[HISTORY: Adopted by the Township Committee
of the Township of Franklin 12-4-1997 by Ord. No. 97-45 (Ch. 130 of the 1988
Code); amended in its entirety 6-23-2005 by Ord. No. 2005-13. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Water Supply
Ordinance of the Township of Franklin."
A.
It has been established in the report entitled "Ground
Water Resource Assessment, Franklin Township, Hunterdon County," dated
October 1994, revised December 1996, prepared for Franklin Township
by Leggette, Brashears and Graham, Inc., that a safe, sustainable
groundwater supply for the Township's residences and businesses is
limited because the Township's groundwater supply is developed primarily
from sole source aquifers and no alternative water sources exist or
are planned and because those sole source aquifers are further constrained
as a water supply resource by the limited nitrate dilution capability
of geologic formations within the Township.
B.
The purpose of this chapter is to ensure that the
development of the Township occurs in a manner that offers the maximum
protection of a safe and adequate water supply for existing and prospective
residences and businesses. This chapter is designed:
(1)
To protect the Township's water supply for all residents.
(2)
To ensure that new wells constructed in the Township
will yield a sufficient rate of water which will meet accepted water
quality standards.
(3)
To ensure that new wells do not significantly impact
the performance of existing wells.
(4)
To collect data and information about the groundwater
resources of the Township in order to determine the potential and
limits of groundwater supplies for existing and new uses.
(5)
To ensure that prior to issuance of a certificate
of occupancy or the issuance of a certificate of occupancy or the
issuance of a continuing certificate of occupancy any well providing
water for human consumption shall pass a water quality test and any
other test as may be required by law and this chapter.
The following laws and associated regulations
are incorporated by reference:
A.
Water Supply Authority Act (N.J.S.A. 58:1B-1 to 58:1B-25).
B.
Subsurface and Percolating Waters Act (N.J.S.A. 58:4A-4.1
to 58:4A-28).
C.
Water Pollution Control Act (N.J.S.A. 58:10A-1 to
58:10A-60) and the Realty Improvement Sewerage and Facilities Act
(N.J.S.A. 58:11-23 to 58:11-48).
[Amended 10-31-2006 by Ord. No. 2006-12]
D.
Safe Drinking Water Act (N.J.S.A. 58:12A-1 to 58:12A-25).
E.
Private Well Testing Act (N.J.S.A. 58:12A-26).
F.
Health and Vital Statistics (N.J.S.A. 26:3-31.a).
As used in this chapter, the following terms
shall have the meanings indicated:
Any physical change in a well, including, without limitation,
deepening, modifications or removal, such that there will be a change
in its size, construction or installation or an increase in the pumping
capacity of the well. "Alter" shall be construed accordingly. Specifically
excluded from this definition is the replacement of pumps of equal
or lesser capacity and the installation of pitless adaptors with those
of equal or lesser capacity.
Accepted under applicable specifications stated or cited
in this chapter or accepted as suitable for the proposed use under
the procedures and powers of the administration set forth in this
chapter. "Approval" shall be construed accordingly.
The distance between the static water level either 10 feet
above the pump intake level, if a pump has been installed, or 10 feet
above the bottom of the well, as measured from the top of the well
casing.
The decline in the water level in a well due to the pumping
of the subject well or a nearby well. Drawdown is measured relative
to the static water level.
The amount of drawdown measured in a well resulting from
the commencement of pumping from a nearby well or wells.
A subdivision creating two or more new lots.
A production well which is installed in such a way that it
can both provide domestic potable water and allow monitoring of groundwater
resource and water quality.
A well installed specifically for the purpose of groundwater
resource and water quality assessments (i.e., a nonsupply well).
Any use of a well that is not directly related to the supply
of water for domestic use for a realty improvement.
A well utilized to obtain water-level measurements during
aquifer testing.
Any water used or intended to be used for drinking or culinary
purposes.
An individual who has received a minimum of a bachelor's
degree in geology at an accredited institution or has completed an
equivalent of 30 semester hours of geological education while obtaining
a bachelor's or master's degree in a related field of engineering
or science at an accredited institution. Such a person must also demonstrate
five years of professional work experience in the practice of applying
geologic principals to interpretation of groundwater conditions.
Any existing or proposed building or modification thereof
the use or occupancy of which requires a water supply system. Each
dwelling unit in a multiple dwelling shall be construed to be a separate
realty improvement.
To fix, refurbish or replace one or more components of a
water supply system in a manner that will restore and preserve the
original location, design, construction, installation, and yield of
the system.
Any well intended to replace an existing well when the existing
well no longer produces an acceptable quantity or quality of water.
A replacement well is not a supplemental well installed to increase
the water supply for a given realty improvement or for a secondary
or accessory use of the property.
Average daily demand is based on 100 gallons per day per
person times the number of bedrooms times two people per bedroom (four-bedroom
home equals 800 gallons per day, five-bedroom home equals 1,000 gallons
per day).
Well located on a residential site whose primary purpose
is for irrigation, filling of swimming pools, or where the residential
average daily demand for domestic potable water is less than 60% of
the expected demand on the individual well. It shall be specifically
identified on the approved plan or site plan, and permanent identification
shall be marked on the actual well.
The water level in a well before or several days after pumping
when all local pumping effects on the aquifer have dissipated and
the water surface in the well is in equilibrium with pressures in
the aquifer.
A well used to provide groundwater supply development assessment
and viability.
Designated individual meeting all qualifications defined
by the state for such role, or the Township's designee.
A man-made excavation that derives water from fractures and
openings of the rock or soils which it taps.
The drilling, building, assembly or installation of a new
groundwater supply system or the enlargement of any existing groundwater
supply system by alterations to the existing system in accordance
with N.J.A.C. 7:9B. "Well construction" shall be construed accordingly.
The flow of groundwater into a well from the aquifer following
the cessation of pumping.
The plan of well testing proposed by an applicant and submitted
for approval to the Land Use Board prior to the aquifer testing prescribed
by this chapter.
The maximum rate at which water can be pumped for a long-term
duration from a well under normal hydrological conditions.
A.
A state well drilling permit is a prerequisite to
the installation or alteration of any water well. No person shall
locate, construct, replace or alter any well within the Township until
a permit for the location, construction, or alteration of such well
has been issued by the State of New Jersey. All work on any well within
the Township must be conducted by a licensed well driller in accordance
with N.J.A.C. 7:9B.
B.
A Township well drilling permit is a prerequisite
to the installation or alteration of any water well within the Township.
A state well drilling permit is a prerequisite for the Township permit.
C.
State and Township well permits are a prerequisite
to the installation or alteration of any well for an aquifer test.
The Township Land Use Board will determine the pass/fail results of
all aquifer tests described in this chapter.
A.
Prior to the issuance of a building permit, all new
or altered wells constructed in the Township must be certified and
approved by the Township Health Officer. Certification shall be contingent
upon successful conclusion of all well and water quality testing prescribed
by this chapter.
B.
Certification prior to issuance of a building permit
requires the following:
C.
If a well test is required as part of the Land Use
Board checklist for major subdivision - well test residential subdivisions,
the aquifer test plan must be approved by the Land Use Board prior
to the well test. The Land Use Board shall certify the results of
the aquifer test for site plan approval, as prescribed in this chapter.
Data collected by the applicant as part of the aquifer test can be
used for well certification by the Township Health Officer. Therefore,
a separate test of the well(s) pumped for the aquifer test is not
required.
A.
Intent.
(1)
An aquifer test and analysis as set forth in § 365-8 shall be conducted as part of a preliminary plat application of a major subdivision of three new building lots or more which will be served by on-site wells.
(2)
An aquifer test and analysis as set forth in § 365-9 shall be conducted as part of a preliminary plat application for the subdivision of two new building lots or fewer and for minor site plans and for well certifications.
(3)
An aquifer test and analysis as set forth in § 365-10 shall be conducted as part of a preliminary plat application for a nonresidential preliminary site plan, or for new wells for secondary residential uses, or for any new well which will use 5,000 gallons of water per day (gpd) or more, or for an increase in water demand equal to 5,000 gallons per day (gpd) or more from an existing well.
B.
Applicability. The deepening or replacement of a well that has the primary purpose of providing drinking water to a residence is exempt from the requirements of this chapter except for the state well drilling permit. However, the installation of any well with the primary purpose of irrigation, filling of swimming pools, or for any purpose other than to serve as the sole source of drinking water for a residence must satisfy the requirements of Subsection D below and § 365-10. A well installed for irrigation, filling of swimming pools, recreational use or any purpose other than providing the sole source of drinking water is considered to serve a nonresidential use.
C.
Waiver. If an applicant can show that given the expected
average daily demand and distance to other nearby wells, the proposed
development will not induce drawdown in any existing or future wells
adjacent to the boundaries of the proposed development, or any existing
or future wells within the proposed development, then the applicant
can request a waiver from the Land Use Board for all or some of the
requirements of this chapter.
D.
Aquifer test and analysis.
(1)
The testing procedures for a major subdivision or site plan shall be based on a hydrogeologic analysis and a minimum of one aquifer test. The hydrogeologic analysis shall include the review of available information, including but not limited to published maps and reports depicting Franklin Township and surrounding municipalities, stereo pairs of aerial photographs, reports referenced in § 365-2 and New Jersey Geological Survey (NJGS) Special Report No. 24. In addition, the hydrogeologic analysis will include the design and conductance of aquifer test(s). The data collection shall be designed and evaluated by a qualified hydrogeologist as defined in this chapter. A geologic and hydrogeologic report containing appropriate maps, well logs, pump test data and monitoring well data and complying with the requirements of §§ 365-8, 365-9 and 365-10 shall be prepared and submitted. Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the design of the aquifer test(s) shall be submitted for review and approval by the Land Use Board.
(2)
The aquifer test shall consist of at least one pumping
test conducted at a sufficient rate and duration to be able to determine
aquifer characteristics such as transmissivity and storage coefficient.
As part of the aquifer test, observation wells are to be monitored
to determine and evaluate the cone of depression, confirm aquifer
parameters, and predict the effect of long-term pumping on existing
and future wells.
A.
Intent.
(1)
The rate and duration of the aquifer test will depend
upon the size of the proposed subdivision and expected average and
peak daily demands for all wells. The aquifer test will be conducted
in three phases, which are the background phase, the pumping phase,
and the recovery phase. The aquifer test shall be conducted at a location
most representative of site geologic conditions. For residential subdivisions,
biasing of testing toward areas of increased fracture density may
result in the Township requiring additional testing in areas of lower
fracture density to ensure that adequate yield is available throughout
the proposed development.
(2)
If the proposed site is underlain by two or more geologic
formations, then an aquifer test will be required for each portion
of the site underlain by each formation. The test requirements for
each formation will depend on the number of lots and size of units
per formation.
(3)
In the event that the preliminary hydrogeologic evaluation
indicates that a surface water and/or groundwater divide separates
the site, an aquifer test will be required for each side of the divide.
(4)
The average daily and average yearly water demand
for the proposed development must be determined according to the guidelines
in N.J.A.C. 7:10-12.7. The peak day demand is twice the average daily
demand.
(5)
To ensure that the pumping phase adequately stresses
the aquifer, the volume and length of the pumping phase will be equal
to the following: a) the volume of water removed from the aquifer
is equal to the residential average daily demand multiplied by a factor
of two for peak demand (e.g., 10 four-bedroom dwelling units times
a peak day demand of 1,600 gallons per unit equals 16,000 gallons);
b) minimum test duration will be eight hours. The pumping phase should
simulate peak-day demand and therefore, the pumping phase duration
is not to extend more than 24 hours. The minimum pumping rate is calculated
by dividing the peak-day demand by 1,440 minutes per twenty-four-hour
period.
(6)
For mixed developments containing both residential and nonresidential properties, the residential portion to be subdivided will be tested as described above for residential developments. Each proposed well for the commercial portions in a residential site plan will be tested as described in § 365-10 for nonresidential site plans. In addition, wells installed for the residential portion can and should be used as observation wells for the nonresidential testing, and wells installed for nonresidential use should be used as observation wells for the residential testing.
(7)
For any nonresidential use proposed within the site plan, demand should be determined based on N.J.A.C. 7:10-12.6 or in consultation with the County Agricultural Extension Agent. If the demand exceeds 100,000 gallons per day, a New Jersey water allocation permit must be obtained from the New Jersey Department of Environmental Protection. For demands less than 100,000 gallons per day an aquifer test should be conducted for the projected nonresidential demand in accordance with § 365-10 of this chapter. The length of the pumping phase of a nonresidential use aquifer test will equal to the greater of the following: a) The volume of water removed from the aquifer is equal to the peak-day demand; or b) eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The peak-day demand should be assumed equal to twice the average daily demand.
(8)
The number of observation wells required per aquifer
test will depend on the number of dwelling units and/or commercial
units for the proposed development. New and existing monitoring wells
may be installed such that they can be used as future water-supply
wells but they shall be located in such a manner that will yield the
most accurate information concerning the aquifer. Observation wells
should be located parallel and perpendicular to strike of the primary
regional bedding and/or fractures and those intersected by the tested
well.
(9)
All wells must be located in accordance with the minimum
distances required by N.J.A.C. 7:10-12.12. For nonresidential developments
with an expected average daily demand less than 1,000 gallons per
day, an observation well is not required. For nonresidential developments
with an expected average daily demand 1,000 gallons per day or more,
but less than 5,000 gpd, an observation well is required. This well
should be within 200 feet of the pumping well. For all other nonresidential
developments, two or more observations are required. At a minimum,
one of these observation wells should be within 200 feet of the pumping
well. A second observation well must be within 200 to 500 feet of
the pumping well. These two wells should be located along strike of
the formation bedding and/or major regional fractures and those water-bearing
fractures intersected by the pumping well. If additional observation
wells are necessary, these wells should be located parallel to secondary
and tertiary fracture sets.
(10)
A fracture trace analysis on historical aerial
photography showing the location and orientation of fractures beneath
the site must be included with the aquifer test plan. This same analysis
with additional information regarding septic system location must
be included in the final report. This fracture trace analysis should
be used to identify all observation wells, which should be located
along strike of the primary geologic fractures/structures on and near
the property.
(11)
Residential subdivisions which cannot be classified as a major subdivision - well test shall conduct an aquifer test on each well as outlined in § 365-9. For residential major subdivisions - well test, the required minimum number of observation wells shall be as shown in Table 1.
Table 1
Number of Observation Wells Required for
Residential Subdivisions
| |||
---|---|---|---|
No. of Proposed Lots
|
No. of Observation Wells
|
Number of Wells (including observation2)
| |
1
|
Not required (single home)
|
1 (the test well)
| |
2
|
Adjacent well (two houses)
|
2
| |
3 to 15
|
3 (minimum of 2 new wells within proposed subdivision)
|
4
| |
16 to 25
|
4 (minimum of 2 new wells within proposed subdivision)
|
5
| |
26 to 49
|
6 (minimum of 4 new wells within proposed subdivision)1
|
7
| |
50 or more
|
Test proposal submitted to Land Use Board and
NJDEP for review and approval
|
NOTES:
| ||
---|---|---|
1
|
If wetlands are present on the site, one observation
well must be set within the first water-bearing unit between the wetland
and the test well utilized.
| |
2
|
Column represents minimum number of wells subject
to specification of the approved aquifer test plan.
|
(12)
The observation wells and test well must have
a geologic log describing the depth and types of soils and rocks encountered
and the depth and yields of all water-bearing fracture zones. Furthermore,
the logs should include static water-level measurements and total
yield estimates for each well. The observation wells should be completed
to a similar depth as the test well, except as noted above for subdivisions
of 26 to 49 homes. At least one of the observation wells should be
within 200 feet of the test well, and at least one observation well
must be located along the preferential fracture direction between
200 to 500 feet of the pump well. Additional observation wells should
be located to evaluate potential secondary fractures and impacts to
adjacent properties. If one of the observations wells is not used
as a residential supply well, that well can be deeded over to the
Township for use as a monitoring well.
(13)
The design of the aquifer test shall be developed
using the applicable guidance from "Guidelines for Preparing Hydrogeologic
Reports for Water Allocation Permit Application with an Appendix on
Aquifer - Test Analysis Procedures" NJGS GSR 29 (1992 or most recent
edition) or successor document. The aquifer test shall be conducted
according to the following procedure:
(a)
Owners of existing wells on lots located within
500 feet of the subdivision boundary shall be given an opportunity
to have their wells monitored during the aquifer test. Such opportunity
shall be given by the applicant by notice via certified mail and shall
give the time and place of the aquifer test. An example letter is
included in Appendix A.[1] The notice shall indicate that such existing well may
be monitored if agreed to by the well owner, provided the well is
readily accessible. Such notice shall indicate that the existing well
owner must respond within seven days, and the applicant's responsibility
is to monitor up to three wells on properties within 500 feet of the
subdivision boundaries. If the owner of the lot within 500 feet of
the subdivision boundaries decides to participate by agreeing to have
their existing well monitored, they shall notify the applicant by
certified mail. Such response shall be provided within seven days
of receipt of the certified notice from the applicant. If the applicant
receives no response within the time provided, the response shall
be deemed to be negative.
[1]
Editor's Note: Appendix A is on file in the
Clerk's office.
(b)
All reasonable efforts shall be made to protect
the portability of water from the monitored well.
(c)
In the case when more than three property owners
within 500 feet of the subdivision boundaries decide to participate
and to have their existing wells monitored, only the three nearest
to the test well need be monitored. However, if any of the property
owners requesting monitoring have wells completed to a depth less
than 100 feet, these wells must also be monitored in addition to the
three nearest wells. A map depicting the location of all wells to
be monitored and a list of all property owners within 500 feet of
the subdivision boundary that requested monitoring is to be submitted
to the Planning Board for review and approval prior to implementing
the test.
(d)
Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Township. In addition, appropriate escrow funds as defined in Chapter 310 shall be established with the Township. Such review may include submission of such design to a qualified hydrogeologist retained by the Board for review and recommendations. The Board may consider the comments and recommendations of the Board's hydrogeologist prior to approving the aquifer test plan. A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
(e)
The aquifer test will be comprised of three
phases. The first phase will involve the collection of background
water levels prior to the start of the test. The second phase will
involve the pumping of water from the well and the monitoring of water-level
drawdown in the observation and pumping wells. The third phase will
involve the recovery of water levels in the observation and pumping
wells after the pump has been shutdown. This third phase of the test
should be, at a minimum, the same length as the pumping phase.
(f)
The aquifer test (all three phases) shall not
be conducted during a precipitation event or events in which total
precipitation exceeds 0.5 inches. If precipitation occurs during the
test, the applicant should provide precipitation amounts and sufficient
data to show that the precipitation did not recharge the aquifer during
the test and adversely impact the testing results. If precipitation
amounts exceeding 0.5 inches are recorded, the test must be repeated.
(g)
The background phase includes allowing the test
well and observation wells to stabilize for a minimum of three days
before the test. At a minimum, water levels should be measured each
hour from the test well and observation wells for a twenty-four-hour
period prior to the start of pumping. It is the applicant's responsibility
to collect sufficient data to determine background conditions and
to ensure that antecedent influences can be fully characterized. Barometer
measurements and additional water-level measurements can be made by
the applicant to evaluate the change in water levels resulting from
barometric pressure changes and/or influences from off-site pumping.
(h)
On the day of the pumping phase, water levels
shall be collected from all wells. For those wells showing a change
of more than 0.1 foot, a second round of measurements shall be collected
before starting the test. Additional rounds of measurements may be
necessary to determine that the well is in equilibrium. However, if
the applicant has barometric pressure data and water-level data to
indicate that the change in static levels is due to changes in barometric
pressure and/or antecedent influences, the applicant can submit these
data in lieu of delaying the pumping phase.
(i)
The pump and discharge pipe shall be equipped
with an orifice/manometer apparatus and calibrated flow meter to instantaneously
measure flow rate and determine total volume pumped from the well.
The discharge shall be directed so that it leaves the site without
infiltrating into the aquifer. Any and all permits required by the
NJDEP for the discharge of water must be obtained prior to starting
the test.
(j)
When the pump is started the flow rate shall
be adjusted immediately to a uniform pumping rate as required for
a constant-rate test and in accordance with the approved aquifer test
plan. The flow rate shall not vary more than 10% throughout the test.
If the flow rate fluctuates more than 10%, the test may be deemed
invalid and the applicant required to repeat the notification and
testing process.
(k)
Water-level measurements during the pumping
phase of the test shall be collected in accordance with Table 2. This
same schedule shall be followed for the recovery phase of testing
upon shutdown of the pump in the test well.
Table 2
Minimum Frequency of Water-Level Measurements
in Wells During Pumping and Recovery Phases of Aquifer Test
| |||
---|---|---|---|
Time Since Pumping
Began or Stopped
|
Test Well
|
Observation Wells
| |
0 to 5 minutes
|
0.5 minutes
|
0.5 minutes
| |
5 to 10 minutes
|
1 minute
|
1 minute
| |
10 to 30 minutes
|
2 minutes
|
2 minutes
| |
30 to 60 minutes
|
5 minutes
|
5 minutes
| |
60 to 120 minutes
|
10 minutes
|
10 minutes
| |
2 to 24 hours
|
10 minutes
|
30 minutes
|
(l)
If the water levels in the observation wells
and test well do not fully recover to static (prepumping) levels within
a length of time since pumping stopped equal to the length of pumping,
the test will be deemed to have failed unless adequate data can be
provided to ensure that the aquifer is of sufficient extent to prevent
the mining of groundwater.
(m)
Groundwater samples should be collected during
the pumping phase from the pumping well. The samples should be collected
in accordance with the NJDEP Field Procedures Manual. At a minimum,
the samples should be analyzed by a NJDEP certified laboratory for
hardness, iron, manganese, arsenic, copper, lead, nitrate, chloride,
total dissolved solids and coliform bacteria. Final well certification
by the Township Health Officer will require the analytical testing
as required by the State of New Jersey Private Well Testing Act. The
samples shall also be analyzed for volatile organic compounds EPA
Method 524. In addition, field measurements of pH, conductivity, and
dissolved oxygen should be made with calibrated instruments. If site
conditions indicate potential historic uses of pollutants, such as
heavy metals, pesticides, herbicides, and/or other semivolatile organic
compounds, these analyses should be conducted. Based on past historical
operations at the site or at nearby properties, the Board, at its
discretion, may require additional analyses of groundwater to assess
potential future and current impacts. The results of the water sample
analyses will be used to assess background water quality.
(n)
The Board may choose to have a person of its
choosing monitor the aquifer test.
B.
Adjacent properties. The observation wells shall be
placed to determine whether the cone of depression from the pumping
well will extend beyond the subdivision boundary in any direction.
This shall be determined by actual measurements or from projecting
the drawdown based on observation well data. If the wells are in use,
they should be allowed to stabilize before the pumping phase begins.
A minimum of two water-level measurements shall be collected from
each well before the test. For any observation well which has been
pumped within the 24 hours preceding the test, two depth-to-water
measurements at least one hour apart shall be collected to show that
the well has fully recovered prior to the start of pumping.
C.
Hydrogeologic report.
(1)
A hydrogeologic report shall be provided with each
major subdivision application. The report shall document the design
and implementation of the aquifer test. The report shall include all
water-level data collected during the three phases of testing, the
calculations of aquifer characteristics such as transmissivity and
storage coefficient, calculations of the cone of influence, potential
impacts to adjacent well owners, and the long-term sustained yield
for the wells. All water-level measurements obtained during the aquifer
test shall be included with the report on a floppy disk or compact
disk in ASCII text format. The report shall also evaluate and draw
conclusions from the aquifer test based on data collected and evaluation
of available information concerning geologic conditions. The report
shall include a detailed hydrogeologic description of the aquifers
encountered beneath the site and adjacent properties. The report must
include a detailed evaluation of the water supply demand for an average
and peak day, and this demand should be supported with information
on anticipated population, expected dwelling unit density, and size
of dwelling units. An inventory of all wells within 1,000 feet of
the proposed subdivision boundaries should be appended. Figures depicting
site geology, topography, water-level elevations, groundwater flow,
and development plans shall be included.
(2)
In addition, all water-quality sampling data shall
be tabulated and summarized in the report. Only one copy of the laboratory
report is necessary for filing with the Township.
(3)
The report should include a detailed evaluation of
potential impacts from subsurface sewage disposal systems on groundwater
quality. A site plan depicting well, septic leach field, and fracture
trace locations at a minimum scale of one inch equals 200 feet should
be included. For any and all locations where a fracture or set of
fractures intersects one or more wells and/or septic leach fields,
a detailed assessment of treatment technologies should be included.
The treatment technologies should provide adequate assurances that
any and all groundwater pumped from the wells will satisfy federal
and New Jersey drinking water standards and will not be adversely
impacted by the septic leach field discharges.
(4)
The hydrogeologic report shall be prepared by a qualified
hydrogeologist using applicable sections of GSR 29 or successor document
as a guide. A qualified hydrogeologist shall be an individual who
has received a minimum of a bachelor's degree in geology at an accredited
institution or has completed an equivalent of 30 semester hours of
geological education while obtaining a bachelor's or master's degree
in a related field of engineering or science at an accredited institution.
Such a person must also demonstrate five years of professional work
experience in the practice of applying geologic principals to interpretation
of groundwater conditions. The individual should provide a resume
or curriculum vitae to document education and experience requirements.
(5)
The hydrogeologic report shall include the name and
license number of the well driller and pump installer. The report
should include the names of the persons and firm responsible for collecting
the water-level measurements. In addition, the report should include
copies of the completed NJDEP well records.
(6)
The aquifer test and analysis shall be deemed to have
failed if such test cannot demonstrate to the satisfaction of the
Board that sufficient groundwater supply exists to supply water via
wells at a rate meeting at least the average daily demand for the
proposed development. If the drawdown is measured or projected to
be more than one foot at any existing adjacent property well or along
the subdivision boundary, the applicant's hydrogeologist must evaluate
the impact on adjacent properties based on the actual condition of
wells in that zone.
(7)
If a drawdown of five feet or more is noted in any
existing adjacent property well, or is projected at any property boundary,
then the proposed subdivision shall have failed the aquifer test.
In the event of a failed aquifer test, because a drawdown of five
feet or more is noted in any existing adjacent property well or is
projected at any property boundary, either the applicant should decrease
the number of lots to lessen demand or demonstrate to the satisfaction
of the Board that the impacts will not significantly reduce yields
to existing and future wells.
(8)
Permanent observation wells shall be provided as part
of the subdivision. These wells shall be identified on the site plan
with deeded access, giving the Township the right but not the obligation
to perform monitoring. These wells shall equal the number of required
observation wells identified in Table 1[2] and can be made up of any combination of monitoring or
monitoring production wells.
[2]
Editor's Note: See § 365-8A(11).
A.
Test procedure.
(1)
The procedure for testing wells for residential subdivisions
which do not qualify as a major subdivision - well test shall consist
of plumping each of the subdivision wells individually for four hours
at a minimum of five gallons per minute (gpm). During the testing
of a well, no other subdivision wells shall be operating. If drawdown
in the well exceeds 80% of the available drawdown in the well, the
well is deemed to have failed the test. The available drawdown for
the test is determined by subtracting the static water level prior
to pumping from the depth to the top of the pump. After pumping for
four hours, the pump shall be shut down and the rate of recovery measured.
For the well to pass the test, the pumping rate of five gpm must be
maintained for the full four hours and a recovery rate of one gpm
must be achieved over the first 30 minutes following shutoff of the
pump.
(2)
In order to provide the necessary data to evaluate
the pump test results, the following conditions shall be met:
(a)
The well shall remain undisturbed for three
days following drilling to allow aquifer conditions to stabilize.
(b)
Water-level measurements shall be collected
from the well and accessible adjacent wells (within 500 feet) before
starting the pumping phase.
(c)
When the pump is turned on, the discharge rate
shall be monitored and maintained at a minimum of five gpm. The flow
rate must be measured with a calibrated flow meter or orifice/manometer
apparatus with volumetric checks.
(d)
Water levels in the pumping well and adjacent
observation wells shall be collected according to the schedule in
Table 2.[1]
[1]
Editor's Note: See § 365-8A(13)(k).
(e)
Near the conclusion of the pumping portion of
the test, groundwater samples should be collected from the discharge
in accordance with the NJDEP Field Procedures Manual. At a minimum,
the samples should be analyzed by a NJDEP certified laboratory for
hardness, iron, manganese, arsenic, copper, lead, nitrate, ammonia,
chloride, total dissolved solids, and coliform bacteria. Final well
certification by the Township Health Officer will require the analytical
testing as required by the State of New Jersey Private Well Testing
Act. The samples shall also be analyzed for volatile organic compounds
by USEPA Method 524. In addition, field measurements of pH, conductivity,
and dissolved oxygen should be made with calibrated instruments. If
site conditions indicate potential historic uses of pollutants such
as, heavy metals, pesticides, herbicides, and/or other semivolatile
organic compounds, these analyses should be conducted. Based on past
historical operations at the site or at nearby properties, the Board,
at its discretion, may require additional analyses of groundwater
to assess potential future and current impacts. The results of the
water sample analyses will be used to assess background water quality.
(f)
Immediately after the pump is shut off, water-level
recovery shall be measured in accordance with Table 2 for a minimum
period of four hours. The recovery rate shall be determined from these
water-level recovery measurements for the first 30 minutes after the
pump is shut down. The measurements should indicate a flow into the
well of at least one gpm over this interval. If the water levels in
the observation wells and test well do not fully recover to static
(prepumping) levels within four hours after pumping has stopped, the
test will be deemed to have failed unless adequate data can be provided
to ensure that the aquifer is of sufficient extent to prevent the
mining of groundwater.
(g)
In the event that the well shows little drawdown
(less than 10 feet) during the four-hour pumping portion of the test,
pumping may continue in lieu of the recovery rate portion of the test.
The minimum requirement for pumping after four hours is that a minimum
rate of two gpm be maintained for an additional hour with no increase
in drawdown. The recovery of the water level shall still be monitored
for a minimum period of 60 minutes after the shutoff of the pump.
(h)
A report summarizing the well construction and
aquifer testing shall be submitted to the Board. The report should
include the water-level measurements and recovery rate calculations.
The report must include a detailed evaluation of the water-supply
demand for an average and peak day, and this demand should be supported
with information on anticipated population, expected dwelling unit
density, and size of dwelling units.
(i)
The report should include the well driller's
and pump installer's name and license numbers. In addition, the names
of the person and firm that measured the water-level drawdown and
recovery data, and calculated the recovery rate shall be provided.
The report should include a copy of the completed NJDEP well record
for all wells within the subdivision.
(j)
Based on the results of the testing and report,
the Board may request additional analyses of the pumping phase data
to evaluate aquifer characteristics, the potential cone of influence,
and potential impacts to other nearby groundwater users.
(3)
If the test well fails any part of the above test
either by failing to maintain a pumping rate of five gpm for four
hours, exceeding 80% of the available drawdown, or failing to recover
at a rate of one gpm after pumping stopped, the well shall be considered
unacceptable, and the applicant shall either replace the well or deepen
the well to intercept additional fractures or add additional well
storage. After well replacement or deepening, the entire test procedure
shall be repeated on the new or deepened well. If the new or deepened
well fails the testing procedure, the lot may, at the discretion of
the Board, be classified as unacceptable for development.
B.
Adjacent wells.
(1)
Existing wells within 500 feet of the test well on
adjacent lots shall be identified as observation wells for the test.
The applicant shall notify the owners of adjacent lots which contain
wells within 500 feet of the test well and such owners shall be given
an opportunity to have their wells monitored following the same procedures
set forth in § 130-7D through § 130-10. In the
case where more than three existing wells are located within 500 feet
of the well to be tested, only the three nearest accessible wells
need to be monitored. However, if any of the property owners requesting
monitoring have wells completed to a depth less than 100 feet, these
wells must also be monitored in addition to the three nearest wells.
If the wells are in use, they should, if possible, be allowed to stabilize
before the pumping phase begins. One water-level measurement shall
be collected from each well before the test. For any observation well
which has been pumped within the 24 hours preceding the test, the
depth-to-water measurements at least one hour apart shall be collected.
(2)
If drawdown is measured or projected to be more than
one foot at any existing adjacent property well or along the subdivision
boundary, the applicant must notify the Township and evaluate the
impact on adjacent properties based on the actual condition of wells,
the static water level, and the depth of the pump in the existing
well. The potential for adverse impacts needs to be evaluated by a
qualified hydrogeologist who will investigate the depth, yield, and
pumping level of the effected well.
(3)
If a drawdown of five feet or more is noted in any
existing adjacent property well, or is projected at any property boundary
then the proposed subdivision shall have failed the aquifer test.
In the event of a failed aquifer test, because a drawdown of five
feet or more is noted in any existing adjacent property well or is
projected at any property boundary, either the applicant should decrease
the water supply demand or demonstrate to the satisfaction of the
Board that the impacts will not significantly reduce yields to existing
and future wells.
A.
Intent.
(1)
An aquifer test shall be conducted for a nonresidential
site plan, or for secondary well(s) and/or secondary well use on residential
sites or for any increase in demand equal to 5,000 gallons of water
per day (gpd) or more from any well. The aquifer test will be conducted
in three phases, which are the background phase, the pumping phase,
and the recovery phase. The pumping rate and total gallons pumped
during the pumping phase should demonstrate that the needed water
is available without detrimental impact on the aquifer or nearby wells.
(2)
Demand shall be based on N.J.A.C. 7-10.12.6 or estimate
derived from the County Agricultural Extension Service Agent. If the
demand exceeds 100,000 gallons per day, a New Jersey water allocation
permit must be obtained from the New Jersey Department of Environmental
Protection. For demands less than 100,000 gallons per day, the length
of the pumping phase will equal the greater of the following: a) the
volume of water removed from the aquifer is equal to the peak-day
demand; or b) eight hours. The pumping phase should simulate peak-day
demand and therefore, the pumping phase duration is not to extend
more than 24 hours. The peak-day demand should be assumed to equal
twice the average daily demand. The average daily demand shall be
calculated from the projected maximum monthly usage.
(3)
For nonresidential or secondary residential well use
wells with an expected average daily demand less than 1,000 gallons
per day, an observation well is not required. For nonresidential developments
or secondary residential well use wells with an average demand of
1,000 to 4,999 gpd, one observation well is required. This well should
be within 200 feet of the pumping well and along strike of the primary
geologic features in the area. For nonresidential developments or
secondary residential well use wells with expected daily demands from
5,000 to 9,999 gallons per day, two observation wells are required.
One of these observation wells must be within 200 feet of the pumping
well. A second observation well must be within 200 and 500 feet of
the pumping well. These two wells should be located along strike of
the geologic unit and/or major regional fractures and water-bearing
fractures intersected by the well. If a well(s) on one or more adjacent
properties are located within the distance limits above, and these
wells can be disconnected for a period of 24 hours prior to and during
the entire pumping and recovery phase, these wells can be used for
observation in lieu of installing new observation wells.
(4)
For all other nonresidential or secondary residential
well use wells developments, three or more observation wells are required.
Two of these wells should be located along strike of the major water-bearing
fractures intersected by the well and/or primary geologic fractures.
Additional observation wells should be located to evaluate potential
secondary fractures and impacts to adjacent properties. If wetlands
or streams are located on the property, an additional observation
well completed into the first water-bearing unit shall be installed
to evaluate vertical movement of water in the aquifer next to the
stream or wetlands. The number of observation wells should be in accordance
with Table 3.
Table 3
Aquifer Test Requirements for Nonresidential
and Secondary Residential Well Use Wells
(or wells exceeding expected use of greater
than 5,000 gallons per day)
| ||
---|---|---|
Average Demand
(gallons per day)
|
No. of Observation Wells
| |
Less than 1,000
|
0
| |
1,000 to 4,999
|
1
| |
5,000 to 9,999
|
2
| |
10,000 to 99,999
|
At least three on-site observation wells)1
| |
100,000 and over
|
Obtain NJDEP water allocation permit
|
NOTE:
| ||
---|---|---|
1
|
If wetlands are present on the site, one additional
observation well must be set within the first water-bearing unit between
the wetland and the test well utilized.
|
(5)
Observation wells and test well must have a geologic
log describing the depth and types of soils and rocks encountered
and the depth and approximate yields of water-bearing fracture zones.
The observation wells should be completed to a similar depth as the
test well, except as noted above for water use from 10,000 to 99,999
gpd.
(6)
The design of the aquifer test shall be developed
using the applicable guidance from "Guidelines for Preparing Hydrogeologic
Reports for Water Allocation Permit Application with an Appendix on
Aquifer - Test Analysis Procedures" NJGS GSR 29 (1992 or most recent
edition) or successor document. The aquifer test shall be conducted
according to the following procedure:
(a)
Owners of existing wells on lots located within
500 feet of the property boundary shall be given an opportunity to
have their wells monitored during the aquifer test. Such opportunity
shall be given by the applicant by notice via certified mail and shall
give the time and place of the aquifer test. An example letter is
included in Appendix A. The notice shall indicate that such existing
well may be monitored if agreed to by the well owner, provided that
the well is readily accessible. Such notice shall indicate that the
existing well owner must respond within seven days and the applicant's
responsibility is to monitor up to three wells on properties within
500 feet of the property boundaries. If the owner of the lot within
500 feet of the property boundaries decides to participate by agreeing
to have their existing well monitored, they shall notify the applicant
by certified mail. Such response shall be provided within seven days
of receipt of the certified notice from the applicant. If the applicant
receives no response within the time provided, the response shall
be deemed to be negative.
(b)
All reasonable efforts shall be made to protect
the potability of water from the monitored well.
(c)
In the case when more than three property owners
within 500 feet of the property boundaries decide to participate and
to have their existing wells monitored, only the three nearest to
the test well need be monitored. However, if any of the property owners
requesting monitoring have wells completed to a depth less than 100
feet, these wells must also be monitored in addition to the three
nearest wells. A map depicting the location of all wells to be monitored
and a list of all property owners within 500 feet of the property
boundary that requested monitoring is to be submitted to the Board
for review and approval prior to implementing the aquifer test.
(d)
Prior to conducting an aquifer test, the applicant
shall submit the design of such aquifer test including the location
of wells to be monitored on adjacent lots and qualifications of the
persons and firm who will be performing the test for review by the
Board. Such review may include submission of such design to a qualified
hydrogeologist representing the Board for review and recommendations.
The Board may consider the comments and recommendations of the Board's
hydrogeologist prior to approving the aquifer test plan. A fracture
trace analysis showing the location and orientation of fractures beneath
the site must be included with the aquifer test plan. This same analysis
with additional information regarding septic system locations must
be included in the final report. This fracture trace analysis should
be used to identify all observation wells, which should be located
along strike of the primary geologic fractures/structures on and near
the property.
(e)
The aquifer test will be conducted in three
phases. The first phase will involve the collection of background
water levels prior to the start of the test. The second phase will
involve the pumping of water from the well and the monitoring of water-level
drawdown in the observation and pumping wells. The third phase will
involve the recovery of water levels in the observation and pumping
wells after the pump has been shut down. This third phase of the test
should at a minimum, be the same length as the pumping phase.
(f)
The aquifer test (all three phases) shall not
be conducted during a precipitation event or events in which total
precipitation exceeds 0.5 inches. If precipitation occurs during the
test, the applicant should provide precipitation amounts and sufficient
data to show that the precipitation did not recharge the aquifer during
the test and adversely impact the testing results. If precipitation
amounts exceeding 0.5 inches are recorded, the test must be repeated.
(g)
The background phase includes allowing the test
well and observation wells to stabilize for a minimum of three days
before the test. At a minimum, water levels should be measured each
hour from the test well and observation wells for a twenty-four-hour
period prior to the start of pumping. It is the applicant's responsibility
to collect sufficient data to determine background conditions and
to ensure that antecedent influences can be fully characterized. Barometer
measurements and additional water-level measurements can be made by
the applicant to evaluate the change in water levels resulting from
barometric pressure changes and/or influences from off-site pumping.
(h)
On the day of the pumping phase, water levels
shall be collected from all wells. For those wells showing a change
of more than 0.1 foot, a second round of measurements shall be collected
before starting the test. Additional rounds of measurements may be
necessary to determine that the well is in equilibrium. However, if
the applicant has barometric pressure and water-level data to indicate
that the change in static levels is due to changes in barometric pressure
and/or antecedent influences, the applicant can submit these data
in lieu of delaying the pumping phase.
(i)
The pump and discharge pipe shall be equipped
with an orifice/manometer apparatus and calibrated flow meter to instantaneously
measure flow rate and determine total volume pumped from the well.
The discharge shall be directed so that it leaves the site without
infiltrating to the aquifer. Volumetric checks of the flow meter are
required if an orifice is not used. Any and all permits required by
the NJDEP for the discharge of water must be obtained prior to starting
the test.
(j)
When the pump is started, the flow rate shall
be adjusted immediately to a uniform pumping rate as required for
a constant rate test and in accordance with the approved aquifer test
plan. The flow rate shall not vary more than 10% throughout the test.
If the flow rate fluctuates more than 10%, the test may be deemed
invalid and the applicant required to repeat the notification and
testing process.
(k)
Water-level measurements during the pumping
phase of the test shall be collected in accordance with Table 4. This
same schedule shall be followed for the recovery phase of testing
upon shut down of the pump in the test well.
Table 4
Minimum Frequency of Water-Level Measurements
in Wells During Pumping and Recovery Phases of Aquifer Test
| |||
---|---|---|---|
Time Since Pumping
Began or Stopped
|
Test Well
|
Observation Well
| |
0 to 5 minute
|
0.5 minute
|
0.5 minute
| |
5 to 10 minutes
|
1 minutes
|
1 minutes
| |
10 to 30 minutes
|
2 minutes
|
2 minutes
| |
30 to 60 minutes
|
5 minutes
|
5 minutes
| |
60 to 120 minutes
|
10 minutes
|
10 minutes
| |
2 to 24 hours
|
15 minutes
|
30 minutes
|
(l)
If the water levels in the observation wells
and test well do not fully recover to static (prepumping) levels within
a length of time since pumping stopped equal to the length of pumping,
the test will be deemed to have failed unless adequate data can be
provided to ensure that the aquifer is of sufficient extent to prevent
the mining of groundwater.
(m)
Groundwater samples should be collected during
the pumping phase from the pumping well. The samples should be collected
in accordance with the NJDEP Field Procedures Manual. At a minimum,
the samples should be analyzed by a NJDEP certified laboratory for
hardness, iron, manganese, arsenic, copper, lead, nitrate, ammonia,
chloride, total dissolved solids, and coliform bacteria. The samples
shall also be analyzed for volatile organic compounds by USEPA Method
524. In addition, field measurements of pH, conductivity, and dissolved
oxygen should be made with calibrated instruments. If site conditions
indicate potential historic uses of pollutants such as, heavy metals,
pesticides, herbicides, and/or other semivolatile organic compounds,
these analyses should be conducted. Based on past historical operations
at the site or at nearby properties, the Board, at its discretion,
may require additional analyses of groundwater to assess potential
future and current impacts. The results of the water sample analyses
will be used to assess background water quality.
(n)
The Township may choose to have a person of
its choosing monitor the aquifer test.
B.
Adjacent properties. The observation wells shall be
placed to determine whether the cone of depression from the pumping
well will extend beyond the property boundary in any direction. This
shall be determined by actual measurements or from projecting the
drawdown based on observation well data. If the wells are in use,
they should be allowed to stabilize before the pumping phase begins.
A minimum of two water-level measurements shall be collected from
each well before the test. For any observation well which has been
pumped within the 24 hours preceding the test, two depth-to-water
measurements at least one hour apart shall be collected.
C.
Hydrogeologic report.
(1)
A hydrogeologic report shall be provided with each
nonresidential or residential site plan application. The report shall
document the design and implementation of the aquifer test. The report
shall include all water-level data collected during the three phases
of testing, the calculations of aquifer characteristics such as transmissivity
and storage coefficient, calculations of the cone of influence, potential
impacts to adjacent well owners, and the long-term sustained yield
for the wells. All water-level measurements obtained during the aquifer
test shall be included with the report on a floppy disk or compact
disk in ASCII text format. The report shall also evaluate and draw
conclusions from the aquifer test based on data collected and evaluation
of available information concerning geologic conditions. The report
shall include a detailed hydrogeologic description of the aquifers
encountered beneath the site and adjacent properties. The report must
include a detailed evaluation of the water-supply demand for an average
and peak day, and this demand should be supported with information
on anticipated usage of the property. An inventory of all wells within
1,000 feet of the proposed subdivision or nonresidential site boundaries
should be appended. Figures depicting site geology, topography, water-level
elevations, and plans shall be included.
(2)
In addition, all water-quality sampling data shall
be tabulated and summarized in the report. Only one copy of the laboratory
reports is necessary for filing with the Township.
(3)
The report should include a detailed evaluation of
potential impacts from subsurface sewage disposal systems on groundwater
quality. A site plan depicting well, septic leach field, and fracture
trace locations at a minimum scale of one inch equals 200 feet should
be included. For any and all locations where a fracture or set of
fractures intersects the on-site water-supply well and/or septic leach
field, a detailed assessment of treatment technologies should be included.
The treatment technologies should provide adequate assurances that
any and all groundwater pumped from the well will satisfy federal
and New Jersey drinking water standards and will not be adversely
impacted by the septic leach field discharges.
(4)
The hydrogeologic report shall be prepared and signed
by a qualified hydrogeologist using applicable sections of GSR 29
or successor document as a guide. A qualified hydrogeologist shall
be an individual who has received a minimum of a bachelor's degree
in geology at an accredited institution or has completed an equivalent
of 30 semester hours of geological education while obtaining a bachelor's
or master's degree in a related field of engineering or science at
an accredited institution. Such a person must also demonstrate five
years of professional work experience in the practice of applying
geologic principals to interpretation of groundwater conditions. The
individual should provide a resume or curriculum vitae to document
education and experience requirements.
(5)
The hydrogeologic report shall include the name and
license number of the well driller and pump installer. The report
should include the names of the persons and firm responsible for collecting
the water-level measurements. In addition, the report should include
copies of the completed NJDEP well records.
(6)
The aquifer test and analysis shall be deemed to have
failed if such test cannot demonstrate to the satisfaction of the
Board that sufficient groundwater supply exists to supply water via
wells at a rate meeting at least the average daily demand for the
proposed development or nonresidential use. If the drawdown is measured
or projected to be more than one foot at any existing adjacent property
well or along the property boundary, the applicant's hydrogeologist
must evaluate the impact on adjacent properties based on the actual
condition of wells in that zone.
(7)
If a drawdown of five feet or more is noted in any
existing adjacent property well, or is projected at any property boundary,
then the proposed development shall have failed the aquifer test.
In the event of a failed aquifer test, because a drawdown of five
feet or more is noted in any existing adjacent property well or is
projected at any property boundary, either the applicant should decrease
the average daily demand or demonstrate to the satisfaction of the
Board that the impacts will not significantly reduce yields to existing
and future wells.
All fees are identified in Chapter 182, Fees, of the Franklin Township Code.