[HISTORY: Adopted by the Board of Health of the Borough of Kinnelon 3-17-1965
by Ord. No. 65-2 (Ch. 110 of the 1972 Code). Amendments noted
where applicable.]
A code regulating the location, construction, alteration, use and supervision
of individual and semipublic water supplies, requiring certain permits, providing
for the inspection of such supplies and the fixing of fees, and prescribing
penalties for violations is hereby adopted pursuant to Chapter 188, P.L. 1950
(N.J.S.A. 26:3-69.1 to 69.6). A copy of said code is annexed hereto and made
a part hereof without inclusion of the text thereof herein.
[Amended 10-13-2004 by BOH Ord. No. 02-04]
The said code established and adopted by this chapter is described and
commonly known as the “Safe Drinking Water Act (1977),” N.J.S.A.
58:12A-1 et seq., and the companion regulations, N.J.A.C. 7:10-1 et seq.
[Amended 10-13-2004 by BOH Ord. No. 02-04]
Three copies of the said Safe Drinking Water Act (1977), N.J.S.A. 58:12A-1
et seq., and the companion regulations, N.J.A.C. 7:10-1 et seq., 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 in said office for
use and examination by the public.
A.
No person shall locate, construct or alter any water
supply until a permit for the location, construction or alteration of said
water supply shall have been issued by the Board of Health.
B.
The Board of Health may issue a permit if an application
for the same is accompanied by a certificate made by an engineer licensed
to practice professional engineering in New Jersey, stating that the design
of the water supply as proposed is in compliance with the code.
C.
Upon issuance of said permit, the Board of Health shall
certify to the Building Inspector of the Borough of Kinnelon that the proposed
water supply system is in compliance with the provisions of the code.
D.
No person or corporation engaged in the business of constructing
water supply systems for realty improvements shall be issued a permit by the
Board of Health to construct a water supply system until said person or corporation
files with the Board of Health a performance guaranty in the amount of $2,500.
Such performance guaranty may be in the form of a performance bond which shall
be issued by a bonding or surety company and in form approved by the Board
of Health, a certified check returnable to the applicant upon full compliance,
or any other type of surety approved by the Board of Health. Such performance
guaranty shall commence on the effective date of the permit and shall terminate
one year after expiration date of the permit. Such performance guaranty shall
be conditioned upon compliance with Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1
to 26:3-69.6) of the New Jersey Statutes and any other amendments thereof.
A.
New water supplies 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 supply for water, until the Board of Health shall
have issued a certificate indicating that the said water supply has been located
and constructed in compliance with the terms of the permit issued and the
requirements of the aforesaid code.
B.
The Board of Health may issue such a certificate if a
well driller, duly licensed to drill and install wells in this state in accordance
with the provisions of this code, or an engineer, licensed to practice professional
engineering in this state, shall submit a statement in writing, in the form
of an affidavit or certification, and signed by that person, that the water
supply system has been located and constructed in accordance with the terms
of the permit issued and the requirements of this code, and if this affidavit
or certification is accompanied by a written report issued by a laboratory
approved by the State Department of Health indicating that the water issuing
from said water supply system meets the standards for potability of the Department
of Health of the State of New Jersey currently in effect, and if the affidavit
or certification is also accompanied by the well log. The well driller shall,
within 30 days of the completion of the well, file the above affidavit or
certification, laboratory report and well log with the Board of Health. Failure
to comply with these requirements may result in the suspension of the right
of the well driller to operate in the Borough of Kinnelon until there has
been full compliance with these provisions.
[Amended 6-22-1988 by Ord.
No. 88-3]
No person shall engage in the business of constructing water supply
systems for realty improvements who does not hold a license to engage in such
business issued by the State of New Jersey.
In case any permit or certification required by this chapter is denied
by the Board of Health, a hearing shall be held thereon before the Board within
15 days after the 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 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 shall be 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.
The following fees and charges are herewith established:
A.
For the filing of an application and plans for a permit
to locate and construct a water supply system for realty improvements and
for the issuance of the necessary permits and certifications, $20.
B.
For the filing of an application and plans for a permit
to alter an existing water supply system for drinking or culinary purposes
and for the issuance of the necessary permits and certifications, $7.
C.
For the issuance of a permit to a person or corporation
engaged in the business of constructing water supply systems for realty improvements,
$10.
Proposed design or construction features of the water supply different
from the provisions of the code may be approved upon submission of evidence
to the satisfaction of the administrative authority that the public health
or safety would not be affected adversely by such design or construction.
A.
Any person or persons, firm or corporation violating
any of the provisions of or any order promulgated under this chapter or the
Individual and Semipublic Water Supply Code of New Jersey (1959) made a part
hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor
more than $500 for each violation.
[Amended 4-26-1972 by Ord. No. 72-2]
B.
Each day a particular violation continues shall constitute
a separate offense.
