[Added 3-10-2004 by Ord.
No. 04-02]
The governing body of the Borough of Pompton Lakes finds that:
A.
The groundwater underlying this municipality is a major source of
existing and future water supplies, including drinking water. The
groundwater underlying this municipality lies within the Buried Valley
Aquifer Systems of the Central Passaic River Basin, which are designated
as a "sole source" aquifer under Section 1424(e) of the federal Safe
Drinking Water Act of 1974.
B.
The groundwater aquifers are integrally connected with, are recharged
by, and flow into the surface waters, lakes and streams, which also
constitute a major source of water for drinking, commercial and industrial
needs.
C.
Accidental spills and discharges of toxic and hazardous materials
may threaten the quality of these groundwater supplies and related
water sources.
D.
Contaminated water from any source is a detriment to the health,
welfare and comfort of the residents of this municipality, and other
users of these water resources.
E.
Spills or discharges of hazardous substances or hazardous wastes
may contaminate or pollute water. As a preventive measure, the proximity
of such materials to sources of water supplies, such as public community
wells, should be restricted so that there will be sufficient time
to find and clean up such spills or discharges before water supplies
become contaminated.
The purpose of this article is to protect the public health,
safety and welfare through the protection of the groundwater resources
underlying the municipality to ensure a supply of safe and healthful
drinking water for the present and future generations of local residents,
employees and the general public in this municipality, as well as
users of these water supplies outside this municipality. Areas of
land surrounding each public community well, known as "Wellhead Protection
Areas" (WHPAs), from which contaminants may move through the ground
to be withdrawn in water taken from the well, have been delineated.
Through regulation of land use, physical facilities and other activities
within these areas, the potential for groundwater contamination can
be reduced. The purpose of the regulations contained in this article
is to prevent the migration of potential pollutants from areas within
a WHPA into groundwater that is withdrawn from a public community
well.
The Borough of Pompton Lakes is empowered to regulate these
activities under the provisions of the New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use to secure a safe and adequate drinking
water supply for its residents. The Board of Health of this municipality
has autonomous power granted by the State Legislature to develop this
article to protect public health, safety and welfare, as set forth
in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq.,
and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21
et seq.
As used in this article, the following terms shall have the
meanings indicated:
The Planning Board Engineer, Health Officer and Operations
Manager of the Pompton Lakes Borough Municipal Utilities Authority,
acting jointly and in consultation, with all of the powers delegated,
assigned, or assumed by them according to statute or ordinance.
Person applying to the Board of Health, Planning Board, Board
of Adjustment or the Construction Office proposing to engage in an
activity that is regulated by the provisions of this article, and
that would be located within a regulated Wellhead Protection Area.
A formation, group of formations, or part of a formation
that contains sufficient saturated permeable rock, sand, or gravel
which is capable of storing and transmitting usable quantities of
water to wells and springs.
These are performance or design standards established to
minimize the risk of contaminating groundwater or surface waters while
managing the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
The presence of any harmful or deleterious substances in
the water supply.
The carrying out of any construction, reconstruction, alteration
of surface or structure or change of land use or intensity of use.
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
Water contained in interconnected pores of a saturated zone
in the ground, also known as well water. A saturated zone is a volume
of ground in which the voids in the rock or soil are filled with water
at a pressure greater than atmospheric.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Act, the Spill Compensation and Control Act, N.J.S.A.
58:10-23.11 et seq., or Section 4 of the State Act. Substances listed
include petroleum, petroleum products, pesticides, solvents and other
substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et
seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
Maximum permissible level of a contaminant in water which
is delivered to any user of a public community water system.
New Jersey Department of Environmental Protection.
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
In the content of drinking water, water is polluted when
a pollutant is present in excess of a maximum contaminant level or
bacteriological limit established by law or regulation.
Activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this article, "potential pollutant sources" are defined in § 190-58.
Potential pollutant source.
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at least
twenty-five-year-round residents.
Standard industrial classification.
Any drinking water aquifer upon which more than 50% of a
population group depends and for which there is no practicable or
affordable alternate water supply, as certified by the United States
Environmental Protection Agency.
That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under § 190-56.)
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under § 190-56.)
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under § 190-56.)
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
The well borehole and appurtenant equipment.
An area described in plan view around a well, from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality of water withdrawn from
the well.
Wellhead protection area.
A.
Wellhead protection area maps:
(1)
The delineations of wellhead protection areas for public community
wells, which were published by the New Jersey Geological Survey of
the New Jersey Department of Environmental Protection, are incorporated
herein and made a part of this article. They are designated as follows:
New Jersey Wellhead Protection Areas, Edition 2, Geospatial Data Presentation,
New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description
of these data, which has been excerpted from these materials, is appended
as Appendix B.[1] The maps of the wellhead protection areas located within
the Borough of Pompton Lakes are included as part of this article,
and attached hereto as Appendix C,[2] and have the designation of "groundwater maps." They are
adopted on the date that the within article is adopted by the Mayor
and Council. Maps of the municipality on which these delineations
have been overlain shall be on file and maintained by the offices
of the Clerk of the Borough of Pompton Lakes and of the Board of Health
of the Borough of Pompton Lakes.
[1]
Editor's Note: Article X, Appendix B, NJDEP Delineations of Wellhead Protection Areas around Public Community Water Supply Wells, is included as an attachment to this chapter.
[2]
Editor's Note: Article X, Appendix C, Wellhead Protection Areas Maps, is included as an attachment to this chapter.
(2)
Wellhead protection areas, as shown on the maps described in Subsection A(1), shall be considered to supersede and control over any other established zoning district. Land in a wellhead protection area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.
B.
Assignment of restriction within wellhead protection areas: Properties
located wholly or partially within a wellhead protection area shall
be governed by the restrictions applicable to the wellhead protection
area.
C.
Inclusion of wellhead protection area zoning into Master Plan: The
municipal Master Plan provides the legal basis for zoning and land
use regulation at the local level. The technical foundation for local
wellhead protection in this municipality should be incorporated into
the Master Plan. A technical report on the need for wellhead protection
in the Borough of Pompton Lakes may be adopted as part of the Master
Plan [N.J.S.A. 40:55D-28b(11)]. The technical report should include
the following information:
(1)
A statement setting forth the rationale and need to protect the public
water supply through a program of wellhead protection for public community
wells.
(2)
Reference to the method used to delineate the wellhead protection
areas (WHPAs) according to the "tiered" level of protection for public
community wells based upon the time of travel (TOT) of groundwater,
as developed by the New Jersey Geological Survey.
A.
The administrative authority for administering the provisions of
this article shall be the Planning Board Engineer, Health Officer
and Operations Manager of the Pompton Lakes Borough Municipal Utilities
Authority, acting jointly and in consultation.
B.
Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Borough of Pompton Lakes, Article III, § 190-10 of the Borough of Pompton Lakes Zoning and Land Use Code, and which is located within a delineated WHPA, as defined in § 190-56, that involves a potential pollutant source (PPS), as defined in § 190-58, shall comply with the requirements of this article.
C.
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this article, shall file an operations and contingency plan, as required by § 190-60, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this article, shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority and by the Pompton Lakes Borough Municipal Utilities Authority. Any plan approved by the administrative authority and by the Pompton Lakes Borough Municipal Utilities Authority shall be kept on file in the office of the Borough Clerk of the Borough of Pompton Lakes and shall be available to the public for inspection.
D.
Any change in land use or activity that introduces a major or minor potential pollutant source (PPS), as defined in § 190-58, shall be prohibited within a Tier 1 WHPA.
E.
Any change in land use or activity that introduces a major PPS, as defined in § 190-58, shall be prohibited within a Tier 2 WHPA.
G.
This article is supplementary to other laws and ordinances in this
municipality. Where this article or any portion thereof imposes a
greater restriction than is imposed by other regulations, the provisions
of this article shall supersede. These rules and regulations shall
in no way affect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
The following are major and minor potential pollutant sources
(PPS) subject to the requirements of this article. This listing is
consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7
through 12.12.
A.
Major PPSs include:
(1)
Permanent storage or disposal of hazardous wastes, industrial or
municipal sludge or radioactive materials, including solid waste landfills.
(2)
Collection and transfer facilities for hazardous wastes, solid wastes
that contain hazardous materials, and radioactive materials.
(3)
Any use or activity requiring the underground storage of a hazardous
substance or waste in excess of an aggregate total of 50 gallons.
(4)
Underground fuel and chemical storage and oil tanks regulated by
NJDEP under provisions of the Underground Storage of Hazardous Substances
Act (N.J.S.A. 58:10A-21 et seq.).
(5)
Above-ground storage facility for a hazardous substance or waste
with a cumulative capacity greater than 2,000 gallons.
(6)
Any industrial treatment facility lagoon.
(7)
Any facility with an SIC Code number included under the New Jersey
Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table
II(N), with a toxicity number of II or greater. (See Appendix A.)[1]
[1]
Editor's Note: Article X, Appendix A is included as an attachment to this chapter.
(8)
Automotive service center (repair and maintenance).
(9)
Landfill.
(10)
Dry cleaning facility.
(11)
Road salt storage facility.
(12)
Cemetery.
(13)
Highway maintenance yard.
(14)
Truck, bus, locomotive, off-road vehicle usage areas and maintenance
yards.
(15)
Site for storage, maintenance or use of construction equipment
and materials.
(16)
Site for storage and maintenance of equipment and materials
for landscaping.
(17)
Livestock operation.
(18)
Quarrying and/or mining facility.
(19)
Asphalt and/or concrete manufacturing facility.
(20)
Junkyard/auto recycling and scrap metal facility.
(21)
Residential or agricultural motor fuel in NJDEP exempted underground
storage tanks (i.e., under 1,000 gallons).
B.
Minor PPSs include:
(1)
Underground storage of hazardous substance or waste of less than
50 gallons.
(2)
Underground heating oil storage tank with a capacity of less than
1,000 gallons aggregate total to one site.
(3)
Sewage treatment facility.
(4)
Sanitary sewer system, including sewer line, manhole, or pump station. (See conditions in Subsection C.)
(6)
Septic leaching field.
(7)
Facility requiring a groundwater discharge permit issued by the NJDEP
pursuant to N.J.A.C. 7:14A et seq.
(8)
Stormwater retention-recharge basin.
(11)
Waste oil collection, storage and recycling areas.
(12)
Agricultural chemical bulk storage and mixing or loading facility
including crop-dusting facilities.
(13)
Above-ground storage of hazardous substance or waste in quantities
of less than 1,000 gallons.
C.
Conditions:
(1)
Sanitary sewer lines, industrial waste lines and stormwater lines
may be located no closer than 100 feet to a regulated well, and only
if they are constructed of watertight construction (that is steel,
reinforced concrete, cast iron, PVC or other suitable material).
(2)
Manhole and/or connections to a sanitary sewer system are prohibited
within 100 feet of a regulated well.
(3)
Dry wells dedicated to roof runoff and serving residential properties
or commercial or industrial properties with SIC codes not listed in
Appendix A may be located no closer than 100 feet to a regulated well.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 190-58, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following best management practices:
A.
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors, shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
B.
Outdoor storage, dispensing, loading, manufacturing or processing
areas of hazardous substances or hazardous wastes must be protected
from precipitation, stormwater flows or flooding.
C.
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but not
be limited to:
(1)
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
(2)
Curbing.
(3)
Gutter, culverts and other drainage systems.
(4)
Weirs, booms and other barriers.
(5)
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
(6)
Drip pans.
D.
Secondary containment and/or diversionary systems, structure or equipment
must meet the following standards:
(1)
The system must block all routes by which spilled hazardous substances
could be expected to flow, migrate, or escape into the groundwater
or surface waters.
(2)
The system must have sufficient capacity to contain or divert the
largest probable single discharge that could occur within the containment
area, plus an additional capacity to compensate for any anticipated
normal accumulation of rainwater.
(3)
In order to prevent the discharge of hazardous substances into groundwater,
all components of the system shall be made of or lined with impermeable
materials sufficient to contain the substance for the duration of
a spill event. Such material or liner must be maintained in an impermeable
condition.
(4)
No manufacturing area, processing area, transfer area, dike storage
area, or other storage area, or secondary containment/diversion system
appurtenant thereto shall drain into a watercourse, or into a ditch,
sewer, pipe or storm drain that leads directly or indirectly into
a surface or subsurface disposal area, unless provision has been made
to intercept and treat any spilled hazardous substances in an NJDEP-approved
industrial wastewater treatment or pretreatment facility, or other
NJDEP-approved facility.
(5)
Catchment basins, lagoons and other containment areas that may contain
hazardous substances should not be located in a manner that would
subject them to flooding by natural waterways.
E.
Stormwater shall be managed so as to prevent contamination of groundwater,
and so as to be in accordance with applicable laws and regulations
of the State of New Jersey and of the Borough of Pompton Lakes.
A.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 190-58, that would be located either wholly or partially within any WHPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(1)
Types of PPS proposed for the site;
(2)
Types and quantities of hazardous substances or hazardous wastes
that may be used or stored on site;
(3)
Means to be employed to contain or restrict the spillage or migration
of hazardous substances or hazardous wastes from the site into groundwater;
(4)
Means to be used to contain or remediate accidental spillage of such
materials;
(5)
Means to notify administrative authority about any accidental spillage
of such materials;
B.
The administrative authority shall approve or reject any operations
and contingency plan as a prerequisite to the filing of a land use
application with the Borough Planning Board or Zoning Board of Adjustment.
C.
Any operations and contingency plan submitted shall be available
for public review and comment.
A prompt investigation shall be made by the appropriate personnel
of the Health Department of the Borough of Pompton Lakes, of any person
or entity believed to be in violation hereof. If, upon inspection,
a condition which is in violation of this article is discovered, a
civil action in the Special Part of the Superior Court, or in the
Superior Court if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process. Nothing in this article
shall be construed to preclude a municipality's right, pursuant to
N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal
Court. The violation of any section or subsection of this article
shall constitute a separate and distinct offense independent of the
violation of any other section or subsection, or of any order issued
pursuant to this article. Each day a violation continues shall be
considered a separate offense. Penalties and fines that are applicable
can be found in the Borough Zoning Ordinance, or any other section
or subsection of the Borough Ordinance. In addition, remedies may
be sought under environmental laws embodied in state statutes and
the Administrative Code. Civil penalties may be pursued pursuant to
N.J.S.A. 2A:35A-1 et seq.
This article is not meant to repeal any provisions of the Zoning
and Land Use Code of the Borough of Pompton Lakes, but to add to its
requirements, and all ordinances or parts thereof inconsistent with
the provisions of this article are repealed to the extent of such
inconsistency only.
This article shall not be construed or interpreted to limit, abridge, restrict or otherwise affect the rights and powers of the Pompton Lakes Borough Municipal Utilities Authority, a body corporate and politic organized and existing under N.J.S.A. 40:14B-1 et seq., which Authority is, except as to its right of review as set forth in § 190-57, Subsection C and in § 190-60, Subsection C, is hereby declared to be exempt from the provisions of this article. Accordingly, this article shall not be deemed to apply to present or future activities or facilities of such Authority (including, but not limited to, the existence, construction or location of storage facilities, waterlines, sanitary sewer lines, manholes or wells).
