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."
For the purposes of this chapter the following
terms shall have the meanings set forth below:
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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.
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.
[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.
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.
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.
This chapter shall take effect upon passage
and publication as provided by law.