Township of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Chester 10-15-2014 by BOH Ord. No. 2014-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 113, Part 4.
Wells — See Ch. 200.
[1]
Editor's Note: Editor's Note: This ordinance also repealed former Ch. 97, Water, adopted as amended in its entirety 3-9-2005.

§ 197-1 Adoption of standards by reference.

This chapter 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 prescribing penalties for violation is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A copy of the state statutes is incorporated by reference and made a part hereof.

§ 197-2 Title.

This chapter established and adopted is commonly known as "Standards for the Construction of Public Noncommunity and Nonpublic Water Systems," which standards are set forth in Chapter 7:10-12.1 through 7:10-12.43 of the New Jersey Administrative Code and the supplements and additions thereto pursuant to N.J.S.A. 58:11-23 et seq. and N.J.S.A. 58:12A-1 et seq. and the amendments and supplements thereto.

§ 197-3 Copies on file.

Three copies of N.J.A.C. 7:10-12.1 et seq., Standards for the Construction of Public Noncommunity and Nonpublic Water Systems, shall be placed on file in the offices of the Secretary of the Board of Health and the Township Clerk for use and examination by the public.

§ 197-4 Permit required.

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

§ 197-5 Issuance of permit.

The Board of Health may issue a water supply permit if an application therefor is accompanied by a certificate made by an engineer licensed to practice professional engineering in the State of New Jersey or a New-Jersey-State-licensed well driller stating that the design of the water supply as proposed is in compliance with all applicable laws. In the case of a replacement well for a building or facility already served by an individual water supply system, a New-Jersey-licensed well driller may make such application and certification in lieu of an engineer.

§ 197-6 Fees and charges.

A. 
For the filing of an application and plans for the issuance of a permit to locate and construct a new water supply system as defined in § 192-1.1, the fee shall be $100. The permit shall be valid for two years from the date of issuance, but may be renewed upon payment of an annual renewal fee of $50. No permit may be renewed more than four times.
B. 
For the filing of an application and plans for the issuance of a permit to alter an existing water supply system, the fee shall be $50. The permit shall be valid for two years from the date of issuance, but may be renewed upon payment of an annual renewal fee of $50. No permit may be renewed more than four times.

§ 197-7 Conditions for issuance of well drilling permit; bonding; closure of wells.

The following requirements are to be met prior to the issuance of a well drilling permit:
A. 
Payment of the required fee to the Board of Health as provided in § 193-6.
B. 
Prior to the issuance of a well drilling permit for new construction as defined in § 192-1.1, a bond in the amount of $3,000 shall be posted with the Board of Health. The bond shall be in the form of cash, certified check, bank check, letter of credit issued by a banking institution licensed in the State of New Jersey, or a surety bond issued by an insurance company authorized to do business in the State of New Jersey. The form of the letter of credit or bond shall be subject to the prior approval of the Attorney for the Board of Health.
C. 
Except for wells to be installed in the classification exception area (CEA), if a building permit is not applied for within three months of the well being drilled, the well shall be closed pursuant to New Jersey Department of Environmental Protection well closing regulations. The well shall be closed within 14 days of the end of the three-month period. If the well is not sealed within the fourteen-day period, the Board of Health may use the bond to close the well. The applicant shall be responsible for paying the Board for any closure costs that exceed the amount of the bond. Payment shall be made within 10 days of the demand for payment. Wells installed in the CEA shall conform to the requirements of and be tested as required by § 197-12 and be tested as required by § 197-14. No building permit shall be issued for a property in the CEA unless all the requirements of § 197-11 through § 197-16 have been satisfied. If a well in the CEA does not meet the standards of § 197-11 through § 197-16, the well shall be closed as provided herein.
D. 
The bond shall remain in effect throughout the period a building permit is valid. If a permit lapses or is revoked, the well shall be closed within 14 days of such lapse or revocation date. If the well is not sealed within 14 days of the lapse or revocation date, the Board of Health may use the bond to close the well.
E. 
The bond shall be returned within 30 days after the issuance of a permanent certificate of occupancy by the Township of Chester.

§ 197-8 Certificate of compliance required.

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

§ 197-9 Hearing on denial of permit or certificate.

If any application for a certificate required by this chapter is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after request is made for a hearing by the applicant. Upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days thereafter.

§ 197-10 Stop 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 this chapter 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. 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 such water supply or any part thereof, no further work shall be done thereon except as aforesaid.

§ 197-11 Standards for certificate of compliance for wells.

A. 
The well must be staked by a land surveyor or engineer for wells on vacant lots. The well driller may stake the well for replacement wells.
B. 
The casing of each well shall extend a minimum of 18 inches above grade, and all pump and well installations shall include a pitless adapter and shall be properly vented.
C. 
Well caps or coverings shall be bonnet-type, heavy pattern, and Harvard or Martinson brands are the types preferred. Other makes may be approved by the inspector.
D. 
The minimum distance between a new well for new construction as defined by § 192-1.1 and any component of a septic system shall comply with Standards for the Construction of Public Noncommunity and Nonpublic Water Systems and any amendments thereto. In the event a new well must be constructed to replace a preexisting well, in circumstances where the physical condition of the lot renders compliance with this requirement impossible, then the Board may apply the less stringent distance standards set forth in the Standards for the Construction of Public Noncommunity and Nonpublic Water Systems, provided that the applicant shows to the satisfaction of the Board that those less stringent standards can be applied with safety.
E. 
All wells shall be cased to a minimum depth of 50 feet.
F. 
The well water conveyance line must be located a minimum of 48 inches below grade and must be bedded with six inches of clean sand below and six inches of clean sand above the well water conveyance line.
G. 
If an existing septic system needs to be altered or constructed within 100 feet of a substandard water supply such as a well with less than 50 feet casing, dams water from a spring, dug well, cistern, or Kelly concretecased well, a new well must be drilled in compliance with the Standards for the Construction of Public Noncommunity and Nonpublic Water Systems. The old well must be properly sealed by a person who possesses a valid New Jersey well driller's license of the proper class as issued by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 58:4A-4.1 et seq.

§ 197-12 Amendments pertaining to individual wells.

The following amendments, for the purpose of upgrading and establishing specific criteria for individual water systems to protect the health of the Township residents, are made to the Standards for the Construction of Public Noncommunity and Nonpublic Water Systems, incorporated by reference herein. This section shall apply to all new water wells, which will supply new homes and/or buildings as defined in § 192-1.1.
A. 
Minimum well yields.
(1) 
Definitions. As used in this article, the following terms shall have the meanings indicated:
MAXIMUM PUMPING LEVEL
The elevation of water in a well when pumping is in progress, which must be maintained at a minimum of 10 feet above the bottom of a well.
PEAK LOAD
The amount of water used during periods of the day when demand is highest.
PEAK LOAD TIME
The length of time during which the peak load is to be delivered.
PNEUMATIC TANK STORAGE
Volume of water stored between the minimum and maximum pressure settings in pressure tanks with a two-hundred-twenty-gallon maximum size.
STATIC WATER LEVEL
The elevation of water in a well when no pumping is in progress.
WELL FLOW
Initial maximum sustainable pumping rate of water (well yield) at the wellhead in gallons per minute reduced by a decremental factor of 10%.
WELL STORAGE
The volume of water stored in the well between the static water level and the maximum pumping level.
(2) 
All new water wells drilled within the Township of Chester which are intended to be used as potable water supply for new residential and/or commercial use shall yield not less than two gallons per minute at the tap.
(3) 
Any residential well shall produce at peak load time a well flow and well storage which, when combined with pneumatic tank storage, exceeds the peak load. Compliance with this requirement shall be determined in accordance with the following formulas:
(a) 
(Well flow x peak load time) + well storage + pneumatic tank storage greater than peak load.
(b) 
Well flow = 0.9 x (initial well yield).
(c) 
Peak load time = 75 minutes x (number of bedrooms) divided by three x (number of bathrooms).
(d) 
Well storage = 3.14 x r2 (well depth - static water level - 10).
(e) 
Peak load = 75 gallons x (number of bedrooms).
B. 
The yield shall be determined through the use of a minimum four-hour pumping test. The test shall show static level drawdown during pumping test and recovery time to static level following cessation of pumping.
C. 
The well driller/pump installer shall:
(1) 
Perform the pumping test described in Subsection B of this section.
(2) 
Supply the Department of Health of the Township of Chester with detailed information regarding the pump test and shall certify the same to the Board of Health of the Township of Chester on forms supplied by said Department.
D. 
The well shall be installed and pump tested before any other construction permits are issued.
E. 
The builder or property owner of new construction as defined in § 192-1.1 shall be responsible for the quality of the water produced by the individual water supply system until the issuance of a certificate of occupancy. The builder or property owner shall arrange for an initial water test in accordance with the requirements of the Private Well Testing Act, N.J.A.C. 7:9E, including the herein following parameters as soon as the water is available within the dwelling. The sample for this initial test must be raw untreated groundwater that is collected upstream of any treatment system. Prior to signing an application for a certificate of occupancy, the Department of Health of the Township of Chester shall confirm that all parameters listed are in compliance with applicable standards as indicated. Treatment systems installed to correct for parameters which fail the initial test will be required. Retesting for failing parameters after treatment will be required to ensure compliance with the specifically enumerated standards as follows:
Substance/Condition
Concentration Maximum
Corrosivity
Within plus/minus 1.0 LSI units as defined by the Langelier Index
pH
Within 6.5 to 8.5 pH units
Arsenic
0.01 mg/L
Total coliform bacteria
0/negative
Copper
1.3 mg/L action level
Fluoride
2.0 mg/L
Iron
0.3 mg/L
Lead
0.015 mg/L action level
Mercury
0.002 mg/L
Manganese
0.05 mg/L
Nitrates
10 mg/L
Volatile organics
MCLs established under the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., and implementing rules, N.J.A.C. 7:10.
F. 
When it is necessary to install a water treatment device or system to treat the quality of water on any potable water supply system in the Township of Chester, it shall be the obligation of the owner or builder of said system to install the appropriate water treatment device.
G. 
The builder or owner shall provide the Health Department with the list of water treatment devices installed on the water supply (if applicable), and list the reasons for the installation.
H. 
Wells drilled to service existing dwellings must be sampled in accordance with the Private Well Testing Act, N.J.A.C. 7:9E, for the following parameters: pH, arsenic, total coliform bacteria, iron, manganese, nitrates, volatile organics, copper and lead. Compliance for those parameters for which there is a primary standard will be required.

§ 197-13 Boundaries for classification exception area (CEA).

The Environmental Protection Agency (EPA)/New Jersey Department of Environmental Protection (NJDEP) proposed boundaries for the existing CEA shall include the following block and lot numbers: Block 17, Lots, 2, 3, 4, 5, 6, 7, 7.01, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 22.01, 22.02, 22.03, 22.04, 24, 25, 28, 31.01, 33, 41, 42, 43, 44, 44.01, 44.02, 45 and 50, subject to any further amendments by the EPA/NJDEP, which amendments would thereby add additional lots to the CEA.

§ 197-14 Notice of intent; fees and bond required.

A. 
Anyone seeking to install a well to serve either residential or commercial usage within the CEA as part of new construction, prior to commencing any construction, shall provide to the Board of Health a notice of intent, which shall include the following:
(1) 
The number of wells to be installed;
(2) 
The location of all the wells to be installed;
(3) 
The schedule for the quarterly sampling for four consecutive quarters; and
(4) 
An agreement to provide all results to the Board of Health.
B. 
Additionally, the following shall also be paid to the Board of Health at the time a notice of intent is provided to the Board of Health:
(1) 
Payment of the fee to the Board of Health as required by § 193-6.
(2) 
Prior to issuance of a well drilling permit, a bond in the amount of $3,000 shall be posted with the Board of Health. The bond shall be in the form of cash, certified check, bank check, a letter of credit issued by a banking institution licensed in the State of New Jersey, or a surety bond issued by an insurance company authorized to do business in the State of New Jersey. The form of the letter or credit or bond shall be subject to the prior approval of the Attorney for the Board of Health.
(3) 
The Bond shall remain in effect throughout the period a building permit is valid. If a permit lapses or is revoked, the well shall be closed/abandoned and permanently sealed with cement grout by a licensed New Jersey well driller within 14 days of such lapse or revocation date. If the well is not sealed within 14 days of the lapse or revocation date, the Board of Health may use the bond to close the well.
(4) 
The bond shall be returned within 30 days of the issuance of a permanent certificate of occupancy being issued by the Township of Chester.

§ 197-15 Sampling parameters.

A. 
For each well, water tests shall be done pursuant to NJDEP testing guideline requirements. The sample taken and testing results shall be performed by a NJDEP certified laboratory. All quarterly water tests shall be submitted to the Board within 60 days of being performed.
B. 
The sampling parameters shall include all of the existing potable water criteria required by § 197-11 and in addition shall include testing for 1, 4-dioxane in accordance with appropriate standards and/or guidelines. The maximum contamination levels established by the EPA/NJDEP are hereby adopted as a standard for the determination of potability. Any additional parameters as set by the EPA/NJDEP will be required.

§ 197-16 Authorization for installation.

A. 
Upon satisfactory review and approval of the notice of intent for sampling, the Board of Health shall provide authorization for the installation of the proposed well(s). The installation and construction of the well(s) shall be performed in accordance with applicable state and federal rules and regulations and subject to inspection and approval by the Township-registered Environmental Health Specialist/Health Officer.
B. 
Any wells drilled are to be capped with a locking device that meets the NJDEP criteria for well locking devices. The locking device is to be installed at the time the well is drilled.
C. 
The applicant will be responsible for monitoring and maintaining the wells to confirm the well caps are in good order and are locked. The Board shall have the right, but not the obligation, to have access to the property to monitor all wells to ascertain that each well cap is in good order and that each cap is locked.
D. 
Each well cap shall be locked until a well is put into use as a potable water supply for residential use or until the well is closed and sealed. Failure of the applicant to cap the well(s) pursuant to the NJDEP criteria and monitor and maintain the well caps may result in the well or wells being ordered closed and abandoned and permanently sealed with cement grout by a licensed New Jersey well driller.

§ 197-17 Testing.

A. 
The testing must be performed by a laboratory certified and licensed by the State of New Jersey to perform water tests, and a chain of custody shall be provided. The applicant is to provide a written statement identifying the depth each sample was taken below a casing and also identify the depth of the highest level or levels of contamination that exist.
B. 
The applicant's failure to test a well or wells within the required time frame shall result in a well or wells being closed/abandoned and permanently sealed with cement grout by a licensed New Jersey well driller by the applicant within 90 days of the missed testing date. Further, if the applicant fails to close and seal the aforementioned well or wells, the Board may do so utilizing applicant's bond for the costs of closing and sealing. In the event that the costs of closing and sealing exceed the bond amount previously posted, the applicant shall reimburse the Board within 30 days of having been notified of the additional costs.

§ 197-18 Noncompliance with standards.

A. 
If a well does not comply with the standards of water supply systems incident to new construction as set forth in this chapter and the 1, 4-dioxane standard, the applicant must take a fifth water sample within the next quarter (90 days) following the fourth quarterly sample with any necessary filtration and/or chemical treatment system such as a point of entry treatment (POET) system. Any system shall be approved by the Township Sanitarian prior to installation. The system is to filter out or treat any chemical substance and to reduce the amount of the substance to comply with the standards set forth in the Chester Township Code and the 1, 4-dioxane standard.
B. 
Failure of the fifth water sample to meet Chester Township and 1, 4-dioxane standards shall result in the well or wells being closed/abandoned and permanently sealed with cement grout by a licensed New Jersey well driller by the applicant within 30 days of the sixty-day requirement of test result submission. Upon failure to close and seal the aforementioned well or wells, the Board may do so utilizing the applicant's bond for the cost of closing and sealing. In the event that the costs of closing and sealing exceed the bond amount previously posted, the applicant shall reimburse the Board within 30 days of having been notified of the additional costs.

§ 197-19 Final plumbing approval requirement.

In addition to all other tests required, the dwelling must have final plumbing approval before obtaining a potable water sample, which shall be taken from the kitchen sink and analyzed by a laboratory duly licensed by the NJDEP. A chain of custody and sample results shall be provided. The sample must comply with the well standards. All well permits requested in the CEA will require the requisite.

§ 197-20 Disclosure.

It shall be the responsibility of the homeowner and all subsequent homeowners to advise prospective purchasers of the property of the original water test results obtained for the certificate of occupancy. Additionally, prospective purchasers shall also be advised of the necessary treatment equipment required to meet appropriate drinking water standards.

§ 197-21 Escrows for professionals.

A. 
With regard to any applications relating to a subdivision, site plan, development of one or more lots, seeking Board interpretation or waiver or modification, an escrow amount is to be paid at the time the application is made to the Board in the amount of $1,000 to pay for the cost of any professional services.
B. 
The escrow account will be established to cover the cost of professional services, including engineering, legal and other expenses connected with the application. Escrow account funds not utilized in the review process will be returned to the applicant. As invoices are received from time to time by the Board from the professional consultants of the Board (attorney, planner, professional engineer, traffic engineer, and others who are employed to review the application), the Treasurer of the municipality will immediately request the applicant, in writing, to pay such additional funds into the escrow account as may be required to cause the amount in the escrow account to equal the initial deposit plus all outstanding directly related professional fee invoices. The Treasurer will review the account at least monthly to ensure that the escrow funds are maintained at the prescribed level. As the invoices of the professional consultants are reviewed and approved for payment by the Board and Council, the Treasurer will pay 100% of the approved invoices from the escrow account. The professional consultants shall send a copy of the invoice to the applicant.

§ 197-22 Violations and penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not more than $500 per day for each violation. Each day's continued violation shall constitute a separate offense.

§ 197-23 Inconsistencies and/or invalidity.

A. 
Any provision of any ordinance of the Township of Chester which is inconsistent with the provisions of this chapter is hereby repealed to the extent of such inconsistency. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.
B. 
This chapter shall take effect as provided by law.

§ 197-24 Inspection and construction of individual supply systems.

A duly authorized representative of the Board of Health may make inspections during the construction of an individual water supply system to determine compliance with the terms of the certificate of compliance, location and design issued therefore. The Board of Health shall be notified at least 72 hours prior to the commencement of the construction of any such system.