Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[1]
Editor's Note: For regulations concerning the testing of wells prior to the issuance of a Certificate of Continued Occupancy, see Chapter 14, Subsection 14-2.4.
[1967 Code § 27-1.1]
The purpose of this section is to reasonably compel the periodic testing of water wells in the Borough to monitor the quality of underground water supply and to otherwise regulate and control the installation, maintenance, retesting and closure of water wells within the Borough.
[1967 Code § 27-1.2]
As used in this section:
CERTIFIED LABORATORY
A laboratory certified by the New Jersey State Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct testing for individual hazardous contaminants.
COMPLIANCE BY OWNER
It shall be the primary responsibility of the owner of the property as shown on the Borough tax records to comply with each and every requirement of this section. However, upon failure of the owner to comply with this section, it may be enforced against the occupier of the premises or user of the well specifically involved. Nothing herein shall require the Bound Brook Board of Health to selectively enforce any provision of this section in any particular order of responsibility.
MULTI-FAMILY
Any use where three or more residential units exist.
NON-RESIDENTIAL WELL
A well which is not used exclusively to provide water for domestic purposes. A water supply system for which potable water is supplied to customers, including employees, members, guests or the public at large. Examples of non-residential water supplies include commercial offices, industrial buildings, commercial shops and retail stores, motels, hotels, trailer camps, food establishments, gasoline service stations, churches, boarding and rooming houses, club houses, camps of all types and other multi-family residences of three or more residential units.
NONPOTABLE WATER WELL
Any well that is not used for potable water purposes. Examples of nonpotable wells include water used for cooling, processing, irrigating and other similar uses.
PITLESS WELL ADAPTER
A device fabricated at the job site designed for attachment to one or more openings through a well casing and so constructed to prevent the entry of contamination into the well or potable water, conduct water from the well, protect the water from freezing or extremes of temperature and provide access to water system components within the well.
PITLESS WELL UNIT
A preassembled device which extends the upper end of the well casing to above grade, provided with a pitless well cap, and so constructed as to prevent the entry of contamination into the well or potable water, conduct water from the well, protect the water from freezing or extremes of temperature, and provide access to water system components within the well.
POTABLE WATER
Any water used for drinking or culinary purposes.
RESIDENTIAL WATER SUPPLY
A water supply used for potable or domestic purposes in a family residence.
[1967 Code § 27-2.1]
All commercial business and multi-family residential premises which have any private water well for either potable or nonpotable supply of water shall be required to test the water supply from such well in accordance with this section within 90 days. Thereafter, each commercial business and multi-family residential premises shall test the water from such wells at least once each year and submit the certified results of such testing to the Bound Brook Board of Health.
[1967 Code § 27-2.2]
Every residential building, premise or lot which has a water well for either potable or nonpotable supply of water shall be required to test the water from such well and submit the results of such test to the Bound Brook Board of Health upon any one of the following conditions or events:
a. 
Upon the transfer of any right, title or interest of the real property upon which the well is located or upon the change of occupancy of any non-multi-family residential premise. It shall be the responsibility of the seller to test upon transfer of title.
b. 
Upon order of the local Board of Health after reasonable information and belief that a potential contamination exists in the general location of the subject well. The reasonable belief may be based upon other tests performed nearby, the knowledge of chemical or toxic spills or infiltration, or upon reliable information supplied by any governmental agency.
c. 
Upon the installation, alteration or modification of any existing water well.
[1967 Code § 27-2.3]
Every water test performed or required by this section shall be completed by a certified laboratory and shall include testing for bacteriological coliform, carcinogens and volatile organic chemical compounds.
a. 
Method of testing. The laboratory technique to be used will be the purge-and-trap method. United States Environmental Protection Agency Method 601 shall be followed for organic chemical analysis. This section shall require the additional compliance of any updates or amendments to such standards to insure that state of the art methodology is being utilized in testing procedures.
b. 
Frequency of testing.
1. 
Initial testing. Within 90 days after the adoption of this section, a certified copy of the required written laboratory test results shall be furnished to the Bound Brook Board of Health by all commercial, business, nonresidential and required multi-family residential well owners.
2. 
Annual testing. Each calendar year thereafter, commencing in 1991, the required test shall be performed and a copy of the written laboratory test report shall be provided to the Bound Brook Board of Health no later than September 1st of each year.
c. 
Collection of samples. Samples shall be collected by the certified laboratory performing the testing, which shall certify the proper methodology of sampling to the Bound Brook Board of Health. The well owner shall have the option to have the water well sample collected and analyzed by the Bound Brook Board of Health but shall be charged a fee consistent with the reasonable cost of providing such services to the well owner. All costs for compliance with this section shall be paid by the well owner and/or occupant of the premises where the well is located.
d. 
Standards. All water tested under the provisions of this section shall be declared contaminated and unfit for human consumption if it exceeds current National or State drinking water standards or such other standards as adopted by the Bound Brook Board of Health or standards promulgated pursuant to N.J.S.A. 58:12A-1 et seq., "Safe Drinking Water Act".
Any private water supply shall be deemed unfit for human consumption if the concentration of any single organic chemical exceeds 50 parts per billion or if the concentration of two or more chemicals exceeds 100 parts per billion. These standards shall conform to federal and/or New Jersey State standards promulgated as a result of regulations or State or Federal law. If current standards for maximum safe levels of contaminants are changed in the future, the standards used to determine potability may be revised administratively to conform with current State or Federal guidelines. In any event, the most restrictive or conservative standards will apply. Private water supply shall conform to primary drinking water standards for metals. The coliform count shall be less than one per 100 ml. If human carcinogens are found they shall be specially noted.
e. 
Testing upon transfer. Prior to the transfer of any right, title or interest in real property upon which a well is located, it shall be the responsibility of the owner of the property to submit satisfactory and certified results under this section to the Bound Brook Board of Health. No property shall be transferred nor shall any occupancy of premises be changed without proper submission of certified test results. It is the obligation of the seller of the property to perform the testing, submit the results to the Bound Brook Board of Health, correct any unsafe condition, and to advise the purchaser of the property of the test results and corrective action taken. No Certificate of Occupancy shall be issued to any premises without compliance with this section.
1. 
This section shall apply to all properties regardless of use and all wells whether potable or nonpotable. However, in the event corrective action cannot be completed prior to the scheduled transfer of the right, title or interest to the property, a proper bond or agreement may be submitted to the Bound Brook Board of Health in a sum sufficient to insure compliance. Under no circumstances will this exception permit an extension for compliance in excess of 30 days.
[1967 Code § 27-3]
a. 
In the event any tests performed pursuant to this section, or other certified tests made known to the Bound Brook Board of Health, discloses contamination or failure to comply with safe standards for drinking water, the owner or occupant shall be required to rectify and correct the problem at their own expense within 30 days and submit new test results certifying compliance and safe drinking water within 60 days to the Bound Brook Board of Health.
1. 
Mandatory filtering. The owner or occupant may correct the contamination of unsafe water by the proper installation, maintenance, and monitoring of filtering systems designed to correct the water contamination detected. Installation of such filters shall occur within 30 days of initial testing results and the owner shall retest immediately after installation of the filters to recertify compliance with safe drinking water standards. It shall be the owner or occupant's obligation to periodically maintain the filtering system to insure proper performance of the protective devices. The owner or occupant shall thereafter retest the filtered water annually to recertify the safety of the water supply and compliance with this section.
2. 
Failure to pass tests. In the event that any water well which is being corrected through water filtering systems fails to either (a) safely test after multiple testing, within ninety-day period, or (b) fails tests for safe water standards under this section three times subsequent to the installation of such filtering system, consecutive failures or not; the Bound Brook Board of Health may be permitted to order the closure and sealing of the well and require the owner to connect to the public water supply system. Any well which fails to safely test after filtering as set forth above, shall be deemed unsafe and unreliable in the interest of public health. In the event no public water supply is available the owner shall be subject to the penalties under this section for failure to comply with its provisions and make the well safe.
b. 
Closure of well; connection to public water supply. The owner of the contaminated well may also correct the unsafe water supply by (a) closing and sealing the well pursuant to this section and (b) connecting the premises to the public water supply. In some instances, pursuant to this section, connection to the public water supply may be mandatory.
[1967 Code § 27-4]
a. 
Mandatory closure of wells. In the event that a water well, potable or nonpotable, fails to adequately test for safe drinking water pursuant to the standards adopted by this section, and the unsafe condition cannot be corrected or rectified by the installation and proper maintenance of filtering systems, or the owner or occupant fails to properly maintain and submit required testing of a filtered water system, then, the owner shall be required to close and seal the water well.
The owner of any premises or lot which the Department of Environmental Protection has declared, in writing, to the Borough of Bound Brook to have been adversely affected by hazardous substances or potentially adversely affected by hazardous substances emanating from a toxic spill or infiltration, which has upon it, for use in connection with potable or nonpotable purposes, a well or wells, the water of which either has been contaminated or is exposed to a high potential of contamination shall, when public water supply is ready and available, connect to the water supply at their own expense within 60 days of discovery of the contamination or providing of the notice of potential contamination. This section shall apply only where proper remediation by filtering is inadequate.
1. 
Closure and fill. Upon connection to the public water supply, or upon abandonment of any well within the Borough of Bound Brook, such well shall be permanently destroyed and its water producing capabilities terminated within 30 days of its closure or abandonment. The closure and capping and filling of the abandoned or unfit well shall be made by a certified well driller in conformance with State standards including, but not limited to, N.J.A.C. 7:9D-1 et seq.
b. 
Purpose. The purpose of filling and capping such wells is not only to take the subject well out of service but to also prevent the spread of any possible contaminants within the aquifer.
[1967 Code § 27-5]
a. 
Permit required. No potable water well shall be located or constructed in the Borough of Bound Brook until a permit has been issued by the Bound Brook Board of Health. This permit shall be in addition to any other permit as required by any other governmental agencies.
1. 
Permit fee. The permit fee shall be $50.
2. 
State standards to control. All potable water wells shall be constructed in strict compliance with State regulations as set forth and known as "Standards for Construction of Public Noncommunity and Nonpublic Water Systems" (N.J.A.C. 7:10-12.1 through 7:10-12.43 inclusive). Any updates or revisions of State standards to apply.
3. 
Pitless adapters or pitless units required. A pitless adapter or pitless unit shall be provided on every new potable water well constructed.
4. 
Certificate of approval. No potable water well shall be placed in service until the Bound Brook Board of Health has issued a written certificate of approval to the owner of the property.
b. 
Requirements for approval. The property owner, to obtain approval, must provide certified laboratory testing in accordance with this section and a written certification signed by the well driller indicating that the well has been constructed in compliance with all State standards. No approval shall be given until such time as all provisions of this section have been met and the Bound Brook Board of Health is satisfied that the water meets current New Jersey drinking water quality standards or guidelines.
[1967 Code § 27-6.2; Ord. No. 07-03]
Any person who violates any section or provisions of this section shall be liable, upon conviction, to the penalties stated in Chapter 1, § 1-5, with a minimum penalty of $100. An additional fine of $50 per day may be imposed for each day the owner or occupant violates this section after having been provided with 30 days' written notice of the violation. Such notice shall be sent certified and regular mail to the last known address of the property owner as reflected on the Borough's tax records or it shall be personally delivered by a representative of the Bound Brook Board of Health. The notice requirement shall apply only to the imposition of additional fines.
[1967 Code § 27-6.3]
The provisions of this section shall be enforceable by a Judge of the Municipal Court and shall be issued on summons by a Health Officer or representative of the Bound Brook Board of Health.
[Ord. No. 05-07 § 4; Ord. No. 05-14 § 1]
a. 
Definitions. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2. As used in this subsection:
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Bound Brook, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Non-domestic waste, including, but not limited to, those pollutants regulated under § 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Borough of Bound Brook or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
b. 
Prohibited conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Bound Brook any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
c. 
Enforcement. This section shall be enforced by the Police Department, the Code Enforcement Office and the Department of Health of the Borough of Bound Brook.
[Ord. No. 05-08 § 5; Ord. No. 05-14 § 1]
a. 
Definitions. As used in this subsection:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Bound Brook or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
b. 
Prohibited conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Bound Brook is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
c. 
Exceptions.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from fire fighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
d. 
Enforcement. This subsection shall be enforced by the Police Department, the Code Enforcement Office and the Department of Health of the Borough of Bound Brook.
[Ord. No. 05-07 § VIII; Ord. No. 05-08 § IX; Ord. No. 07-03]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.