[Adopted 11-13-1973 by Board of Health Ord. No. 12-73; last amended 11-14-1991 by Board of Health Ord. No. 2-91 (Ch.
149, Art. I, of the 1990 Code)]
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
As used in this article, the following terms
shall include the meanings given herein:
Any physical change in the well, including (but not limited
to) deepening, modification or decommissioning, such that there will
be a change in size, construction or installation (including, but
not limited to, extension of the casing). The replacement of pumps
shall not be considered an alteration.
The Board of Health of the Township of Harding, or its duly
authorized agent.
A certificate issued by the Board of Health certifying that
an individual water supply system has been installed in such manner
as to meet the requirements of Department of Environmental Protection's
Standards for the Construction of Public Noncommunity and Nonpublic
Water Systems and higher standards prescribed by this article and
all terms and conditions of approval imposed by the Board with respect
to such system upon the issuance of the certificate of compliance,
location and design therefor.
A certificate issued by the Board of Health certifying that
a proposed individual water supply system, or an alteration of such
system, is in compliance with the provisions of DEP's Standards for
the Construction of Public Noncommunity and Nonpublic Water Systems,
and any higher standards prescribed by this article.
New Jersey Department of Environmental Protection.
The New Jersey Department of Environmental Protection's Standards
for the Construction of Public Noncommunity and Nonpublic Water Systems,
as found at N.J.A.C. 7:10-12.1 et seq., and as amended and/or supplemented.
Any system for the supply of water for potable or domestic
purposes, other than a public system approved by the DEP.
An engineer licensed to practice professional engineering
in the State of New Jersey.
To fix, refurbish or replace one or more components of a
well in a manner that will or is meant to restore and preserve the
original location, design, construction, installation and/or operation
of the system.
The Safe Drinking Water Act as found at N.J.S.A. 58:12A-1
et seq., as amended and/or supplemented.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed, constructed, assembled or
erected on, above or below the surfaces of a parcel of land or upon
another structure or building, and including fences and garden walls
more than seven feet high.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
No individual water supply system shall be installed
on a property served by a public water system approved by the DEP.
No building shall be served by both a public water supply and an individual
water supply.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
A.
No person shall locate, construct (drill, build, assemble
and/or install) or alter an individual water supply system until the
Board of Health shall have issued a certificate of compliance, location
and design with respect to such system.
C.
A certificate of compliance, location and design shall
expire one year from the date of issuance.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
No individual water supply system shall be placed
in service or operation until the Board of Health or its duly authorized
agent shall have issued a certificate of compliance, installation
with respect to such system. No such certificate shall be issued until
the owner or developer shall have furnished to the Board of Health
the following:
A.
An as-built plan of the system prepared and signed
by a professional engineer or a New Jersey State licensed well driller,
which plan shall include the exact location of any well in relation
to the foundation of the buildings served by the system and all other
buildings, structures, driveways, etc., on the lot.
B.
A DEP well record (goldenrod - Health Department DWR-138).
C.
A written report by a New Jersey certified laboratory
determining potability.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
The DEP's Standards for the Construction of
Public Noncommunity and Nonpublic Water Systems shall be in full force
and effect in the Township of Harding, except that the following regulations
or higher standards are hereby prescribed:
A.
Location of wells. Every wellhead shall be located
at a higher elevation than any individual sewage disposal system serving
the same property, unless site conditions peculiar to a property render
this requirement unreasonable. Wells shall not be buried, and well
pits are prohibited.
B.
Storage of water. Water shall be stored only in impervious
tanks protected against surface drainage. All tanks shall be provided
with watertight covers, and any overflow or ventilation openings shall
be covered with a metallic screen of not less than 16-mesh to prevent
the entrance of insects and vermin. No storage tank shall have a drainage
connection directly to a sewer.
C.
General well construction requirements. The following
general construction requirements shall apply to the construction
of all wells and to the upgrading of any well which is required by
the enlargement or change in use of an existing building:
(2)
Once the well has been installed, the well casing
shall be capped until the pump is installed and the well placed in
service or until the well is properly decommissioned. The cap shall
be either threaded onto the casing or be a friction-type device which
locks onto the outside of the casing or a blank sanitary well seal
or any other type of cap as may be approved by the Township Health
Department.[2]
(3)
All annular space(s) between the well casing(s), and
the annular space between the borehole and outermost casing, where
applicable, shall be grouted in place as soon as possible. This can
be done either by the tremigrout method or the displacement method.
(4)
Unsuitable or nonproductive wells that cannot be used
for their intended purpose shall be decommissioned in accordance with
the requirements stated herein.
(5)
When the drilling of a pilot hole for any well is
temporarily suspended and the rig moves away from the drilling site,
the hole shall be considered abandoned and subject to the decommissioning
requirements of this Code, unless drilling operations are resumed
within 72 hours of the initial date of suspension.
(6)
All flowing wells shall be equipped with a watertight
cap, either threaded, slip-on or welded, and a control valve or necessary
appurtenances so that the flow of water can be controlled so as to
protect the integrity of the well construction and/or the wellhead.
(7)
If the Board of Health determines that any well water
system or any appurtenance thereto is not being properly maintained
or has deteriorated to such an extent that contamination might enter
the well or enter the groundwater or constitute a physical hazard,
the Board may order work to be performed on the well or appurtenances
thereto as is deemed necessary to prevent contamination of the groundwater
or to mitigate the physical hazard.
(8)
Every well shall be maintained in a condition whereby
it will conserve and protect the groundwater resources, and whereby
it will not be a source of, or channel for, pollution that may contaminate
the water supply of that well, any water-bearing unit or any aquifer.
(9)
Any repairs made to existing wells and/or pump systems
where the wellhead terminates below ground shall include extending
the well casing above the land surface and installing a pitless adapter.
Extending the well casing above grade shall be accomplished by either
welding additional casing on the existing casing or the use of an
approved, gasketed, watertight, casing adapter.
(10)
Any new or existing well shall not be located
or enclosed in a basement or cellar of a building, nor built over
by any realty improvement that would inhibit access to the well for
any repair, replacement or decommissioning. All wells shall be at
least 10 feet from any and all structures.
(11)
All well casings shall extend a minimum of 18
inches above grade and shall be equipped with pitless adapters.
(12)
Pitless adapters must be inserted within the
well casing, and the casing must be extended 18 inches above final
grade on any new or upgraded wells. A minimum of 50 feet of casing
shall be installed and grouted by an approved method in the presence
of a representative of the Board of Health in all new water systems.
D.
General requirements for the decommissioning of all
wells.
(1)
The Board of Health may order the decommissioning
of any well due to abandonment, improper maintenance, contamination,
potential for contamination, unproductivity, unsuitability and/or
well construction in violation of any provision of the DEP's Standards
for the Construction of Public Noncommunity and Nonpublic Water Systems
or this Code for new or upgraded wells.
(2)
The Board of Health may require or allow a well to
be decommissioned by a method other than as set forth in this section.
(4)
All wells shall be decommissioned by, or under the
direct and constant on-site supervision of, a New Jersey licensed
well sealer.
(5)
The driller shall calculate and have on site the amount
of sealing material necessary to completely and appropriately decommission
the well.
(6)
Any hazardous materials (including but not limited
to contaminated casings, cuttings, sediment, displaced water or free
product) generated during the sealing shall be handled in accordance
with Board of Health and DEP regulations.
(7)
The well shall be cleared of pump, pipe, debris and
all other obstructions which may impede proper sealing and decommissioning.
(8)
If the well has been over-drilled so as to remove
the entire casing, screen and gravel pack, the resulting bore hole
shall be constructed to, and maintained at, the original depth of
the well until the bore hole is properly sealed in accordance with
this subsection.
(9)
The Board of Health, at its discretion, may require
additional information about a well prior to the well being decommissioned.
Such information may include, but is not limited to, data gathered
via geophysical logging, down hole televising, photographing and/or
water quality testing.
(10)
If it is known or suspected that an ungrouted
annular space exists between the outermost casing and the bore hole,
the casing shall be perforated, ripped or removed to ensure that said
space is sealed.
(11)
All water used in the sealing process shall
be of potable quality.
(12)
The following materials shall be used to seal
and decommission wells:
(13)
The Board of Health may approve or disapprove
alternate or additional sealing materials at its discretion.
(14)
Only those materials and/or additives specifically
designed and recommended for well sealing by the manufacturer and
approved by the Board of Health shall be used to decommission wells.
The material shall have a maximum permeability of 1 x 10-7
centimeters per second when prepared in accordance with manufacturer's
specifications.
(15)
Sealing materials shall be pumped into the well
under pressure through a tremie pipe which discharges at the bottom
of the well. If an annular space is being sealed, the material must
discharge at the bottom of the annular space. During sealing, the
tremie pipe may be raised from the bottom of the space being filled
in a manner which ensures that the discharge end of the tremie pipe
is constantly submerged within the column of undiluted sealing material
in the well.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
No employee of the Board of Health shall have
any authority to make exceptions to the requirements established by
the Department of Environmental Protection's Standards for the Construction
of Public Noncommunity and Nonpublic Water Systems, the standards
of the Safe Drinking Water Act[1] or the higher standards established by this Code.
[1]
Editor's Note: See N.J.S.A. 58:12A-1 et seq.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
A.
All applications for certifications required by § 422-3 of this article shall be made upon forms to be supplied by the Board of Health for that purpose. A separate application shall be filed and a separate certificate issued for each installation. Applications for each new installation must be signed by a professional engineer. Application for repairs or alterations to an existing system may be signed by a professional engineer, a New Jersey-licensed well driller or a New Jersey-licensed plumber, unless the Sanitary Inspector employed by the Board of Health determines that the proposed repairs or alterations are improper, unfeasible or too complex, in which event the installation shall be designed and the application shall be signed by a professional engineer. The Sanitary Inspector employed by the Board of Health is authorized to approve all applications but may obtain the advice and guidance of the Harding Township Engineer whenever appropriate. The Board of Health may impose reasonable conditions on its approval of such an application and may require that the applicant prepare and record a deed, subject to the approval of the Board or its attorney, setting forth the conditions as a restrictive covenant running with the land and enforceable by the Board.
B.
Every application for a certificate of compliance,
location and design shall contain, in addition to the information
required by the DEP's Standards for the Construction of Public Noncommunity
and Nonpublic Water Systems, a statement that the location design
of the proposed system will comply with the Safe Drinking Water Act's[1] standards and any higher standards prescribed by this
article. Such statement shall be signed by one of the following qualified
persons:
(1)
For either a new installation or an alteration or
repair, the professional engineer responsible for location.
[1]
Editor's Note: See N.J.S.A. 58:12A-1 et seq.
C.
In order to obtain a certificate of compliance, location
and design, an applicant shall submit an appropriately completed well
permit application form, together with:
(1)
A scaled plot plan at one inch equals 30 feet of the
location of the lot showing all wells, service lines, sewage disposal
systems or other potential sources of contamination within 150 feet
of the proposed or subject well.
(2)
An approved DEP well permit (yellow: Health Department
Copy DWR 133).
D.
The Board of Health shall signify its certification
and approval of the proposed location and that the proposed system
complies with the aforesaid Act and standards and this article by
the signature of its Sanitary Inspector or other duly authorized agent
on the application.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
A duly authorized representative of the Board
of Health shall make an inspection when the 50 feet of casing, and
the grouting of the annular space between the borehole and outermost
casing, is being installed, and at any other time deemed necessary
during the construction of an individual water supply system, to determine
compliance with the terms of the certificate of compliance, location
and design issued therefor. The Board of Health shall be notified
at least 48 hours prior to the commencement of the construction of
any such system. The final inspection of an individual water supply
system shall include the collection of a sufficient number of samples
for analysis to determine whether the water meets potable water standards
adopted by the DEP. A certificate of compliance, installation shall
not be issued for a water supply system failing to satisfy the potable
water standards, unless remediating measures are taken to correct
the problem. This remediation method must be approved by the Board
of Health.
A.
The Board of Health may test in any appropriate manner
any materials, construction, products or units comprising any part
of any individual water supply system in order to determine compliance
with applicable requirements of state laws and standards and provisions
of this article.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
B.
The Board of Health may take and test samples of water
from any individual water supply system whenever the Board has reason
to believe that the water supplied by such system fails to meet potable
water standards adopted by the State Department of Environmental Protection.
In the event that a sample does not meet such standards, the Board
of Health may order that the use of the individual water supply system
from which such sample was taken shall be immediately terminated.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
The Board of Health may order all further work
in and about any individual water supply system which is being constructed
or installed in violation of the DEP's Standards for the Construction
of Public Noncommunity and Nonpublic Water Systems, or in violation
of any provision of this article, to be stopped forthwith, except
such work as shall be necessary to remedy such violation, and thereafter
to continue such work without any violation of any of the provisions
of the regulations. After issuance of any 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 water supply system,
or any part thereof, no further work shall be done thereon except
as aforesaid.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
A.
Every certificate of compliance, location and design
issued pursuant to this article shall expire one year after the date
of issuance, unless prior to such time construction of the realty
improvement with respect to which the certificate was issued shall
have been commenced, in which event the certificate shall remain valid
and in effect for a period of two years from the date of issuance.
B.
The Board of Health may, in its discretion, renew a certificate which has expired under the provisions of this section. Such renewal shall be subject to the provisions of this section. A fee as provided in Chapter 410, Fees, Board of Health, shall be charged for the renewal of a certificate of compliance, location and design.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
Any person aggrieved by a denial of any certification
required by this article or by any order of the Board of Health with
respect to an individual water supply system shall be entitled to
a hearing thereon before the Board of Health within 15 days after
written request therefor is made by the person claiming to be adversely
affected. Upon such hearing or within 15 days thereafter, the Board
shall affirm, alter or rescind the previous action with written findings
and conclusions.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
The following fees shall be paid to the Township
of Harding:
A.
For filing an application and plans for a certificate of compliance, location and design for a new individual water supply system and the issuance of such certificate, a sum as provided in Chapter 410, Fees, Board of Health.
B.
For filing an application and plans for a certificate of compliance, location and design for the repair or alteration of an existing individual water supply system and the issuance of such certificate, a sum as provided in Chapter 410, Fees, Board of Health.
C.
For the issuance of a certificate of compliance, installation with respect to an individual water supply system, including a water sample report, a sum as provided in Chapter 410, Fees, Board of Health.
D.
For each reinspection of an individual water supply system, or of any part of any such system, required by failure to locate and construct or alter the system in accordance with applicable requirements, a sum as provided in Chapter 410, Fees, Board of Health.
E.
For an appearance or hearing before the Board when the applicant is seeking other relief from the Board, a sum as provided in Chapter 410, Fees, Board of Health.
F.
For filing and initial review of an application or plans for a certificate of compliance, location and design and the issuance of such certification, a sum as provided in Chapter 410, Fees, Board of Health. Additional fees will be charged for related consultations at the rate as provided in Chapter 410, Fees, Board of Health, by the Sanitary Inspector and/or according to the fee schedule of the Township Engineer in effect at the time of filing the application.
[Amended 8-10-1995 by Board of Health Ord. No. 3-95]
Any person who shall violate any provision of
the DEP's Standards for the Construction of Public Noncommunity and
Nonpublic Water Systems, any provision of this article, or any order
of the Board of Health issued pursuant thereto, shall be subject to
a fine not exceeding $1,000 for each offense and an additional penalty
of not more than $100 for each day the violation continues to exist.
