Township of Kingwood, NJ Sewage Disposal Systems; Nonpublic Water Systems and Wells

Any person or corporation desirous of conducting soil testing required to be witnessed shall request of the Secretary of the Board of Health the presence of the Township Engineer or his agent at such tests. At the time the request is made, the applicant shall deposit with the Board Secretary, as security for the payment of costs by the Township in witnessing said tests, a fee of $300 for the first lot and $175 for each additional lot on which testing is to be conducted and witnessed. The applicant shall procure a receipt for the payment of said deposit from the Board Secretary and present the same to the Township Engineer or his agent before any tests are scheduled.

[Amended 7-15-1998 by Ord. No. 9-6-98; 9-20-2000 by Ord. No. 11-9-2000]

The actual fees per lot for witnessing permeability tests and/or soil logs shall be $300 for the first lot and $175 for each additional lot on which testing is conducted and witnessed. A minimum charge of $200 will be due if scheduled testing is canceled for any reason, unless notification is given to the Township Engineer or his agent prior to 8:00 a.m. on the day scheduled for testing.

[Amended 9-20-2000 by Ord. No. 11-9-2000]

If at any time prior to completion of all permeability tests and soil borings the actual costs incurred by the Township shall equal or exceed the security moneys deposited by the applicant with the Board Secretary, the applicant shall again post a fee of $175 per lot and shall again present evidence of payment thereof to the Township Engineer or his agent before further tests are scheduled.

[Amended 9-20-2000 by Ord. No. 11-9-2000]

Upon completion of all tests, the Township Engineer shall certify to the Board of Health the actual charges to the Township computed in accordance with the fee schedule herein contained. After examination, if the Board shall find the same to be complete and correct, the Board shall approve the same, and in the further event that the actual charges to the Township shall be less than the security moneys deposited by the applicant, the difference between the security moneys and the actual charges shall be returned to the applicant.

Design reviews. Any person, firm or corporation applying to the Kingwood Township Board of Health for approval of a standard sewage disposal system shall file said application with the Hunterdon County Health Department on forms provided. Upon completion of its review, the Hunterdon County Health Department shall notify the applicant of its decision and, if approved, furnish two copies of the approved application to the applicant. The fee, to be paid directly to the Hunterdon County Health Department, shall be determined by the prevailing fee of the Hunterdon County Health Department.

Installation inspections.

Prior to the issuance of a building permit for construction which includes the installation of a sewage disposal system, the applicant shall furnish to the Building Inspector one copy of the approved subsurface design.

The applicant shall notify the Hunterdon County Health Department as required to arrange for necessary inspection of the installation of the system.

Septic waivers.

[Added 6-18-2014 by Ord. No. 2014-01; amended 10-19-2022 by Ord. No. 2022-02 BOH]

Any person, corporation or firm applying for septic waiver approval to the Kingwood Township Board of Health shall pay a fee of $100.

The applicant shall submit an additional fee of $300 to the Township of Kingwood to be used to compensate the Township Engineer for services rendered in conjunction with the Township's review of the application. An additional fee of $300 may be required if it is determined that the Engineer is required to attend a Board of Health meeting in relation to the application.

One copy of the plat application in an electronic format is required to be submitted at the time of the application.

§ 153-15 Waivers from strict compliance.

[Added 10-19-2022 by Ord. No. 2022-02 BOH]

Where an applicant seeks to install a new, or reconstructed individual sewage disposal system which does not strictly meet the standards established in the Township Ordinance, Hunterdon County Health Department Standards or N.J.A.C. 7:9A et seq., the applicant shall make submission to the Township Board of Health for evaluation and approval of the waivers being sought.

The applicant shall provide the Board of Health Secretary one electronic copy and one physical copy of the septic design plans and details, soil evaluations and calculations, and all other pertinent data (including a letter that summarizes the waiver, why it should be granted, and what mitigation measures are proposed to offset the impacts of noncompliance) as well as the submission of required professional review escrow fees established in § 153-14 of this section.

Upon submission of the above materials the Township Engineer shall review the application and provide a letter report to the Board of Heath, including a determination of whether the requested waivers are approved, or denied, or if more information must be submitted to evaluate the request.

Should the Township Engineer approve the application and determine that the waivers as requested are justified, the applicant shall sign a Hold Harmless and Indemnification agreement with the Township regarding the proposed septic system waivers prior to the Applicant being permitted to proceed to construction. Should the Township Engineer request additional information, the requested documents must be submitted within 14 days of the request.

Should the Township Engineer determine that the requested waivers are denied, the applicant will have the ability to appeal the decision to the Township Board of Health at a public hearing to be held at the next available Board of Health Meeting. The Board of Health Secretary will coordinate the appearance of the applicant and their professionals to present the requested waivers to the Board for their evaluation, and determination as to whether the requested waivers are justified, or if the plans should be revised to conform to the relevant regulation from which a waiver is being requested.

§ 153-16 through § 153-19. (Reserved)

Article II Nonpublic Water Systems and Wells

[Amended 4-4-2005 by Ord. No. BOH-2005-01; 9-7-2005 by Ord. No. BOH 2005-06; 6-20-2007 by Ord. No. BOH 2007-01]

§ 153-20 Purpose and authority.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Basis for section.

Kingwood Township does not utilize a public water supply, public water treatment facility or municipal sewage treatment facility. Kingwood Township residents, businesses, institutions, and farmers rely exclusively upon a high-quality supply of groundwater from private wells. The quantity and quality of the groundwater is variable, especially in the geologic formations known as Lockatong, Stockton and Diabase, because:

Groundwater occurs principally in fracture openings in the bedrock (which can be limited in some areas);

Recharge can be limited by local soils and geology;

New wells may impact existing wells if their respective fracture systems are interconnected;

Seasonal fluctuations in aquifer recharge create a loss of volume and dilution capacity during the summer and early fall when water uses normally increase; and

Wells could be subject to contamination if pollution sources, including hazardous waste disposal sites and septic systems, are located in the vicinity of a supply well.

To provide a reliable, long-term, dependable yield and high quality of the groundwater resource; and to ensure protection of the surface water resources as is further set forth in § 153-29G(5) and H(1), this section will be used as the basis for decisions regarding potential detrimental impacts associated with proposed new and altered wells, and expanded uses of groundwater (e.g., multiresidential, public, commercial, and off-site water supply).

Purpose of section. In order to carry out its delegated duties pursuant to N.J.S.A. 26:3-31 and N.J.S.A. 58:11-23 et seq., the Township of Kingwood adopts this section for the following purposes:

To ensure that new wells constructed, or increased water withdrawal(s) from an existing well(s), in Kingwood Township are able to provide a year-round, reliable, safe, and adequate water supply to support intended uses within the capacity of available groundwater resources;

To provide safeguards designed to minimize the impact of new development on water availability for existing homes and businesses;

To develop a mechanism for funding the rehabilitation or replacement of existing wells rendered unusable by new development or from increased water withdrawal(s) from an existing well(s);

To maintain undiminished, high quality stream baseflow;

To maintain the antecedent hydrology of streams, wetlands, lakes, and ponds, for the long-term protection of aquatic ecosystems; and

ABANDONMENT or DECOMMISSIONING OF A WELL

To provide for the collection of accurate groundwater information.

§ 153-21 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ABANDONED WELL

Any well which is not in use, has been illegally installed or improperly constructed, has been improperly maintained or is damaged, has not been maintained in a condition that ensures that the subsurface or percolation waters of the state are protected from contamination, has been replaced by another well or connection to a public supply, is contaminated, is nonproductive, or no longer serves its intended use pursuant to the State Act.

The permanent closure or sealing of a well in accordance with N.J.A.C. 7:9D-3 et seq.

ADMINISTRATIVE AUTHORITY

The Kingwood Township Board of Health having jurisdiction or the authorized agent (e.g., Hunterdon County Health Department) of the administrative authority acting on behalf of the administrative authority. The Kingwood Township Planning Board shall be the administrative authority with respect to the requirements of this article pertaining to the review and approval of subdivisions and site plans.

ADVANCE NOTICE OF TEST DATES

Communications in writing or by telephone with the secretary of the administrative authority or with a field witness designated by the administrative authority. Messages left on answering machines, or transmitted by facsimile or email are not binding advance notices.

ALTERATION

Any physical change in a well to increase water usage, including deepening, modification, fracturing, or removal such that there will be a change in size, construction or installation. The term "alter" shall be construed accordingly. Replacement of pumps and installations of adapters shall be considered a repair and not an alteration.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

APPROVED

Accepted by the administrative authority as satisfying the requirements of this article.

AQUIFER

A formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield economic quantities of water to wells and springs.

AQUIFER TEST

A three-part test conducted to obtain background, pumping, and recovery data from a pumping well and observation wells in order to determine aquifer characteristics and assess potential well interference.

AQUIFER TEST PLAN

A plan specifying the well testing proposed by an applicant and submitted for approval by the administrative authority prior to the well construction to satisfy the requirements of this article.

AUTHORIZED AGENT

A licensed health officer, professional engineer, sanitary inspector, plumbing inspector or any other qualified person who is delegated to function within specified limits by the administrative authority.

AVAILABLE DRAWDOWN

The distance between static level and 15 feet above the pump intake level or the first major water-bearing fracture.

AVERAGE DAILY DEMAND

The average amount of water used per day, as specified in N.J.A.C. 7:10-12.6. Residential wells sharing capacity with agricultural uses shall include all crop, livestock, and maintenance water demands in the total average daily demand of the well as set forth by the Pennsylvania State University's College of Agricultural Sciences in the document entitled, "Agricultural Water Needs and Sources Water Supply," which may be obtained from the Township Board of Health.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

BEDROOM

Any room within a dwelling unit, furnished or unfurnished, which is used to, or which may reasonably be expected to, provide sleeping quarters for one or more individuals. The term "bedroom" shall be considered, in absence of any evidence to the contrary, to include any room on any floor above the lowest floor having a door separating that room from the remainder of the dwelling unit and which has no through traffic.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

CERTIFICATION OF WELL

A written statement by the administrative authority attesting that the water supply facilities for the proposed realty improvement are in compliance with the Realty Improvement and Facilities Act as revised N.J.S.A. 58:11-23 et seq., N.J.S.A. 58:12A-1 et seq., and the regulations promulgated under either and the requirements of this article.

[Amended at time of adoption of Code (see Ch. 135, General Provisions, Board of Health, Art. I)]

CLOSED LOOP GEOTHERMAL WELL

A well or borehole drilled or a shallow trench installed in the earth, wherein a series of pipes is installed into the opening and connected to a heat exchange system in the dwelling. The pipes form a "closed loop" (hence the name) and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open looped system, except there is no pumping of groundwater.

[Added 6-17-2015 by Ord. No. BOH 2015-01]

CONSTANT RATE TEST

A pumping test conducted upon the well so that discharge remains relatively constant with time.

CONSTRUCT A WELL

The drilling, building, assembly or installation of a new water supply system or the enlargement of an existing water supply system; the term "well construction" shall be construed accordingly.

DRAWDOWN

A decline in the water level in a well measured from the static level during pumping (it is the difference between the static water level prior to pumping and the water level during pumping).

DROUGHT

The 1965 annual precipitation (equivalent to 66% of the average annual precipitation), or the most recent fifty-year return period (lowest two-percent probability) of annual precipitation, whichever is less. Acceptable precipitation data are daily averages that have been recorded and published by the National Weather Service, National Oceanic and Atmospheric Administration, or other government agencies directed to monitor precipitation. The precipitation data collection site must be within 15 miles of the well-testing site.

FRACTURE TRACE

The surface representation of a fracture zone as determined from an analysis of aerial photographs in stereo pair.

HYDRAULIC CONDUCTIVITY

The ease with which water can travel through a porous media. Also referred to as "permeability."

HYDROFRACTURING

The process that involves pumping water into the open-hole portion of a bedrock well under high pressure to create fractures in the bedrock. The procedure involves using a single or double (straddle) packer to isolate the zone in the well that is being hydrofractured.

[Added 6-16-2010 by Ord. No. BOH 2010-01]

HYDROGEOLOGY

The study of groundwater with particular emphasis given to its chemistry, mode of migration, and relation to the geologic environment.

INTERFERENCE

The amount of drawdown in a nonpumping well resulting from nearby well pumpage.

INTERFERENCE TEST

A pumping test conducted to determine the interference effects on one or more selected observation wells, resulting from pumping a subject well.

IRRIGATION SYSTEM

Equipment including but not limited to pumps, piping, and sprinkler heads used to distribute water to grasses, landscape materials, crops, and other vegetation.

NEW WELL

A well newly constructed or altered, or an existing well prior to its certification for a new or expanded use.

NITRATE DILUTION MODEL

The Trela-Douglas method, or a state-adopted successor method, for estimating the amount of recharge required to maintain groundwater nitrate nitrogen (NO₃, as N) concentration that will not diminish the quality and safety of potable groundwater supplies, and will not degrade the trophic status (health) of adjacent waterways. The NJ Geological Survey recommends levels not to exceed 2.0 mg/l for maintaining good trophic levels. The 1995 hydrogeology report for Kingwood Township by Robert Hordon, PhD, presented a Township-wide average concentration of 0.90 mg/l. Any additional nitrate loading shall not create a predicted or actual total nitrate concentration in excess of 2.0 mg/l as measured within 20 feet of the perimeter of the lot in question.

[Amended 6-17-2009 by Ord. No. BOH 2009-01]

OBSERVATION WELL

Any well, which is not the pumping well, utilized to obtain water level measurements, and other associated data, during interference testing.

PEAK-DAY DEMAND

Equal to twice the average daily demand.

PEAK DEMAND RATE

The average rate of discharge of water from a well, in gallons per minute (gpm), during peak demand. For residential use, the peak demand rate equals the number of bathrooms (including half-baths) in the residence multiplied by 3 gpm. For nonresidential or multiresidence use, minimum water requirements of N.J.A.C. 7:10-12.6 govern.

PEAK DEMAND TEST

A pumping test conducted upon a well to evaluate its capability to supply peak water-demand needs. The test is conducted at a rate equal to or greater than the peak demand rate to deliver at least the peak load. This test has been described in detail by J.L. Hoffman and R. Canace in "Two-Part Pump Test for Evaluating the Water-Supply Capabilities of Domestic Wells" - N.J. Geological Survey Groundwater Report Series No. 1 - 1986.

PEAK DEMAND TIME

The duration of time, in minutes, during which the peak demand rate is exerted on a well. Peak demand time is computed in the following manner:

Peak demand	=	100 gals. x number of bedrooms	=	Peak load (gal.)
Time (minutes)		3 gpm x number of bathrooms		Peak demand rate (gpm)

PEAK LOAD

The volume of water, in gallons, required during the occurrence of peak demand. Peak load is equal to the number of bedrooms in the residence multiplied by 100 gallons. For nonresidential uses, the peak load equals one-half of the minimum daily demand volume requirements according to N.J.A.C. 7:10-12.6.

POTABLE WATER

Any water used or intended to be used for drinking or culinary purposes. Potable waterline flushing and discharges from potable water sources owned or operated by the Township of Kingwood are eligible nonstormwater discharges in accordance with the Tier B MS4 NJDEP Master General Permit NJ0141861. This, however, excludes discharge of filter backwash and certain discharges from well development and redevelopment activities.

[Amended 10-17-2018 by Ord. No. BOH 1-2018]

QUALIFIED HYDROGEOLOGICAL CONSULTANT

An individual who has received a baccalaureate or post-graduate degree in hydrogeology, geohydrology, geology, engineering or soil science and has at least five years of professional work experience in the practice of applying geologic principals to the interpretation of groundwater conditions, especially aquifer testing in fractured bedrock. Applicants submitting an aquifer test plan and/or hydrogeologic report shall be required to submit evidence of the credentials of the associated qualified hydrogeological consultant.

REALTY IMPROVEMENT

Any proposed new residence or other building the useful occupancy of which requires the installation or erection of a water supply system. Each family unit in a proposed multiple dwelling shall be construed to be a separate realty improvement.

REPAIR

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 and installation of the system, while not increasing water supply capacity.

SEASONALITY

Normal fluctuation in aquifer level and volume due to cyclical changes in recharge between seasons, resulting in lower aquifer levels in summer and early fall because of increased water usage together with decreased recharge stemming from increased evapotranspiration.

[Added 6-16-2010 by Ord. No. BOH 2010-01]

SPECIFIC CAPACITY

The rate of discharge of water from the well divided by the drawdown of water level within the well. Specific capacity should be related to the number of hours pumping prior to measurement of drawdown. Specific capacity will generally decrease with increased time of pumping.

SPECIFIC STORAGE

The volume of water that a unit volume of aquifer releases from storage for a unit decline in water depth.

STATIC WATER LEVEL

The water level in the well at rest either before or after pumping when all drilling and pumping effects on the aquifer have dissipated and the well is in equilibrium with atmospheric pressure.

STORAGE COEFFICIENT (STORATIVITY)

The volume of water an aquifer releases or takes into storage per unit surface area of the aquifer per unit change in head. It equals the product of specific storage and aquifer thickness. Also known as "storativity."

TOWNSHIP HYDROGEOLOGICAL CONSULTANT

That professional with the qualifications as described in the definition of "qualified hydrogeological consultant," who has been appointed through resolution passed by the Township of Kingwood, or the Board of Health of the Township of Kingwood, to perform professional hydrogeological consultant services for the Township.

[Added 6-16-2010 by Ord. No. BOH 2010-01]

TRANSMISSIVITY

The rate at which water of a prevailing density and viscosity is transmitted through a unit width of an aquifer under a unit hydraulic gradient. Transmissivity equals hydraulic conductivity multiplied by the aquifer thickness.

UNSATURATED ZONE

The zone between ground surface and the water table. Pore spaces in the unsaturated zone just above the water table contain water at pressures less than atmospheric. Also referred to as "zone of aeration" and "vadose zone."

WATER TABLE

The surface in an unconfined aquifer or confining bed at which the pore water pressure is equal to atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body just far enough to hold standing water.

WELL

An artificial excavation that derives water from the interstices of the rocks and soils which it penetrates.

WELL RECOVERY

The inflow of groundwater into a well from the aquifers in which the well is completed (drilled) after a period or episode of drawdown from pumping.

WELL YIELD

The rate at which it has been demonstrated that water can be withdrawn from the well during the time of the pump test where the water level does not change more than 0.5 feet (six inches) per hour under a constant pumping rate.

§ 153-22 Adoption of standards.

In addition to the requirements contained in this article, existing laws and regulations governing the location, construction, alteration, use and supervision of individual and semipublic water supplies; requiring certain permits and certifications based upon accepted testing procedures; providing for the inspection of such water supplies and the fixing of fees, and prescribing penalties for violations comprised of the following codes, standards and statutes are hereby incorporated herein and made a part hereof by reference:

N.J.S.A. 58:12A-1 et seq., Safe Drinking Water Act.

N.J.S.A. 58:11-23 et seq., The Realty Improvement Sewerage and Facilities Act.

N.J.S.A. 4:1C-1 et seq., Right to Farm Act.

N.J.A.C. 7:10, Safe Drinking Water Act Regulations.

N.J.A.C. 7:9D, Well Construction and Maintenance; Sealing of Abandoned Wells.

N.J.A.C. 7:9E, Private Well Testing Act.

If any conflict between any part of this article, or any other applicable code, standard or statute or applicable law arises, the more stringent standard shall apply.

§ 153-23 Well construction permit.

Prohibition. No person shall locate, construct or alter any water supply system or well within the Township of Kingwood until a permit for the location, construction or alteration of such well has been issued by the administrative authority. However, additional water usage not associated with the operation of a dwelling up to 100 gpd will be permitted without the requirement of the issuance of a well construction permit.

[Amended 5-15-2013 by Ord. No. BOH 2013-01; 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

Application for well construction permit. A state well permit is a prerequisite to the issuance of a Kingwood Township well construction permit. Application must be made on forms prescribed by the administrative authority titled "Kingwood Township Board of Health Well Construction Permit Application." When a hydrogeologic report is required as stated in § 153-25, an aquifer test plan (described in § 153-29C) must be submitted to and approved by the administrative authority before issuance of a well construction permit. The application must include, as required by the Kingwood Township well construction permit application checklist, a copy of the receipt for submission of a well construction permit to the Hunterdon County Department of Health.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Map. Scale to fit on 8.5-inch-by-eleven-inch paper, prepared by a licensed surveyor or engineer. All applications shall include three copies of a plot plan showing the location measured from at least two property or main structure corners, of all new well(s), all preexisting well(s), all existing subsurface disposal areas and all soil test points (e.g., percolation test pits) for potential subsurface disposal areas. All identifiable preexisting wells and existing subsurface disposal areas shall include those on adjoining properties that are located within 200 feet of the boundary of the subject property, whether located on the subject property or on an adjoining property and shall be depicted on the plot plan or at the applicant's option, by depicting the same on a survey based on as-built information obtained from Hunterdon County records that show the location of any such wells and subsurface disposal area. Latitude and longitude for the new and preexisting wells shall be recorded. If the lot that is the subject of the application is a flag lot, the distance indicated previously in this subsection shall be measured from the main body of the lot, and the stem of the flag shall not be included in calculating such distance.

[Amended 6-18-2008 by Ord. No. BOH 2008-01; 6-17-2009 by Ord. No. BOH 2009-01; 6-16-2010 by Ord. No. BOH 2010-01; 2-17-2021 by Ord. No. BOH 21-02-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

One copy of the plat application in an electronic pdf format is required to be submitted at the time of the application.

[Added 6-16-2010 by Ord. No. BOH 2010-01[1]]

Editor's Note: This ordinance also repealed former Subsection D, Other permits.

Certification of taxes paid as current at time of submission of application is to be obtained from the Township Tax Collector.

[Added 6-16-2010 by Ord. No. BOH 2010-01[2]]

[2]

Editor's Note: This ordinance also repealed former Subsection E, Transferability.

Repairs. Repairs shall not require a well construction permit unless the pump is replaced with one of a greater pumping capacity, which is considered an alteration.

Expiration. All well construction permits shall expire on the date that is two years following the issuance of any such permits.

[Added 6-17-2009 by Ord. No. BOH 2009-01; amended 3-16-2022 by Ord. No. BOH 21-01-2022]

§ 153-24 Certification of well.

Analysis of new and altered water supplies and wells.

[Amended 6-16-2010 by Ord. No. BOH 2010-01; 5-15-2013 by Ord. No. BOH 2013-01; 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

New water supplies, new water wells or altered water wells constructed in the Township of Kingwood shall not be placed in service, nor shall new dwellings or buildings or additions to existing buildings, which require an increased water demand, be used or occupied, until the administrative authority shall have issued a certificate indicating that said water supply has been located and constructed in compliance with the terms of the well construction permit. However, additional water usage not associated with the operation of a dwelling up to 100 gpd will be permitted without the requirement of the issuance of a well construction permit. A construction permit shall be issued if a newly drilled well delivers 10 or more gallons of water per minute and a well-water sample is analyzed for the parameters required by the state (See N.J.A.C. 7:10-12.6.) and the sample complies with the indicated water quality standards. (See N.J.S.A. 58:12A- 26 et seq. and N.J.A.C. 7:9E-1.1 et seq.). However, a seasonal pump test must thereafter be completed during the next testing period of July 1 through October 31.

If any of the analyses are not within the required water quality limits, a treatment plan, prepared by a qualified hydrogeological consultant or certified professional engineer must be supplied to the Kingwood Township Board of Health within 30 days. If the water supply is less than 10 gallons per minute, the applicant must wait for the seasonality period for testing. If the well yields one gallon a minute or less, a storage plan, as further described in § 153-26K, prepared by a qualified hydrogeological consultant, must be provided to the Kingwood Township Board of Health within 30 days. The well yield results must be witnessed by a Township-appointed witness. The New Jersey Geological Survey Ground-Water Report Series No. 1, Two-Part Pump Test for Evaluating the Water Supply Capabilities of Domestic Wells, worksheets pages 10 and 11, must be completed by the certified well driller. All measurements for gallons per minute will be done using a volumetric method (calibrated bucket and stopwatch) and three different measurements and will be conducted to average the tested well yield.

Application for certification of well.

Forms. Any such application submitted to the administrative authority for approval or certification shall be made on forms prescribed by the administrative authority under the title "Application for Certification of Well." Copies of forms required by N.J.A.C. 7:10-1 et seq. and properly executed Forms DWR-138 "Well Record" (issued by NJDEP) and "Kingwood Township Well Testing Report" shall be completed by a certified professional engineer or hydrogeologist and/or licensed well driller and shall be submitted to the administrative authority, with the "Application for Certification of Well." The applicant shall submit three copies of the completed well certification application and checklist and all supporting materials. The Secretary of the administrative authority shall forward one copy of the application and all supporting materials to the Township hydrogeological consultant for review.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

The application must include a copy of the test results necessary to fulfill the requirements of the state well permit.

Failure of wells. A new well which fails any portion of the requirements of this article shall be considered unacceptable, unless used in series to provide the necessary water supply, and the applicant shall either replace the well or alter the well (i.e., deepen the well to intercept additional fractures, and/or add additional well storage). After well replacement or well alteration, the entire test procedure shall be repeated on the new or altered well. If the new or altered well fails the testing procedure, the lot may be classified as unacceptable for development. Wells which fail to gain certification shall be abandoned and sealed in accordance with the requirements of N.J.S.A. 58:4A-4.1 et seq. and N.J.A.C. 7:9D-3.

§ 153-25 Applicability.

Except as stated in Table 1 (Applicability and Timing for Types of Water Use[1]), all provisions of this article shall apply to all applications to the administrative authority for certification of well. Advance notice of test dates is required for all pump tests for all new and existing wells. See §§ 153-28A(1) and 153-29F.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Editor's Note: Table 1 is included as an attachment to this chapter.

Off-site water use. Conveyance of groundwater beyond the outer perimeter of an existing lot shall only be permitted as an emergency supply of potable water in cases of water supply loss to less than 0.25 gpm for a directly bordering single-family private residence, up to a maximum daily demand of 600 gallons. The additional water use shall be included in the total water demand from the supply well and all provisions of this article shall apply to the combination of the original certified well water supply plus the increased demand at the supply well.

[Amended 5-15-2013 by Ord. No. BOH 2013-01]

§ 153-26 Physical construction requirements.

General requirements. All wells constructed within the Township of Kingwood shall conform to the standards for the construction of nonpublic and noncommunity wells as promulgated by the New Jersey Department of Environmental Protection; N.J.A.C. 7:9D and 7:10-12.1 et seq., together with the following additional and supplementary requirements:

Spacing. No new well shall be located at a distance less than 100 feet from any approved well or subsurface disposal area. New wells shall be located upgradient from subsurface disposal areas for all subdivisions. Lots less than four acres in an existing subdivision that have a minimum of six soil tests that present a very limited (Note: include soil types) area of acceptable conditions for a subsurface disposal system, and are located upgradient, within 200 feet of an existing or proposed new well, may make written request for a waiver from the administrative authority for the location of the subject disposal area, which request shall be heard at the next regularly scheduled meeting of the Kingwood Township Board of Health occurring not less than 30 days following the submission of the written request. If a waiver is granted by the administrative authority, all new or altered wells within 200 feet downgradient of the disposal area shall have casing lengths of no less than 100 feet as measured from the top of the bore hole. The spacing requirement for wells may be waived for multiple wells (only), on single lots that serve one individual residence, to not less than 50 feet.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Due to the potential for the creation of new and/or expanded fractures, a distance of 200 feet or more is required between any new or existing well being hydrofractured and any nearby approved wells and subsurface disposal areas. Hydrofracturing shall not be permitted for any wells installed, or altered, within 200 feet downgradient of an existing or proposed subsurface disposal system.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Property owner notification. Owners of existing wells on lots located within 200 feet of the property boundary of the lot/property for the proposed hydrofracturing shall receive notification in letter form titled "Notification of Three-Part Pump Test," which form is available from the Township, of the scheduled hydrofracturing date(s) from the applicant or the applicant's representative, via certified mail and regular mail, four weeks prior to the hydrofracturing date. The applicant shall submit to the administrative authority the certified mail receipts. Copies of all property owner notifications shall be provided to the administrative authority prior to the mailing. The applicant shall obtain a certified list of all property owners within 200 feet of the property boundary from the Township Tax Assessor. If the lot that is the subject of the application is a flag lot, the distance indicated previously in this subsection shall be measured from the main body of the lot, and the "stem" of the flag shall not be included in calculating such distance.

[Amended 5-15-2013 by Ord. No. BOH 2013-01; 6-17-2015 by Ord. No. BOH 2015-01]

Explosives. The use of explosives for development of any well is prohibited.

Pitless adapter and casing. Any new well shall be provided with a pitless adapter, with the lateral discharge line installed below the frost level. Casings shall extend 12 inches above finished grade and be equipped with all brass and bronze pitless adaptor and brass fittings. Nonmetallic casing is prohibited. No well casing shall be smaller than six inches in diameter. Six-inch well casing must weigh a minimum of 19 pounds per foot (.280 inch pipe thickness). The borehole diameter shall be at least four inches larger than the outside diameter of the casing. Well casing shall extend to a minimum of 50 feet and extend at least 20 feet into competent bedrock.

Electric lines. Electric lines shall be installed and maintained as described in Chapter 3 of the National Electric Code (NEC).

Repairs. Any well head that is buried below grade and dug up for repair to the well or pump must have the well casing extended above grade and a pitless adapter installed, if possible.

Disinfection. Any well used for water-level measurements during a pumping/aquifer test must be chlorinated at the end of the pump test in accordance with procedures recommended by the Hunterdon County Health Department.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Pump placement. Placement of the pump shall not be deeper than 10 feet above the bottom of the well, but not less than 20 feet below the depth of the water level as measured at the end of a successful peak demand test.

Pump type. Type and capacity of the pump and equipment (motor, drop pipes, foot valve, cylinder, storage tank, etc.) used shall be selected to meet applicable conditions and the requirements of the property served. All pumps must be lead-free.

All new and/or altered wells shall be equipped with a water storage tank at least 42 gallons in capacity or greater in accordance with the standards as established in N.J.A.C. 7:10-12.35. The administrative authority, in consultation with the qualified hydrogeologic consultant, may require larger storage tanks for dwelling units which have in excess of five bedrooms, wells with a well yield of less than one gallon per minute per foot of drawdown, or installations other than single-family dwelling units at the rate of an additional 20 gallons of storage capacity per bedroom or for each additional daily demand of 200 gallons.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

§ 153-27 Requirements for three-part pump test and aquifer test.

Supervision. All well tests shall be conducted under the supervision of a certified well driller, or certified pump installer licensed under the laws of the State of New Jersey, who shall certify the results to the administrative authority. All test results shall be recorded on "Kingwood Township Well Testing Report" forms to be issued by the administrative authority.

Witnessing. The administrative authority reserves the right to witness all well tests. A minimum of two working days' advance notice of test dates shall be provided to the administrative authority. The administrative authority reserves the right to schedule alternative testing dates in case of scheduling problems.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Precipitation. The pump test or aquifer test shall not be conducted during a precipitation event or events in which total precipitation exceeds or equals 0.5 inch. Precipitation must be recorded with a National Weather Service acceptable rain gauge on site during all phases of testing and measurements for each day must be included in the hydrogeologic report. 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 bias the testing results. If precipitation amounts exceeding 0.5 inch are recorded at the lot in question, the test must be repeated, or technical documentation provided that clearly shows that the precipitation event had no impact on groundwater levels throughout 24 hours before, and during the test.

Flow meter. Flow rates at the discharge line must be measured with a water flow meter. A valve must also be on the discharge line in order to permit adjustment of the flow rate.

Discharge. The discharged water must be channeled away, at a minimum distance of 100 feet from the wellhead, to minimize direct recharge of the aquifer during the test. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Dip tube. All test wells must have a dip tube installed to allow accurate measurement of water levels during the pump test. The water level must be measured to the nearest tenth of a foot from a fixed point (measurement point); e.g., from the top of the well casing.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Evaluation of general requirements. Failure to adhere to these general requirements will invalidate the test results. Pumping tests shall be performed from July 1 through October 31 to adequately account for seasonal effects on aquifer levels. See also § 153-24.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

§ 153-28 Three-part pump test.

General requirements.

[Amended 6-18-2008 by Ord. No. 2008-01;6-16-2010 by Ord. No. BOH 2010-01]

Property owner notification. Owners of existing wells on lots located within 200 feet of the property boundary of a proposed or new or altered well, as set forth in § 153-25A, Table 1, shall receive notification in letter form titled "Notification of Three-Part Pump Test," which form is available from the Township, of the scheduled well test(s) from the applicant or the applicant's representative, via certified mail and regular mail, four weeks prior to the well test date. The applicant shall submit to the administrative authority the certified mail receipts. Copies of all property owner notifications shall be provided to the administrative authority prior to the mailing. The applicant shall obtain a certified list of all property owners within 200 feet of the property boundary from the Township Tax Assessor. If the lot that is the subject of the application is a flag lot, the distance indicated previously in this subsection shall be measured from the main body of the lot, and the "stem" of the flag shall not be included in calculating such distance.

[Amended 5-15-2013 by Ord. No. BOH 2013-01; 6-17-2015 by Ord. No. BOH 2015-01]

Three-part pump test. The capability of a well to meet the peak demand and the total daily requirements of its user shall be evaluated through a three-part pump test. The three parts are the peak demand test (§ 153-28B); constant rate test (§ 153-28C); and well recovery test (§ 153-28D). The well must pass the peak demand and constant rate tests as required for the size of the facility to be supported by the well. The result of the constant rate test shall determine, according to § 153-28C(3), the maximum size of the proposed residence or nonresidential facility to be supported by the well. The result of the well recovery test provides additional data about the suitability of the well for extended use.

Technique. The three-part pump test must be performed in one continuous operation as specified in § 153-28B, C and D. The test well must be at its static water level at the beginning of the test; i.e., the well has to be undisturbed for at least 72 hours before testing. If the test sequence has to be interrupted for technical reasons, the well must be pumped to the drawdown observed just prior to the interruption before the test sequence can be resumed. If more than 24 hours elapse during interruption, the entire test must be rerun.

Peak demand test.

Purpose. The peak demand test is a standard drawdown pump test used to determine whether the well can supply the water needed during times of peak water use. The results of the peak demand test must show that well storage plus well recharge during peak demand time at least equals the peak load required for the facility proposed to be supported by the well.

Test protocol. To perform the peak demand test, the well is pumped at least at the peak demand rate until the peak load has been delivered. The duration of pumping equals the peak demand time (see definitions section). The water level shall be measured and recorded, at a frequency of every five minutes during the test.

Evaluation of results. To pass the peak demand test, the well must not be drawn down anytime during the test to a level less than five feet above the pump intake or to a level less than 30 feet above the bottom of the well, whichever is higher. If the results of the peak demand test are unsatisfactory, the well may be altered or used in conjunction with additional wells, or the design of the proposed facility must be so modified as to lower the peak load requirements sufficiently to accommodate the performance of the well. See § 153-28C(3).

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Constant rate test.

Purpose. The constant rate test is used to measure the well yield and to determine whether the recharge from the aquifer is sufficient to replenish the water volume removed from the well during use.

Test protocol.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

The constant rate test is undertaken in sequence with the peak demand test regardless of whether or not the well passed the peak demand test. The pump discharge rate should be as close as possible to the peak demand rate, but the main objective is to achieve a stable water level while pumping. A constant head condition exists where the water level does not change more than 0.5 feet (six inches) per hour under a constant pumping rate. The water level shall be measured and recorded, at a minimum frequency of every five minutes during the test. The constant rate test is run for a full four hours. Water quality evaluation must be done during the constant rate test as defined in § 153-29I.

Well yields less than 1.0 gpm shall be considered unusable to support residential use, unless a qualified hydrogeological consultant demonstrates professionally accepted techniques to the administrative authority that would allow for a residential water use of at least 400 gpd (equivalent of two bedrooms) without adverse effects to the well, or neighboring wells, based on drought conditions for the period of July through October. Also see § 153-24 as to storage plan requirements.

Evaluation of results. If the pumping rate has not varied by more than 0.2 gpm for at least the last hour of the test, the yield shall be determined to be equal to the measured pumping rate. To allow for long-term fluctuations of water availability from the aquifer caused by variations of precipitation, competition from other groundwater users or other factors, the minimum requirements of Table 2 for Constant Rate Test results shall apply to all new or expanded residential or nonresidential uses. For nonresidential or multiresidence use, minimum water requirements of N.J.A.C. 7:10-12.6 govern, and each 200 gallons per day requirements or fraction thereof shall be considered equivalent to one bedroom for the purpose of the constant rate test. An aquifer contribution of at least 0.5 gpm shall be required for each bedroom equivalent for nonresidential use.

Table 2: Minimum Yield Requirements for Wells
Well Yield from Constant Rate Test	Residential Water Use
More than 3.0 gpm	Use must not exceed the limits established during pump test
More than 2.0 to 3.0 gpm	Not more than four bedrooms
More than 1.5 to 2.0 gpm	Not more than three bedrooms
1.0 to 1.5 gpm	Not more than two bedrooms
Less than 1.0 gpm	Up to two bedrooms, pending successful demonstration*

Water conservation toilets and shower heads should be installed for all new or renovated plumbing. Well yield should be considered as a minimum for intended water uses. Residential water use does not include provisions for pools, jacuzzis, and other larger water uses.

NOTES:
*Well yields less than 1.0 gpm shall be considered unusable to support residential use, unless a certified professional engineer demonstrates professionally accepted techniques to the administrative authority that would allow for a residential water use of at least 400 gpd (equivalent of two bedrooms) without adverse effects to the well, or neighboring wells, based on drought conditions for the period of July through October.

NOTES:

*Well yields less than 1.0 gpm shall be considered unusable to support residential use, unless a certified professional engineer demonstrates professionally accepted techniques to the administrative authority that would allow for a residential water use of at least 400 gpd (equivalent of two bedrooms) without adverse effects to the well, or neighboring wells, based on drought conditions for the period of July through October.

Well recovery test.

Purpose. The well recovery test provides an estimate of groundwater inflow to the well, which is referred to as "well recovery rate." When used in combination with the above tests, it can assist in evaluating the adequacy of water supply wells to meet water demands.

Test protocol. The water level is recorded at the end of the pumping phase (§ 153-28C) before turning off the pump. After the pump is turned off, water level recovery begins as the aquifer recharges the well. The water level shall be measured and recorded, at a minimum, every five minutes during the first 30 minutes of the test. The well recovery rate is calculated from these water level measurements, measured in gallons per minute (gpm), using the following equation (for a six-inch inside diameter well casing):

Well recovery rate =	[well level at time 1 (feet) - water level at time 2 (feet)] x 1.5 gallons/foot
	recovery time 1 - recovery time 2 (minutes)

Results. The minimum acceptable well recovery rate for certification of well is 0.5 gpm averaged over the first 30 minutes of recovery. If the well fails to achieve this, the test shall be repeated to ensure that all steps were undertaken correctly. If it fails a second time, the well should be deepened or re-drilled at a different location. Deepening the well may result in encountering additional water-bearing fractures. Generally, if the well depth exceeds 500 feet, the chances on encountering additional water-bearing fractures are minimal. If a replacement well is drilled and fails to pass this test, it may be possible to use both wells in combination to meet the expected demand if the well-recovery rate of both wells together exceeds 0.5 gpm. A well which fails to achieve this recovery rate due to drawdown of less than five feet during the pumping phase shall be deemed acceptable.

§ 153-29 Aquifer test and hydrogeologic report.

Purpose. An aquifer test is a three-part test conducted to obtain background, pumping, and recovery data from a pumping well and observation wells in order to determine aquifer characteristics and assess potential well interference. The hydrogeologic report shall include a review of available information and aquifer test results and analyses in order to evaluate whether the aquifer can provide a reliable, safe, and adequate water supply to support intended uses within the capacity of available groundwater resources, and to ensure that new wells do not unduly infringe upon the performance of existing wells. Aquifer tests shall be designed to yield the most accurate information concerning the aquifer and to identify locations most likely to be marginal or problematic. All methodologies used in this analysis and report shall be in conformance with recognized hydrogeologic practice for groundwater hydraulics.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Qualified hydrogeological consultant. The aquifer test plan and hydrogeologic report shall be prepared by a qualified hydrogeological consultant (as defined in § 153-21).

Aquifer test plan. An aquifer test plan provides details about the proposed field work required for the aquifer test and hydrogeologic report. An aquifer test plan shall be submitted, together with a preliminary hydrogeologic report, at the times stated in § 153-25A, Table 1, "Applicability and Timing for Types of Water Use." 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 plan must include the estimated daily demand value for each proposed well and the project as a whole; and the location and technical specifications for each proposed test well and observation wells. Review of the aquifer test plan includes submission of such test plan to the Township hydrogeological consultant for review and recommendations. Review of the aquifer test plan must be completed by the Township hydrogeological consultant, and the plan must be approved, approved with conditions, or disapproved, within 45 days of receipt of the plan. Before the Township hydrogeological consultant approves any aquifer test plan, the Township hydrogeological consultant must review the proposed aquifer test plan with the administrative authority. The aquifer test plan shall be finalized before issuance of a well construction permit and before the aquifer test can proceed. Review of results of the aquifer test and any individual three-part pump tests must be completed by the Township hydrogeological consultant, and the results must be approved, approved with conditions or disapproved within 60 days of receipt of the well testing data.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Selection of location of aquifer test. The aquifer test shall be conducted at a location most representative of site geologic conditions.

The aquifer test(s) shall be conducted at the location(s) most representative of site geologic conditions and also most effective for evaluating the potential impact(s) to proximate users of the groundwater resource to ensure that adequate yield is available throughout the proposed subdivision.

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.

In the event that the preliminary hydrogeologic evaluation indicates that a surface-water and/or groundwater divide separates the subdivision/site, an aquifer test will be required for each side of the divide, in addition to the requirements of Subsection D(1) and (2).

Observation wells.

The number of observation wells required per aquifer test is specified in Table 3. Observation wells may be located 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. For purposes of determining the number of new lots involved in a proposed subdivision, the number of proposed new lots and the number of new lots created from the subject property since August 31, 2019, shall be added together, and that total shall be the number of new lots used to determine the number of test wells required in accordance with Table 3.

[Amended 6-16-2010 by Ord. No. BOH 2010-01; 8-21-2019 by Ord. No. BOH 01-2019; 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

Table 3: Number of Test Wells Required
Number of New Lots	Number of Test Wells*
2	1 pumping well and 1 observation well
3 to 5	2 on-site test wells, for pumping and observation; minimum of 1, up to 3 off-site existing wells***
6 to 15	4 on-site test wells, for pumping and observation; minimum of 3, up to 5 off-site existing wells***
16 to 49	6 on-site test wells, for pumping and observation; minimum of 5, up to 7 off-site existing wells***
Greater than or equal to 50**	6 on-site test wells, for pumping and observation; minimum of 7, up to 10 off-site existing wells***

NOTES:
*	Subject to § 153-29F(7).
**	Proposed water withdrawals greater than or equal to 100,000 gpd must also be submitted to NJDEP for review and approval.
***	At the discretion of the Township Hydrogeological Consultant.

Fracture trace analysis. 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 hydrogeologic report. This fracture trace analysis must be used to identify all observation wells on the site and should be used to identify neighboring property owner wells to be monitored during the test.

Location. Observation wells should be completed to similar depths as the pumping well. Observation wells must be located parallel and perpendicular to strike of the primary regional fractures and those intersected by the tested well. Additional observation wells should be located to evaluate potential secondary fractures, and impacts to adjacent and up-gradient properties.

Distance between wells. All wells must be located in accordance with the minimum distances required by N.J.A.C. 7:10-12.12. Depending on the total number of observation wells, as specified in § 153-29E(1), Table 3, one to five observation well(s) shall be located between 100 feet and 500 feet of the pumping well, and three to seven observation well(s) shall be located between 500 feet and 1,000 feet of the pumping well. Based on local hydrogeologic and site-specific conditions, the qualified hydrogeological consultant will determine the number of observation wells within the specified distance from the pumping well and may locate up to five observation wells between 1,000 feet and 2,500 feet of the subdivision/site plan boundary.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Geologic log. The observation wells and pumping well must have a geologic log completed for each well. The geologic log shall describe the depth and types of soils and rocks encountered and the depth and yields of all water-bearing fracture zones. Furthermore, the logs must include static water-level measurements and total yield estimates for each well.

Use of existing wells as observation wells.

Property owner notification. Owners of existing wells on lots located within 2,500 feet of the subdivision/site plan boundary shall be given an opportunity to have their wells monitored during the aquifer test. The applicant shall obtain a certified list of all property owners within 2,500 feet from the Township Tax Assessor. Notification of such opportunity shall be given by the applicant in letter form, which form is available from the administrative authority, titled "Notice of Aquifer Test," via certified mail and regular mail, and shall give the time and place of the aquifer test. The applicant shall submit to the administrative authority the certified mail receipts. 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 14 days of the mailing, and the applicant's responsibility is to monitor up to the number specified in Table 3 for off-site observation wells.

[Amended 6-16-2010 by Ord. No. BOH 2010-01; 6-17-2015 by Ord. No. BOH 2015-01; 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

Response. If the owner(s) of the lot within 2,500 feet of the subdivision/site plan boundaries agrees to have their existing well monitored, they shall execute the access agreement and return it to the applicant by certified mail within 14 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. If more homeowners agree to participate than the required number of observation wells, the selection of wells will be made by the Township's hydrogeological consultant. A return response for notification of the selected well owners and date and time of the well pump test(s) shall be delivered by the applicant via certified mail to those interested lot owners within 2,500 feet of the subdivision/site plan boundaries. The return response must be received by the homeowner at least four weeks prior to the well test(s).

[Amended 6-16-2010 by Ord. No. BOH 2010-01; 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

Insurance. The applicant shall provide a certificate of insurance for itself and all contractors utilized to the administrative authority prior to the conduct of the testing and pay all costs associated with the monitoring of any existing residential well.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Costs. The costs of extending, restoring or replacing a well included in the aquifer test and which is damaged as a result of testing shall be the responsibility of the applicant.

Liability. The applicant shall indemnify and hold the Township and its consultants and representatives harmless from any liability and claims for personal injury, including death, and property damage occurring in connection with the performance of these test requirements.

Protection of monitored wells. All reasonable efforts must be made to protect the potability of water from the monitored well. All wells shall be chlorinated (using the Hunterdon County Health Department's recommended procedures) at the end of each time they are opened for service or monitoring, unless the owner specifically waives the requirement of chlorination in writing. If requested, bottled water shall be provided by the applicant to the residents utilizing off-site wells selected for inclusion in the aquifer test while the chlorine is detected above the acceptable limits of chlorine in potable water.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

(7)

Selection of wells for monitoring. When property owners within 2,500 feet of the subdivision/site plan boundaries decide to participate and have their wells monitored, it is the applicant's responsibility to monitor up to the number of wells specified in Table 3. However, if any of the property owners requesting monitoring have wells that are supported with public records to have been completed to a depth less than 100 feet, these wells must also be monitored in addition to the requirements for observation wells in Table 3. The observation wells on neighboring properties shall be selected to assess if the drawdown from the pumping well will extend beyond the subdivision/site plan boundary in any direction.

[Amended 6-16-2010 by Ord. No. BOH 2010-01; 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

(8)

Water use during aquifer test. If possible, the pump of each observation well should be electrically disconnected at least three hours before the beginning of the test sequence to permit stabilization of the static water level, and remain disconnected throughout the test sequence. If this is not possible, the well owner shall minimize water use during the test sequence.

Preliminary hydrogeologic report. The preliminary hydrogeologic report shall be submitted with the aquifer test plan at the times stated in § 153-25A, Table 1, Timing of Well Certification.[1] The following is a minimum outline:

[Amended 6-18-2008 by Ord. No. 2008-01; 6-16-2010 by Ord. No. BOH 2010-01]

Map: scale of one inch equals 100 feet, prepared by a licensed surveyor or engineer. The map must show the geology; surface and groundwater features (i.e., any known fractures, faults and recharge areas); location(s) of proposed test wells and observation wells; location(s) of proposed water quality monitoring wells; existing wells on lots located within 500 feet of the subdivision/site plan boundary; all septic systems and hazardous waste disposal areas active or abandoned within 500 feet of the boundary; and the location of all soil tests for potential subsurface sewage disposal areas on lots located within 500 feet of the subdivision/site plan boundary.

[Amended 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

Well locations: global positioning system (GPS) coordinates, using NJ State Plane criteria, of the on-site test and observation wells, and proposed groundwater quality monitoring wells must be submitted on a CD in either DBase or Excel format, with the original digital GPS file(s).

Nearby wells: documentation of all well-drilling results from the records of the Hunterdon County Health Department on lots located within 500 feet of the subdivision/site plan boundary. Well failures within 0.5 mile of the subdivision/site plan boundary must be identified.

[Amended 2-17-2021 by Ord. No. BOH 21-01-2021; 3-16-2022 by Ord. No. BOH 21-01-2022]

Hydrogeology description: include a description of the hydrogeology of the site and its environs including any factors that would influence well yield, location of any known fractures or faults, and recharge characteristics of the local soils and geology. This review shall also include the attitude of formation strike and dip and a fracture trace analysis using aerial photographs showing the location and orientation of fractures beneath the site. Calculate the zone of influence and the zone of capture for the proposed wells.

Analysis of hydrological impacts: Summarize projections of the hydrological impact (e.g., the projected long-term trend, including seasonality, of the water levels in the available aquifers or other sources of potable water and stream baseflow) that may be caused by the proposed wells. This hydrological analysis shall, at a minimum, address the impacts of any existing and proposed wastewater disposal systems onto water supplies (including Trela Douglas nitrate dilution modeling); impacts of water supply and wastewater disposal systems on the aquifer, existing wells, and surface waters (e.g., wetlands and stream baseflow for drought conditions); and impacts of any existing and proposed stormwater management practices onto any existing and proposed water supply and wastewater disposal systems. The analysis shall also include an outline of all measures that may reasonably be employed to minimize any identified adverse impacts.

Editor's Note: Table 1 is included as an attachment to this chapter.

Aquifer test protocol.

General requirements.

The aquifer test shall consist of at least one constant-rate 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 (see § 153-29E and F) are to be monitored to determine and evaluate the area and magnitude of drawdown (cone of depression) and aquifer parameters, and predict the effect of long term pumping on existing and future wells.

The aquifer test will be conducted in three phases: the background phase [§ 153-29H(2)], the pumping phase [§ 153-29H(3)], and the recovery phase [§ 153-29H(4)].

The pump must be installed in the pumping well at least 48 hours prior to the start of the background phase. Prior to starting the background phase, water levels in the test well and observation wells must be permitted to stabilize for a minimum of three days after all drilling activities are complete.

General requirements for three-part pump test and aquifer test (§ 153-27) also apply.

If the proposed diversion's effect on nearby wetlands or surface water bodies is of concern, then these should be monitored.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Background phase. The first phase will involve the collection of backgroundwater levels prior to the start of pumping.

Prior to pumping phase. During the background phase, water levels should be collected at a minimum once per hour for the 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.

On the day of the pumping phase. Water levels shall be collected from all wells to determine static water levels prior to the start of pumping. Water levels in observation wells on neighboring properties should be allowed to stabilize at or near static water level prior to the start of pumping. For any observation well which has been pumped within the 24 hours preceding the test, at least 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.

Pumping phase. 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.

Calculation of flow rate. The flow rate of the aquifer test will depend upon the size of the proposed development and expected average and peak daily demands for water. The average daily and average yearly water demand for human consumption within the subdivision or site plan must be determined according to the guidelines in N.J.A.C. 7:10-12.6. Demand calculations must include irrigation systems if proposed and water usage for filling of swimming pools and all other demands. Demand is to be determined based on N.J.A.C. 7:10-12.6. The peak-day demand is twice the average daily demand. For nonresidential developments, peak-day demand must include seasonal factors. The minimum pumping rate is calculated by dividing the peak-day demand by 1,440 minutes per twenty-four-hour period.

Duration. The duration of the aquifer test will depend upon the size of the proposed development and expected average and peak daily demands for water. The pumping phase will be equal to the greater time duration of the following: the time required to remove a volume of water from the aquifer equal to the peak-day demand; or eight hours. The pumping phase must simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours.

Maintaining constant flow rate. 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 percent, the test shall be deemed invalid and the applicant required to repeat the notification and testing process.

Frequency of measurements. 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: Maximum Frequency of Water-Level Measurements in Wells During Pumping and Recoverery Phases of Aquifer Test
Time Since Pumping Began or Stopped	Test Well (minutes)	Observation Wells (minutes)
0 to 5 minutes	0.5	0.5
5 to 10 minutes	1	1
10 to 30 minutes	2	2
1/2 hour to 24 or more hours	5	5

Mixed developments. For mixed developments containing both residential and nonresidential properties, each portion will be tested separately. Wells installed for the residential portion must be used as observation wells for the nonresidential testing and wells installed for nonresidential use must be used as observation wells for the residential testing.

(f)

Equipment. The pumping rate will be determined by equipping the discharge pipe with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well. For low-capacity pumping tests (less than three gallons per minute), flow can be measured with a calibrated bucket and stop watch.

Recovery phase. The third phase will involve the recovery of water levels in the observation and pumping wells after the pump has been shut down.

Frequency of measurements. Water-level measurements during the recovery phase of the test shall be collected in accordance with § 153-29H(3)(d), Table 4.

Duration. For purposes of evaluating water-level recovery, the recovery phase duration will be equal to the pumping phase duration. For example, if the pumping phase is eight hours in duration, water levels eight hours after the pump has been turned off will be compared to the pre-pumping static water level to assess recovery rates and residual drawdown.

Water quality evaluation.

Collection. Groundwater samples must be collected during the pumping phase from the pumping well in accordance with the NJDEP Field Procedures Manual.

Field analyses. Field measurements of pH, water temperature, conductivity, and total dissolved solids shall be made with calibrated instruments.

Laboratory analyses. At a minimum, the samples shall be analyzed by a NJDEP-certified laboratory for hardness, gross alpha particle activity, arsenic, iron, manganese, copper, lead, nitrate, mercury and total and fecal coliform bacteria. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels using USEPA Method 524.2.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Additional analyses. Based on past historical operations at the site or at nearby properties, the administrative authority, may require additional analyses of groundwater, such as heavy metals, pesticides, herbicides, or other volatile or semivolatile organic compounds to assess potential future and current impacts.

Final hydrogeologic report.

After the new wells are drilled and tested, according to the provisions of this article and the specifications of the approved aquifer test plan, a final hydrogeologic report shall be submitted, at the times stated in § 153-25A, Table 1, Timing of Well Certification. Guidance is provided by "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.

Data. Results of the tests as described in this article shall be submitted for each new well, on forms prescribed by the administrative authority. All data obtained during the aquifer tests shall be provided on CD in Microsoft Word and Excel format. In addition, all water quality sampling data, including copies of the laboratory reports, shall be provided. Tables summarizing the analytical results should be included.

Analyses. The final hydrogeologic report shall provide calculations of important aquifer characteristics such as transmissivity and storage coefficient as detailed in NJDEP GSR 29. The radius of influence for the test as determined from observation wells shall be provided. Determination of the interaction between the surface and groundwater hydrology on, and within 500 feet, of the site boundary shall be provided, if proposed. The impact on adjacent landowners shall be described. The overall assessment of the aquifer test compared to data developed in the preliminary hydrogeologic report shall be detailed, specifically variations in expected response of the aquifer.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Evaluation of results. Based on the available information, as specified by the provisions of this article, the administrative authority can approve or disapprove the application. If the information indicates that the purpose of this article (§ 153-20B) would not be supported, the proposal cannot be approved, unless the applicant can show that any documented concerns can be remedied.

Precipitation. A test conducted during a period in which 0.5 inch or more of precipitation is recorded at the site must be repeated.

Background phase. Antecedent water level conditions must be determined by monitoring and, if necessary, phase and recovery phase water level data corrected. Insufficient data to assess these influences will require repetition of all three phases of the aquifer test.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Pumping phase.

If the pumping rate does not exceed the average daily demand by 120% or the peak-day demand cannot be pumped within a twenty-four-hour period, the aquifer beneath the site will be deemed insufficient to meet the proposed water use demands, and the applicant must reduce site demands and development units.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

If the pumping rate varies by more than 10% of the average flow rate, the entire test shall be repeated.

If the pump shuts down during the pumping phase for more than 10 minutes, the entire test must be repeated.

If water levels in the pumping and/or observation wells exceed the measurement capacity of the devices used for measuring changes in water levels and measurements are not recorded with other devices in accordance with the schedule listed in Table 4, the test must be repeated.

If the pumping data indicate a change in aquifer transmissivity as a result of fracture dewatering, all analyses of the potential radius of influence and impacts to neighbors, streams, and wetlands must be conducted using the lowered aquifer transmissivity. If this lowered transmissivity indicates that the anticipated demand cannot be supported by the aquifer beneath the site, the applicant must reduce the site demand and development units.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Recovery phase. If water-level recovery is less than 90% of full recovery in the pumping well or any observation well(s) at the end of the recovery phase, of the same duration as the pumping phase, the applicant must show, through professionally accepted aquifer test analytical procedures and calculations, that the well or wells are capable of full recovery. If full recovery cannot be shown or groundwater mining/dewatering has occurred, the applicant must reduce the site demand and development units to allow the proper recovery.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Observation wells.

If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision/site plan boundary, the applicant's hydrogeologist must evaluate long-term potential impacts to adjacent properties based on the actual condition of wells in that zone or along that portion of the subdivision/site plan boundary.

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 aquifer will be deemed to have insufficient transmissivity/storage to support the proposed subdivision/site plan. The applicant must reduce the site demand and development units to ensure that drawdown will not exceed five feet at any site boundaries.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

Impacts to streams and wetlands. If drawdown is measured or projected to induce leakage from streams or wetlands such that baseflow in these streams will be reduced or wetlands partially or entirely dewatered, or if ambient water quality would be impacted, then the site demand and development units must be reduced to prevent adverse impacts to streams and wetlands.

(7)

Water quality.

Results of water quality tests must meet the minimum requirements for potability according to N.J.A.C. 7:10 or the well cannot be certified for use unless the documented concerns can be remedied.

If results of the Trela Douglas nitrate dilution model predict unacceptable nitrate levels for any of the new or existing wells within the improved or unimproved buildable lots of the subdivision, then the site demand and/or development units must be reduced. Model simulations must reflect low-recharge summer season and drought conditions. (Reference: Trela, J.J. and Douglas, L.A., 1978, Soils, septic systems and carrying capacity in the New Jersey Pine Barrens: paper presented at the First Annual Pine Barrens Research Conference, Atlantic City, May 22, 1978, 34p.)

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

(Reserved)[2]

[2]

Editor's Note: Former Subsection K(7)(c), requiring a groundwater quality monitoring program for residential subdivisions with three or more lots, or any residential, public or nonresidential water use on a single lot of greater than or equal to 1,500 gpd, as amended, was repealed 8-21-2013 by Ord. No. BOH 2013-02.

(8)

Additional testing. Any test that must be repeated, restarted, or reconducted at a reduced demand must satisfy all the requirements of this article, including but not limited to renotification of all property owners within 2,500 feet of the site boundary, and resubmission of an aquifer test plan for administrative authority approval prior to implementation of the test.

§ 153-30 Waiver criteria.

[Added 10-17-2007 by Ord. No. BOH 2007-02]

In regard to single well tests, the only exceptions that shall be permitted to the window of testing (July through October) for the Three-Part Pump Test shall be as follows:

As is also set forth in § 153-26B, lots less than four acres in an existing subdivision that have a minimum of six soil tests that present a very limited (Note: include soil types) area of acceptable conditions for a subsurface disposal system, and are located upgradient, within 200 feet of an existing or proposed new well, may make written request for a waiver from the administrative authority for the location of the subject disposal area, which request shall be heard at the next regularly scheduled meeting of the Kingwood Township Board of Health occurring not less than 10 days following the submission of the written request . If a waiver is granted by the administrative authority, all new or altered wells within 200 feet downgradient of the disposal area shall have casing lengths of no less than 100 feet as measured from the top of the bore hole. The spacing requirement for wells may be waived for multiple wells (only), on single lots that serve one individual residence, to not less than 50 feet.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

§ 153-31 Documentation.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

The applicant shall submit five copies of the aquifer test plan, preliminary hydrogeologic report, proof of property owner notification, final hydrogeologic report, and water quality monitoring results (semiannually, when applicable) to the administrative authority for distribution to the Township hydrogeologic consultant and Planning Board office, written or in pdf format.

§ 153-32 Repealer.

All ordinances, Codes or parts of the same inconsistent with any of the provisions of this article and the code established hereunder are repealed to the extent of such inconsistency.

§ 153-33 Hearing upon denial of permit or certificate.

[Amended 6-16-2010 by Ord. No. BOH 2010-01]

In case any permit or certification required by this article is denied by the administrative authority, a hearing shall be held thereon before the administrative authority within 30 days after request therefor is made by the applicant, and upon such hearing the administrative authority shall affirm, alter or rescind its previous determination and take action accordingly within 30 days after the date of such hearing..

§ 153-34 Orders to stop work.

The administrative authority may order all further work in and about any water supply which is being erected or installed in violation of the Code 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, and 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 any such water supply or any part thereof, no further work shall be done thereon except as aforesaid.

§ 153-35 Fees.

Application for Kingwood Township Well Construction Permit: $200.

Witnessing of pump tests: $1,500 escrow deposit per well.

[Amended 6-17-2009 by Ord. No. BOH 2009-01]

Review of storage plan: Escrow deposit of $300 per well.

[Added 6-16-2010 by Ord. No. BOH 2010-01[1]]

Editor's Note: This ordinance also repealed former Subsection C, Application for certification of well.

Escrow deposits for professional review of aquifer test plan and hydrogeologic report.

Residential subdivisions and site plans. An initial escrow deposit of $4,000 for the first lot or dwelling unit and $400 for each proposed additional lot or dwelling unit. These fees do not apply to existing dwelling units.

Nonresidential site plans. An initial escrow deposit of $4,000 for the first 1,000 gallons of average daily demand and $300 for each additional 1,000 gallons of average daily demand.

Existing lots. An initial escrow deposit of $4,000 for the first lot and $400 for each proposed additional lot.

[Added 10-17-2007 by Ord. No. BOH 2007-02]

[2]Replenishment of escrow deposits. When any escrow deposit set forth in this section is reduced to a level of 25% or less of the initial escrow deposit required, and the permit or certification application is still pending, such escrow deposit shall be replenished by the applicant in an amount that causes the total escrow deposit to equal the initial escrow deposit required by this section, prior to any further required actions of Township professionals or employees whose fees are charged against such escrow deposits being undertaken.[3]

[Added 6-17-2009 by Ord. No. BOH 2009-01]

[2]

Editor's Note: Former Subsection E, Escrow for rehabilitation and monitoring, as amended, was repealed 8-21-2013 by Ord. No. BOH 2013-02. This ordinance also redesignated former Subsections F and G as Subsections E and F, respectively.

[3]

Editor's Note: Former Subsection G, Return of escrow deposits, as amended, and which immediately followed this subsection, was repealed 6-16-2010 by Ord. No. BOH 2010-01.

Hydrofracturing. The escrow for hydrofracturing shall be $800.

[Added 5-15-2013 by Ord. No. BOH 2013-01]

§ 153-36 Retest procedures.

A licensed well driller, pump installer, qualified hydrogeological consultant, or a professional engineer must be present during retest. The entire procedure must be undertaken, regardless if only one section of the test is failing. The witness fee must be paid for a retest, even though the County Health Department does not charge a duplicate fee.

§ 153-37 Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this article and the Code, statutes and regulations adopted hereunder, shall, upon conviction thereof, pay a penalty up to $500. Each day a particular violation continues shall constitute a separate offense and violation.

§ 153-38 Geothermal well construction permit.

[Added 6-17-2015 by Ord. No. BOH 2015-01]

Prohibition. No person shall locate, construct or alter any geothermal well within the Township of Kingwood until a permit for the location, construction or alteration of such well has been issued by the administrative authority.

Application for a geothermal well construction permit. Compliance with all state permitting requirements is a prerequisite to the issuance of a Kingwood Township geothermal well construction permit. Application must be made on forms prescribed by the administrative authority titled "Kingwood Township Board of Health Geothermal Well Construction Permit Application."

Map. An application for a geothermal well permit must include a site survey plan by a licensed surveyor showing the location(s) of the proposed geothermal well (vertical system) or proposed horizontal geothermal system, on-site water supply well(s), proximate off-site water supply wells (within 100 feet from the proposed geothermal system), septic tank and drain field and any underground heating oil/gas tanks.

Plans and specifications. Plans and specifications for the proposed geothermal well system(s) shall, at a minimum, include the following:

Name and address of property.

Registration number of contractor.

Well(s): diameter, depth and construction materials.

Proposed heat transfer fluid. (See § 153-39B(5) for allowed transfer fluids)

Known areas of groundwater contamination.

Grade elevation at site in feet, MSL and location coordinates.

(7)

Grouting plan for vertical well casing.

(8)

Grouting plan for geothermal closed loop piping (for vertical systems only).

One copy of the application and site survey plan in an electronic PDF format is required to be submitted at the time of the application.

Certification of taxes paid, current as of the time of submission of the application, is to be obtained from the Township Tax Collector.

Expiration. All geothermal well construction permits shall expire two years following the issuance date of any such permits.

§ 153-39 Physical construction requirements for geothermal systems.

[Added 6-17-2015 by Ord. No. BOH 2015-01]

At a minimum, closed loop geothermal systems shall be installed per International Ground Source Heat Pump Association (IGSHPA, 2000) guidelines.

Vertical systems.

Separation distances.

The following separation distances are required for vertical closed loop geothermal wells:

Feature	Separation Distances
On-site or off-site water supply well(s)	100 feet
Public water supply well or future well site	500 feet
Septic leaching fields	50 feet
Septic tank	25 feet
Known groundwater plume of contamination (as mapped by a governmental agency)	500 feet

If property constraints do not allow for the required separation distances, a waiver can be requested in the application pursuant to § 153-40C.

Casing. The geothermal well shall be cased 20 feet into competent bedrock, and the casing string will be grouted using portland neat cement (Type I and II: mix of 94 pounds of cement and 5.2 gallons of water) or a mix of portland cement and high-grade bentonite using five pounds of bentonite per 94 pounds of portland cement and 8.3 gallons of water (Type I and II only). Casing materials shall be mild steel pipe, and the grout mixture will be placed in the casing-borehole annulus using a tremie pipe.

Grouting. At a minimum, closed loop geothermal systems shall be grouted per IGSHPA (2000) "Grouting Procedures for Ground Source Heat Pump" by the following:

Bentonite grout having minimum 20% by weight bentonite.

Any additives to the grout other than silica sand and water must meet NSF/ANSI specifications.

Use of silica sand thermally enhanced bentonite grout is permitted.

Closed loop geothermal systems shall be continuously grouted with the tremie pipe method from the bottom to the top of the borehole. All boreholes shall be continuously grouted at time of installation.

All closed loop systems must be hydrostatically pressure tested at not less than 1 1/2 times working pressure for two hours.

Circulating fluids. Only the following ground heat exchanger circulating fluids can be used: mixtures of food grade propylene glycol and potable water, mixtures of potassium acetate and potable water, or potable water.

At the completion of the geothermal system construction, the applicant shall submit an as-built survey with GPS coordinates for each well, one geologic/well log and well completion certificates. The heat exchanger installer shall certify that the installed system meets pressure test and heat exchange fluid requirements.

Horizontal systems:

The following separation distances are required for horizontal closed loop geothermal systems:

Feature	Separation Distances
On-site or off-site water supply well(s)	50 feet
Public water supply well or future well site	500 feet
Septic leaching fields	25 feet
Septic tank	25 feet
Known groundwater plume of contamination (as mapped by a governmental agency)	500 feet

Circulating fluids. Only the following ground heat exchanger circulating fluids can be used: mixtures of food-grade propylene glycol and potable water, mixtures of potassium acetate and potable water, or potable water.

If property constraints do not allow for the required separation distances, a waiver can be requested in the application pursuant to § 153-40C.

Geothermal system abandonment.

All geothermal wells shall be abandoned in accordance with the latest and most applicable NJDEP requirements. Records of decommissioning/abandonment shall be submitted to the Township and administrative authority. Any wells/borings that are drilled and not used for a geothermal installation must be abandoned immediately as per NJDEP requirements.

Any geothermal well not in normal operation for a period of 24 months or more shall be considered inactive and shall be abandoned. The tubing in such wells must be flushed with clean water until all of the ground heat exchanger circulating fluids have been flushed out.

§ 153-40 Waiver criteria.

[Added 6-17-2015 by Ord. No. BOH 2015-01]

The only exceptions to the construction requirements of a geothermal well shall be for the separation distance requirements.

If the applicant requests a waiver pertaining to the construction of a geothermal well, the request shall:

State the grounds and facts of unreasonableness or hardship on which the request is based.

Outline the minimum waiver necessary.

Provide evidence in the form of surveys or tests that the waiver will not result in an unreasonable danger to public health.

Outline engineering alternatives proposed to protect drinking water and septic systems to provide equivalent protection of the separation distance(s).

Ensure that the waiver does not violate any state or federal laws.