The Township Committee finds that:
a. The ground water underlying the Township
is a major source of existing and future water supplies, including
drinking water. The ground water underlying the Township lies within
the Buried Valley Aquifer Systems of the Central Passaic River Basin,
designated as a "sole source" aquifer under Section 1424(e) of the
Federal Safe Drinking Water Act of 1974.
b. The ground water aquifers are integrally
connected with, are recharged by, and flow into the surface waters,
lakes and streams, which also constitute a major source of water for
drinking, commercial and industrial needs.
c. Accidental spills and discharges of toxic
and hazardous materials may threaten the quality of these ground water
supplies and related water sources.
d. Contaminated water from any source is a
detriment to the health, welfare and comfort of the residents of the
Township, and other users of these water resources.
e. Spills or discharges of hazardous substances
or hazardous wastes may contaminate or pollute water. As a preventive
measure, the proximity of such materials to sources of water supplies,
such as public community wells, should be restricted so that there
will be sufficient time to find and clean up such spills or discharges
before water supplies become contaminated.
The purpose of this Article
9 is to protect the public health, safety and welfare through the protection of the ground water resources underlying the Township to ensure a supply of safe and healthful drinking water for present and future generations of local residents, employees and the general public in the Township, as well as users of these water supplies outside the Township. Areas of land surrounding each public community well, known as Well Head Protection Areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for ground water contamination can be reduced. The purpose of the regulations contained in this Article
9 is to prevent the migration of potential pollutants from areas within a WHPA into ground water that is withdrawn from a public community well.
The following are Major and Minor Potential Pollutant Sources (PPS) subject to the requirements of this Article
9. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 12.12.
a. Major PPSs include:
1. Permanent storage or disposal of hazardous
wastes, industrial or municipal sludge or radioactive materials, including
solid waste landfills.
2. Collection and transfer facilities for
hazardous wastes, solid wastes that contain hazardous materials, and
radioactive materials.
3. Any use or activity requiring the underground
storage of a hazardous substance or waste in excess of an aggregate
total of 50 gallons.
4. Underground fuel and chemical storage and
oil tanks regulated by NJDEP under provisions of the Underground Storage
of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
5. Above-ground storage facility for a hazardous
substance or waste with a cumulative capacity greater than 2,000 gallons.
6. Any industrial treatment facility lagoon.
7. Any facility with a SIC Code number included
under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C.
7:10A-1.14, Table II(N), with a toxicity number of II or greater.
8. Automotive service center (repair and maintenance).
11.
Road salt storage facility.
13.
Highway maintenance yard.
14.
Truck, bus, locomotive maintenance
yard.
15.
Site for storage and maintenance
of heavy construction equipment and materials.
16.
Site for storage and maintenance
of equipment and materials for landscaping.
18.
Quarrying and/or mining facility.
19.
Asphalt and/or concrete manufacturing
facility.
20.
Junkyard/auto recycling and scrap
metal facility.
21.
Residential or agricultural motor
fuel in NJDEP exempted underground storage tanks (i.e. under 1,000
gallons).
b. Minor PPSs include:
1. Underground storage of hazardous substance
or waste of less than 50 gallons.
2. Underground heating oil storage tank with
a capacity of less than 2,000 gallons.
3. Sewage treatment facility.
4. Sanitary sewer system, including sewer
line, manhole, or pump station. (See conditions in Section 906c.)
5. Industrial waste line. (See conditions
in Section 906c.)
7. Facility requiring a ground water discharge
permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq.
8. Stormwater retention-recharge basin.
9. Dry well. (See conditions in Section 906c.)
10.
Storm water line. (See conditions
in Section 906c.)
11.
Waste oil collection, storage and
recycling facility.
12.
Agricultural chemical bulk storage
and mixing or loading facility including crop dusting facilities.
13.
Above-ground storage of hazardous
substance or waste in quantities of less than 2,000 gallons.
c. Conditions:
1. Sanitary sewer lines, industrial waste
lines and storm water lines may be located no closer than 100 feet
to a regulated well, and only if they are constructed of watertight
construction (that is steel, reinforced concrete, cast iron, PVC or
other suitable material).
2. Manhole and/or connections to a sanitary
sewer system are prohibited within 100 feet of a regulated well.
3. Dry wells dedicated to roof runoff and
serving residential properties or commercial or industrial properties
with SIC codes not listed in N.J.A.C. 7:10A-1.14, Table II(N), may
be located no closer than 100 feet to a regulated well.
Any applicant proposing any change
in land use or activity that involves any PPS, as defined in Section
906, that would be located either wholly or partially within any WHPA
shall comply with and operate in a manner consistent with the following
Best Management Practices:
a. All portions or areas of a facility in
which hazardous substances or hazardous wastes are stored, processed,
manufactured or transferred outdoors, shall be designed so that the
discharges of hazardous substances will be prevented from overflowing,
draining, or leaching into the ground water or surface waters.
b. Outdoor storage, dispensing, loading, manufacturing
or processing areas of hazardous substances or hazardous wastes must
be protected from precipitation, stormwater flows or flooding.
c. Wherever hazardous substances are stored,
processed, manufactured or transferred outdoors, the design features
shall include secondary containment and/or diversionary structures
which may include but not be limited to:
1. Containers, dikes, berms or retaining walls
sufficiently impermeable to contain spilled hazardous substances,
for the duration of a spill event.
3. Gutter, culverts and other drainage systems.
4. Weirs, booms and other barriers.
5. Lined diversion ponds, lined lagoons and
lined retention basins, holding tanks, sumps, slop tanks and other
collecting systems.
d. Secondary containment and/or diversionary
systems, structure or equipment must meet the following standards:
1. The system must block all routes by which
spilled hazardous substances could be expected to flow, migrate, or
escape into the ground water or surface waters.
2. The system must have sufficient capacity
to contain or divert the largest probable single discharge that could
occur within the containment area, plus an additional capacity to
compensate for any anticipated normal accumulation of rainwater.
3. In order to prevent the discharge of hazardous
substances into ground water, all components of the system shall be
made of or lined with impermeable materials sufficient to contain
the substance for the duration of a spill event. Such material or
liner must be maintained in an impermeable condition.
4. No manufacturing area, processing area,
transfer area, dike storage area, or other storage area, or secondary
containment/diversion system appurtenant thereto shall drain into
a watercourse, or into a ditch, sewer, pipe or storm drain that leads
directly or indirectly into a surface or subsurface disposal area,
unless provision has been made to intercept and treat any spilled
hazardous substances in an NJDEP approved industrial wastewater treatment
or pre-treatment facility, or other NJDEP approved facility.
5. Catchment basins, lagoons and other containment
areas that may contain hazardous substances should not be located
in a manner that would subject them to flooding by natural waterways.
e. Stormwater shall be managed so as to prevent
contamination of ground water, and so as to be in accordance with
applicable laws and regulations of the State of New Jersey, and of
the Township of Millburn.
A prompt investigation shall be made by the appropriate personnel of the Township of Millburn of any person or entity believed to be in violation of this Article
9. If, upon inspection, a condition which is in violation of this Article
9 is discovered, a civil action may be commenced in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this Article
9 shall be construed to preclude the Township's right, pursuant to any applicable statute, to initiate legal proceedings under this Article
9 in Municipal Court. The violation of any section or subsection of this Article
9 shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this Article
9. Each day a violation continues shall be considered a separate offense.