[HISTORY: Adopted by the Board of Health
of the Township of Kingwood 11-17-1993. Amendments noted where applicable.]
New regulations concerning the location, design,
construction, use, installation, operation and maintenance of subsurface
sewage disposal systems became effective on January 1, 1990. A copy
of those regulations is attached hereto and made a part hereof without
the inclusion of the actual text of the regulations in this chapter,
pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6, and pursuant to authority
granted thereunder and N.J.A.C. 7:9A-3.1, the Board of Health hereby
adopts those regulations, together with all amendments thereto.
The regulations established and adopted by this
chapter are described and commonly known as "Standards for Individual
Subsurface Sewage Disposal Systems" and are set forth in the New Jersey
Administrative Code, Title 7, Chapter 9A, commonly cited as "N.J.A.C.
7:9A-1.1 et seq." Pursuant to N.J.S.A. 26:3-69.2, three copies of
the regulations have been placed on file in the office of the Secretary
of the Board of Health upon the introduction of this chapter and will
remain on file until final action is taken on this chapter for the
use and examination of the public. Upon adoption, said regulations
shall remain on file so long as this chapter is in effect pursuant
to N.J.S.A. 26:3-69.4.
No person shall locate, construct or alter any
individual sewage disposal system in the Township of Kingwood until
a permit for the location, construction or alteration of said sewage
disposal system shall have been issued by the Board of Health of Kingwood
Township through the Hunterdon County Board of Health.
The Board of Health may issue a permit if the
application is determined to be in compliance with the regulations
adopted under this chapter and any other applicable local ordinances
and state statutes and the Administrative Code.
All individual subsurface sewage disposal systems
constructed, repaired or certified for operation after the effective
date of this chapter shall comply with the operation and maintenance
requirements set forth under N.J.A.C. 7:9A-12.1.
New individual disposal systems shall not be
placed in operation, nor shall new dwellings or buildings or additions
thereto be sold or occupied, which must rely on such a system for
sewage disposal until the Board of Health shall have issued a certificate
indicating that said disposal system has been located and constructed
in compliance with the terms of the permit issued and the requirements
of this chapter and the other applicable local ordinances and the
New Jersey statutes and Administrative Code.
Any approved application for the location, construction
and/or alteration of any individual subsurface sewage disposal system
shall be valid for a period of three years from the date of issue.
Thereafter, a new approved application must be obtained which will
be reviewed under the regulations in effect at the time of the new
application. Issuance of such certificate shall not be required for
repairs to an existing individual sewage disposal system.
In case any permit or certification required
by this Article is denied by the Board of Health, a hearing shall
be held thereon before the Board within 15 days after request therefor
is made by the applicant, and upon such hearing, the Board of Health
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of such hearing.
The Board of Health may order all further work
in and about any individual sewage disposal system 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 disposal system
or any part thereof, no further work shall be done thereon except
as aforesaid.
A.
Determination of soil suitability and permeability
shall be made in accordance with the code.
B.
Soil tests are to be witnessed by the designated representative
of the Kingwood Township Board of Health.
C.
Once a soil test has been completed, soil material
shall be replaced in the excavation in the reverse order that it was
removed, restoring the original soil layers, after which the soil
material shall be compacted and the area returned to the preexisting
natural ground surface to the greatest extent practicable.
[Added 6-18-2008 by Ord. No. BOH 2008-01; amended 6-17-2009 by Ord. No. BOH 2009-01]
All applications shall include such information
and detail as may be required by the appropriate statutes and ordinances
or as requested by the reviewing agency, the Kingwood Township Board
of Health acting through the Hunterdon County Board of Health.
A.
All systems proposed under any section of this article
shall be reviewed for conformance and adherence to the code, the requirements
of this article and all recommendations made and approved by the Township
Board of Health.
B.
The designated representative of the Board of Health
will be present for an inspection during the installation of the subsurface
disposal system. Arrangements for these inspections are the responsibility
of the applicant.
A.
Any person or persons, firm or corporation violating
any of the provisions of, or any order promulgated under, this article
or the Standards for the Construction of Individual Subsurface Sewage
Disposal Systems, which is hereby made part of this chapter, shall,
upon conviction hereof, pay a penalty of not less than $5 nor more
than $500 for each violation.
B.
Each day a particular violation continues shall constitute
a separate offense.
The following fees and charges are herewith
established:
A.
Soil tests.
(1)
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]
(2)
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]
(3)
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]
(4)
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.
B.
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.
C.
Installation inspections.
(1)
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.
(2)
The applicant shall notify the Hunterdon County Health
Department as required to arrange for necessary inspection of the
installation of the system.
D.
Septic
waivers.
[Added 6-18-2014 by Ord.
No. 2014-01; amended 10-19-2022 by Ord. No. 2022-02 BOH]
(1)
Any
person, corporation or firm applying for septic waiver approval to
the Kingwood Township Board of Health shall pay a fee of $100.
(2)
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.
(3)
One
copy of the plat application in an electronic format is required to
be submitted at the time of the application.
[Added 10-19-2022 by Ord. No. 2022-02 BOH]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[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]
[Amended 6-16-2010 by Ord. No. BOH 2010-01]
A.
Basis for section.
(1)
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:
(a)
Groundwater occurs principally in fracture openings in the bedrock
(which can be limited in some areas);
(b)
Recharge can be limited by local soils and geology;
(c)
New wells may impact existing wells if their respective fracture
systems are interconnected;
(d)
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
(e)
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.
(2)
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).
B.
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:
(1)
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;
(2)
To provide safeguards designed to minimize the impact of new development
on water availability for existing homes and businesses;
(3)
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);
(4)
To maintain undiminished, high quality stream baseflow;
(5)
To maintain the antecedent hydrology of streams, wetlands, lakes,
and ponds, for the long-term protection of aquatic ecosystems; and
(6)
To provide for the collection of accurate groundwater information.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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]
Accepted by the administrative authority as satisfying the
requirements of this article.
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.
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.
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.
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.
The distance between static level and 15 feet above the pump
intake level or the first major water-bearing fracture.
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]
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]
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)]
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]
A pumping test conducted upon the well so that discharge
remains relatively constant with time.
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.
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).
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.
The surface representation of a fracture zone as determined
from an analysis of aerial photographs in stereo pair.
The ease with which water can travel through a porous media.
Also referred to as "permeability."
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]
The study of groundwater with particular emphasis given to
its chemistry, mode of migration, and relation to the geologic environment.
The amount of drawdown in a nonpumping well resulting from
nearby well pumpage.
A pumping test conducted to determine the interference effects
on one or more selected observation wells, resulting from pumping
a subject well.
Equipment including but not limited to pumps, piping, and
sprinkler heads used to distribute water to grasses, landscape materials,
crops, and other vegetation.
A well newly constructed or altered, or an existing well
prior to its certification for a new or expanded use.
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]
Any well, which is not the pumping well, utilized to obtain
water level measurements, and other associated data, during interference
testing.
Equal to twice the average daily demand.
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.
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.
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)
|
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.
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]
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.
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.
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.
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]
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.
The volume of water that a unit volume of aquifer releases
from storage for a unit decline in water depth.
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.
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."
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]
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.
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."
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.
An artificial excavation that derives water from the interstices
of the rocks and soils which it penetrates.
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.
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.
A.
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:
(1)
N.J.S.A. 58:12A-1 et seq., Safe Drinking Water Act.
(2)
N.J.S.A. 58:11-23 et seq., The Realty Improvement
Sewerage and Facilities Act.
(3)
N.J.S.A. 4:1C-1 et seq., Right to Farm Act.
(4)
N.J.A.C. 7:10, Safe Drinking Water Act Regulations.
(5)
N.J.A.C. 7:9D, Well Construction and Maintenance;
Sealing of Abandoned Wells.
(6)
N.J.A.C. 7:9E, Private Well Testing Act.
B.
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.
A.
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]
B.
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]
C.
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]
F.
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.
G.
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]
A.
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]
(1)
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.
(2)
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.
B.
Application for certification of well.
(1)
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]
(2)
The application must include a copy of the test results
necessary to fulfill the requirements of the state well permit.
C.
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.
A.
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]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
B.
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]
A.
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:
B.
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]
C.
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]
(1)
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]
D.
Explosives. The use of explosives for development
of any well is prohibited.
E.
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.
F.
Electric lines. Electric lines shall be installed
and maintained as described in Chapter 3 of the National Electric
Code (NEC).
G.
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.
H.
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]
I.
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.
J.
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.
K.
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]
A.
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.
B.
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]
C.
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.
D.
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.
E.
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]
F.
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]
G.
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]
A.
General requirements.
[Amended 6-18-2008 by Ord. No. 2008-01;6-16-2010 by Ord. No.
BOH 2010-01]
(1)
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]
(2)
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.
(3)
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.
B.
Peak demand test.
(1)
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.
(2)
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.
(3)
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]
C.
Constant rate test.
(1)
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.
(2)
Test protocol.
[Amended 6-16-2010 by Ord. No. BOH 2010-01]
(a)
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.
(b)
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.
(3)
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.
|
D.
Well recovery test.
(1)
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.
(2)
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)
|
(3)
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.
A.
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]
B.
Qualified hydrogeological consultant. The aquifer test plan and hydrogeologic report shall be prepared by a qualified hydrogeological consultant (as defined in § 153-21).
C.
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]
D.
Selection of location of aquifer test. The aquifer
test shall be conducted at a location most representative of site
geologic conditions.
(1)
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.
(2)
If the proposed site is underlain by two or more geologic
formations, then an aquifer test will be required for each portion
of the site underlain by each formation. The test requirements for
each formation will depend on the number of lots and size of units
per formation.
E.
Observation wells.
(1)
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.
|
(2)
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.
(3)
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.
(4)
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]
(5)
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.
F.
Use of existing wells as observation wells.
(1)
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]
(2)
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]
(3)
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]
(4)
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.
(5)
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.
(6)
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.
G.
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]
(1)
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]
(2)
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).
(3)
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]
(4)
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.
(5)
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.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
H.
Aquifer test protocol.
(1)
General requirements.
(a)
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.
(b)
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)].
(c)
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.
(e)
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]
(2)
Background phase. The first phase will involve the
collection of backgroundwater levels prior to the start of pumping.
(a)
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.
(b)
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.
(3)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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
|
(e)
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.
(4)
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.
(a)
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.
(b)
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.
I.
Water quality evaluation.
(1)
Collection. Groundwater samples must be collected
during the pumping phase from the pumping well in accordance with
the NJDEP Field Procedures Manual.
(2)
Field analyses. Field measurements of pH, water temperature,
conductivity, and total dissolved solids shall be made with calibrated
instruments.
(3)
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]
(4)
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.
J.
Final hydrogeologic report.
(1)
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.
(2)
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.
(3)
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]
K.
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.
(1)
Precipitation. A test conducted during a period in
which 0.5 inch or more of precipitation is recorded at the site must
be repeated.
(2)
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]
(3)
Pumping phase.
(a)
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]
(b)
If the pumping rate varies by more than 10%
of the average flow rate, the entire test shall be repeated.
(c)
If the pump shuts down during the pumping phase
for more than 10 minutes, the entire test must be repeated.
(d)
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.
(e)
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]
(4)
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]
(5)
Observation wells.
(a)
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.
(b)
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]
(6)
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.
(a)
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.
(b)
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]
(c)
(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.
[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:
A.
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]
[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.
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.
[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..
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.
A.
Application for Kingwood Township Well Construction
Permit: $200.
B.
Witnessing of pump tests: $1,500 escrow deposit per
well.
[Amended 6-17-2009 by Ord. No. BOH 2009-01]
D.
Escrow deposits for professional review of aquifer
test plan and hydrogeologic report.
(1)
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.
(2)
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.
(3)
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]
E.
[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]
F.
Hydrofracturing.
The escrow for hydrofracturing shall be $800.
[Added 5-15-2013 by Ord.
No. BOH 2013-01]
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.
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.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
A.
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.
B.
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."
C.
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.
D.
Plans and specifications. Plans and specifications for the proposed
geothermal well system(s) shall, at a minimum, include the following:
(1)
Name and address of property.
(2)
Registration number of contractor.
(3)
Well(s): diameter, depth and construction materials.
(4)
Proposed heat transfer fluid. (See § 153-39B(5) for allowed transfer fluids)
(5)
Known areas of groundwater contamination.
(6)
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).
E.
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.
F.
Certification of taxes paid, current as of the time of submission
of the application, is to be obtained from the Township Tax Collector.
G.
Expiration. All geothermal well construction permits shall expire
two years following the issuance date of any such permits.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
A.
At a minimum, closed loop geothermal systems shall be installed per
International Ground Source Heat Pump Association (IGSHPA, 2000) guidelines.
B.
Vertical systems.
(1)
Separation distances.
(a)
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
|
(2)
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.
(3)
Grouting. At a minimum, closed loop geothermal systems shall be grouted
per IGSHPA (2000) "Grouting Procedures for Ground Source Heat Pump"
by the following:
(a)
Bentonite grout having minimum 20% by weight bentonite.
(b)
Any additives to the grout other than silica sand and water
must meet NSF/ANSI specifications.
(c)
Use of silica sand thermally enhanced bentonite grout is permitted.
(d)
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.
(4)
All closed loop systems must be hydrostatically pressure tested at
not less than 1 1/2 times working pressure for two hours.
(5)
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.
(6)
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.
C.
Horizontal systems:
(1)
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
|
(2)
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.
D.
Geothermal system abandonment.
(1)
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.
(2)
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.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
A.
The only exceptions to the construction requirements of a geothermal
well shall be for the separation distance requirements.
B.
If the applicant requests a waiver pertaining to the construction
of a geothermal well, the request shall:
(1)
State the grounds and facts of unreasonableness or hardship on which
the request is based.
(2)
Outline the minimum waiver necessary.
(3)
Provide evidence in the form of surveys or tests that the waiver
will not result in an unreasonable danger to public health.
(4)
Outline engineering alternatives proposed to protect drinking water
and septic systems to provide equivalent protection of the separation
distance(s).
(5)
Ensure that the waiver does not violate any state or federal laws.
(6)
Be in writing and shall accompany a well permit application.
C.
The Board may grant a waiver of the separation distance requirements
if the literal enforcement will exact undue hardship because of peculiar
conditions of the property at issue (i.e., a well cannot physically
be placed anywhere on the property at issue in compliance with the
separation distances), provided that such waiver will not be contrary
to the public interest or purpose and intent of this chapter.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
The applicant for a geothermal well permit shall submit three
copies of the application and attachments.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
In case any permit required by this article is denied by the
administrative authority, a hearing shall be held before the administrative
authority within 45 days after request is made by the applicant. The
administrative authority shall affirm, alter or rescind its previous
determination and take action accordingly within 45 days after the
date of such hearing.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
The administrative authority may order all further work in and
about the construction and use of any geothermal well which is being
constructed 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. After issuance of such order and the service
of a copy thereof upon any person connected with or working in and
about the construction or installation of any such geothermal well
or any part thereof, no further work shall be done thereon except
as aforesaid.
[Added 6-17-2015 by Ord.
No. BOH 2015-01]
Fees for an application for a geothermal well permit shall be the same as the fees for a well construction permit pursuant to § 153-35 herein.