[Ord. #72-83, S 1]
As used in this chapter:
AUTHORIZED AGENT
Shall mean a licensed health officer, professional engineer, sanitary inspector, plumbing inspector, plumbing sub-code official, or licensed well driller, or any other qualified and licensed person who is delegated to act within specified limits as the agent of the Board of Health.
BOARD OF HEALTH
Shall mean the Board of Health of the Township of Montgomery.
CLOSED LOOP WELL
Shall mean a well into which tubing or piping is placed through which tubing or piping, liquids are circulated for the purpose of heat exchange and providing heating or cooling to a realty improvement. No water or other fluid is derived from or returned to the ground in a closed loop well. Closed loop wells are also known as geo-thermal wells.
HEAT PUMP WELL
Shall mean a well having as its principal function the withdrawal or emplacement of fluids, including but not limited to water, and/or tubing or piping of any kind whatsoever for the purpose of providing heat and/or cooling to a realty improvement. Heat pump wells include heating/cooling systems by which water is derived from a production well, circulated through the realty improvement and returned to the ground through a return system as well as closed loop wells.
PRODUCTION WELL
Shall mean a well from which water is derived from the ground for use in a heating or cooling system for a realty improvement.
REALTY IMPROVEMENT
Shall mean any residence or other building the useful occupancy of which shall require the installation of a heating and/or cooling system.
RETURN WELL
Shall mean a well into which water that has previously been withdrawn from the ground for use in a heating or cooling system is returned to the ground.
WELL
Shall mean a bored, drilled or driven shaft or dug hole in the ground having a depth greater than its largest surface dimension.
[Ord. #72-83, S 2]
It is found and declared that:
a. 
Heat pump wells constitute an innovative and energy-efficient means of providing heat and cooling to housing and buildings and their use in the Township of Montgomery and other municipalities in New Jersey is growing in popularity.
b. 
The construction and use of heat pump wells may have an effect upon the ground water supply in that deleterious materials could be injected into the ground water supply through the emplacement of tubing, installation of the well, drilling or chemicals contained in the heat pump well and necessary for the operation of the heat pump well.
c. 
In instances where the tubing for the heat pump well is encased in concrete, the emplacement of concrete in the ground could affect the water supply of nearby houses and buildings.
d. 
It is determined to be in the interest of public health, safety and welfare to regulate pursuant to N.J.S.A. 26:3-31a and other authority the location, construction and use of heat pump wells and to protect against their construction and installation in a haphazard manner so as not to affect the ground water supply.
[Ord. #72-83, S 3]
No person shall locate, construct, or alter a heat pump well until a permit for the location, construction or alteration of the heat pump well shall have been issued by the Board of Health or its duly authorized agent. Applications for permit to locate, construct or alter heat pump wells shall be made on forms supplied by the Board of Health and shall be reviewed by the Authorized Agent. The following materials shall accompany the application: A sketch of the property in the case of a single realty improvement, or a plot plan in the case of a subdivision containing multiple realty improvements for which heat pump wells will be used drawn to suitable scale and with sufficient detail to permit examination and comprehension of the proposed project. Locations of all wells, service lines, sewage disposal systems, and other potential sources of contamination within 150 feet of any proposed heat pump well shall be shown on the individual sketch of the property. In the case of plot plans the locations of municipal boundaries, roads, streams, sanitary sewers, storm water sewers and drainage channels, test wells, well fields, all existing and proposed water supply and sewage disposal facilities shall be shown together with the locations of all service lines and potential sources of contamination within 150 feet of each proposed well. Topography by elevations, contours or other suitable methods shall be shown.
[Ord. #72-83, S 4]
No person shall place into operation a new heat pump well, nor shall a new realty improvement which must rely on a heat pump well be sold or occupied, until the Board of Health shall have accepted a certificate certifying that the heat pump well is in compliance with the terms of the permit issued as aforesaid and in compliance with the standards adopted in this chapter. This section shall also apply to the alteration of an existing heat pump well. The Board of Health may accept such certificate of compliance if a licensed well driller of the State of New Jersey submits a statement in writing, signed by such licensee to the Board of Health certifying that the heat pump well has been located, constructed or altered in accordance with the terms of the aforesaid permit and standards of this chapter.
[Ord. #72-83, S 5]
In case any permit is denied or certificate of compliance not accepted by the Board of Health, a hearing shall be held concerning such denial or non-acceptance before the Board of Health within 15 days after request therefore has been made by the applicant or aggrieved party and upon such hearing, the Board of Health shall affirm, alter or rescind the determination under consideration, stating for the record the supporting reasons for any such action.
[Ord. #72-83, S 6]
a. 
The following sections of "Standards for the Construction of Public Non-Community and Non-Public Water Systems," N.J.A.C. 7:10-3.10 et seq., commonly referred to as "Chapter 199", and specifically adopted by the Board of Health in Ordinance #56-78 on October 11, 1978 shall apply with equal force to the construction of heat pump wells, except that any reference in the following sections to "Department" shall be construed herein as reference to the Board of Health.
S7:10-3.36 (pruning systems)
S7:10-3.33b (duplicate wells)
S7:10-3.52a, b, c, d, e and g (general construction requirements for wells)
S7:10-3.53 (well casings)
S7:10-3.54 (well screens)
S7:10-3.55a, b and c(2), c(3) and c(4) (grouting of annular space)
S7:10-3.56 (well head)
S7:10-3.57a(1), a(2), a(3), a(4), b, c (pitless well installation)
S7:10-3.58 (records)
S7:10-3.70 (design of pumping equipment)
S7:10-3.71 (location of pumping equipment)
S7:10-3.72 (pump controls)
S7:10-3.73 (pump down control)
Three copies of "Standards for the Construction of Public Non-Community and Non-Public Water Systems," with marking made therein to plainly indicate the portions thereof herein incorporate have been placed on file in the Office of the Secretary of the Board of Health of the Township upon the introduction of this chapter, and will remain on file in that office for the use and examination by the public.
b. 
Standards Applicable to All Heat Pump Wells.
1. 
Because the use of closed loop wells results in no depletion of the aquifers and a lesser likelihood of introduction of contaminants into ground water, except where site constraints would make the construction of closed loop wells highly impractical and reasonable proof of that fact is submitted to the Board of Health, only closed loop wells shall be constructed, altered or located in the Township and production/return heat pump wells shall not be allowed. Notwithstanding possible site constraints, where local groundwater contamination is known to exist or reasonably suspected of existing or where local aquifers will not supply an adequate source of water for production/return heat pump wells, only closed loop wells shall be allowed.
2. 
The minimum diameter of any heat pump well will be six inches.
3. 
A minimum of 50 feet of well casing shall be required for all heat pump wells.
4. 
Heat pump wells shall be equipped with an automatic shut-off device to protect against leaks occurring in the refrigeration system.
5. 
The Board of Health or authorized agent may require monitoring wells where there exists a reasonable possibility that the proposed heat pump well system may (a) cause pollution to ground water or (b) lower ground water levels or interrupt ground water flow so as to cause a loss of water supply in other nearby water- producing wells, be they heat pump wells or potable water wells.
c. 
Distance of Heat Pump Wells From Other Wells, Sources of Contamination, and Existing Building Foundations.
1. 
The minimum distance between a production well and a return well shall be 75 feet. The minimum distance between production and return well and other wells, except closed loop wells and dry wells, of any kind whatsoever shall be 75 feet. The minimum distance between closed loop wells and other wells, except dry wells, or any kind whatsoever, shall be 15 feet. Distances of heat pump wells from other possible sources of contamination shall be in accordance with, but not limited to, the following table:
Component
Building Sewer
Septic Tank
Distribution Box
Disposal Field
Seepage Pit
Dry Well
Cesspool
Heat Pump Well
25
50
50
100
100
50
150
Suction Line
25
50
50
100
100
50
150
Water Serv. Line
5
10
10
10
10
25
2. 
Where gravel, limestone, or fractured, creviced or fissured rock formations are encountered, greater distance of a heat pump well from a subsurface sewage disposal system may be required by the Board of Health or its authorized agent.
3. 
The distance of a heat pump well from a building sewer may be reduced to 15 feet with the approval of the Board of Health or its authorized agent if the building sewer is constructed of cast-iron with poured and caulked lead joints.
4. 
Distance of a heat pump well from disposal fields and seepage pits may be reduced to a minimum of 50 feet when approved by the Board of Health or its authorized agent but only when the well is provided with a casting to a depth of 50 feet or more.
5. 
Where there are existing building foundations no heat pump well shall be constructed or located within 20 feet of such foundations.
d. 
Production and Return Wells. Where production and return heat pump wells are permitted, they shall comply with the following:
1. 
Water being returned to the ground through a return well shall be returned to the aquifer from which it came. An unused aquifer shall be sealed off.
2. 
The chemical and bacteriological quality of water being returned to the ground through a return well shall be equivalent to the quality of the water prior to its use in the heat pump well system.
3. 
The temperature of water being returned to the ground through a return well shall not be more than 10° F. above the temperature of the water prior to its uses in the heat pump well system.
4. 
If a single well is used for both production and return of water a minimum of 100 feet of vertical separation between intake and discharge shall be required for every 12,000 BTU's produced per hour.
5. 
Both production and return wells shall utilize approved pitless adapters or water tight threaded or enclosed connections below grade.
6. 
No corrosion inhibitors, water softening additives, or other deleterious substances may be added to the water that will be eventually returned to the ground through the return well.
7. 
There shall be unthreaded sampling taps on both the water production and the return lines.
8. 
In-line thermometers shall be installed in both the production and the return lines and at all times maintained in operating condition.
9. 
The drilling contractor shall conduct a pumping test for each return well. The rate of water injected into the return well during the test shall be at least equal to the design flow rate of the heating or cooling system with the results recorded and submitted to the Board of Health.
10. 
For the purpose of this chapter, oxygen shall not be considered a contaminant to return water, even though it may adversely affect the operation and maintenance of the return flow systems. The drop pipe in the return well shall be extended below the static water level and shall be equipped within an adjustable check valve that shall be set to maintain a minimum release pressure of 10 PSI. To protect against causing reverse suction in the return line which could result in the introduction of oxygen into the return water, the release pressures as shown on the following table shall be required.
Depth to Static Water Level
(feet)
Spring Release Pressure
(feet)
0
10
10
14
20
18
30
23
40
27
50
31
60
36
70
40
80
45
90
49
100
53
11. 
There shall be a check-valve installed on the line from the production well.
12. 
For installations where the production well also serves as the potable water supply, a back-flow prevention device shall be installed at the point in the system where the potable water line separates from the heat and cooling line.
13. 
Where a municipal water system is used for potable supply, an approved back-flow preventor shall be installed on the municipal water line, after the meter.
14. 
Well casing for production and return wells shall terminate a minimum of 12 inches above grade and shall be permanently marked with the applicable heat pump well permit number.
e. 
Closed Loop Wells.
1. 
If local groundwater contamination is known to exist or reasonably suspected of existing at or near the proposed site of the well, the open shaft of a closed loop well shall be filled from the bottom up with impermeable neat cement or bentonite.
2. 
Where no local groundwater contamination exists or is not reasonably suspected of existing, the open shaft of the well shall be filled from the bottom up to 50 feet from ground surface with sterilized sand 3/8 inches stone, or pea gravel; and the upper 50 feet of the shaft shall be filled from the bottom up with impermeable neat cement or bentonite and capped with a sanitary seal or cement cap.
3. 
All tubing or piping to be used in a closed loop well shall be polybutylene conforming to all requirements of the latest revision of ASTMD-2662 specifications for polybutylene plastic pipe, and approved by the National Sanitation Foundation (NSF) for potable water use.
4. 
Except for the bottom loop, the tubing or piping placed in the shaft of a closed loop well shall be without joints or seams.
5. 
No substance, chemical, liquid or other matter, except propylene glycol, shall be mixed with the water that circulates through the heat pump well.
[Ord. #72-83, S 7]
The Board of Health and its authorized agent reserve the right to inspect and observe the construction of any heat pump well and may order any work in progress in or about any heat pump well which is in use or being installed contrary to the standards of this chapter to be stopped forthwith, except such work as may be necessary to remedy the violation, and thereafter the work continued without any violation of any of the provisions of this chapter. After issuance of any such stop work order and service of a copy thereof upon any person connected with or working in or about the installation of such heat pump well, or any part thereof, no further work shall be done thereon except as aforesaid.
[Ord. #72-83, S 8; Ord. #98-01, S 6; Ord. #2002-03, S 6]
The following fees and charges are hereby established:
a. 
Review of application for permit to locate, construct or alter heat pump well: $30 per each well to be drilled (e.g., if design calls for production and return wells, the total fee is $60.
b. 
Issuance of permit to locate, construct or alter heat pump well: $60 per each well to be drilled.
[Ord. #72-83, S 9]
The Board of Health may adopt and promulgate rules and regulations in furtherance of the intent of this chapter.
[Ord. #72-83, S 10]
Any person violating any of the provisions of this chapter or any order promulgated under this chapter shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.