[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:
ABANDONED WELL
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from contamination, has been replaced by another well or connection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.
ALTER OR ALTERATION
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).
APPLICANT
Shall mean a developer or property owner submitting an application
for development or permit to install or use a well.
APPLICATION FOR DEVELOPMENT
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.
APPLICATION FOR WELL PERMIT
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.
CERTIFICATE OF COMPLIANCE, INSTALLATION
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.
CERTIFICATE OF COMPLIANCE, LOCATION AND DESIGN
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.
CODE
Shall mean the New Jersey Administrative Code.
COMMUNITY WATER SUPPLY SYSTEM
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.
DEP
Shall mean the New Jersey Department of Environmental Protection.
DEVELOPER
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.
LOCAL AGENCY
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.
LOCAL ENFORCEMENT OFFICER
Shall mean the Township Health Officer or other technical
representative of the Township as may be designated by the Administrative
Authority.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
PRIVATE OR NON-PUBLIC WELL
Shall mean any water system/well that provides potable water
solely to a property or structure intended as a single-family residence.
PRIVATE WELL TESTING ACT
Shall mean the Private Well Testing Act as found at N.J.A.C.
7:9E et seq., as amended and/or supplemented.
PROFESSIONAL ENGINEER
Shall mean an engineer licensed to practice professional
engineering in the State of New Jersey.
PUBLIC WELL
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.
REPAIR
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.
STRUCTURE
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.
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 § 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 § 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.