[Ord. No. BH-1-05 § 1]
A Code regulating the location, construction, alteration, use
and supervision of individual water supplies, requiring certain permits,
providing for the inspection of such supplies, the fixing of fees
and prescribing penalties for the violation is hereby adopted pursuant
to N.J.S.A. 26:3-69.1 to 3-69.6.
[Ord. No. BH-1-05 § 2]
The Code established and adopted by this chapter is described and commonly known as "Standards for the Construction of Public Noncommunity and Nonpublic Water Systems," which is set forth in Chapter 7:10-12.1 through 7:10-12.43 of the New Jersey Administrative Code and the supplements and additions thereto pursuant to N.J.S.A. 58:11-23 et seq., and N.J.S.A. 58:12A-1 et seq., and amendments and supplements thereto.
[Ord. No. BH-1-05 § 3]
As used in this chapter, the following terms shall include the
meanings given herein:
Shall mean any well which is not in use, has been illegally
installed or improperly constructed, has been improperly maintained
or is damaged, has not been maintained in a condition that ensures
that the subsurface or percolation water of the State are protected
from contamination, has been replaced by another well or connection
to a public supply, is contaminated, is nonproductive, or no longer
serves its intended use pursuant to the State Act.
Shall mean the permanent closure or sealing of a well in
accordance with N.J.A.C. 7:9D-3 et seq.
Shall mean the Board of Health of the Township of Chatham.
Shall mean any physical change in the well including but
not limited to deepening, modification or decommissioning, such that
there will be a change in size, construction or installation (including,
but not limited to, extension of casing).
Shall mean a developer or property owner submitting an application
for development or permit to install or use a well.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
Shall mean the application form and all accompanying documentation
required by the Township for approval to locate, construct or alter
a water supply, as authorized by N.J.A.C. 7:10-12.40.
Shall mean the Board of Health of the Township of Chatham.
Shall mean a certificate issued by the Board of Health certifying
that an individual water supply system has been installed in such
manner as to meet the requirements of the Department of Environmental
Protection's Standards for the Construction of Public Noncommunity
and Nonpublic Water systems and higher standards prescribed by this
article and all terms and conditions of approval imposed by the Board
with respect to such system upon the issuance of the certificate of
compliance, location and design therefor.
Shall mean a certificate issued by the Board of Health certifying
that a proposed individual water supply system, or an alteration of
such system, is in compliance with the provisions of the DEP's
Standards for the Construction of Public Noncommunity and Nonpublic
Water Systems, and any higher standards prescribed by the article.
Shall mean the New Jersey Administrative Code.
Shall mean a source and distribution system for potable water
subject to the requirements of N.J.S.A. 58:12A-1.1 et seq. and N.J.A.C.
7:10-1.1 et seq.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the Board of Health of the Township of Chatham,
which is the agency responsible for review and approval of applications
for well operation under the provisions of this chapter.
Shall mean the Township Health Officer or other technical
representative of the Township as may be designated by the Administrative
Authority.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean any water system/well that provides potable water
solely to a property or structure intended as a single-family residence.
Shall mean the Private Well Testing Act as found at N.J.A.C.
7:9E et seq., as amended and/or supplemented.
Shall mean an engineer licensed to practice professional
engineering in the State of New Jersey.
Shall mean any water system or well(s) that provide potable
water to any property or structure, other than a property or structure
served by a private or nonpublic well and other than a well intended
to serve a single-family residence.
Shall mean to fix, refurbish or replace one or more components
of a well in a manner that will or is meant to restore and preserve
the original location, design, construction, installation and/or operation
of the system.
Shall mean the Safe Drinking Water Act as found at N.J.S.A.
58:12A et seq., as amended and/or supplemented.
Shall mean a combination of materials to form a structure
for occupancy, use or ornamentation, whether installed, constructed
or assembled or erected on, above or below the surfaces of a parcel
of land or upon another structure or building, and including fences
and garden walls more than seven feet high.
[Ord. No. BH-1-05 § 4]
No individual water supply system shall be installed on a property
served by a public water system approved by the DEP. No structure
shall be served by both a public water supply and an individual water
supply.
[Ord. No. BH-1-05 § 5.1; Ord. No. BH-2-09 § 5.1]
a.
Well Permits. No person shall locate, construct, repair, deepen,
abandon, decommission or alter any well, or utilize an existing well
for any nonessential use, without first receiving a well permit from
the Board of Health. All abandoned wells must be decommissioned in
accordance with the procedure set forth in N.J.A.C. 7:9D, "Well construction;
maintenance and sealing of abandoned wells, Subchapter 3.1 General
requirements and procedures for the decommissioning of wells." Inspections
shall be scheduled and performed by the Board of Health as part of
the permit requirements. Emergency activity due to "no water" may
proceed without inspection and prior to the issuance of a permit in
order to restore water to a property. However, the Board of Health
must be notified of the activity as soon as possible but no later
than the next business day. Applicant shall post all appropriate fees
for the applicable permit, including fees for nonessential use and
nonessential wells.
b.
Construction Permits. No construction permit for a new home, new
septic system, or other structure shall be issued unless the well
intended to serve the home(s) or structure(s) has been drilled, tested
and certified by the applicant's engineer or well driller as
complying with State Standards for the Construction of Public Noncommunity
and Nonpublic Water Systems (N.J.A.C. 7:10-12.1 et seq.), subsections
16-6.6, 16-6.7 and 16-6.8 of this section, and approved by the Local
Enforcement Officer.
c.
Construction Permits for Additions and Other Structures. No construction
permit for an addition or other structure shall be issued unless the
new or existing well is a minimum distance of 20 feet from the addition
or other structure, including decks, patios or other improvements.
d.
Reports on the repair, replacement or abandonment of all wells and
well pumps shall be submitted no later than 30 days upon completion
of the permitted activity.
e.
Permits Required. It shall be the responsibility of the developer
to obtain a permit prior to drilling. However, the developer may carry
out this responsibility through the owner or applicant.
f.
Expiration of Permits. Every permit issued pursuant to this section
shall expire 12 months after the date of issuance, unless prior to
such time construction of the realty improvement with respect to which
the permit was issued shall have been commenced, in which event the
permit shall remain valid and in effect for a period of two years
from the date of issuance.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. BH-5-67.
[Ord. No. BH-1-05 § 5.2]
a.
No person shall locate, construct (drill, build, assemble and/or
install) or alter an individual water supply system until the Board
of Health has issued a Certificate of Compliance, Location and Design,
indicating that the water supply system has been located and designed
in compliance with the requirements of the Code.
b.
The Board of Health shall not be responsible for any harm or danger
to persons or property resulting from the construction or maintenance
of any well.
c.
A Certificate of Compliance, Location and Design shall expire one
year from the date of issuance.
[Ord. No. BH-1-05 § 5.3]
a.
No individual water supply system shall be placed in service or operation
until the Board of Health or its duly authorized agent has issued
a certificate of compliance, installation with respect to such system.
No such certificate shall be issued until the owner or developer has
furnished to the Board of Health the following:
1.
An as-built plan of the system prepared and signed by a professional
engineer or a New Jersey State licensed well driller, which plan shall
include the exact location (GPS coordinates) of any well in relation
to the foundation of the structures served by the system and all other
structures, driveways, etc., on the lot.
2.
A DEP well record.
3.
A written report by a New Jersey certified laboratory determining
potability.
[Ord. No. BH-1-05 § 5.4]
a.
Construction Criteria. All wells shall conform to the standards for
the construction of nonpublic and noncommunity wells as promulgated
by the New Jersey Department of Environmental Protection, N.J.A.C.
7:10-12.1 et seq., with the following amendments:
1.
A minimum of 50 feet of well casing shall be provided for all wells.
2.
No wells shall be located within 100 feet of any other existing or
proposed well.
3.
Blasting for the construction or repair of any well is prohibited.
4.
Hydrofracturing of the geologic formation to increase yields prior
to aquifer testing is prohibited.
5.
The well must be staked by a land surveyor or engineer for wells
on vacant lots. The well driller may stake the well for replacement
wells.
6.
The casing of each well shall extend 18 inches above grade, and all
pump and well installations shall include a pitless adapter and shall
be properly vented.
7.
Well caps or coverings shall be bonnet-type, heavy patter, and Harvard
or Martinson brands are the types preferred. Other makes may be approved
by the inspector.
8.
The minimum distance between a new well and any component of a septic
system shall be 100 feet. In the event a new well must be constructed
to replace a preexisting well, in circumstances where the physical
condition of the lot renders compliance with this requirement impossible,
then the Board of Health may apply the less stringent distance standards
set forth in N.J.A.C. 7:10-12.1 et seq., provided that the applicant
shows to the satisfaction of the Board that those less stringent standards
can be applied with safety.
9.
The well line must be located a minimum of 48 inches below grade
and must be bedded with six inches of clean sand below and six inches
of clean sand above the well line.
10.
If an existing septic system needs to be altered or constructed
within 100 feet of a substandard well (well has less than 50 feet
casing, is a spring, dug well, cistern, or Kelly concrete cased well),
a new well must be drilled in compliance with N.J.A.C. 7:10-12.1 et
seq. The old well must be properly sealed by a person who possesses
a valid New Jersey well driller's license of the proper class
as issued by the DEP pursuant to N.J.S.A. 58:4A-4.1 et seq.
11.
All existing wells that are monitored, and all new wells shall
be disinfected in accordance with the standards of the New Jersey
Department of Environmental Protection.
A duly authorized representative of the Board of Health shall
make an inspection when the 50 feet of casing, and the grouting of
the annular space between the borehole and the outermost casing is
being installed, and at any other time deemed necessary during the
construction of an individual water supply system, to determine compliance
with the terms of the Certificate of Compliance, Location and Design
issued therefor. The Board of Health shall be notified at least 48
hours prior to the commencement of the construction of any such system.
The final inspection of an individual water supply system shall include
the collection of a sufficient number of samples for analysis to determine
whether the water meets potable water standards adopted by the DEP.
A certificate of compliance, installation shall not be issued for
a water supply system failing to satisfy the potable water standards,
unless remediating measures are taken to correct the problem. This
remediation method must be approved by the Board of Health.
[Ord. No. BH-1-05 § 5.3]
a.
All applications for certifications required by this chapter shall
be made upon forms to be supplied by the Board of Health for that
purpose. A separate application shall be filed and a separate certificate
issued for each installation. Applications for each new installation
must be signed by a professional engineer. Application for repairs
or alterations to an existing system may be signed by a professional
engineer, a New Jersey-licensed well driller or a New Jersey-licensed
plumber, unless the Registered Environmental Health Specialist (hereinafter
referred to "REHS") employed by the Board of Health determines that
the proposed repairs or alterations are improper, unfeasible or too
complex, in which event the installation shall be designed and the
application shall be signed by a professional engineer. The REHS employed
by the Board of Health is authorized to approve all applications,
but may obtain the advice and guidance of the Chatham Township Engineer
whenever appropriate. The Board of Health may impose reasonable conditions
on its approval of such an application and may require that the applicant
prepare and record a deed, subject to the approval of the Board or
its attorney, setting forth the conditions as a restrictive covenant
running with the land and enforceable by the Board.
b.
Each application for a certificate of compliance, location and design
shall contain, in addition to the information required by the DEP's
Standards for the Construction of Public Noncommunity and Nonpublic
Water Systems, a statement that the location and design of the proposed
system will comply with the Safe Drinking Water Act's (N.J.S.A.
58:12A-1, et seq.) standards and any higher standards prescribed by
this chapter. Such statement shall be signed by one of the following
persons:
1.
For a new installation, the professional engineer responsible for
the location.
2.
For an alteration or repair, a professional engineer, a New Jersey licensed well driller or a New Jersey licensed plumber, except when, pursuant to subsection BH10-5.6a, the REHS requires a professional engineer to locate the installation and sign the application.
3.
The Board of Health shall signify its certification and approval
of the proposed location and that the proposed system complies with
the aforesaid Act and standards and this chapter by the signature
of its REHS or other duly authorized agent on the application.
[Ord. No. BH-1-05 § 6]
a.
The DEP's Standards for the Construction of Public Noncommunity
and Nonpublic Water Systems (N.J.A.C. 7:10-12.1 et seq.) shall be
in full force and effect in the Township of Chatham, except that the
following regulations or higher standards are hereby prescribed:
1.
Location of Wells. Every wellhead shall be located at a higher level
than any individual sewage disposal system serving the same property,
unless site conditions peculiar to a property render this requirement
unreasonable. New wells shall not be buried and shall not use well
pits.
2.
Storage of Water. Water shall be stored only in impervious tanks
protected against surface drainage. All tanks shall be provided with
watertight covers, and any overflow or ventilation openings shall
be covered with a metallic screen of not less than sixteen-mesh to
prevent the entrance of insects and vermin. No storage tank shall
have a drainage connection directly to a sewer.
3.
General Well Construction Requirements. The following general requirements
shall apply to the construction of all wells and to the upgrading
of any well which is required by the enlargement or change in use
of an existing building:
(a)
All water in the construction, alteration, repair or decommissioning
of any well shall be potable, as defined in the Safe Drinking Water
Act (N.J.S.A. 58:12A-1 et seq.).
(b)
Once the well has been installed, the well casing shall be capped
until the pump is installed and the well placed in service or until
the well is properly decommissioned. The cap shall be either threaded
onto the casing or be a friction type device which locks onto the
outside of the casing or a blank sanitary well seal or any other type
of cap as may be approved by the Department of Health.
(c)
All annular space(s) between the well casing(s), and the annular
space between the borehole and outermost casing where applicable,
shall be grouted in place as soon as possible. This can be done either
by the tremie grout method or the displacement method.
(d)
Unsuitable or nonproductive wells that cannot be used for their
intended purpose shall be decommissioned in accordance with the requirements
stated herein.
(e)
When the drilling of a pilot hole for any well is temporarily
suspended and the rig moves away from the drilling site, the hole
shall be considered abandoned and subject to the decommissioning requirements
of the Code, unless drilling operations are resumed within 72 hours
of the initial date of suspension.
(f)
All flowing wells shall be equipped with a watertight cap, either
threaded, slip-on or welded, and a control valve or necessary appurtenances
so that the flow of the water can be controlled so as to protect the
integrity of the well construction and/or the wellhead.
(g)
If the Board of Health determines that any well water system
or any appurtenance thereto is not being properly maintained or has
deteriorated to such an extent that contamination might enter the
well or enter the groundwater or constitute a physical hazard, the
Board may order work to be performed on the well or appurtenances
thereto as is deemed necessary to prevent contamination of the groundwater
or to mitigate the physical hazard.
(h)
Every well shall be maintained in a condition whereby it will
conserve and protect the groundwater resources, and whereby it will
not be a source of, or channel for pollution that may contaminate
the water supply of that well, any water-bearing unit or any aquifer.
(i)
Any new or existing well shall not be enclosed in a basement
or cellar of a building, nor built over by any realty improvement
that would inhibit access to the well for repair, replacement or decommissioning.
All wells shall be at least 10 feet from any and all structures.
(j)
All well casings for new wells shall extend a minimum of 18
inches above grade and shall be equipped with pitless adapters.
(k)
Pitless adapters must be inserted within the well casing, and
the casing must be extended 18 inches above final grade on any new
or upgraded wells. A minimum of 50 feet of casing shall be installed
and grouted by an approved method in the presence of a representative
of the Board of Health in all new water systems.
4.
General Requirements for the Decommissioning of a Well.
(a)
The Board of Health may order the decommissioning of any well
due to abandonment, improper maintenance, contamination, potential
for contamination, unproductivity, unsuitability and/or well construction
in violation of any provision of the DEP's Standards for the
Construction of Public Noncommunity and Nonpublic Water Systems (N.J.A.C.
7:10-12.1 et seq.) or this chapter for new or upgraded wells.
(b)
The Board of Health may require or allow a well to be decommissioned
by a method other than set forth in this section.
(d)
All wells shall be decommissioned by a New Jersey licensed well
driller or by a person under the direct and constant on-site supervision
of a New Jersey licensed well driller.
(e)
The driller shall calculate and have on site the amount of sealing
material necessary to completely and appropriately decommission a
well.
(f)
Any hazardous materials (including but not limited to contaminated
casings, cuttings, sediment, displaced water or free product) generated
during the sealing shall be handled in accordance with the Board of
Health and the DEP regulations.
(g)
The well shall be cleared of pump, pipe debris and other obstructions
that may impede proper sealing and decommissioning.
(h)
If the well has been over-drilled so as to remove the entire
casing, screen and gravel pack, the resulting bore hole shall be constructed
to, and maintained at, the original depth of the well until the bore
hole is properly sealed in accordance with this subsection.
(i)
The Board of Health, at its discretion, may require additional
information about a well prior to the well being decommissioned. Such
information may include, but is not limited to, data gathered via
geophysical logging, down hole television, photographing and/or water
quality testing.
(j)
If it is known that an ungrouted annular space exists between
the outermost casing and the bore hole, the casing shall be perforated,
ripped or removed to ensure that said space is sealed.
(k)
All water used in the sealing process shall be of potable quality.
(l)
The following materials shall be used to seal and decommission
wells:
(m)
The Board of Health may approve or disapprove alternate or additional
sealing materials at its discretion.
(n)
Only those materials and/or additives specifically designed
and recommended for well sealing by the manufacturer and approved
by the Board of Health shall be used to decommission wells. The material
shall have a maximum permeability of 1x10-7 centimeters per second
when prepared in accordance with manufacturer's' specifications.
(o)
Sealing materials shall be pumped into the well under pressure
through a tremie pipe which discharges at the bottom of the well.
If an annular space is being sealed, the material must discharge at
the bottom of the annular space. During sealing, the tremie pipe may
be raised from the bottom of the space being filled in a manner which
ensures that the discharge end of the tremie pipe is constantly submerged
within the column of undiluted sealing material in the well.
[Ord. No. BH-1-05 § 7]
a.
Well water samples must be collected from all newly constructed or
altered wells.
b.
The samples must be collected in accordance with the NJDEP Field
Procedures Manual.
c.
Standards of potability shall be in accordance with the New Jersey
Private Well Testing Act.
d.
The Board of Health may take and test samples of water from any individual
water supply system whenever the Board has reason to believe that
the water supplied by such system fails to meet the potable water
standards adopted by the Department of Environmental Protection. In
the event that a sample does not meet such standards, the Board of
Health may order that the use of the individual water supply system
from which such sample was taken shall be immediately terminated.
e.
The builder or property owner of newly constructed dwellings shall
be responsible for the quality of the water produced by the individual
water supply system until the issuance of a certificate of occupancy.
The builder or property owner shall arrange for an initial water test
in accordance with the requirements of the Private Well Testing Act,
N.J.A.C. 7:9E, as soon as the water is available within the dwelling.
The sample for this initial test must be collected prior to the installation
of any treatment system. Prior to signing an application for a certificate
of occupancy, the Board of Health shall confirm that all parameters
are in compliance with applicable NJDEP standards. Treatment systems
installed to correct parameters which fail the initial test, will
be required. Retesting for failing parameters after treatment will
be required to ensure compliance with NJDEP standards.
f.
When it becomes necessary to install a water treatment device on
any potable water supply system in the Township of Chatham, it shall
become the obligation of the owner or builder of said system to install
the appropriate water treatment device. Once said device is installed,
it must remain on the site and be utilized in conjunction with the
water supply system.
g.
The builder shall provide the Health Department with the list of
water treatment devices installed on the water supply (if applicable),
and list the reasons for the installation.
h.
Wells drilled to service existing wells must be sampled in accordance
with the Private Well Testing Act, N.J.A.C. 7:9E. Compliance for those
parameters for which there is a primary standard will be required.
i.
If site conditions indicate potential historic use of pollutants,
such as heavy metals, pesticides, herbicides, and/or other volatile
or semi-volatile organic compounds at or near the site, analysis for
the above pollutants must be conducted.
j.
Based on past historical operations at the site or at nearby properties,
the Board of Health may require additional analyses of groundwater
to assess potential future and current impacts.
k.
The results of the water sample analyses will be used to assess water
quality.
[Ord. No. BH-1-05 § 8]
All real property upon which a private well is located, and
which is the subject of a contract for sale, shall be subject to the
parameters set forth in the New Jersey Private Well Testing Act, N.J.A.C.
7:9E et seq.
[Ord. No. BH-1-05 § 9; Ord. No. BH-1-06 § 1]
a.
For the filing of an application and plans for the issuance of a
permit to locate and construct a new water supply system, the fee
shall be $200, plus, if applicable, the cost to the Department of
Health of initial water supply testing. The permit shall be valid
for one year from the date of issuance, but may be renewed upon payment
of an annual renewal fee of $25. No permit may be renewed more than
four times.
b.
For the filing of an application and plans for the issuance of a
permit to alter an existing water supply system, the fee shall be
$50 plus, if applicable, the cost to the Department of Health of the
initial water supply testing. The permit shall be valid for one year
from the date of issuance, but may be renewed upon payment of an annual
renewal fee of $25. No permit may be renewed more than four times.
c.
For each reinspection of a water supply or part thereof caused by
the failure of the permittee to locate and construct or alter the
same in accordance with the terms of the permit issued or the terms
of the aforesaid Code, the fee shall be $100.
d.
The witness fee for inspecting well casing shall be $100.
e.
The witness fee for observing the sealing and decommissioning of
a well shall be $100.
f.
Only a New Jersey licensed well driller or a New Jersey licensed
well pump installer may install a new well pump. A permit will be
required to install a well pump in either a new well or an existing
well. The applicant must note the approved individual who will be
performing the work. The fee for this permit shall be $50. After the
well has been chlorinated and the chlorine has dissipated, total coliform
bacteria test results shall be provided to the Board of Health and
kept on file by a State certified laboratory.
g.
Any relocation, changes, alterations or repairs to a well line must
be permitted and inspected by the Department of Health. The fee for
this permit will be $50. This fee includes a total coliform bacteria
test, which may be taken by the applicant or the Board of Health,
or its representative.
h.
Any person who violates the provisions of this chapter shall be subject
to a fine not to exceed $1,000 for each offense and an additional
penalty of not more than $100 for each day the violation continues
to exist.
[Ord. No. BH-1-05 § 10]
a.
The Board of Health may order all further work in and about any individual
water supply system which is being constructed or installed in violation
of the DEP's Standards for the Construction of Public Noncommunity
and Nonpublic Water systems, or in violation of any provision of this
chapter, to be stopped forthwith, except such work as shall be necessary
to remedy such violation, and thereafter to continue such work without
any violation of any of the provisions of the regulations. After issuance
of any such order and the service of a copy thereof upon any person
connected with or working in and about the construction or installation
of any such water supply system, or any part thereof, no further work
shall be done thereon except as aforesaid.
[Ord. No. BH-1-05 § 11]
If any person or certificate required by this chapter is denied
by the Board of Health, a hearing shall be held thereon before the
Board within 15 days after request is made by the applicant. Upon
such hearing, the Board of Health shall affirm, alter or rescind its
previous determination with written findings and conclusions.
[Ord. No. BH-1-05 § 12]
a.
No employee of the Board of Health shall have the authority to make
exceptions to the requirements established by the DEP's Standards
for the Construction of Public Noncommunity and Nonpublic Water Systems,
the Standards of the Safe Drinking Water Act, the standards of the
Private Well Testing Act, or the higher standards established by this
chapter.
b.
If the provision of any section, subdivision, paragraph or clause
of this chapter shall be judged invalid by any Court of competent
jurisdiction, such Order or Judgment shall not effect or invalidate
the remainder of any such section, subsection, paragraph or clause,
and, to this end, the provisions of this chapter are hereby declared
to be severable.
c.
All other provisions of the said chapter shall remain in full force
and effect.
d.
All ordinances of the Board of Health of the Township of Chatham
that are inconsistent with the provisions of this chapter, are hereby
repealed to the extent of such inconsistency.
e.
This chapter shall take effect 30 days after first publication, in
accordance with the laws of the State of New Jersey.
