Borough of Rocky Hill, NJ Wellhead Protection

Statement of findings. The Borough Council finds that:

The groundwater underlying the Borough is a major source of existing and future water supplies, including drinking water. The groundwater underlying the Borough lies within the Northwest New Jersey 15 Basin Aquifer Systems, designated as a "sole source" aquifer under Section 1424(e) of the federal Safe Drinking Water Act of 1974.

(2)

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.

(3)

Accidental spills and discharges of toxic and hazardous materials may threaten the quality of these groundwater supplies and related water sources.

(4)

Contaminated water from any source is a detriment to the health, welfare and safety of the residents of the Borough, and other users of these water resources.

(5)

Spills or discharges of hazardous substances or hazardous wastes may contaminate or pollute water. As a preventive measure, the proximity of stored materials to sources of water supplies, such as all public community wells and noncommunity wells that serve schools, should be restricted so that there will be sufficient time to find and clean up such spills or discharges before water supplies become contaminated.

Purpose. The purpose of this Article XI is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the Borough to ensure a supply of safe and healthful drinking water for present and future generations of local residents, employees and the general public in the Borough, as well as users of these water supplies outside the Borough. 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community well, known as wellhead protection areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated.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this Article XI is to prevent the migration of potential pollutants from areas within a WHPA into groundwater that is withdrawn from a public community well.

Definitions. Certain words, phrases, and terms in this section are defined for the purpose thereof as follows:

ADMINISTRATIVE AUTHORITY

The Planning Board (which is a joint Planning and Zoning Board pursuant to N.J.S.A. 40:55D-25c, hereinafter referred to as "Planning Board") and the Board of Health, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

APPLICANT

Person applying to the Board of Health, Planning Board, or the Construction Office proposing to engage in an activity that is regulated by the provisions of this Article XI, and that would be located within a regulated wellhead protection area.

AQUIFER

Any subsurface water-saturated zone which is significantly permeable so that it may yield sufficient quantities of water from wells or springs in order to serve as a practical source of potable water supply.

BEST MANAGEMENT PRACTICES (BMP)

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.

CONTAMINATION

Sewage, industrial wastes, organisms of the coliform group, waterborne pathogens, or harmful or objectionable material in potable water. The term "contaminated" shall be used accordingly.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mine, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

DISCHARGE

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.

GROUNDWATER

The portion of water beneath the land surface that is within the saturated zone, in which all the subsurface voids in the rock and soil are filled with water.

HAZARDOUS SUBSTANCE

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 261.

MAXIMUM CONTAMINANT LEVEL

The maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which State primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition.

NJDEP

New Jersey Department of Environmental Protection.

PERSON

Any individual, corporation, company, firm, association, joint stock company, partnership, consortium, joint venture, commercial or any other legal entity, municipality, state agency or federal agency.

POLLUTANT SOURCE (PS)

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, "pollutant sources" are defined in Subsection F.

POLLUTED WATER

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.

Pollutant source.

PUBLIC COMMUNITY WATER SYSTEM

A public water supply well which serves at least 15 serve connections used by year-round residents or regularly serves at least twenty-five-year-round residents.

PUBLIC NONCOMMUNITY WATER SYSTEM

A public water system that is not a public community water system and is either a "public nontransient noncommunity water system" or a "public transient noncommunity water system" as defined in this section.

PUBLIC TRANSIENT NONCOMMUNITY WATER SYSTEM

A public water system that is not a public community or public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.

SOLE SOURCE AQUIFER

An aquifer that contributes to more than 50% of the drinking water to a specific area and the water would be impossible to replace if the aquifer were contaminated. Sole source aquifers are defined with guidelines set forth by the U.S. Environmental Protection Agency (EPA) as authorized in Section 1424(e) of the Safe Drinking Water Act of 1974.[1]

TIER 1 WELLHEAD PROTECTION AREA

That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection D.)

TIER 2 WELLHEAD PROTECTION AREA

That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection D.)

TIER 3 WELLHEAD PROTECTION AREA

That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection D.)

TIME OF TRAVEL (TOT)

An assessment of the speed with which water moves from the land surface to a pumping well.

WELLHEAD

The well borehole and appurtenant equipment.

WELLHEAD PROTECTION AREA (WHPA)

A delineation described in plan view of the horizontal extent of groundwater captured by a well pumping at a specific rate which flows to the well within a certain time period. Each groundwater WHPA in Rocky Hill Borough contains three tiers, labeled Tier 1, Tier 2, and Tier 3. Tier 1 is a two-year time of travel; Tier 2 is a five-year time of travel; and Tier 3 is a twelve-year time of travel.

WHPA

Wellhead protection area.

[1]

Editor's Note: See 42 U.S.C. §300h-3(e).

Establishment of wellhead protection areas and maps.

(1)

Wellhead protection area maps:

(a)

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 XI. They are designated as follows: New Jersey Wellhead Protection Areas, Edition 2, Geospatial Data Presentation, New Jersey Digital Data Series, DGSO2-2, dated June 18, 2002. A description of these data and the terms and conditions of the use of these data may be found at http://www.state.nj.us/dep/njgs/whpaguide.pdf and http://www.state.nj.us/dep/njgs/geodata/dgs97-1.htm. A map of the wellhead protection areas located within the Borough of Rocky Hill is included as part of this Article XI.[2] Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the offices of the Borough Clerk of the Board of Health of the Borough of Rocky Hill.

[2]

Editor's Note: Said map is included as an attachment to this chapter.

(b)

Wellhead protection areas, as shown on the maps described in Subsection D, shall be considered to be superimposed 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 additional restriction set forth in this Article XI.

(2)

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.

Regulation of wellhead protection areas for public community wells and public noncommunity wells serving schools.

(1)

The administrative authority for administering the provisions of this Article XI shall be the Planning Board or the Board of Health of the Borough of Rocky Hill.

(2)

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[3] and other pertinent regulations of the Borough of Rocky Hill, and which is located within a delineated WHPA, as defined in Subsection D, that involves a pollutant source (PS), as defined in Subsection F, shall comply with the requirements of this Article XI.

[3]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(3)

Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this Article XI, shall file an operations and contingency plan, as required by Subsection H, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this Article XI, shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Borough Clerk, and shall be available to the public for inspection.

(4)

Any change in land use or activity that introduces a major or minor pollutant source (PS), as defined in Subsection F, shall be prohibited within a Tier 1 WHPA.

(5)

Any change in land use or activity that introduces a major PS, as defined in Subsection F, shall be prohibited within a Tier 2 WHPA.

(6)

Any change in land use or activity that involves any PS, as defined in Subsection F, within any WHPA, that is not prohibited pursuant to Subsection E(4) or E(5), shall comply with the best management practice standards, as defined in Subsection G.

(7)

This Article XI is supplementary to other laws and ordinances in the Borough. Where this Article XI or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this Article XI shall supersede. These rules and regulations shall in no way affect the limitations or requirement applicable in the underlying zoning districts of the Borough of Rocky Hill.

(8)

Groundwater sources of supply shall further be protected as follows:

(a)

Sanitary sewer lines, industrial waste lines and stormwater lines may be located no closer than 50 feet to a regulated well. Any such line within 100 feet of a regulated well shall be of completely watertight construction (i.e., steel, reinforced concrete, cast iron, PVC or other suitable material).

(b)

Manholes and/or connections to a sanitary sewer system are prohibited within 100 feet of a regulated well.

(9)

Exemptions. Land uses or activities in existence on or before the effective date of this article shall not be subject to any regulations of Article XI. This exemption shall not apply to any applicant for a change of land use or activity pursuant to Article XI.

Pollutant sources listed. The following are major and minor pollutant sources (PS) subject to the requirements of this Article XI. The listing of major and minor PS is consistent with the New Jersey Safe Drinking Water Act Regulations, N.J.A.C. 7:10 et seq.

(1)

"Major pollutant source" means any wastewater treatment plant discharge, any documented groundwater contamination, any liquid chemical or fuel storage facility with capacity greater than 2,000 gallons, any industrial treatment lagoon, any automotive service station, any landfill (open, closed or inactive), any industrial facility (including dry cleaning facilities), any salt storage facility with storage of more than 12 cubic yards of salt, any highway maintenance yard, any truck and/or bus maintenance yard, any underground fuel and chemical storage tank with a capacity of 2,000 gallons or more, any body of surface water containing salt or brackish water, any quarrying and/or mining facility, any asphalt and concrete manufacturing facility.

(2)

"Minor pollutant source" means any liquid chemical or fuel storage tank with capacity less than 2,000 gallons, any stormwater detention or retention basin, any sanitary sewer line, any sanitary sewer manhole, any sanitary sewer pump station, any sewage treatment facility, and any facility to which NJDEP has issued a discharge permit pursuant to N.J.A.C. 7:14A, New Jersey Pollutant Discharge Elimination System rules.

(3)

A minor pollutant source shall not include any of the following, provided secondary containment of sufficient volume to prevent a spill or leak from escaping the containment is provided for any storage tank:

(a)

Aboveground farm or residential tanks of 600 gallons or less capacity used for storing motor fuel for noncommercial purposes;

(b)

Aboveground farm tanks of 600 gallons or less capacity used for storing motor fuel for commercial purposes;

(c)

Aboveground tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 600 gallons or less;

(d)

Aboveground tanks with a capacity of 600 gallons or less used to store heating oil for on-site consumption in a residential building;

(e)

Septic tanks installed in compliance with regulations adopted by the department pursuant to the Realty Improvement Sewerage and Facilities Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.);

(f)

Pipelines, including gathering lines, regulated under the "Natural Gas Pipeline Safety Act of 1968," Pub. L. 90-481 (49 U.S.C. § 1671 et seq.), the Hazardous Liquid Pipeline Safety Act of 1979, Pub. L. 96-129 (49 U.S.C. § 2001 et seq.), or intrastate pipelines regulated under state law;

(g)

Surface impoundments, pits, ponds, or lagoons, operated in compliance with regulations adopted by the department pursuant to the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.);

(h)

Stormwater or wastewater collection systems operated in compliance with regulations adopted by the department pursuant to the Water Pollution Control Act;

(i)

Tanks situated in an underground area, including, but not limited to, basements and cellars, if the storage tank is situated upon or above the surface of the floor; and

(j)

Any pipes, lines, fixtures, or other equipment connected to any tank exempted from the provisions of this act pursuant to Subsection F(3)(a) through (i) of this subsection.

Best management practice performance standard. Any applicant proposing any change in land use or activity that involves any PS, as defined in Subsection F, 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:

(1)

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.

(2)

Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.

(3)

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:

(a)

Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances, for the duration of a spill event.

(b)

Curbing.

(c)

Gutter, culverts and other drainage systems.

(d)

Weirs, booms and other barriers.

(e)

Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.

(f)

Drip pans.

(4)

Secondary containment and/or diversionary systems, structure or equipment for regulated underground storage tanks must be consistent with N.J.A.C. 7:14B and must meet the following standards:

(a)

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.

(b)

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.

(c)

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 of the duration of a spill event. Such material or liner must be maintained in an impermeable condition.

(d)

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.

(e)

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.

(5)

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 the Borough of Rocky Hill.

Operations and contingency plan.

(1)

Any applicant proposing any change in land use or activity that involves any PS, as defined in Subsection F, 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:

(a)

Types of PS proposed for the site.

(b)

Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site, other than those volumes and types associated with normal household uses.

(c)

Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous waste from the site into the groundwater.

(d)

Means to be used to contain or remediate accidental spillage of such materials.

(e)

Means to notify administrative authority about any accidental spillage of such materials.

(f)

Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in Subsection G, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination.

(g)

Description of proposed use: type of use or activity; commercial (trades and services); industrial (manufacturing and processing); product produced, Standard Industrial Code (SIC) if applicable.

(h)

Description of the types of wastes generated and method of disposal, including solid wastes, hazardous wastes, sewage and non-sewage wastewater discharges.

(i)

Location of all regulated wells within 200 feet of the property line.

(j)

Description of the risks associated with the use, handling, and/or disposal of hazardous wastes.

(k)

Description of plans to detect and control hazardous material leaks and spills and plans for inspections and monitoring, emergency notification and emergency containment and cleanup procedures.

(l)

Description of best available technologies to safely store and handle any hazardous wastes and to detect releases of any hazardous materials.

(2)

The administrative authority shall review and shall approve or reject any operations and contingency plan prior to approving or denying the application for a land use change or activity.

(3)

Any operations and contingency plan submitted shall be available for public review and comment.

(4)

Nothing in this subsection shall relieve an applicant from the requirements of Article XI environmental impact statement where applicable. Any waiver that may be granted by the approving authority from the requirements of Article XI shall not include any waiver of the requirements of Article XI.

Exemptions. The following uses or activities are exempted from the requirements of Article XI:

(1)

Retail sales establishments that store and handle hazardous materials for resale in their original unopened containers.

(2)

County and state government facilities.

(3)

The use of any hazardous materials solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.

(4)

The transportation of a hazardous material through any part of a delineated WHPA, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such hazardous material.

Enforcement. A prompt investigation shall be made by the appropriate personnel of the Borough of Rocky Hill of any person or entity believed to be in violation of this Article XI. If, upon inspection, a condition which is in violation of this Article XI is discovered, a civil action may be commenced in a court of competent jurisdiction seeking the recovery of penalties or injunctive relief, or both, by the filing and serving of appropriate process. Nothing in this Article XI shall be construed to preclude the Borough's right, pursuant to any applicable statute, to initiate legal proceedings under this Article XI in Municipal Court. The violation of any section or subsection of this Article XI 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 XI. Each day a violation continues shall be considered a separate offense. Appropriate personnel of the Borough of Rocky Hill shall ensure that the provisions of Article XI are carried out in a manner which is not inconsistent with N.J.A.C. 7:14B.

Any person or entity who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following:

(1)

A fine of not less than $100 and not more than $1,250;

(2)

Imprisonment for a period of not more than 90 days; and

(3)

A period of community service not to exceed 90 days.

Restoration. In case of an accidental spill or discharge in violation of this Article XI, the person or entity responsible for the remediation and/or removal of such condition shall, at its own cost and expense, and in a manner consistent with all applicable state, county, municipal or federal laws, restore the quality of the affected groundwater to meet all safe drinking water standards.

Severability. If any section, sentence or part of this Article XI is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this article.

Nothing contained in Article XI shall prohibit 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 (MLUL), N.J.S.A. 40:55D-1 et seq., from requesting a variance for any regulation contained in the MLUL from requesting a variance for any regulation contained in Article XI pursuant to N.J.S.A. 40:55D-70c or d.