Township of Independence, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Independence 3-9-1993 by Ord. No. 93-1 (Ch. 153 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Water supply system connections — See Ch. 152.
Uniform construction codes — See Ch. 420.

§ 426-1 Definitions.

The words, terms and phrases used in this chapter shall be defined and have the same meanings as set forth in N.J.A.C. 7:9A-2.1 and N.J.A.C. 7:10-12.4, except as set below:
ACT
The New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., as amended and supplemented from time to time.
NONPOTABLE WATER SUPPLY
Any water not used or intended to be used as a potable water supply and permanently identified as such.
PLAT
A map or maps of a subdivision or site plan.
POTABLE WATER SUPPLY
Any water used or intended to be used for drinking, bathing, culinary or other personnel contact purposes.
REGULATIONS
The New Jersey Safe Drinking Water Regulations, N.J.A.C. 7:10-1 et seq., as amended and supplemented from time to time.
SALE
Fee simple title passed from one person or legal entity to another person or legal entity by deed or other means of conveyance.
TRANSFER
A change of possession from one party to another party either by lease or otherwise for a period in excess of six months.

§ 426-2 Results of test.

Prior to sale of real property, a well or other private water supply (i.e., spring, cistern, hand-dug well, surface water supply, etc.) providing water for human consumption to any residential unit shall be tested by the seller for coliform and for A-280 chemical contaminants as indicated in § 426-5A, and the results of the tests shall be made available to the buyer. If any contaminants are found, a notation shall be made upon the report. A copy of this analytical report shall be filed with the Board of Health and with the Construction Code Official of the Township.

§ 426-3 Requirements for business and commercial establishments.

All business and commercial establishments shall supply safe drinking water in conformance with the Warren County Health Department regulations and the following additional requirements:
A. 
A certificate of occupancy upon the future adoption of an ordinance requiring the same.
B. 
A continued certificate of occupancy and/or leased occupancy shall not be issued unless a volatile organized scan and a satisfactory potability test is submitted in conformance with this chapter.

§ 426-4 Individual new wells; collection of water samples.

A. 
Before final certification and operation of a new well, other than an exempt well as defined in Subsection B of this section, the person owning the lot upon which a new well is located and constructed shall have a sample of the well water collected by the Warren County Health Department and analyzed by a laboratory certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C 7:18-1.1 et seq. To conduct testing for the individual contaminates and substances set forth in § 426-5A of this chapter, the raw water sample shall be taken as close to the pumping well as possible. If a sample must be taken following a treatment unit, the type, size and purpose of the unit shall be reported along with the test results. In no case shall treatment equipment be installed on a new well prior to the, first sampling. The results of said laboratory analysis shall be forwarded directly by the laboratory to the Warren County Health Department.
B. 
The following water supply wells shall be exempt from the sampling and analysis requirements established under §§ 426-3 and 426-4 of this chapter:
(1) 
Any potable well, the pumps and lines of which do not enter a building, crawl space or garage and are directly connected to a sprinkler system manifold.
(2) 
Geothermal groundwater heat pump wells that are constructed and installed as totally enclosed systems and are incapable of being used as potable water supply.
(3) 
Fire protection wells, as defined in the State Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq., which are incapable of being used as potable water supply.
(4) 
Public community and public noncommunity, nontransient wells.

§ 426-5 Individual wells; testing procedure.

A. 
The raw water sample collected under § 426-2 of this chapter shall be analyzed by a laboratory certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to determine whether any contaminants and substances are present in amounts which exceed the maximum contamination levels for total coliform and chemical contaminants established under A-280 amendments to the New Jersey Safe Drinking Water Act, as periodically amended.
B. 
All water samples shall be collected, tested and analyzed in accordance with criteria and procedures established by the New Jersey Department of Environmental Protection in N.J.A.C. 7:18-2.1 et seq. Upon request by the Independence Township Board of Health or Warren County Health Department, the laboratory submitting the test results shall submit proof that it is certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct the tests necessary to determine the presence of the contaminants and substances set forth in Subsection A of this section.
C. 
In the event that the laboratory analysis of a water sample collected from a new well reveals the presence of any of the contaminants or substances identified in Subsection A of this section, in an amount exceeding the maximum contaminate levels set forth or incorporated in this chapter for the same, the Independence Township Board of Health or Warren County Health Department must be notified prior to resampling the well for the purpose of determining resampling procedures.

§ 426-6 Individual wells; submission of water analysis data.

The laboratory performing the water analysis required under §§ 426-3 and 426-4 of this chapter shall submit the results of its analysis directly to the Independence Township Board of Health and Warren County Health Department with the following information:
A. 
The lot number, block number and municipality of the property upon which the well is located and the reason for the sample (i.e. new construction or resale).
B. 
The name and mailing address of all persons owning the property upon which the well is located.
C. 
The laboratory employee or the laboratory's authorized representative who physically collected the sample from the well.
D. 
The date and time that the well sample was collected.
E. 
The specific point of collection of the water sample.
F. 
The date and time the sample was analyzed by the laboratory.

§ 426-7 Sale or transfer of ownership of real property.

No real property nor interest in the same shall be sold or transferred after June 1, 1993, which utilizes a well for its potable water supply until:
A. 
The well water has been sampled and analyzed in accordance with procedures set forth in §§ 426-3, 426-4, 426-5 and 426-6 of this chapter.
B. 
The Independence Township Board of Health or private sector certification company or qualified building inspection service has certified that the laboratory analysis of the water sample collected from said well does not disclose the presence of any of the A-280 contaminants, total coliform or substances set forth in § 426-5A of this chapter, in an amount which exceeds the maximum contaminant level established under the Act, the Regulations or this chapter for the same.
C. 
The granting of the above certificate shall be a valid certification until there is a sale or transfer of the property in question, where that sale or transfer is more than two years after the issuance of said final certification. In the event said sale or transfer is within two years or less from the preceding certification, the transferor need not obtain a new certification.

§ 426-8 Right of entry.

The Independence Township Board of Health or Warren County Health Department shall have access and entry to any property upon which there is located a well or individual sewage disposal system for the purpose of inspecting and/or testing the same.

§ 426-9 Order to close.

The Independence Township Board of Health or Warren County Health Department may order any well which is determined to be polluted or detrimental to the public health closed until and unless the water is under the maximum contaminant level (MCL) for the substances specified in § 426-5A of this chapter.

§ 426-10 Fees.

All costs, fees, etc. for testing shall be borne by the landowner, including laboratory charges for testing and any fees charged by the Warren County Health Department.

§ 426-11 Administration and enforcement.

A. 
The office of the Construction Code Official of the Township of Independence shall have the duty to enforce compliance with the requirements of § 426-7 of this chapter.
B. 
Any permit for the location, construction and/or alteration of a well issued prior to the effective date of this chapter shall remain valid, and all work authorized by the permit may be completed pursuant to said permit, provided the same is completed within 12 months after the effective date of this chapter.