[Adopted 2-20-1992 by Ord. No. 473-92]
As used in this article, unless a different meaning clearly
appears from the context, the following words shall have the following
meanings:
Any building or structure heretofore or hereafter constructed
and designed or used for dwelling purposes or occupancy by persons,
whether temporary or permanent, or in which water is used for human
consumption or otherwise.
When used with respect to a building constructed prior to
the date of initial operation of a waterline available to serve said
building which is owned or operated by the Township or by a private
utility authorized to do business in the Township of Mine Hill, shall
mean the 90th day next ensuing after the waterline is available to
serve said building. Any building built after the date when a waterline
is available to serve said building shall connect to such waterline
at the time such construction is completed and prior to occupancy.
The releasing, spilling, leaking, pumping, pouring, emitting,
employing or dumping of a pollutant into the waters of the state or
onto land or into wells from which it might flow or drain into said
waters and shall include the release of any pollutant into a municipal
treatment works.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuge, oil, grease, sewage sludge, munitions, chemical wastes,
biological materials, radioactive substance, thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, and industrial, municipal
or agricultural waste or other residue discharged into the waters
of the state.
Those pollutants or combinations of pollutants, including
disease-causing agents, which, after discharge and upon exposure,
ingestion, inhalation or assimilation into any organism either directly
or indirectly by ingestion through food chains, will, on the basis
of information available to the Commissioner, cause death, disease,
behavioral abnormalities, cancer, genetic mutations or physiological
malfunctions, including malfunctions in reproduction or physical deformation
in such organisms or their offspring.[1]
Any pipe or conduit designed or used for the transmission
of potable water within the Township, whether owned and operated by
the Township itself or any regulated public utility authorized to
supply water for domestic and other purposes within the Township of
Mine Hill.
The ocean and its estuaries and all springs, streams and
bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of this state or subject to its jurisdiction.
The owner of any building or lot which the Department of Environmental
Protection has declared, in writing to the Township of Mine Hill and/or
to the owner thereof, to have been adversely affected or polluted
by hazardous or toxic substances, and/or encompassed in a groundwater
impact area, emanating from a toxic spill or discharge, which has
upon it, for use in connection with domestic or nondomestic purposes,
a well or wells, the water of which either has been contaminated or
is exposed to a high potential of contamination, shall, when a public
water supply is made ready and available for hookup in the street
upon which said lot or building fronts, within 250 feet of said lot
or building, whichever is greater, do the following:
A.
Sealing so as to permanently destroy any water-producing capacity of any well located upon said premises, whether used for domestic or nondomestic purposes, within 30 days after such time as public water, as referred to in § 533-36 below, has been hooked up to said building or within 60 days of notice received to hook into said public water supply as hereinafter set forth, whichever first occurs. This section shall not become effective until the Department of Environmental Protection (DEP) executes a contract, which includes the sealing of wells in the groundwater impact area. However, this section shall become effective in the event the DEP determines not to contract for such sealing of wells or fails to provide the public bidding for contracts for the sealing services within six months of the installation of the last waterlines in the designated well restriction area.
B.
Hook into the public water supply so that said public water supply
shall be used for all domestic purposes, dwelling purposes or for
any purpose relating to human occupancy within 60 days of notice being
given to said owner. Nothing contained in this subsection shall prevent
the use of said public water supply for uses other than domestic.
Every connection required by this article shall comply in all
respects to the Plumbing Code of the Township of Mine Hill Uniform
Construction Code, or such other code as shall be in force and effect
at the time connection is required.
Upon receipt by the Board of Health of notification from the appropriate agency or department within the Township of Mine Hill or from the private utility authorized to do business in the Township that any waterline is available to serve buildings on any properties in the Township as described in § 533-33 above, the Board of Health or such other agency or department within Mine Hill Township shall order each owner of a building within 250 feet of the waterline or of a lot within 250 feet of such waterline to connect each building on such property with the said waterline in accordance with the terms of this article.
The Board of Health of the Township of Mine Hill shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 533-35. Such notice shall be addressed to the owner of said property as the name of the owner appears on the last tax duplicate of the Township of Mine Hill and shall describe the property by lot and block designation as the same appears in the Tax Map of the Township of Mine Hill and by the street address if a street address exists. The notice shall state that, by order of the Board of Health, the owner is required to connect each building on said property with the waterline in accordance with the terms of this article on or before the connection date with respect to such building, or if such connection date shall have passed, within 60 days after service of notice as herein provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this article. Said notice may also be served within or without the limits of the Township of Mine Hill by mailing the same by certified mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township for Mine Hill. Said notice may be served on the owner personally or by leaving it at the usual place of abode with a member of his family above the age of 18 years.
A.
In the event any person or corporation shall not have connected the building or buildings on his or its property to an available waterline after the connection date and after the thirty-day notice sent to such person or corporation under § 533-36 of this article, such person or corporation shall, upon conviction thereof, be subject to the penalty in § 1-3, General penalty, of this Code.[1]
B.
Violations under this article shall be enforced by the Municipal
Court of the Township of Mine Hill.
