[Adopted 9-16-1974 by Ord. No. 8-74; amended in its entirety 8-4-1986 by Ord. No. 1-1986[1]]
[1]
Editor's Note: The preamble to Ord. No. 1-1986 reads as follows:
STATEMENT OF LEGISLATIVE INTENT:
WHEREAS, the Dover Township Board of Health has a statutory obligation under N.J.S.A. 26:3-1 et seq. to protect the health, safety, and welfare of the residents of Dover Township; and
WHEREAS, pursuant to this authority, the Dover Township Board of Health is desirous of protecting the water supply in Dover Township; and
WHEREAS, the Ocean County Health Department in testing earlier this year determined that certain wells located in Dover Township were contaminated, which posed a threat to the public health, safety, and welfare; and
WHEREAS, the New Jersey Department of Environmental Protection has determined that certain of these wells be closed and sealed due to the serious threat to the health and welfare of the residents of the area; and
WHEREAS, the New Jersey Department of Environmental Protection has indicated and pledged that funding is available for the sealing of the affected wells and the installation of waterlines to the affected homes; and
WHEREAS, the Township of Dover will not be responsible for the funding of said well sealing and waterline installation;
NOW, THEREFORE, Be It Ordained by the Board of Health of the Township of Dover, in the County of Ocean. State of New Jersey, as follows:
A. 
The purpose of this article is to protect the health, safety and general welfare of the residents of Toms River Township who live within the area of contamination delineated by this article. This article is formulated in response to the findings and recommendations of the New Jersey Department of Environmental Protection, Division of Water Resources.
B. 
It is also the purpose of this article to protect the public water supply and prevent the contamination of the various underground aquifers or strata which may become polluted due to improper well installation; and to prevent the possibility of the use of well water within the area delineated by this article for domestic, irrigation or any other purposes. For this reason, the Toms River Township Board of Health is prohibiting any future well installations which may cause additional subsurface contamination.
The region of groundwater contamination which this article is to affect is the area located on the official Tax Map of the Township of Toms River as follows:
A. 
Areas affected.
Name of Street
Limits
Lakewood Road
From Monroe Avenue to Church Road
Church Road
From Lakewood Avenue to Old Freehold Road
Sunset Avenue
From Lakewood Road to Whitesville Road
Clayton Avenue
From Lakewood Road to Whitesville Road
Carolina Avenue
From Clayton Avenue to Sunset Avenue
Monroe Avenue
From Lakewood Road to Clayton Avenue
Webster Road
Entire length
Lena Avenue
Entire length
Fritz Drive
Entire length
B. 
Additional areas.
(1) 
Tax Map 53: Block 444, Lot No. 99.
(2) 
Tax Map 89A: Block 724-R, Lot Nos. 8, 9 and 10; Block 724-U, all lots; and Block 724-T, all lots.
(3) 
Tax Map 90: Block 1500-21, Lot Nos. 1 and 82; Block 1500-20, all lots; Block 1500-1, all lots; Block 1500-22, all lots; Block 1500-9, all lots; Block 1500-10, all lots; Block 1500-11, all lots; Block 1500-27, Lot Nos. 1, 2 and 3; Block 1500-23, all lots; Block 1500-24, all lots; Block 1500-25, all lots; and Block 1500-26, all lots.
The use of private well water, other than that provided from water mains within the contaminated area, is hereby prohibited for domestic, irrigation and any other purposes, as of the effective date of this article.
Upon the introduction of water mains and water service within the area of contamination listed in § 589-5 of this article, all private wells shall be closed and sealed under the supervision of the Toms River Township Board of Health.
Upon the introduction of water mains and water service within the area of contamination listed in § 589-5 of this article, all property owners shall connect their residential water supply to the aforesaid water mains and water service.
The Toms River Township Board of Health adopts this article based upon the specific powers granted to it by N.J.S.A. 26:3-31a and based upon the serious threat to the health and welfare of the residents of the affected area.
The penalties for violation of this article shall be a fine of not more than $500 and/or imprisonment in the County jail for a term not exceeding 30 days. Each day that a violation is permitted to exist shall be claimed a separate and distinct offense.