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.
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.
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.
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.
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.
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.
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.
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.