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.
[Adopted 9-13-2005 by Ord. No. 2005-64 (Ch. 363 of the 1990 Code)]
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:
Bacteria (total coliform) | |
Nitrates | |
Lead* | |
Mercury | |
Volatile organic compounds (VOCs) | |
Gross alpha** | |
Iron | |
Manganese | |
pH*** |
NOTES: | ||
* | For potable water supplies, lead shall not exceed the action level of 0.015 ppm established by the USEPA. | |
** | 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] | |
*** | The MCL for pH is hereby fixed at not less than 6.5 and not greater than 8.5. | |
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.