[Adopted 9-13-2005 by Ord. No. 2005-64 (Ch. 363 of the 1990 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any domestic/public noncommunity or nonpublic water supply
well as specified in N.J.A.C. 7:10-12.
A.
No person shall locate, construct or alter any well
within the City of Vineland until a permit for the location, construction
or alteration of said well has been issued by the City of Vineland
Health Department.
B.
The Health Department may issue a permit for the location,
construction or alteration of a well, subject to the following conditions:
(1)
A completed application is submitted to the Health
Department by a well driller, licensed by the New Jersey State Well
Driller Examining and Advisory Board, and has been prepared in compliance
with N.J.A.C. 7:10-12.1 et seq., as amended.
C.
All permits shall expire 24 months after issuance
unless a valid building permit has been issued and authorized work
has commenced.
The issuance of a permit shall be denied if:
A.
The application or design plan submitted for the location,
construction or alteration of a well is incomplete or does not comply
with N.J.A.C. 7:10-12.1 et seq., as amended. In the event that an
application or design plan submitted is deemed incomplete, the Health
Department shall advise the applicant in writing of any and all deficiencies.
B.
A public community water supply system is presently
available to serve the property upon which a well is proposed to be
located and constructed, except where the well is intended to be used
as a nonpotable water supply and is identified as such.
A.
No well shall be placed into operation or used until the Health Department issues a final approval indicating that said well has been located, constructed, repaired or altered in compliance with the approved design plan and permit issued, and the laboratory analysis of a water sample collected, by a lab technician, and analyzed by an NJDEP-certified laboratory has been received and found to be in compliance with the parameters identified in § 710-17 of this article.
B.
For new wells, excluding replacement wells, occupancy of any building shall not be permitted until the water supply has been inspected and approved and the water tested and certified to meet the maximum contaminant levels (MCL) for the parameters listed in § 710-17 of this article.
A.
Before a final certification and operation of an approved private water supply, the person owning the lot upon which a new or replacement well is located and constructed shall have a sample of the well water collected, by a laboratory technician, and analyzed by a laboratory certified by the NJDEP pursuant to N.J.A.C. 7:18-1.1 et seq. for the individual contaminants set forth in § 710-17 of this article. The water sample shall be collected within 30 days from the date of the final well inspection and shall be of the raw/untreated water supply and taken as close to the pumping well as possible. The results of said laboratory analysis shall be forwarded directly by the applicant, property owner or laboratory (with applicant/owner's approval) to the Health Department.
B.
The following nonpotable water supply wells shall be exempt from sampling and analysis requirements established under §§ 710-17 and 710-18 of this section:
(1)
Any nonpotable well, the pumps and lines of which
do not enter a building, crawl space or garage and are directly connected
to a sprinkler system manifold.
(2)
Geothermal groundwater heat pump wells that are constructed
and installed as totally enclosed systems and are incapable of being
used as a potable water supply.
(3)
Fire protection wells as defined in the State Uniform
Construction Code, N.J.A.C. 5:23-1.1 et seq., which are incapable
of being used as potable water supply.
A.
The water sample collected under § 710-16 of this article shall be taken from each approved private water supply and analyzed by a NJDEP-certified laboratory pursuant to N.J.A.C. 7:18-1.1 et seq., for those contaminants listed below, to determine whether any of the following contaminants are present in amounts which exceed the MCL established under N.J.S.A. 58:12A-1 et seq. (Safe Water Drinking Act), as amended, and the regulations for the same. For new wells, excluding replacement wells, occupancy of any building shall not be permitted until the water supply has been inspected and approved, and the water tested and certified to the MCL for bacteria, nitrate, lead, mercury, volatile organic compounds, forty-eight-hour gross alpha, iron, manganese, and pH (6.5 to 8.5). For replacement wells, the water should not be consumed until it has been tested and certified to meet the MCL for the above parameter, except for forty-eight-hour gross alpha. The following list of contaminants may be amended from time to time as deemed necessary by the Health Department:
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Bacteria (total coliform)
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Nitrates
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Lead*
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Mercury
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Volatile organic compounds (VOCs)
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Gross alpha**
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Iron
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Manganese
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pH***
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NOTES:
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*
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For potable water supplies, lead shall not exceed
the action level of 0.015 ppm established by the USEPA.
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**
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A forty-eight-hour rapid gross alpha test shall
be required on all wells tested under the Private Well Testing Act
(N.J.S.A. 58:12A-26 et seq.) and any new wells located and constructed.[1]
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***
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The MCL for pH is hereby fixed at not less than
6.5 and not greater than 8.5.
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B.
All water samples shall be collected, tested and analyzed in accordance with criteria and procedures established by the NJDEP in N.J.A.C. 7:18-2.1 et seq. Upon request by the Health Department, the laboratory submitting the test results shall submit proof that it is certified by the NJDEP pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct the tests necessary to determine the presence of the contaminants and substances set forth in Subsection A of this section.
C.
The applicant (or property owner) shall submit the
results of the analysis directly to the Health Department, along with
the following information:
(1)
The block and lot number on which the well is located.
(2)
The name and mailing address of all persons owning
the property upon which the well is located.
(3)
The laboratory employee or the laboratory's authorized
representative who physically collected the sample from the well.
(4)
The date and time that the well sample was collected.
(5)
The specific point of collection of the water sample.
(6)
The date and time the sample was analyzed by the laboratory.
The City of Vineland may order a well capped
and sealed in accordance with N.J.A.C. 7:9 et seq. for any of the
following reasons:
A.
Any well which is determined to be polluted or detrimental
to the public health.
B.
Any well which has been constructed, altered or repaired without obtaining a permit as set forth in § 710-13 of this article.
C.
Any well which has been found to be out of compliance
with N.J.A.C. 7:10-12.1 et seq., as amended and supplemented from
time to time, and the requirements and standards set forth in this
article.
D.
Any nonproductive well or any private water supply
which has been replaced under an emergency replacement permit.
The owner or authorized agent of the property
upon which an approved new or replacement private water system has
been located must notify the Health Department at least 24 hours prior
to any construction, alteration or repairs to a new or existing potable
well. Failure to do so is grounds for denial of a final approval or
the ordering of the capping and sealing of the well.
In addition to the fines and penalties set forth
above, in case of any unlawful acts, the Code Official shall institute
an appropriate action or proceeding at law for the purpose of ordering
that person to:
A.
Restrain, correct or remove the violation or refrain
from any further execution of work;
B.
Restrain or correct the erection, installation, maintenance,
repair or alteration of such structure;
C.
Require the removal of work in violation; or
D.
Prevent the occupancy of the structure that is not
in compliance with the provisions of this article.
