A code regulating the location, construction,
alteration, use and supervision of individual and semipublic water
supplies, requiring certain permits, the fixing of fees and prescribing
penalties for violation is hereby adopted pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of the code is annexed to this chapter and made
a part of it without inclusion of the text herein.
The code established and adopted by this chapter
is described and commonly known as "Standards for the Construction
of Public Noncommunity and Nonpublic Water Systems (1985)" which is
set forth in N.J.A.C. 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.
Three copies of N.J.A.C. 7:10-12.1 et seq.,
Standards for the Construction of Public Noncommunity and Nonpublic
Water Systems (1985), have been 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.
For purposes of this Chapter
177, the following terms shall have the following meanings:
APPLICANT
A developer or property owner submitting an application for
development or for a permit to install a well.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use or direction of the issuance of a permit
pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPLICATION FOR WELL PERMIT
The application form and all accompanying documentation required by the Township for approval to locate, construct or alter a water supply in accordance with §
177-6A of this section and as authorized by N.J.A.C. 7:10-12.40.
BUILDING LOT
A designated parcel, tract or area of land established by
plat or otherwise permitted by law to be used, developed or built
upon as a unit and for which the water supply is to be obtained from
a private on-site well.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
LOCAL ENFORCEMENT OFFICER
The Township Health Officer, Sanitary Inspector, Registered
Environmental Health Technician or other technical representative
of the Township as may be designated by the Boonton Township Board
of Health.
LOCAL LAND USE AGENCY
The municipal agency responsible for review and approval
of an application for development.
PLOT PLAN
A map prepared by a New Jersey licensed professional engineer,
based upon a plan or survey and identifying all existing and proposed
septic systems and wells within 200 feet of the proposed well(s) in
addition to requirements of N.J.A.C. 13:405.1.
The Board of Health may issue a well 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 well driller stating that the design of the water supply as proposed is in compliance with this Chapter
177.
New water supplies shall not be placed in operation, nor shall new dwellings or buildings or additions that rely on such new water supplies be sold or occupied, until the Board of Health has been supplied with 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 the aforesaid code and this Chapter
177. Submission of such certificate shall not be required for alteration to an existing water supply.
The well which is intended to provide water
service to each building lot shall be drilled and tested prior to
the issuance of a building permit in accordance with the following:
A. The proposed well shall be pumped continuously for
four hours and tested for yield, drawdown, and recovery. The well
shall be tested for peak demand and constant head at flow rates determined
in accordance with New Jersey Geological Survey Ground-Water Report
Series No. 1, Two-Part Pump Test for Evaluating the Water Supply Capabilities
of Domestic Wells as prepared by Jeffrey L. Hoffman and Robert Canace
for the New Jersey Geological Survey, Department of Environmental
Protection.
B. Flow rates. Minimum rates shall be established in accordance with the method described in Subsection
A above. The maximum constant head flow rate shall equal or exceed that established for the maximum dwelling size anticipated. If flows less than that determined for the maximum structure size are obtained, then a detailed report identifying the minimum shall be submitted with the application. Minimum flow rates for nonresidential wells shall be determined in accordance with Table 1 of N.J.A.C. 7:10-12.7 et seq., Standards for the Construction of Public Non-Community and Non-Public Water Systems.
C. The lot owner's well driller or engineer shall certify
and furnish to the local enforcement officer the following information:
(1) Addendum to well permit application showing the exact
well location.
(4) Yield in GPM as defined above.
(5) Geologic formation or rock type based upon maps and
field observation.
(7) Depth of casing (50-foot minimum required, except as set forth in §
177-10A).
(8) Static water level (the elevation or depth of water
in well prior to pumping or after pumping as measured from top of
casing).
(14)
Elevation at ground surface.
(15)
Pump type and specifications.
(16)
Observation methods and measurement details.
D. If, in the judgment of the local enforcement officer,
there is reason to believe that the purpose of this section may in
any way be contravened by the proposed withdrawal, additional test
pumping may be required by the enforcement officer.
E. Unless it can be demonstrated by the applicant's engineer
or well driller that yields are above the required rate of discharge
for the system and there is no detrimental effect on surrounding wells,
lawn irrigation systems are prohibited. Increased storage may be recommended.
If any permit or 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 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.
The Board of Health or its duly authorized representative
may order all further work in and about any water supply which is
being erected or installed in violation of the aforesaid code and/or
the provisions 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 or of this chapter. 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.
Prior to the transfer of title of any new residential
dwelling serviced by an individual water supply, or prior to the use
of any new well for an existing residential dwelling, a certificate
of potability shall be obtained from the Board of Health indicating
that the water supply meets the current primary potable water supply
standards of the State of New Jersey and the Board of Health. Certified
laboratory results of samples must be supplied prior to issuance.
Results must indicate hardness, pH, coliform bacteria, standard plate
count, nitrates, iron and manganese. The results of all laboratory
analyses used to obtain a certificate of potability are valid for
nine months after the date of sampling. The only exception will be
in the case of coliform bacteria testing where the results are valid
for three months after the sampling date.
The fees and charges shall be as set forth in §
82-1A of this Code.
The Board of Health reserves the right to waive
any provision of this chapter which may be more stringent than the
applicable regulations promulgated by the Department of Environmental
Protection, provided that the applicant can demonstrate that the application
of the local regulation will cause unnecessary hardship and that a
waiver will not adversely affect the public health, safety or welfare.