men and women who share their experience, strengt...


  • 5th Annual Twisted Vintner

    06/04/2015
    06:00pm — 09:00pm

    Concordville - Chadds Ford Rotary's fundraiser to support local charities includes Wine, Beer and...


  • Sunday Brunch

    06/05/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • On June 6th, the Avon Grove High School Football Team will be hosting a community yard sale. Tab...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • Sunday Brunch

    06/06/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • 2015 Chester County Blues Barbeque

    06/06/2015
    02:00pm — 07:00pm

    The Chester County Blues BBQ is an annual event sponsored by the Coventry Lions Club featuring re...


  • Sustainable Splurges: A Feast for the Senses

    06/06/2015
    06:00pm — 08:00pm

    Enjoy delicious, locally made foods – wine, chocolate, honey and cheese – while roaming an exclu...


  • 150th Anniversary Civil War Reconciliation Ball

    06/06/2015
    06:00pm — 10:00pm

    Dinner, Dancing and an Auction! Reconciliation Ball to Commemorate the 150th Anniversary of the e...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • Half the Money, all the bottle. Every Tuesday

    06/07/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Steamin' Day at Auburn Heights

    06/07/2015
    12:30pm — 04:30pm

    Join the Marshall Steam Museum at Auburn Heights for the first Steamin' Day of the season! New fo...


  • Taste Kennett Food Tours

    06/07/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Taste Kennett Food Tours

    06/07/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Mt. Cuba Center Plein Air Workshop

    06/08/2015
    09:30am — 03:30pm

    Appreciate the intricacies of painting outdoors as you interpret the beauty of Mt. Cuba Center's ...


  • Half the Money, all the bottle. Every Tuesday

    06/08/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Monday's are Whiskey nights at Minihane's

    06/08/2015
    05:00pm — 11:00pm

    Whisky is not the same as Whiskey! There is some debate about whether or not Scottish distill...


  • Debtors Anonymous

    06/08/2015
    06:00pm — 07:00pm

    In D.A., our purpose is threefold: to stop incurring unsecured debt, to share our experience wit...


  • Mt. Cuba Center Plein Air Workshop

    06/09/2015
    09:30am — 03:30pm

    Appreciate the intricacies of painting outdoors as you interpret the beauty of Mt. Cuba Center's ...


  • Half the Money, all the bottle. Every Tuesday

    06/09/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Fitness Walks

    06/10/2015
    08:30am — 09:30am

    Turn off the treadmill and forget the gym! Start your day with an invigorating hour-long hike thr...


  • Mt. Cuba Center Plein Air Workshop

    06/10/2015
    09:30am — 03:30pm

    Appreciate the intricacies of painting outdoors as you interpret the beauty of Mt. Cuba Center's ...


  • Gentle Yoga

    06/10/2015
    05:00pm — 06:00pm

    Reduce the aches and pains of age by increasing your range of motion through the practice of yoga...


  • Hatha Yoga

    06/10/2015
    06:30pm — 07:30pm

    This series of vigorous exercises is designed to strengthen the body and increase flexibility whi...


  • Mt. Cuba Center Plein Air Workshop

    06/11/2015
    09:30am — 03:30pm

    Appreciate the intricacies of painting outdoors as you interpret the beauty of Mt. Cuba Center's ...


  • Sunday Brunch

    06/11/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Clutterers Anonymous

    06/11/2015
    06:00pm — 07:00pm

    Clutterers Anonymous℠ (CLA℠) is a fellowship of men and women who share their experience, strengt...


  • Mt. Cuba Center Plein Air Workshop

    06/12/2015
    09:30am — 03:30pm

    Appreciate the intricacies of painting outdoors as you interpret the beauty of Mt. Cuba Center's ...


  • Sunday Brunch

    06/12/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • Enjoy a night out with friends at Mt. Cuba Center! Unwind as you sip wine and create garden maste...


  • Indian turnip, eye medicine, war paint - Native Americans depended on plants for food, clothing, ...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • Sunday Brunch

    06/13/2015
    11:00am — 02:00pm

    Every Sunday from 11-2PM Continental Buffet, Waffle bar, fresh fruits, Mimosa, Bloody Mary an...


  • The Chester Springs Studio wood kiln is a two chamber noborigama, constructed in 2014 during a wo...


  • Half the Money, all the bottle. Every Tuesday

    06/14/2015
    11:00am — 09:00pm

    EVERY TUESDAY ‎Half the money, all the bottle.1/2 Price Bottle of Wine / Every Tuesday with your...


  • Taste Kennett Food Tours

    06/14/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Taste Kennett Food Tours

    06/14/2015
    01:00pm — 04:00pm

    Taste Kennett Food Tours, creators of memorable, unique and fun food experiences, offer three-hou...


  • Tropical Fun Night in Penn Park

    06/14/2015
    06:00pm — 08:00pm

    Penn Township Board of Supervisors are holding their first park event of the year! Sunday, June...


Chester County High School Sports