[HISTORY: Adopted by the Township Committee 9-16-2003 by Ord. No. 03-6. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 185, Water Supplies, Individual and Semipublic, adopted by the Board of Health 12-10-1974, as amended.
Basis for chapter. It has been established in previous studies of groundwater supply in Harmony Township that a safe, sustainable groundwater supply for the Township's residences and businesses is limited by the facts that:
Purpose of chapter. The purpose of this chapter is to ensure that the development of the Township occurs in a manner that offers the maximum protection of a safe and adequate water supply for existing and prospective residences and businesses. This chapter is intended:
To protect the Township's water supply for all residents;
To ensure that new wells constructed in Harmony Township will yield a sufficient rate of water which will meet accepted standards of water quality;
To ensure that the pumping of new wells does not significantly impact the performance of existing wells and effectiveness of wastewater disposal systems;
To collect data and information about the groundwater resources of Harmony Township in order to determine the potential and limits of groundwater supplies for existing and new uses; and
To ensure that prior to issuance of a certificate of occupancy (CO) or the issuance of a continuing certificate of occupancy (CCO), any well regulated hereunder providing water for human consumption to any realty improvement shall be given, at a minimum, a nitrate and bacteriological test and to assure that a copy of this analytical report shall be made available to the prospective buyer or lessee of the realty improvement.
The following standards and codes are incorporated and adopted herein by reference:
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 such fees; and prescribing penalties for violations is hereby adopted pursuant to P.L. 1950, c. 188 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein. Said code established and adopted by this chapter is described and commonly known as the "Individual and Semipublic Water Supply Code of New Jersey (1966)." Three copies of said Individual and Semipublic Water Supply Code of New Jersey (1966) 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.
The standards of the Realty Improvement and Sewerage and Facilities Act, N.J.S.A. 58:11-23 et seq., and of the Safe Drinking Water Act, NJ.S.A. 58:12A-1 et seq., and of regulations promulgated thereunder are incorporated herein by reference and shall constitute minimum standards.
In the case of conflict between the cited statutes and this chapter, the more stringent standards shall govern.
As used in this chapter, the following terms shall have the meanings indicated:
- Any physical change in a well, including without limitation, deepening, modification or removal such that there will be a change in its size, construction, configuration or installation, or an increase in the pumping capacity of the well. "Alter" shall be construed accordingly. Specifically excluded from this definition is the replacement of pumps and the installation of pitless adapters.
- AVAILABLE DRAWDOWN
- The distance between static-water level and 10 feet above the pump intake level, as measured from the same datum (e.g., top of well casing).
- Any room within a dwelling unit, furnished or unfurnished, which may reasonably be expected to provide sleeping quarters for one or more persons. The term "bedroom" shall be considered in the absence of any evidence to the contrary to include any room on the second or third floor, and any room on the first floor which has no through traffic, except those which are designed and specifically constructed to access a common living space, such as kitchens, dining, or living rooms. The term "bedroom" shall include any room or rooms within an expansion attic.
- A written statement by the Board of Health that the water supply for the realty improvement is in compliance with the New Jersey Realty Improvement and Facilities Act, N.J.S.A. 58:11-23 et seq., and the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the regulations promulgated thereunder, and the requirements of this chapter.
- CONSTANT HEAD TEST
- A pumping test of the well in question, conducted so that the water level (pumping level) remains constant over the test duration.
- CONSTANT RATE TEST
- A pumping test of the well in question, conducted so that the discharge rate remains constant over the test duration.
- CONSTRUCT A WELL
- The drilling, building, assembly or installation of a new groundwater supply system or the enlargement of any existing groundwater supply system by alteration to the existing system.
- The distance between the static water level and the declining water level in a well, due to the pumping of the subject well or a nearby well.
- The amount of drawdown on an observation well resulting from the commencement of pumpage from a nearby well.
- INTERFERENCE TEST
- A pumping test conducted to determine the interference effects on one or more selected observation wells, resulting from pumping a subject well.
- MONITOR WELL
- A well installed specifically for the purpose of groundwater resource and quality assessments (i.e., nonsupply well).
- OBSERVATION WELL
- A well utilized to obtain water level measurements (e.g., existing residential supply well).
- PEAK DEMAND LOAD
- The total volume of water, in gallons, required during each period of peak demand.
- PEAK DEMAND RATE
- The average pumping rate of water from a well, measured in gallons per minute (gpm), during peak demand periods.
- PEAK DEMAND TEST
- A pumping test conducted to determine if the subject well can supply the water needed by the realty improvement during times of peak water demand.
- PEAK DEMAND TIME
- The duration of time, in minutes, during which the peak demand rate is exerted on a well and is the peak demand load (measured in gallons) divided by the peak demand rate (measured in gpm).
- POTABLE WATER
- Any water used or intended to be used for drinking or culinary purposes.
- QUALIFIED HYDROGEOLOGICAL PROFESSIONAL
- Any person who has received a baccalaureate or post-graduate degree in hydrogeology, geohydrology, geology, engineering or soil science and has at least five years of appropriate professional experience in groundwater hydrology. Applicants submitting a well test plan and/or hydrogeologic report shall be required to submit evidence of the credentials of the associated qualified hydrogeological professional.
- REALTY IMPROVEMENT
- Any existing or proposed building or modification thereof, the useful occupancy of which requires a water supply system. Each dwelling unit in a multiple dwelling shall be construed to be a separate realty improvement.
- To fix, refurbish or replace one or more components of a water supply in a manner that will restore and preserve the original location, potability, construction and installation of the system while not increasing water supply capacity.
- REPLACEMENT WELL
- Any well intended to replace an existing well when the existing well no longer produces an acceptable quantity or quality of water. A replacement well is not a supplemental well installed to increase the water supply for a given realty improvement.
- RESIDUAL AVAILABLE DRAWDOWN
- The distance between the pumping water level in a well and 10 feet above the pump intake level for that well, as measured from the same datum (e.g., top of well casing) and measured at a specific time.
- STATIC WATER LEVEL
- The water level in the well either before or after pumping when all local pumping effects on the aquifer have dissipated and the water surface in the well is in equilibrium with atmospheric pressure.
- TEST WELL
- A well used to prove groundwater supply development viability. Said well may be constructed in a manner which allows it to be subsequently used as a groundwater supply if so approved.
- A man-made excavation that derives water from the fractures or interstices of the rocks or soils which it taps.
- WELL CONSTRUCTION
- Undertaking the activities as defined as "construct a well" hereinabove.
- WELL RECOVERY
- The flow of groundwater into a well from the aquifer following the cessation of pumping and the corresponding rise of the water level in the well.
- WELL TEST PLAN
- The plan of well testing proposed by an applicant submitted for approval by the Board of Health prior to the testing prescribed by this chapter.
- WELL YIELD
- The maximum rate at which water can be pumped for a long-term duration from a well under normal hydrological conditions.
No person shall locate, construct or alter any water supply until a license or permit for the location, construction or alteration of said water supply has been issued by the Board of Health.
The Board of Health may issue a license or 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. (See § 185-14A for fee.)
A state well permit shall be a prerequisite to the issuance of any well permit by the Board of Health under the terms of this chapter. No person shall locate, construct, replace or alter any well within Harmony Township until a permit for the location, construction or alteration of such well has been issued by the Board of Health. Repairs require well permits from the Board of Health. (See § 185-14B for fee.)
Prior to use, all new or altered wells constructed in Harmony Township must be certified and approved by the Board of Health. Certification shall be contingent upon the successful conclusion of all well testing prescribed by this chapter. All tests for which a well test plan must be approved by the Board of Health may be conducted only after such approval. All well test results must be satisfactory to the Board of Health.
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 said water supply has been located and constructed in compliance with the terms of the license or permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alteration to an existing water supply.
The Board of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement, in writing, signed by him, to the Board of Health that said water supply has been located and constructed in accordance with the terms of the license or permit and the requirements of the aforesaid code.
The requirements contained in this chapter are applicable to all new well construction and to all alterations of existing wells in all areas of Harmony Township and require application to the Board of Health for the following:
Repair or replacement of existing individual single-family dwelling wells not increasing supply capacity require only certification of potability tests in accordance with N.J.A.C. 7:10-12.30.
All applications shall be made on forms provided by the Board of Health and shall include all the data as specified by this chapter and by N.J.A.C. 7:10-12.1 et seq. and N.J.A.C. 7:9D et seq.
All applications for newer altered well systems shall include a plot plan (with an approximate scale) showing the location measured from at least two property or main structure corners, of all new wells, all preexisting wells, all existing subsurface disposal areas and all soil test points (e.g., percolation test pits) for potential subsurface disposal areas. All identified preexisting wells and existing subsurface disposal areas shall include those on adjoining properties that are located within 100 feet of the subject property. Such applications shall also include the technical specifications of all new wells as recorded in properly executed Form DWR-138, Well Record, as issued by the New Jersey Department of Environmental Protection.
The foregoing notwithstanding, the requirements of this chapter shall not apply to any new construction for which a construction permit was issued prior to the effective date of this chapter and shall not apply to subdivisions of land solely for the purpose of merger or boundary adjustment.
Existing residential realty improvements.
Capacity of well not increased. certification of repaired, altered, or replacement wells for existing residential units requires Board of Health approval of potability tests in accordance with N.J.A.C. 7:10-12.30.
Capacity of well to be increased. In addition to the potability testing required in § 185-7A(1) above, the results of peak demand tests, as required in accordance with § 185-10C of this Chapter, shall be approved by the Board of Health in those cases where the capacity of the well is to be increased.
Increase due to an increase in living space. In those cases where the capacity of the well is to be increased by less that 50%, no peak demand test shall be required. For the purposes of this calculation the following rates of demand shall be as follows:
Increase due to an increase non-living-space generated demand. In those cases where the capacity of the well is to be increased by less than 20%, no peak demand test shall be required. For the purposes of calculation of existing flows, the volumes set forth in Subsection A(2)(a) above that are to be used in determining all living-space-related demand and the actual projected demand for other uses shall be determined in a manner acceptable by the Board of Health.
Existing undeveloped lots.
No construction permit shall be issued for realty improvements proposed on an existing lot until the well to serve the lot has been certified. The well must fulfill the requirements of an approved well test plan and the pump tests described in § 185-10 of this chapter. For those lots to be developed with water uses solely for living space usage, the pump tests may be waived, provided the proposed well is located the following distance from all adjoining wells and the well is demonstrated to have a yield of at least five gallons per minute.
The following minimum separation distances from existing wells and septic systems on neighboring properties shall be utilized in the selection of locations for new residential wells intended for use at the rates indicated:
Major subdivisions and site plans.
Applications for preliminary major subdivision and preliminary site plan approval shall include the hydrogeological report specified in § 185-8, prepared by a qualified hydrogeological professional, and shall include the results of pumping tests as outlined in § 185-10 and 11. A well test plan shall be approved by the Board of Health before such tests are conducted. In connection with the well tests, the applicant shall install, as necessary, a monitor well or wells in accordance with the approved well test plan. One or more existing wells (e.g., adjoining property residential supply well) may be used as observation wells in lieu of the installation of new well for the purpose of measuring water levels, contingent upon the respective distance.
In the event that the well in question is not intended as the sole supply for the proposed major subdivision, then each additional (either supplemental or individual) well may be required by the Board of Health to be tested, as outlined in § 185-10 and 11, before the subdivision is approved. Such decision by the Board of Health will be contingent upon the lot configuration and hydrogeologic variability of the proposed subdivision.
A hydrogeologic report for the proposed developments described in § 185-7C and D shall be prepared by a qualified hydrogeological professional, provided to the Board of Health and initial homeowner, and shall include:
A discussion of the hydrogeology of the site and the environs affecting or being affected by the site, including the location of any potential fractures or faults;
The location and construction specifications for the proposed wells and subsurface disposal systems;
The location of all active or abandoned septic disposal areas and the location of all soil tests for proposed subsurface disposal areas within the subdivision boundaries;
The subject test well shall be tested, at a minimum, for nitrate and bacteria to determine existing concentrations, if any, to plan for the proper construction of the subsurface disposal system; and
A summary projection of the hydrogeological impact including nitrate and bacteria as described above, that may be caused by the proposed subdivision, and an outline of all measures that will be employed to minimize adverse impacts on the underlying aquifer(s).
As a basis for the required study, an adequate number of wells (e.g., monitor, observation) shall be utilized. The proposed number, location and depth of these wells must be indicated on a well test plan approved by the Board of Health prior to their installation.
To be considered adequate, the number and location of proposed wells shall address at a minimum each of the identified groundwater-bearing formations intended to be used as a water supply, and the possibility of interference with existing wells and wastewater disposal systems on immediately neighboring properties.
All wells constructed within Harmony Township shall conform to the regulations for the construction of nonpublic and noncommunity wells, as promulgated by the NJDEP, except that:
Well casings shall extend to a minimum of 20 feet into unweathered bedrock.
Placement of the pump shall not be less than 20 feet below the depth of the water level measured at the end of a successful peak demand test and not less than 10 feet above the bottom of the well.
No new or replacement well increasing capacity shall be certified unless it is equipped with a permanent water level access tube, installed with the permanent pump, to facilitate measurement of the water level in the well. The tube (e.g., plastic pipe, polypipe) shall extend from the rim of the well casing to, at least, the top of the pump. The internal diameter of the tube must be large enough to accommodate commonly used, electronic water level measurement probes (i.e., minimum inside diameter of one inch).
Repair or same capacity replacement wells are exempt from this requirement.
General requirements. The capability of a well to meet the peak demand and the total daily requirements of the realty improvement it serves shall be evaluated through a three-part pumping test. The well must pass the peak demand/constant rate portion of the test as required for the size and use of the realty improvement to be supported by the well. The results of the subsequently conducted, constant head portion of the pumping test shall be used to determine whether the aquifer can support the long-term needs of the realty improvement. The well recovery portion of the test provides additional data about the suitability of the well for extended use relative to the local yield of the aquifer. Observation well measurements during these tests provide interference information.
All well tests shall be conducted under the direction of a qualified hydrogeologic professional, by a well driller, or a pump installer, duly licensed under the laws of the State of New Jersey, who shall certify the results to the Board of Health. All test results shall be recorded on Harmony Township well testing report forms issued by the Board of Health.
The Board of Health reserves the right to witness all well tests. A minimum of two working days of advance notice shall be provided to the Board of Health. The Board of Health reserves the right to allot testing dates in cases of scheduling problems.
General technical requirements. The three-part well test shall be performed in one continuous operation as specified in this chapter. The well must be at its static level at the beginning of the test (i.e., the water level in the well has to have been undisturbed for at least 12 hours before testing). If pumping or the test sequence is interrupted, the test must be started over, following a minimum recovery of 90% of the pretest static water level.
Pumping rates shall be measured with either an inline water meter, or by timing the collection of a standard volume from the discharge, or by use of a circular orifice pipe. Flow rates must be adjusted by throttling an inline valve. The method used shall be identified on the Harmony Township well testing report forms issued by the Board of Health.
The pumped water must be channeled away from the well head and discharged a minimum distance of 100 feet away to minimize direct recharge of the well during the test. Water pumped during the test may be discharged to waste at a shorter distance if it is immediately routed to a moving surface water body (e.g., a stream) or a non-retention-type stormwater system of adequate capacity.
The water level in the well must be measured reliably during the test, at a minimum, to the nearest 0.1 of a foot from a fixed point (typically from the top of the well casing). Air lines may not be used for water level measurement purposes, unless previously approved by the Township.
Peak demand test.
General requirements. The peak demand test shall be a constant rate pumping test used to determine whether the well can supply the water needed by the realty improvement during times of peak water demand. The peak demand test shall demonstrate that well storage plus aquifer recharge during the peak demand time at least equals the peak load required for the realty improvement to be serviced by the well. If the results of the peak demand test are unsatisfactory, either modifications to the well characteristics or the usage characteristics of the realty improvement shall be made, or the well shall be abandoned and sealed in accordance with the requirements of N.J.A.C. 7:9D-3.1 et seq.
The well shall be pumped constantly at least at the peak demand rate for at least the peak demand time. The peak demand rate for residential use equals three gpm for each full bathroom, plus 1.5 gpm for each half bath. The peak load equals 100 gallons for each bedroom (which equals 1/2 of the daily demand volume) plus, if appropriate, the daily design application for proposed lawn irrigation systems (expressed in gallons per day), and the peak demand time equals the time required to deliver the peak load at the peak demand rate:
The peak demand rate of nonresidential use equals 2.0 gpm for each major water supply fixture (e.g., flush toilet, shower head, bathtub, dishwasher, laundry unit, water-cooled air conditioner, etc.) plus, if appropriate, the instantaneous application rate for proposed lawn irrigation systems (expressed in gallons per minute), as proposed for the served nonresidential facility; the peak load equals 1/2 of the minimum daily water requirements according to N.J,A.C. 7:10-12.7, and the peak demand time equals the time required to deliver the peak load at the peak demand rate.
The water levels shall be measured and recorded, at a minimum, once every five minutes during the test. During the test, the water (pumping) level in the well must not be drawn down at any time during the test to a depth of less than 20 feet above the pump intake. A measurement of the water level in the well shall be made immediately before initiating the subsequent constant head portion of the pumping test.
Constant head pumping test.
The constant head pumping test shall be used to determine whether the recharge from the aquifer is sufficient to meet the long-term use of the well.
For nonresidential or multiresidence realty improvements, the minimum water requirements of N.J.A.C. 7:10-12.7 govern, and each one-hundred-fifty-gallon-per-day requirement or fraction thereof shall be considered equivalent to one bedroom for the purposes of the constant head pump test. An additional well yield of 0.5 gpm shall be required for each bedroom equivalent for nonresidential use.
Test protocol. The constant head portion of the pumping test shall immediately follow the peak demand portion of the test without interruption. The discharge rate shall be throttled so that the water level measured in the subject well immediately prior to termination of the peak demand test is maintained for a minimum of four hours and a maximum of 12 hours. This level is not to vary by more than 0.5 feet. The pumping rate shall be determined at ten-minute intervals during this time. If the rate has not varied significantly by more than 0.1 gallon per minute for at least the last hour, the aquifer-to-well recharge rate shall be determined to be equal to the measured pumping rate. If the pumping rate coincident with the stabilized water level is less than the flow needed to meet the daily demand volume, then the well fails this portion of the test.
Well recovery test.
Immediately following the constant head portion of the three-part pumping test, the water level in the subject well shall be measured and recorded until it has recovered to within at least 90% of the pretest static water level, or for four hours, whichever occurs last. Water levels shall be measured once every five minutes for the first hour of recovery, and once every 30 minutes for the remaining duration.
Failure of a well to recover to within 90% of the pretest static water level within a twenty-four-hour period raises doubts about the reliability of a long-term water supply developed from the well at the utilized test rate or any greater rate. Under such conditions, the applicant shall either propose and provide technical support for the use of the well at a lower rate (possibly including the completion of a second pumping test at the lower rate), or install and test in a similar manner an alternative supply well.
New wells in proximity to existing supply wells.
For the well interference determination required by § 185-7D of this chapter, any well existing within 1,000 feet of the new well may be used as an observation well to determine well interference.
The applicant for well certification shall notify all owners of real property whose wells are located within 1,000 feet of the proposed new well of the impending well tests. This notification shall be by certified mail on forms available from the Board of Health, and at least two weeks prior to the actual tests. The owners of the closest wells (one per directional quadrant), so notified, may request monitoring of their well at the applicant's expense.
To qualify as an observation well, pumping of the proposed observation well must either be ceased for at least three hours before the beginning of, and throughout, the test sequence, or an automatic, continuous water level monitoring and recording device must be installed and remain in the well immediately prior to, and throughout, the test period.
The water levels of utilized observation wells shall be measured and recorded at least once every 1/2 hour, beginning one hour before the peak demand test and continuing until completion of the recovery portion of the pumping test of the new well.
If the drawdown in any observation well during the pumping test of the new well results in the following: A reduction of the residual available drawdown of the observation well by 20 feet or more, based on its respective peak demand operation, or a lowering of the nonpumping water level in the observation well to within 100 feet of the existing pump-intake setting or the bottom of the existing water level access tube, the well interference shall be considered significant. As such, the proposed supply well shall not be certified unless the applicant demonstrates to the satisfaction of the Board of Health that the interference can be established as to not limit the existing and future use of the observation well, or remedied or made otherwise not significant. The applicant may opt to install one or more monitor wells to use as observation wells in the event that access to supply wells at adjoining properties is denied. The locations and construction of such wells must be approved by the Township prior to installation.
Multiple well water supply systems, If the use of more than one well for provision of the water supply for a realty improvement is proposed, the number of wells must be capable of 100% redundancy for providing sufficient water supply for the realty improvement, and interference testing between all wells proposed for the system is mandatory.
In case any license or 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 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 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:
For the filing of an application and plans for a license or permit to locate and construct a water supply: $250.
For the filing of an application and plans for a license or permit to alter to increasing water supply capacity to an existing water supply: $250.
For the filing of an application and plans for a license or permit to repair or replace an existing water supply without increasing capacity: $25.
Any person or persons, firm or corporation, violating any of the provisions of or any order promulgated under this chapter shall, upon conviction hereof, pay a penalty of not more than $500, nor less than $50 for each violation. Each day a particular violation continues shall constitute a separate offense.
If any provision of this chapter or the application thereof is held by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceabiity shall not affect the other provisions of this chapter.