[Adopted 3-17-1999 by Ord. No. BH:99-01[1]]
[1]
Editor's Note: This article also superseded
Ord. No. BH:98-03, adopted 3-17-1999, which adopted provisions on
the use of nonpublic water supplies.
A.Â
As used in this article, words and terms shall have
the meanings established in the potable water standards of the New
Jersey Safe Drinking Water Act (N.J.S.A. 58:12A-1, et seq., hereinafter
referred to as the "Safe Drinking Water Act") and the regulations
promulgated pursuant to the authority thereof (N.J.A.C. 7:101.1, et
seq., hereinafter referred to as the "Safe Drinking Water Act Regulations").
B.Â
ADMINISTRATIVE AUTHORITY
AUTHORIZED REPRESENTATIVE
NONPUBLIC WATER SUPPLY SYSTEM
OWNER
POTABLE WATER
As used in this article, the following terms shall
have the meanings indicated:
The Readington Township Board of Health.
A licensed health officer, registered environmental health
specialist, or professional engineer appointed by the administrative
authority to represent it.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
A water system that is not a public water system. A nonpublic
water system includes any water system providing potable water to
individual dwellings and any water system regularly serving fewer
than 15 service connections or 25 individuals.
An owner of the property involved or his/her authorized representative.
Drinking water for human consumption.
A.Â
The requirements of this article shall pertain to
all nonpublic water systems in the Township of Readington, whether
the property served thereby is used for residential, commercial, agricultural
or industrial purposes.
B.Â
No person may drill, construct or replace a well unless
such person has obtained a well permit from the NJDEP.
C.Â
The requirements of this article are in addition to
and not in lieu of the applicable federal and state laws and regulations.
In the event that any present or future federal or state law or regulation
imposes standards more stringent than the requirements of this article,
the more stringent standards shall govern.
A.Â
No building permit shall be issued for any property,
which is to utilize a nonpublic water system for its potable water
supply, until and unless the owner has obtained the certification
required by this article and the same remains valid.
B.Â
No certificate of occupancy shall be issued for any
property, which utilizes or is to utilize a nonpublic water system
for its potable water supply, until and unless the owner has obtained
the certification required by this article and the same remains valid.
C.Â
There shall be no transfer of title to newly improved
real property (new construction) which utilizes or is to utilize a
nonpublic water system for its potable water supply, until and unless
the owner has obtained the certification required by this article
and the same remains valid.
D.Â
No subdivision or site plan certification shall be
issued by the administrative authority for a property which utilizes
or is to utilize a nonpublic water system for its potable water supply,
until and unless the owner has obtained the certification required
by this article and the same remains valid.
A.Â
The certification required by this article shall certify
that the water supply system is in compliance with the provisions
of the Realty Improvement Sewerage and Facilities Act as revised (N.J.S.A.
58:11-23, et seq.) and the standards for construction referred to
therein, the Safe Drinking Water Act, the regulations promulgated
thereunder, and this article.
Applications for certifications shall be accompanied
by:
A.Â
Before the administrative authority shall issue a
certification under this article, the owner of the property in question
shall have the water of each well for which certification is requested
collected, tested and analyzed by a laboratory duly certified by the
NJDEP for testing under the Safe Drinking Water Act. In order to be
acceptable under this article, all reports of laboratory testing shall
be forwarded directly by the laboratory to the administrative authority.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
B.Â
All sample collection, testing and analysis shall
be in accordance with the criteria and procedures established by NJDEP
regulations. All tests for yield and volume shall be reported on the
well record form provided by NJDEP with the issued well permit.
C.Â
All reports of testing shall set forth the chain-of-custody
of the samples tested and shall provide the following information:
(1)Â
The lot and block number upon which the well is located
and the reason for the sample;
(2)Â
The name and address of all persons owning the property
upon which the well is located;
(3)Â
The laboratory employee or the laboratory's authorized
representative who physically collected the sample from the well;
(4)Â
The date and time that the water sample was collected;
(5)Â
The specific point of collection of the water sample;
(6)Â
The date and time the sample was analyzed by the laboratory;
and
(7)Â
A description of the tests taken and a certification
of the results of such testing,
D.Â
Maximum contaminant levels.
(1)Â
In order to be acceptable for purposes of the issuance
of a certification by the administrative authority, the water must
meet the physical and chemical quality requirements and the bacteriological
quality requirements, which follow:
Test Name
|
Maximum Contaminant Levels
| ||
---|---|---|---|
Conform
|
0
| ||
Chem
|
5
| ||
pH
|
65 – 8.5
| ||
Nitrate
|
10 ppm
| ||
Iron
|
0.3 ppm
| ||
Manganese
|
.05 ppm
| ||
Hardness
|
50 – 250 mg/l
| ||
Volatile organics scan
|
See Appendices A, B and C, infra
|
(2)Â
The administrative authority may require the owner
to provide treatment of the water when the water supply does not meet
any of the maximum contaminant levels specified in the State Primary
Drinking Water Regulations, or when the exceedance of one or more
standards in the State Secondary Drinking Water Regulations causes
adverse effects on the consumers of that system's water.
(3)Â
For convenience of reference and for informational
purposes, the following regulations are set forth in appendices hereto,
as follows:[1]
(a)Â
Appendix A-1, Federal and NJ State Primary Drinking
Water Standards.
(b)Â
Appendix A-2, Federal and NJ State Primary Drinking
Water Standards and Secondary Standards.
(c)Â
Appendix B, National Primary Drinking Water
Regulations.
(d)Â
Appendix C, N.J.A.C. 7:10-5.2, Discretionary
Changes to National Regulations.
(e)Â
Appendix D, N.J.A.C. 7:10-12.6, Water Volume
Requirements.
(f)Â
Appendix E, Regulations for Pump Testing.
[1]
Editor's Note: The appendices are on file
in the Township offices.
E.Â
The number of test wells to be installed on a property
to be subdivided shall be based upon anticipated water demand, characteristics
of the aquifer, dependability of yield, water quality, and any pollutant,
sources within the area of capture of the wells, but not numbering
less than one test well for each 10 acres or fraction thereof (with
a maximum of one test per lot or proposed lot).
F.Â
In the event that a laboratory analysis of a water
sample collected from any well reveals the presence of any contaminant
exceeding the maximum contaminant levels referred to in the aforesaid
regulations, the well shall be treated and/or remediated to eliminate
the contamination condition, to the maximum extent practicable.
G.Â
If any of the test wells are found to be not in compliance
with the aforesaid potability standards or water volume or yield requirements,
the administrative authority shall deny certification of the lot or
proposed lot on which the tests were performed, until the condition
is remediated further testing proves to be successful, or a public
water supply becomes available.
H.Â
The administrative authority shall have the right
to order any new well, which does not meet the water volume or potability
standards as required by this article, for which treatment and/or
remediation is not practicable, abandoned and sealed according to
law. In such cases the construction of a building upon or occupancy
of such premises will be prohibited until such standards are met by
another well on the premises, or a public water supply becomes available.
I.Â
The administrative authority shall at all times have
the right to order such additional testing as may be necessary to
effectuate the standards of this article and the regulations set forth
herein.
J.Â
The cost of all testing required by the administrative
authority or by this article shall be borne solely by the owner or
occupant of the property in question and not by the administrative
authority.
For major subdivision, in addition to the testing
and reporting requirements of § 277-25 hereof, pump testing
shall be performed as follows:
A.Â
One pump test shall be performed for each major subdivision.
B.Â
Pump testing, sampling and recording shall be performed
in accordance with the standards for the construction and development
of groundwater sources set forth at N.J.A.C. 7:10-11.7(k), which are
hereby made applicable to major subdivisions involving the use of
wells. A copy of this regulation is attached hereto as Exhibit E.[1]
[1]
Editor's Note: Exhibit E is on file in the
Township offices.
The administrative authority shall have the
power to make or cause to be made such inspections and tests as may
be necessary to carry out the purposes of this article, and its authorized
representatives shall at all times have the right to present proper
identification and then enter upon lands upon which there is located
a well or individual sewage disposal system for the purpose of inspecting
and/or testing the same.
The source of potable water for a nonpublic
water system shall be solely from wells. The use of springs, cisterns,
or surface waters shall not be accepted as a source of potable water.
In case any permit or certification required
by this article is denied by the administrative authority, or in case
the administrative authority issues an order to close a well, a hearing
shall be held thereon before the administrative authority within 15
days after request therefor is made by the applicant in writing, and
upon such hearing, the administrative authority shall affirm, alter
or rescind its previous determination and take action accordingly
within 15 days after the date of such hearing.
The administrative authority may order all work
in and about any nonpublic water system which is being erected, installed
or altered in violation of the law, regulations, or this article,
to be stopped forthwith, except such work as shall be determined by
the administrative authority to be necessary to remedy such violation.
After issuance of any such stop-work order and the service of a copy
thereof upon any person connected with or working in or about the
erection or installation of any such nonpublic water system, or any
part thereof, no further work shall be done thereon except in strict
compliance with all laws, regulations and ordinances.
Any person or persons, firm or corporation violating
any of the provisions of this article or any order promulgated under
this article shall, upon conviction thereof, pay a penalty of not
less than $200 for each offense and an additional penalty of $25 for
each day of continuance of the violation after notice of the violation
shall have been given to such person or persons, firm or corporation
by the administrative authority, to be collected and enforced by summary
proceedings for the collection of penalties pursuant to the New Jersey
Penalty Enforcement Law.[1] Such notice shall be given by: serving a copy thereof
on the property owner as shown on the current tax map or his agent
in charge of the property; or mailing a copy thereof by certified
mail, return receipt requested, to the property owner at his address
as shown on said tax map.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.