Borough of Chester, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Chester 7-21-1988 by Ord. No. BH-88-2. Amendments noted where applicable.]

§ 262-1 Adoption; repealer.

This chapter shall be known as the "Individual Water Supply System Code," superseding and the repealing all of the provisions and amendments of Chapter BH:V (Construction of Wells) of the "Revised General Ordinances of the Board of Health of the Borough of Chester, 1979, as amended."

§ 262-2 Definitions.

For the purposes of this chapter the following terms shall have the meanings set forth below:
BOARD OF HEALTH OR BOARD
The Board of Health of Chester Borough, Morris County, Hew Jersey.
CERTIFICATE OF COMPLIANCE - INSTALLATION
A certificate issued by the Board of Health or its authorized agent certifying that an individual water supply system has been installed in such manner as to meet the requirements of the Realty Improvement Sewerage and Facilities Act (1954), the Standards for the Construction of Non-Public and Public Non-Community Water Systems (1978), any higher standards prescribed by this chapter, and all terms and conditions of approval imposed by the Board of Health with respect to such system based upon the issuance of the certificate of compliance - location and design therefore.
CERTIFICATE OF COMPLIANCE - LOCATION AND DESIGN
A certificate issued by the Board of Health certifying that a proposed individual water supply system or an alteration of any such system is in compliance with the provisions of the Realty Improvement Sewerage and Facilities Act (1954), the Standards for the Construction of Non-Public and Public Non-Community Water Systems (1978), and any higher standards prescribed by this chapter.
INDIVIDUAL WATER SUPPLY SYSTEM
Any system for the supply of water for potable or domestic purposes other than a system serving various premises and approved by the State Department of Environmental Protection.
PROFESSIONAL ENGINEER
An engineer licensed to practice professional engineering in the State of New Jersey.

§ 262-3 Prohibitions.

No individual water supply system shall be installed upon a property served by a public water system approved by the State Department of Environmental Protection.

§ 262-4 Certificate as to location and design and permit to construct or alter system.

No person shall locate, construct or alter an individual water supply system until the Board of Health shall have issued a certificate of compliance - location and design with respect to such system and a permit to construct or alter such system.

§ 262-5 Certificate as to installation.

No individual water supply system shall be placed in service or operation until the Board of Health or its duly authorized agent shall have issued a certificate of compliance - installation with respect to such system.

§ 262-6 Applicability of state standards to individual water supply systems.

The regulations promulgated by the State Commissioner of the Department of Environmental Protection pursuant to the Realty Improvement Sewerage and Facilities Act (1954) and known as the Standards for the Construction of Non-Public and Public Non-Community Water Systems (1978) are of full force and effect in the Borough of Chester.

§ 262-7 Exceptions to requirements.

Neither the Sanitary Inspector nor any other enforcement officer of the Board of Health shall have any authority to make exceptions to the requirements established by the Standards for the Construction of Non-Public and Public Non-Community Water Systems (1978), or the higher standards established by this chapter.

§ 262-8 Applications.

A. 
All applications for certifications required by § 262-4 of this chapter shall be made upon forms to be supplied by the Secretary of the Board of Health for that purpose. A separate application shall be filed and a separate certificate issued for each installation.
B. 
Every application for a certificate of compliance - location and design for a new individual water supply system shall contain, in addition to the information required by the Realty Improvement Sewerage and Facilities Act (1954) and the Standards for the Construction of Non-Public and Public Non-Community Water Systems (1978), a statement signed and sealed by a professional engineer that the location and design of the proposed system are in compliance with the standards and any higher standards prescribed by this chapter.
C. 
The Board of Health may refer any application and accompanying plans for an individual water supply system to the Borough Engineer or other qualified expert for review and comment before acting upon the application. If, in the opinion of the Board of Health or the Sanitary Inspector, any application requires review and/or inspections by the Board Engineer, then additional charges for the Board Engineer shall be made to the applicant at an hourly rate based upon the fee schedule of the Board Engineer in effect at the time of the review of the application.
D. 
Every application shall be submitted to the Secretary of the Board of Health at least 10 days prior to the Board of Health meeting at which consideration is desired.

§ 262-9 Inspection and tests.

A. 
No part of a water supply system exposed to view upon completion of construction or alteration shall in any manner be filled in, around, or covered from view until it has been inspected by the Board of Health or its duly authorized representative and a certificate of compliance - installation has been issued with respect to such system.
B. 
The Board of Health may test in any appropriate manner any materials, construction, products or units comprising any part of any individual water supply system in order to determine compliance with applicable requirements of state laws and standards and the provisions of this chapter.
C. 
A duly authorized representative of the Board of Health shall make sufficient inspections during the construction, alteration or repair of an individual water supply system to determine compliance with the terms of the permit issued therefor. The Board of Health shall be notified at least 24 hours prior to the commencement of work on any such system so that appropriate inspections may be made.
[Amended by Ord. No. BH-3-93]
(1) 
In any event, a duly authorized representative of the Board of Health shall be present:
(a) 
When the well casing is being installed and grouted; and
(b) 
When a pitless well installation is being made.
(2) 
The hole for a pitless well adapter shall be drilled in the casing and shall not be burned.
(3) 
The Board of Health may order all work in and about any individual water supply system which is being installed, altered or repaired in violation of the Realty Improvement Sewerage and Facilities Act (1954), Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), the approved plan for the system, any terms and conditions of approval, or any provision of this chapter to be stopped forthwith, provided that a copy of any such order shall be served upon any person connected with or working in and about the installation or alteration of any such water supply system, or any part thereof, and thereafter no further work shall be done thereon except in compliance with the Act, Standards, approved plan, terms and conditions of approval, and the provisions of this chapter.
(4) 
Prior to the issuance of a certificate of compliance for a new individual water supply system the Board of Health shall be provided with reports of tests establishing that the system as constructed will meet the following requirements:
(a) 
Yield. The system shall yield not less than five gallons per minute. The yield shall be determined through the use of a four-hour pumping test performed by the well driller. The test shall show static level and drawdown during the pumping test and recovery time to static level. The well driller shall certify a detailed report on the testing to the Board of Health on forms supplied by the Board for that purpose.
(b) 
Water quality. The water produced by the individual water supply system shall be sampled in accordance with the Private Well Testing Act (PWTA)[1] Rules for the parameters set forth in N.J.A.C. 7:9E-2.1 (or any successor provision thereto). The samples shall be analyzed and the results reported in accordance with the PWTA Rules. The analytical results for each sampled parameter shall demonstrate compliance with the applicable Maximum Contaminant Level (MCL), Recommended Limit, or Action Level established under the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq. (the "SDWA"), and its implementing regulations, N.J.A.C. 7:10 (the "SDWA Rules"). In the event that the analytical results do not demonstrate compliance for one or more parameters subject to state primary drinking water regulations under the SDWA, one or more water treatment systems shall be utilized to achieve and demonstrate post-treatment compliance. In the event that the analytical results do not demonstrate compliance for one or more parameters subject to state secondary drinking water regulations under the SDWA, a certificate of compliance may nonetheless be issued, provided that the buyer or lessee of the property is notified of the noncompliant test results.
[Amended 1-9-2012 by Ord. No. BH-1-12]
[1]
Editor’s Note: See N.J.S.A. 58:12A-26 et seq.
(5) 
Compliance with the foregoing water quality standards shall be determined on the basis of a report from a laboratory certified by the New Jersey State Department of Environmental Protection and Energy. Arrangements for water sampling and testing shall be made by the owner of the property upon which the individual water supply system is located. Such person shall pay the costs of water sampling and testing directly to the certified laboratory. The Board of Health shall be satisfied that each water sample reported upon was taken by the certified laboratory and remained in the custody of the certified laboratory until the completion of the water quality tests subject of the report.
(6) 
Whenever a certificate of compliance shall be issued for a new individual water supply system, the Board of Health shall forward to the occupant of the property upon which the system is located a statement advising such occupant that the character of water produced by a new well may change after the well has been in use for several months, and that, for this reason, it would be desirable to have the water tested after six months of well use as to pH, corrosivity, hardness, manganese and iron so that consideration may be given to the correction of any deviations from standards applicable to the foregoing.
D. 
Notwithstanding any prior tests and the issuance of a certificate of compliance - installation, the Board of Health may take and test samples of water from any individual water supply system whenever the Board has reason to believe that the water supplied by such system fails to meet Potable Water Standards adopted by the New Jersey State Department of Environmental Protection or the standards of this chapter. In the event that a sample does not meet such standards, the Board of Health may order that use of the individual water supply system from which such sample was taken shall be immediately terminated.

§ 262-10 Application and inspection fees.

The following fees shall be paid to the Borough of Chester:
A. 
For filing an application and plans for a certificate of compliance - location and design for a new individual water supply system: $250. No further fee shall be required for the issuance of a permit to construct or certificate of compliance - installation except any review fees that may become due to the Board engineer pursuant to section BH:5-8(c) above or any reinspection fees pursuant to section BH:5-10(b) below.
B. 
For each reinspection of an individual water supply system, or any part of any such system, required by failure to locate and construct or alter the system in accordance with applicable requirements: $50 per hour or fraction thereof.
C. 
The Sanitary Inspector or the Secretary of the Board of Health shall tabulate the fees for any application in accordance with the fee schedule set forth above. The fees for the application shall be collected by the Board Secretary when the application is submitted to the Board of Health and no action shall be taken by the Board of Health upon an application until the required fee has been paid. The fee required under BH:5-10(b) above shall be paid at the time of any reinspection. If any additional fees become due pursuant to sections: BH:5-8(c), then the applicant shall pay the additional fees within 30 days of notification.

§ 262-11 Expiration of permits.

A. 
Every permit issued pursuant to this chapter shall expire one year after the date of issuance, unless prior to such time construction of the individual water supply system with respect to which the permit was issued shall have been commenced, in which event the permit shall remain valid and in effect for a period of two years from the date of issuance.
B. 
The Board of Health may in its discretion renew a permit which has expired under the provisions of this section. Such renewal shall be subject to the provisions of this section. A fee of $5 shall be charged for the renewal of a permit.

§ 262-12 Stoppage of work.

The Board of Health may order all further work on or about any individual water supply system, which is being constructed or altered in violation of the Realty Improvement Sewerage and Facilities Act (1954), any provision of the standards or the Construction of Non-Public and Public Non-Community Water Systems (1978), or any provision of this chapter, to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter to continue such work without any violation of any provisions of the regulations, after issuance of any such order and the service of a copy thereof upon any person connected with or working on or about the construction or alteration of any such water supply system, or any part thereon except as mentioned above.

§ 262-13 Certificate of potable water supply required upon resale of developed property.

[Added by Ord. No. BH-3-93]
A. 
Title to any property which includes a previously occupied single-family dwelling served by an existing individual water supply system shall not be transferred unless and until the Board of Health has issued a certificate of potable water supply from the individual water supply system serving the property. Such certificate shall be applied for and issued in accordance with the provisions of this section. The requirement for such certificate shall be noted upon all tax searches issued by the Tax Collector of the Borough.
B. 
An application for a certificate of potable water supply from an individual water supply system shall be made upon a form provided by the Board of Health for such purpose. A fee of $15 shall be paid to the Board of Health at the time that an application form is issued by the Board. No further fee shall be required for the issuance of the certificate.
C. 
The Board of Health shall issue a certificate of potable water supply for an individual water supply system if the system meets the water quality criteria set forth in § 262-9C(4)(b) of this chapter.
[Amended 1-9-2012 by Ord. No. BH-1-12]
D. 
Arrangements for water sampling and testing shall be made by the person filing the application for a certificate of potable water supply from individual water supply system. Such applicant shall also pay the costs of water sampling and testing directly to the certified laboratory. The Board of Health shall be satisfied that each water sample reported upon was taken by the certified laboratory and remained in the custody of the certified laboratory until the completion of the water quality tests subject of the report.

§ 262-13.1 Annual reports and test results for certain properties not served by public water supply system.

[Added 11-13-2001 by Ord. No. BH-2-01]
A. 
The owner or operator of each developed property within the Borough of Chester which is devoted in whole or in part to a use other than single-family residential use and which uses water from an individual water supply system or from a public noncommunity water system shall annually furnish to the Board of Health a report demonstrating compliance with the water quality criteria set forth in § 262-9C(4)(b) of this chapter.
[Amended 12-9-2002 by Ord. No. BH-2-02; 1-9-2012 by Ord. No. BH-1-12]
B. 
The lessor of a property served by a private well shall provide the Board of Health with copies of all test results generated pursuant to N.J.S.A. 58:12A-32 (or any successor provision therto).
[Amended 1-9-2012 by Ord. No. BH-1-12]
C. 
Annual reports of the results of all water testing pursuant to the requirements of this section shall be filed with the Board of Health annually on or before October 31 in each year. All reports shall be certified by the laboratory which made the water tests. The Board of Health shall be satisfied that each water sample reported upon was taken by the certified laboratory and remained in the custody of the certified laboratory until the completion of the water analysis set forth in the report.
D. 
At the time of the submission of an annual water test report as required by this section, the owner or operator of the property subject of the testing and report shall pay an annual fee of $25 to the Board of Health.
E. 
The Board of Health may take such action as is authorized by law in order to cause an owner or operator to correct or eliminate any condition determined by the Board to adversely affect the public health and safety.

§ 262-14 Right of appeal.

Any person aggrieved by a denial of any certificate or permit required by this chapter or by any order of the Board of Health with respect to an individual water supply system shall be entitled to a hearing thereon before the Board of Health within 15 days after written request thereof is made by the person claiming to be adversely affected. Upon such hearing or within 15 days thereafter the Board shall affirm, alter or rescind the previous action with written findings and conclusions.

§ 262-15 Filling and sealing abandoned well; continued operation of well.

[Added 3-16-2000 by Ord. No. BH-1-00]
A. 
Fee for inspection and issuance of a certificate as to the proper performance of work for filling and sealing an abandoned well and notice of performance of work.
(1) 
A fee of $100 shall be paid to the the Board of Health prior to undertaking any work for the filling and sealing of an abandoned well. The fee shall cover inspections by a designated representative of the Board of (a) the initial filling and sealing of the well and (b) the subsequent creation of a concrete slab over the well, all in accordance with applicable regulations of N.J.A.C. 7:9-9.1 and following and any applicable provisions of Borough ordinances.
(2) 
Notice shall be given to the Board at least 24 hours prior to the performance of any work mentioned in (1)(a) above, and the Board shall also be notified when the work mentioned in (1)(b) above has been completed.
(3) 
Upon a determination by the Board of Health representative that all of the work has been satisfactorily completed, a certificate to that effect shall be issued by the Board of Health and forwarded to the Borough Clerk within 30 days after completion of all work. A copy of the certificate shall be forwarded by the Secretary of the Board of Health to the owner of the premises formerly served by the well.
B. 
Fee for permit for the continued operation of a well otherwise required by the Borough to be abandoned.
[Amended 9-21-2000 by Ord. No. BH-2-00]
(1) 
Every permit for the continued operation of a well on a property served by the Chester Borough Public Water System shall remain in effect for a period of five years from the date of its issuance. Each application for a permit, whether for the initial issuance of a permit or for the renewal of a permit, shall be submitted to the Board of Health on a form provided by the Borough Clerk and shall be accompanied by a fee of $5, which fee shall cover the five-year period of the permit.
(2) 
The original of every permit, whether initial or renewal, shall be given to the applicant and a copy shall be forwarded to the Borough Clerk.

§ 262-16 Violations and penalties.

Any person who shall violate any provision of this chapter or any order of the Board of Health issued pursuant to this chapter shall be subject to a fine of not more than $200 for each offense and an additional penalty of not more than $25 each day a particular violation continues after notice of the violation shall have been given to such a person by the Board of Health. This penalty provision shall not apply to violations of the Realty Improvement Sewerage and Facilities Act (1954) for which a penalty provision is set forth in N.J.S.A. 58:11-39.

§ 262-17 Separability of provisions.

If any section, subdivision, clause or provision of this chapter shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only to the section, subdivision, clause or provision so adjudged, and the remainder of the ordinance shall remain valid and effective.

§ 262-18 Effective date.

This chapter shall take effect upon passage and publication as provided by law.