Town of Phillipsburg, NJ Water

A code regulating the location, construction, alteration, use and supervision of individual and semipublic water supplies, requiring certain permits providing for the inspection of such supplies, the fixing of fees and the prescribing of penalties for violations is hereby adopted pursuant to Chapter 188, P.L. 1959 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.

§ 616-2 Title of adopted code.

Said code established and adopted by this article is described and commonly known as the "Individual and Semipublic Water Supply Code of New Jersey (1966)."

§ 616-3 Filing of public copies.

Three copies of Individual and Semipublic Water Supply Code of New Jersey (1966) have been placed on file in the office of the Secretary of this Board of Health upon the introduction of this article and will remain on file in said office for the use and examination of the public.

§ 616-4 Permit required to construct or alter water supply.

No person shall locate, construct or alter any water supply until a permit for the location, construction or alteration of said water supply shall have been issued by the Board of Health.

The Board of Health may issue a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey, stating the design of the water supply as proposed is in compliance with the code.

§ 616-5 Certificate required.

New water supplies shall not be placed in operation nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a supply for water until the Board of Health shall have issued a certificate indicating the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alteration to an existing water supply.

The Board of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him to the Board of Health that the water supply has been located and constructed in accordance with the terms of the permit and the requirements of the aforesaid code.

§ 616-6 Hearing upon denial of permit or certificate.

In case any permit or certification required by this article is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after request therefor is made by the applicant, and upon such hearing, the Board shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.

§ 616-7 Stop-work orders.

The Board of Health may order all further work in and about any water supply which is being erected or installed in violation of the code to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter the work continued without any violation of any of the provisions of the code, and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such water supply or any part thereof, no further work shall be done thereon except as aforesaid.

§ 616-8 Fees and charges.

The following fees and charges are herewith established:

For the filing of an application and plans for a permit to locate and construct a water supply: $10.

For the filing of an application and plans for a permit to alter an existing water supply: $5.

For the issuance of a permit to locate and construct or alter a water supply: $10.

For each reinspection of a water supply or part thereof caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of said code, an inspection fee of $10 shall be charged.

§ 616-9 Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this article or the Individual and Semipublic Water Supply Code of New Jersey (1966) made a part hereof shall, upon conviction thereof, pay a penalty of not more than $500 for each violation.

[Amended 6-18-1985 by Ord. No. O:85-13]

Each day a particular violation continues shall constitute a separate offense.

Article II Water Emergencies

[Adopted 11-8-1989 by Ord. No. O:89-34 (Ch. 69, Art. II of the 1969 Code)]

§ 616-10 Declaration.

Whenever the governing body shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the municipality. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 616-11 of this article is being imposed, as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 616-12 of this article. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:

The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, has notified the municipality, the New Jersey Board of Public Utilities and the New Jersey Department of Environmental Protection, as well as any other state, county or local agency entitled to notice of such restrictions, and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so; or

The governing authority is otherwise satisfied that a water emergency exists in the municipality.

§ 616-11 Restrictions.

Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 616-10 of this article, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists, and to exempt businesses as specified herein during the water emergency:

The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars;

Outside water usage on alternate days, allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days, with outside water usage being completely banned and prohibited on the 31st day of any month during the water emergency; or

Any other water use restriction specified by the governing body in the resolution required by § 616-10 of this article which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 616-10 of this article.

§ 616-12 Duration.

The resolution of the governing body required in § 616-10 of this article shall, in addition to complying with § 616-10, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances, considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.

§ 616-13 Enforcement.

The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 616-14 of this article. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.

§ 616-14 Violations and penalties.

After a first offense in accordance with § 616-13 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.