Definitions. As used in this Article, the following terms shall have
the meanings indicated:
HAZARDOUS SUBSTANCES
Any gaseous, liquid or solid materials or substances designated
as hazardous by the U.S. Environmental Protection Agency and/or the
New Jersey Department of Environmental Protection, including all elements,
compounds and petroleum products as set forth within N.J.S.A. 58:10-23b,
as amended, shall be considered hazardous substances for the purpose
of this ordinance. Sewage and sewage sludge shall be considered hazardous
substances for the purposes of this Article.
HAZARDOUS WASTE
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 Part 261, but specifically excluding
petroleum products.
REGULATED SUBSTANCES
Any substance regulated under Federal, State, or County environmental
pollution control, hazardous substance or drinking water laws or regulations.
For the purpose of this ordinance, regulated substances shall be considered
as those deleterious substances, contaminants and pollutants that
cause significant harm to human health and the environment or resulting
in the degradation of the ambient groundwater quality, and shall include
those specific substances, chemicals or compounds listed in the following
State and Federal regulations:
40 CFR Subchapter J, Part 302 — Designation,
Reportable Quantities and Notification
40 CFR Subchapter J, Part 372 — Toxic Chemical
Release Reporting; Community Right-To-Know
40 CFR Subchapter D, Part 117.3 — Determination
of Reportable Quantities for Hazardous Substances
40 CFR Subchapter D, Part 129 - Toxic Pollutant Effluent
Standards
49 CFR, Part 172.101 — Hazardous Materials
Communications Requirements and Emergency Response Information Requirements
40 CFR, Part 355 Appendix A — Emergency Planning
and Notification, List of Extremely Hazardous Substances and Their
Threshold Planning Quantities FAC Rule 5E-2 Pesticides
Additionally, regulated substances and regulated activities
shall include those, which are directly specified or exhibit the characteristics
specified in the following:
40 CFR, Subchapter D, Part 121 — National
Pollution Discharge Elimination System
40 CFR, Subchapter I, Part 261 — Identification
and Listing of Hazardous Waste
TIER 1
The area, described in plan view around a well, from which
groundwater is reasonably likely to flow to the well within two (2)
years. It extends from the well to the boundary established to represent
the two-year time of travel.
TIER 2
The area, described in plan view around a well, from which
groundwater is reasonably likely to flow to the well within five (5)
years. It extends from the perimeter of Tier 1 to the boundary representing
the five-year time of travel.
TIER 3
The area, described in plan view around a well, from which
groundwater is reasonably likely to flow to the well within twelve
(12) years. It extends from the perimeter of Tier 2 to the outer boundary
representing the twelve-year time of travel.
WELLHEAD PROTECTION AREA
The area within the corporate boundaries of the Township
of Barnegat and described in the area around the well, from which
groundwater is reasonably likely to flow and through which groundwater
pollution, if it were to occur, is reasonably likely to pose a significant
threat to the water quality of the well. The Wellhead Protection Areas
consist of three (3) tiers, corresponding to areas, on average, from
which groundwater flows to a well in two (2) years (Tier 1), five
(5) years (Tier 2), and twelve (12) years (Tier 3). These areas are
delineated by the New Jersey Geological Survey, New Jersey Department
of Environmental Protection.