[HISTORY: Adopted by the Board of Health
of the Township of Chester 10-15-2014 by BOH Ord. No. 2014-1.[1] Amendments noted where
applicable.]
[1]
Editor's Note: Editor's Note: This ordinance also repealed
former Ch. 97, Water, adopted as amended in its entirety 3-9-2005.
This chapter regulating the location, construction, alteration,
use and supervision of individual and semipublic water supplies, requiring
certain permits, providing for the inspection of such supplies, the
fixing of fees and prescribing penalties for violation is hereby adopted
pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A copy of the state statutes
is incorporated by reference and made a part hereof.
This chapter established and adopted is commonly known as "Standards
for the Construction of Public Noncommunity and Nonpublic Water Systems,"
which standards are set forth in Chapter 7:10-12.1 through 7:10-12.43
of the New Jersey Administrative Code and the supplements and additions
thereto pursuant to N.J.S.A. 58:11-23 et seq. and N.J.S.A. 58:12A-1
et seq. and the amendments and supplements thereto.
Three copies of N.J.A.C. 7:10-12.1 et seq., Standards for the
Construction of Public Noncommunity and Nonpublic Water Systems, shall
be placed on file in the offices of the Secretary of the Board of
Health and the Township Clerk for use and examination by the public.
No person shall locate, construct or alter any water supply
system until a permit for the location, construction or alteration
of such water supply is issued by the Board of Health.
The Board of Health may issue a water supply permit if an application
therefor is accompanied by a certificate made by an engineer licensed
to practice professional engineering in the State of New Jersey or
a New-Jersey-State-licensed well driller stating that the design of
the water supply as proposed is in compliance with all applicable
laws. In the case of a replacement well for a building or facility
already served by an individual water supply system, a New-Jersey-licensed
well driller may make such application and certification in lieu of
an engineer.
[Amended 9-18-2019 by BOH Ord. No. 2019-01]
A.
For the filing of an application and plans for the issuance of a permit to locate and construct a new water supply system as defined in § 192-1.1, the fee shall be $200. The permit shall be valid for two years from the date of issuance, but may be renewed upon payment of an annual renewal fee of $50. No permit may be renewed more than four times.
B.
For the filing of an application and plans for the issuance of a
permit to alter an existing water supply system, the fee shall be
$50. The permit shall be valid for two years from the date of issuance,
but may be renewed upon payment of an annual renewal fee of $20. No
permit may be renewed more than four times.
C.
A reinspection fee shall be $75.
The following requirements are to be met prior to the issuance
of a well drilling permit:
A.
Payment of the required fee to the Board of Health as provided in
§ 193-6.
B.
Prior to the issuance of a well drilling permit for new construction as defined in § 192-1.1, a bond in the amount of $3,000 shall be posted with the Board of Health. The bond shall be in the form of cash, certified check, bank check, letter of credit issued by a banking institution licensed in the State of New Jersey, or a surety bond issued by an insurance company authorized to do business in the State of New Jersey. The form of the letter of credit or bond shall be subject to the prior approval of the Attorney for the Board of Health.
C.
Except for wells to be installed in the classification exception area (CEA), if a building permit is not applied for within three months of the well being drilled, the well shall be closed pursuant to New Jersey Department of Environmental Protection well closing regulations. The well shall be closed within 14 days of the end of the three-month period. If the well is not sealed within the fourteen-day period, the Board of Health may use the bond to close the well. The applicant shall be responsible for paying the Board for any closure costs that exceed the amount of the bond. Payment shall be made within 10 days of the demand for payment. Wells installed in the CEA shall conform to the requirements of and be tested as required by § 197-12 and be tested as required by § 197-14. No building permit shall be issued for a property in the CEA unless all the requirements of § 197-11 through § 197-16 have been satisfied. If a well in the CEA does not meet the standards of § 197-11 through § 197-16, the well shall be closed as provided herein.
D.
The bond shall remain in effect throughout the period a building
permit is valid. If a permit lapses or is revoked, the well shall
be closed within 14 days of such lapse or revocation date. If the
well is not sealed within 14 days of the lapse or revocation date,
the Board of Health may use the bond to close the well.
E.
The bond shall be returned within 30 days after the issuance of a
permanent certificate of occupancy by the Township of Chester.
New water supplies shall not be placed in operation, nor shall
new dwellings or buildings or additions thereto be sold or occupied
which rely on such a supply for water, until the Board of Health has
issued a certificate indicating that the water supply has been located
and constructed in compliance with the terms of the permit issued
and the requirements of this chapter. Issuance of such certificate
shall not be required for alteration to an existing water supply.
If any application for a certificate 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 is made for a hearing
by the applicant. Upon such hearing the Board of Health shall affirm,
alter or rescind its previous determination and take action accordingly
within 15 days thereafter.
The Board of Health may order all further work in and about
any water supply which is being erected or installed in violation
of this chapter 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. 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 such water supply or any part thereof, no further
work shall be done thereon except as aforesaid.
A.
The well must be staked by a land surveyor or engineer for wells
on vacant lots. The well driller may stake the well for replacement
wells.
B.
The casing of each well shall extend a minimum of 18 inches above
grade, and all pump and well installations shall include a pitless
adapter and shall be properly vented.
C.
Well caps or coverings shall be bonnet-type, heavy pattern, and Harvard
or Martinson brands are the types preferred. Other makes may be approved
by the inspector.
D.
The minimum distance between a new well for new construction as defined by § 192-1.1 and any component of a septic system shall comply with Standards for the Construction of Public Noncommunity and Nonpublic Water Systems and any amendments thereto. In the event a new well must be constructed to replace a preexisting well, in circumstances where the physical condition of the lot renders compliance with this requirement impossible, then the Board may apply the less stringent distance standards set forth in the Standards for the Construction of Public Noncommunity and Nonpublic Water Systems, provided that the applicant shows to the satisfaction of the Board that those less stringent standards can be applied with safety.
E.
All wells shall be cased to a minimum depth of 50 feet.
F.
The well water conveyance line must be located a minimum of 48 inches
below grade and must be bedded with six inches of clean sand below
and six inches of clean sand above the well water conveyance line.
G.
If an existing septic system needs to be altered or constructed within
100 feet of a substandard water supply such as a well with less than
50 feet casing, dams water from a spring, dug well, cistern, or Kelly
concretecased well, a new well must be drilled in compliance with
the Standards for the Construction of Public Noncommunity and Nonpublic
Water Systems. The old well must be properly sealed by a person who
possesses a valid New Jersey well driller's license of the proper
class as issued by the New Jersey Department of Environmental Protection
pursuant to N.J.S.A. 58:4A-4.1 et seq.
The following amendments, for the purpose of upgrading and establishing specific criteria for individual water systems to protect the health of the Township residents, are made to the Standards for the Construction of Public Noncommunity and Nonpublic Water Systems, incorporated by reference herein. This section shall apply to all new water wells, which will supply new homes and/or buildings as defined in § 192-1.1.
A.
Minimum well yields.
(1)
MAXIMUM PUMPING LEVEL
PEAK LOAD
PEAK LOAD TIME
PNEUMATIC TANK STORAGE
STATIC WATER LEVEL
WELL FLOW
WELL STORAGE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The elevation of water in a well when pumping is in progress,
which must be maintained at a minimum of 10 feet above the bottom
of a well.
The amount of water used during periods of the day when demand
is highest.
The length of time during which the peak load is to be delivered.
Volume of water stored between the minimum and maximum pressure
settings in pressure tanks with a two-hundred-twenty-gallon maximum
size.
The elevation of water in a well when no pumping is in progress.
Initial maximum sustainable pumping rate of water (well yield)
at the wellhead in gallons per minute reduced by a decremental factor
of 10%.
The volume of water stored in the well between the static
water level and the maximum pumping level.
(2)
All new water wells drilled within the Township of Chester which
are intended to be used as potable water supply for new residential
and/or commercial use shall yield not less than two gallons per minute
at the tap.
(3)
Any residential well shall produce at peak load time a well flow
and well storage which, when combined with pneumatic tank storage,
exceeds the peak load. Compliance with this requirement shall be determined
in accordance with the following formulas:
(a)
(Well flow x peak load time) + well storage + pneumatic tank
storage greater than peak load.
(b)
Well flow = 0.9 x (initial well yield).
(c)
Peak load time = 75 minutes x (number of bedrooms) divided by
three x (number of bathrooms).
(d)
Well storage = 3.14 x r2 (well depth - static water level -
10).
(e)
Peak load = 75 gallons x (number of bedrooms).
B.
The yield shall be determined through the use of a minimum four-hour
pumping test. The test shall show static level drawdown during pumping
test and recovery time to static level following cessation of pumping.
C.
The well driller/pump installer shall:
D.
The well shall be installed and pump tested before any other construction
permits are issued.
E.
The builder or property owner of new construction as defined in § 192-1.1 shall be responsible for the quality of the water produced by the individual water supply system until the issuance of a certificate of occupancy. The builder or property owner shall arrange for an initial water test in accordance with the requirements of the Private Well Testing Act, N.J.A.C. 7:9E, including the herein following parameters as soon as the water is available within the dwelling. The sample for this initial test must be raw untreated groundwater that is collected upstream of any treatment system. Prior to signing an application for a certificate of occupancy, the Department of Health of the Township of Chester shall confirm that all parameters listed are in compliance with applicable standards as indicated. Treatment systems installed to correct for parameters which fail the initial test will be required. Retesting for failing parameters after treatment will be required to ensure compliance with the specifically enumerated standards as follows:
|
Substance/Condition
|
Concentration Maximum
| |
|---|---|---|
|
Corrosivity
|
Within plus/minus 1.0 LSI units as defined by the Langelier
Index
| |
|
pH
|
Within 6.5 to 8.5 pH units
| |
|
Arsenic
|
0.01 mg/L
| |
|
Total coliform bacteria
|
0/negative
| |
|
Copper
|
1.3 mg/L action level
| |
|
Fluoride
|
2.0 mg/L
| |
|
Iron
|
0.3 mg/L
| |
|
Lead
|
0.015 mg/L action level
| |
|
Mercury
|
0.002 mg/L
| |
|
Manganese
|
0.05 mg/L
| |
|
Nitrates
|
10 mg/L
| |
|
Volatile organics
|
MCLs established under the Safe Drinking Water Act, N.J.S.A.
58:12A-1 et seq., and implementing rules, N.J.A.C. 7:10.
|
F.
When it is necessary to install a water treatment device or system
to treat the quality of water on any potable water supply system in
the Township of Chester, it shall be the obligation of the owner or
builder of said system to install the appropriate water treatment
device.
G.
The builder or owner shall provide the Health Department with the
list of water treatment devices installed on the water supply (if
applicable), and list the reasons for the installation.
H.
Wells drilled to service existing dwellings must be sampled in accordance
with the Private Well Testing Act, N.J.A.C. 7:9E, for the following
parameters: pH, arsenic, total coliform bacteria, iron, manganese,
nitrates, volatile organics, copper and lead. Compliance for those
parameters for which there is a primary standard will be required.
The Environmental Protection Agency (EPA)/New Jersey Department
of Environmental Protection (NJDEP) proposed boundaries for the existing
CEA shall include the following block and lot numbers: Block 17, Lots,
2, 3, 4, 5, 6, 7, 7.01, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 22.01, 22.02, 22.03, 22.04, 24, 25, 28, 31.01, 33, 41, 42,
43, 44, 44.01, 44.02, 45 and 50, subject to any further amendments
by the EPA/NJDEP, which amendments would thereby add additional lots
to the CEA.
A.
Anyone seeking to install a well to serve either residential or commercial
usage within the CEA as part of new construction, prior to commencing
any construction, shall provide to the Board of Health a notice of
intent, which shall include the following:
B.
Additionally, the following shall also be paid to the Board of Health
at the time a notice of intent is provided to the Board of Health:
(1)
Payment of the fee to the Board of Health as required by § 193-6.
(2)
Prior to issuance of a well drilling permit, a bond in the amount
of $3,000 shall be posted with the Board of Health. The bond shall
be in the form of cash, certified check, bank check, a letter of credit
issued by a banking institution licensed in the State of New Jersey,
or a surety bond issued by an insurance company authorized to do business
in the State of New Jersey. The form of the letter or credit or bond
shall be subject to the prior approval of the Attorney for the Board
of Health.
(3)
The Bond shall remain in effect throughout the period a building
permit is valid. If a permit lapses or is revoked, the well shall
be closed/abandoned and permanently sealed with cement grout by a
licensed New Jersey well driller within 14 days of such lapse or revocation
date. If the well is not sealed within 14 days of the lapse or revocation
date, the Board of Health may use the bond to close the well.
(4)
The bond shall be returned within 30 days of the issuance of a permanent
certificate of occupancy being issued by the Township of Chester.
A.
For each well, water tests shall be done pursuant to NJDEP testing
guideline requirements. The sample taken and testing results shall
be performed by a NJDEP certified laboratory. All quarterly water
tests shall be submitted to the Board within 60 days of being performed.
B.
The sampling parameters shall include all of the existing potable water criteria required by § 197-11 and in addition shall include testing for 1, 4-dioxane in accordance with appropriate standards and/or guidelines. The maximum contamination levels established by the EPA/NJDEP are hereby adopted as a standard for the determination of potability. Any additional parameters as set by the EPA/NJDEP will be required.
A.
Upon satisfactory review and approval of the notice of intent for
sampling, the Board of Health shall provide authorization for the
installation of the proposed well(s). The installation and construction
of the well(s) shall be performed in accordance with applicable state
and federal rules and regulations and subject to inspection and approval
by the Township-registered Environmental Health Specialist/Health
Officer.
B.
Any wells drilled are to be capped with a locking device that meets
the NJDEP criteria for well locking devices. The locking device is
to be installed at the time the well is drilled.
C.
The applicant will be responsible for monitoring and maintaining
the wells to confirm the well caps are in good order and are locked.
The Board shall have the right, but not the obligation, to have access
to the property to monitor all wells to ascertain that each well cap
is in good order and that each cap is locked.
D.
Each well cap shall be locked until a well is put into use as a potable
water supply for residential use or until the well is closed and sealed.
Failure of the applicant to cap the well(s) pursuant to the NJDEP
criteria and monitor and maintain the well caps may result in the
well or wells being ordered closed and abandoned and permanently sealed
with cement grout by a licensed New Jersey well driller.
A.
The testing must be performed by a laboratory certified and licensed
by the State of New Jersey to perform water tests, and a chain of
custody shall be provided. The applicant is to provide a written statement
identifying the depth each sample was taken below a casing and also
identify the depth of the highest level or levels of contamination
that exist.
B.
The applicant's failure to test a well or wells within the required
time frame shall result in a well or wells being closed/abandoned
and permanently sealed with cement grout by a licensed New Jersey
well driller by the applicant within 90 days of the missed testing
date. Further, if the applicant fails to close and seal the aforementioned
well or wells, the Board may do so utilizing applicant's bond for
the costs of closing and sealing. In the event that the costs of closing
and sealing exceed the bond amount previously posted, the applicant
shall reimburse the Board within 30 days of having been notified of
the additional costs.
A.
If a well does not comply with the standards of water supply systems
incident to new construction as set forth in this chapter and the
1, 4-dioxane standard, the applicant must take a fifth water sample
within the next quarter (90 days) following the fourth quarterly sample
with any necessary filtration and/or chemical treatment system such
as a point of entry treatment (POET) system. Any system shall be approved
by the Township Sanitarian prior to installation. The system is to
filter out or treat any chemical substance and to reduce the amount
of the substance to comply with the standards set forth in the Chester
Township Code and the 1, 4-dioxane standard.
B.
Failure of the fifth water sample to meet Chester Township and 1,
4-dioxane standards shall result in the well or wells being closed/abandoned
and permanently sealed with cement grout by a licensed New Jersey
well driller by the applicant within 30 days of the sixty-day requirement
of test result submission. Upon failure to close and seal the aforementioned
well or wells, the Board may do so utilizing the applicant's bond
for the cost of closing and sealing. In the event that the costs of
closing and sealing exceed the bond amount previously posted, the
applicant shall reimburse the Board within 30 days of having been
notified of the additional costs.
In addition to all other tests required, the dwelling must have
final plumbing approval before obtaining a potable water sample, which
shall be taken from the kitchen sink and analyzed by a laboratory
duly licensed by the NJDEP. A chain of custody and sample results
shall be provided. The sample must comply with the well standards.
All well permits requested in the CEA will require the requisite.
It shall be the responsibility of the homeowner and all subsequent
homeowners to advise prospective purchasers of the property of the
original water test results obtained for the certificate of occupancy.
Additionally, prospective purchasers shall also be advised of the
necessary treatment equipment required to meet appropriate drinking
water standards.
A.
With regard to any applications relating to a subdivision, site plan,
development of one or more lots, seeking Board interpretation or waiver
or modification, an escrow amount is to be paid at the time the application
is made to the Board in the amount of $1,000 to pay for the cost of
any professional services.
B.
The escrow account will be established to cover the cost of professional
services, including engineering, legal and other expenses connected
with the application. Escrow account funds not utilized in the review
process will be returned to the applicant. As invoices are received
from time to time by the Board from the professional consultants of
the Board (attorney, planner, professional engineer, traffic engineer,
and others who are employed to review the application), the Treasurer
of the municipality will immediately request the applicant, in writing,
to pay such additional funds into the escrow account as may be required
to cause the amount in the escrow account to equal the initial deposit
plus all outstanding directly related professional fee invoices. The
Treasurer will review the account at least monthly to ensure that
the escrow funds are maintained at the prescribed level. As the invoices
of the professional consultants are reviewed and approved for payment
by the Board and Council, the Treasurer will pay 100% of the approved
invoices from the escrow account. The professional consultants shall
send a copy of the invoice to the applicant.
Any person who violates any provision of this chapter shall
be subject to a fine of not more than $500 per day for each violation.
Each day's continued violation shall constitute a separate offense.
A.
Any provision of any ordinance of the Township of Chester which is
inconsistent with the provisions of this chapter is hereby repealed
to the extent of such inconsistency. If any section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining portions
of this chapter.
B.
This chapter shall take effect as provided by law.
A duly authorized representative of the Board of Health may
make inspections during the construction of an individual water supply
system to determine compliance with the terms of the certificate of
compliance, location and design issued therefore. The Board of Health
shall be notified at least 72 hours prior to the commencement of the
construction of any such system.
