[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:
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.
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.
Any use where three or more residential units exist.
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.
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.
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.
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.
Any water used for drinking or culinary purposes.
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.Â
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.Â
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.Â
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.Â
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.Â
Frequency of testing.
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Permit fee. The permit fee shall be $50.
2.Â
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.Â
Pitless adapters or pitless units required. A pitless adapter or
pitless unit shall be provided on every new potable water well constructed.
4.Â
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.Â
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.Â
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NON-CONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
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:
Waste and wastewater from humans or household operations.
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.
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)).
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.
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
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.
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.Â
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.Â
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.Â
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
Definitions. As used in this subsection:
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
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.Â
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.Â
Exceptions.
1.Â
Water line flushing and discharges from potable water sources.
2.Â
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
3.Â
Air conditioning condensate (excluding contact and non-contact cooling
water).
4.Â
Irrigation water (including landscape and lawn watering runoff).
5.Â
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
6.Â
Residential car washing water, and residential swimming pool discharges.
7.Â
Sidewalk, driveway and street wash water.
8.Â
Flows from fire fighting activities.
9.Â
Flows from rinsing of the following equipment with clean water:
(a)Â
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)Â
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.Â
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.
