As used in this chapter, words and terms shall have the meanings
established in the potable water standards of the New Jersey Safe
Drinking Water Act (N.J.S.A. 58:12A-1, et seq., hereinafter referred
to as the "Safe Drinking Water Act") and the regulations promulgated
pursuant to the authority thereof (N.J.A.C. 7:10-1.1, et seq., hereinafter
referred to as the "Safe Drinking Water Act Regulations"). The term
"administrative authority" means the Warren Township Board of Health.
The term "authorized representative" means a licensed health officer,
sanitarian, or professional engineer appointed by the administrative
authority to represent it. The term "potable water" means drinking
water for human consumption.
a.
The requirements of this chapter shall pertain to all non-public
water systems in the Township of Warren, whether the property served
thereby is used for residential, commercial, agricultural or industrial
purposes. The requirements of this chapter are in addition to and
not in lieu of the applicable federal and state laws and regulations.
In the event that any present or future federal or state law or regulation
imposes standards more stringent than the requirements of this chapter,
the more stringent standards shall govern.
b.
No building permit shall be issued for any property which is to utilize
a non-public water system for its potable water supply, until and
unless the administrative authority shall have certified that the
water supply system is in compliance with the provisions of the Realty
Improvement Sewerage and Facilities Act as revised (N.J.S.A. 58:11-23,
et seq.) and the standards for construction referred to therein, the
Safe Drinking Water Act, the regulations promulgated thereunder, and
this chapter.
c.
No building shall be occupied and no certificate of occupancy shall
be issued for any property which utilizes or is to utilize a non-public
water system for its potable water supply, until and unless the administrative
authority shall have issued all permits and certifications required
by this chapter.
a.
No person shall put into use as a source of potable water supply
any new non-public water system or alteration thereto which includes
a new or altered source of supply, now or significantly altered water
treatment method, or significant expansion, until and unless a permit
shall have been issued therefor by the administrative authority. For
purposes of this chapter, the installation, replacement or repair
of filters solely, serving individual sinks shall not be considered
a significant alteration or expansion. Permits are required for filters
that are required for the water supply or the water system to conform
with the potable water standards of the Safe Drinking Water Act. Applications
for such permits shall be submitted in writing upon forms provided
by the administrative authority.
b.
No permit to locate, construct, or alter any non-public water system
shall be issued unless the administrative authority shall have certified
that the proposed water supply system is in compliance with the provisions
of the Realty Improvement Sewerage and Facilities Act as revised (N.J.S.A.
58:11-23, et seq.) and the standards for construction referred to
therein.
c.
Applications for permits shall be accompanied by the following items
applicable to the non-public water system for which the permit is
requested:
1.
The information and materials required by the applicable provisions
of Sections 7:10-12.41, 7:10-12.42 and 7: 10-12.43 of the Safe Drinking
Water Act Regulations;
2.
Evidence that all required well drilling permits have been obtained
from the NJDEPE;
3.
Evidence that any required diversion permits have been obtained from
the NJDEPE.
a.
There shall be no transfer of real property or any interest in real
property and there shall be no change in the use or occupancy of a
property which utilizes a non-public water system for its potable
water supply until and unless the administrative authority or its
authorized representative shall have certified that the water supply
system is in compliance with the provisions of the Realty Improvement
Sewerage and Facilities Act as revised (N.J.S.A. 58:11-23, et seq.)
and the standards for construction referred to therein, the Safe Drinking
Water Act, the regulations promulgated thereunder, and this chapter.
Applications for certifications shall be accompanied by:
1.
A report on the well water collected and analyzed by a laboratory
duly certified by the NJDEPE to conduct testing under the Safe Drinking
Water, Act; and
2.
The information and materials required by the applicable provisions
of sections 7:10-12.41, 7:10-12.42 and 7:10-12.43 of the Safe Drinking
Water Act Regulations; and
3.
An application fee of $25.
b.
In the event of such a sale, lease or transfer within six months
or less of a valid prior certification of the non-public water system
by the administrative authority, the transferor need not obtain a
new certification.
c.
No property shall be occupied and no certificate of occupancy shall
be issued for any property until and unless all required certifications
shall have been issued by the administrative authority in accordance
with this chapter.
d.
No subdivision certification shall be issued by the administrative
authority for a subdivision which utilizes a non-public water system
for its potable water supply until and unless the administrative authority
shall have certified that the water supply systems appear capable
of compliance with the provisions of the Realty Improvement Sewerage
and Facilities Act as revised (N.J.S.A. 58:11-23, et seq.) and the
standards for construction referred to therein, the Safe Drinking
Water Act, and the regulations promulgated thereunder, and this chapter.
The number of test wells to be installed shall be as specified by
the administrative authority, but no numbering less than one test
well for each five acres or fraction thereof in the subdivision (with
a maximum of one test per subdivision lot). If any of the test wells
are found to be not in compliance with the aforesaid potability standards,
the administrative authority may deny subdivision certification until
a public water supply becomes available.
a.
Before the administrative authority shall issue a permit or certification
under this chapter, the owner of the property in question shall have
a sample of the well water collected and analyzed by the NJDEPE for
testing under the Safe Drinking Water Act. All reports of laboratory
testing, in order to be acceptable under this chapter, shall be forwarded
directly by the laboratory to the administrative authority.
b.
All sample collection, testing and analysis shall be in accordance
with the criteria and procedures established by NJDEPE regulations.
c.
All reports of testing shall provide the following information:
1.
The Lot and Block number upon which the well is located and the reason
for the sample;
2.
The name and address of all persons owning the property upon which
the well is located;
3.
The laboratory employee or the laboratory's authorized representative
who physically collected the sample from the well;
4.
The date and time that the water sample was collected;
5.
The specific point of collection of the water sample; and
6.
The date and time the sample was analyzed by the laboratory.
d.
In order to be acceptable for purposes of the issuance of a permit
or certification by the administrative authority, water samples must
meet the bacteriological quality rules set forth in Safe Drinking
Water Act (as amended), the State Primary Drinking Water Regulations,
N.J.A.C. 7:10-5.1, et seq., including, without limitation, the National
Regulations, Discretional Changes to National Regulations and Additional
Requirements adopted therein.
e.
In the event that a laboratory analysis of a water sample collected
from any well reveals the presence of any contaminant exceeding the
maximum contaminant levels set forth in or referred to in this chapter,
the administrative authority shall be notified by the owner or occupant
of the property not later than 24 hours of receipt of the laboratory
report of such testing, unless the report has been sent directly by
the testing laboratory to the administrative authority pursuant to
this chapter.
f.
The administrative authority shall have the right to order any well,
which does not meet the potability standards as required by this chapter,
abandoned and sealed according to law. In such cases the occupancy
of such premises will be prohibited until a public water supply becomes
available.
g.
Unless the well is to be abandoned and sealed according to law, the
well shall be treated and/or remediated to eliminate the contamination
condition. The administrative authority shall be notified by the owner
or occupant of the property not later than 24 hours of the treatment
and/or remediation provided. Such notification shall be accompanied
by a statement from a licensed plumber, providing a detailed description
of the treatment, processes, equipment and/or remediation provided
to the well.
h.
Both the untreated and treated waters of a contaminated well shall
be retested for such contaminants and at such intervals as shall be
determined by the administrative authority. Such retesting shall be
continued until the treated water meets the standards of the Safe
Drinking Water Act and State Primary Drinking Water Regulations and
the untreated and treated waters of the well shall be retested at
least annually thereafter. The requirements of this subsection shall
be followed in all cases of contamination exceeding the maximum contaminant
levels set forth in or referred to in this chapter, whether or not
an application has been made for a permit or certification under this
chapter, and whether or not the testing which revealed the contamination
was performed for purposes of this chapter or not.
i.
The administrative authority shall at all times have the right to
order such testing as it deems necessary to effectuate the purpose
of this chapter.
j.
The cost of all testing required by the administrative authority
or by this chapter shall be borne solely by the owner of the property
in question and not by the administrative authority.
k.
No well shall be utilized as a potable water source unless the testing
required by this chapter demonstrates that the water meets the standards
set forth in and referred to in this chapter and the administrative
authority shall have issued all permits and certifications required
by this chapter.
For major subdivisions, a public water system shall be required,
unless the administrative authority determines, after notice and hearing,
that public water is unavailable to the property to be served. For
purposes of this section public water shall be considered unavailable:
a.
Where the nearest public water distribution line is more than 1,000
feet from the nearest boundary of the property to be served; or
b.
Where connection to or service from the public water distribution
line requires the installation of a pumping station, acquiring an
easement or right-of-way to cross an adjoining property, or crossing
a railway, major highway or other significant obstacle.
The administrative authority shall have the power to make or
cause to be made such inspections and tests as may be necessary to
carry out the purposes of this chapter and its authorized representatives
shall at all times have the right to present proper identification
and then enter upon lands upon which there is located a well or individual
sewage disposal system for the purpose of inspecting and/or testing
the same.
The source of potable water for a non-public water system shall
be solely from wells. The use of springs, cisterns, or surface waters
shall not be accepted as a source of potable water.
The administrative authority may order any well which is determined
to be polluted or detrimental to the public health closed until and
unless the water is made potable and acceptable under this chapter.
In case any permit or certification required by this chapter
is denied by the administrative authority, or in case the administrative
authority issues an order to close a well, a hearing shall be held
thereon before the administrative authority within 15 days after request
therefor is made by the applicant in writing and upon such hearing
the administrative authority shall affirm, alter or rescind its previous
determination and take action accordingly within 15 days after the
date of such hearing.
The administrative authority may order all work in and about
any non-public water system which is being erected, installed or altered
in violation of the law, regulations, or this chapter, to be stopped
forthwith, except such work as shall be determined by the administrative
authority to be necessary to remedy such violation. After issuance
of any such stop-work order and the service of a copy thereof upon
any person connected with or working in or about the erection or installation
of any such non-public water system, or any part thereof, no further
work shall be done thereon except in strict compliance with all laws,
regulations and ordinances.
Any person or persons, firm or corporation 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 $200 for each offense and an additional penalty of $25 for each
day of continuance of the violation after notice of the violation
shall have been given to such person or persons, firm or corporation
by the administrative authority, to be collected and enforced by summary
proceedings for the collection of penalties pursuant to the New Jersey
Penalty Enforcement Law. Such notice shall be given by (1) serving
a copy thereof on the property owner as shown on the current tax map
or his agent in charge of the property, or (2) mailing a copy thereof
by certified mail to the property owner at his address as shown on
the said tax map.
