SECTION BH:4-5: Limitation Upon Use of Individual Water Supply Systems and Standards Governing the Closure and Maintenance of Abandoned Wells and Irrigation Wells
[Ord. #BH:77, 2-16-2006, added]
§ BH:4-5.1 Limitations established; exceptions; standards for closure and maintenance; violations and penalties.
No individual water supply system shall be constructed upon a property for which service is available for a public water supply system approved by the New Jersey Department of Environmental Protection, except as provided herein. Public water system service shall be considered to be available to a property if the property is located within the franchise area of a public water supply and any portion of the property or right-of-access of a property is within 100 feet of an existing water service line of the system, provided, however, that the public water system service shall not be considered to be available unless connection can be legally made and can be accomplished without blasting bedrock, without the need for the acquisition of an easement or right-of-way across adjoining property and without crossing a watercourse, major highway or other significant obstacle.
Notwithstanding the provisions of Paragraph a. above, a person may maintain a well that is not part of an individual water supply system, i.e., for irrigation, recreation and nonpotable purposes, provided that the existing well shall be configured such that the casing thereof is above grade by a minimum of 12 inches and capped according to code within six months of the date of connection of the property to the public water supply system. All such wells must also comply with the minimum separation distances from underground sanitary disposal systems, dry wells, adjoining sanitary disposal systems and adjoining wells. In the case of the construction of a newly permitted well to be used for nonpotable water supply, any such well must comply with all local regulations governing water quality and the separation requirements between the subject well and sanitary disposal systems, dry wells, adjoining sanitary disposal systems and adjoining wells.
Abandonment of wells.
All wells that are taken out of service must be decommissioned in accordance with N.J.A.C. 7:9D-3.1 et seq. by a New Jersey licensed well driller within 30 days of the disconnection.
The well is considered to be out of service if a new on-site well or connection of a public water supply system has been installed as a replacement water supply, except as provided in Paragraph b. above.
The well driller shall submit a completed New Jersey Department of Environmental Protection Well Abandonment Report after sealing the well.
The well sealer shall provide twenty-four-hour notification to the Board of Health prior to sealing the well.
A person failing to comply with the terms and conditions of this section shall be subject to the penalties set forth in section BH:1-5, unless such person shall, within 30 days of receipt of written notice from the Board of Health of the Township of Bernards, cause such well to be properly abandoned in compliance with all applicable state standards.
Any person, individual or entity who shall be required to abandon an individual water supply system within the Township of Bernards or who shall desire to maintain an individual water supply system in the Township of Bernards which system shall not be used for potable water supply shall make application to the Board of Health of the Township of Bernards on a form furnished by the Board of Health for such purpose and shall, at the time of said application, pay the sum of $75 to the Township of Bernards to cover the costs of application and inspection. The failure to make application and pay the required fee within the required time frames set forth in Paragraphs b, c and d above shall constitute a violation of this Section pursuant to Paragraph d.