[HISTORY: Adopted by the Board of Health
of the Township of West Windsor 9-18-1984 by Ord. No. BH84-2 (Ch.
BH:X of the Revised General Ordinances); readopted by the Township
Council 4-19-1999 by Ord. No. 99-07. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
The Township of West Windsor deems it necessary
in regard to the public health within the municipality pursuant to
N.J.S.A. 26:3-31a to protect the citizens of the Township of West
Windsor from any abuses relating to the drilling and inspection of
water from wells and to prevent the use of or to close any well the
water of which is polluted or detrimental to the public health. Reference
is also made to N.J.S.A. 58:1A-6, 58:1A-7 and 58:1A-15 and N.J.A.C.
7:10-12.1 et seq., which contain the applicable state regulations
and requirements.
As used in this chapter, the following terms
shall have the meanings indicated:
The West Windsor Township Health Officer, any and all deputies
under his or her supervision or control and/or any designees acting
on behalf of the West Windsor Township Health Officer or West Windsor
Township Health Division.
Every property owner and every well driller
licensed to drill wells in the State of New Jersey shall, prior to
the drilling of the same, file an application with the Health Division
of the Township of West Windsor for a permit to drill said well, showing
the names of the owners of the property, the name of the licensed
well driller proposing to drill the well, the street address and tax
map lot and block of the property in question and an informal sketch
showing as accurately as possible the location of the proposed well
upon the property, as well as the location of any existing or proposed
septic systems and laterals thereof located on the property and/or
adjacent properties within 100 feet.
Permits will be granted to all applicants when
located in accordance with the distance requirements set forth in
N.J.A.C. 7:10-12.13, unless it appears that the location of the well
is so close to an existing or proposed septic system or laterals thereof
or is in some other way likely to cause a potential health hazard.
If a public water supply is available to the property, a new private
water well may be drilled or the existing one kept, provided that
no cross-connection possibility exists and that compliance with state
and local laws relating thereto is assured.
Notwithstanding anything set forth above, any
person proposing to commence work on a well must give at least 48
hours' written notice to the Health Division of the Township of West
Windsor before commencing any such work. In addition, the Township's
Health Officer must be allowed to be present during any and all phases
of construction that said individual chooses to be present at up to
and through completion.
[Amended 7-17-1985 by Ord. No. BH85-2]
Upon attaining a permit, the well driller in
charge, before completion of the well, must notify the Health Officer
and arrange a date when the water sample will be taken by a New Jersey
Certified Testing Laboratory for potability, as required by the New
Jersey Department of Environmental Protection and/or the West Windsor
Township, so that the Health Officer, if said Health Officer so chooses,
may be present at the time the sample is to be taken. Each sample
taken must be placed in an approved closed container and labeled with
a label noting the date the sample was taken and the permit number
under which it was taken. The Health Officer may require a second
sample be taken at the same time and labeled in the same manner for
use by the West Windsor Township Health Division as a control or check
sample.
Upon completion of the well, the well driller
must present to the Township Health Division a copy of the results
by a New Jersey State Certified Testing Laboratory of the water sample
and provide an additional copy for filing with the Health Officer.
The West Windsor Township Health Officer may
have access and entry to any property upon which there is located
a private well to inspect the same and/or take samples of the water
therefrom at any time.
The Health Officer may order any well which
is determined to be polluted or detrimental to the public health closed
until and unless the water is made potable. Such order shall notify
the well driller or property owner that a hearing may be held on five
business days' notice before the Board of Health of the Township of
West Windsor, upon written request made by the owner or the well driller.
In the event that such written request is made and no hearing is held
or the owner or well driller is successful in said hearing, the order
of closure shall be immediately and automatically voided. In the event
that no hearing is requested or the well driller or property owner
is unsuccessful after a hearing demanded, the order of closure shall
remain in full force and effect until the well water is determined
to be safe for human consumption by the Health Officer. Said notice
shall be in writing, delivered to the premises in question or the
licensed driller by regular mail and shall state the reason for the
proposed order to close the well.
Any well declared abandoned must be sealed in
accordance with N.J.S.A. 58:1A-6, 58:1A-7 and 58:1A-15.
