[Ord. No. BH 99-1]
This chapter shall be known as the "Borough of Watchung Board
of Health Water Supply Ordinance" and may be cited as the Water Supply
Chapter.
[Ord. No. BH 99-1]
As used in this chapter:
Shall mean a licensed Health Officer, Sanitarian, Environmental
Health Specialist, or any other person specifically designated by
the Board of Health Officer to act on his behalf or to accompany him.
Shall mean the presence in or upon the surface or groundwaters
of this Borough of one or more contaminants, including any form of
solid or liquid waste of any composition whatsoever, in such quantities
and duration as are, or tend to be, injurious to the human health
or welfare, animal or plant life, or property, or would unreasonably
interfere with the enjoyment of life or property within any portion
of the Borough.
[Ord. No. BH 99-1]
a.
No person shall pollute, or permit to be polluted, any stream of
water or well, the water of which is used for domestic purposes, or
any well, spring, stream, lake or any body of water in such a manner
as to cause or threaten injury to any of the inhabitants of the Borough,
either in health, comfort or property, or to cause or threaten degradation
of water quality resulting in damage to the aquatic community or wildlife
in an area adjacent to the affected water body.
b.
All persons shall maintain his premises, storage and other facilities,
so as to prevent water pollution from gaining access to any stream
of water or well, the water of which is used for domestic purposes,
or any well, spring, stream, lake or any body of water in such a manner
as to cause or threaten injury to any of the inhabitants of the Borough,
either in health, comfort or property, or to cause or threaten degradation
of water quality resulting in damage to the aquatic community or areas
adjacent to the affected water body.
[Ord. No. BH 99-1]
a.
For the purpose of enforcement of this chapter, the Health Officer
may establish a regular program of inspection of business, agricultural,
commercial, industrial, and/or landfill sites and shall be permitted
to enter upon such public or private property and examine, test and
take samples of any and all substances which may affect ground or
surface water, including but not limited to water, solid materials,
soil, spills, subsurface disposal systems, underground and above ground
storage tanks, and discharges of any nature into the air, ground or
otherwise.
b.
For the purpose of enforcement of this chapter, the Health Officer
may require that information be provided to the Board of Health by
the owner or occupant of business, agricultural, commercial, industrial,
and/or landfill sites regarding chemicals used and/or produced at
said sites, including but not limited to:
1.
All information made available to the Department of Environmental
Protection and the Environmental Protection Agency.
2.
Quantity.
3.
Trade name.
4.
Generic name
5.
Method of storage.
6.
Method of disposal.
7.
Any other parties involved in disposal.
8.
On-site treatment facilities for waste products.
In the event the information requested is a trade secret, or
samples made by the Health Officer are trade secrets, such information
shall be restricted and revealed only to those parties whose knowledge
of such information is necessary for the enforcement of this chapter.
[Ord. No. BH 99-1]
The Health Officer shall, in addition to any regular program
of inspection of business, agricultural, commercial, industrial, and/or
landfill sites, be permitted to enter upon such public or private
property and examine, test and take samples of any and all substances
which may affect ground or surface water, including but not limited
to water, solid materials, soil, spills, subsurface disposal systems,
underground and aboveground storage tanks, and discharges of any nature
into the air, ground or otherwise, if he has reason to believe that
such examination, test, and/or sample may enable the Board of Health
or any other governmental agency to protect the public water supply
or prevent the pollution of any stream of water or well, the water
of which is used for domestic purposes, or any well, spring, stream,
lake or any body of water in such manner as to cause or threaten injury
to any of the inhabitants of the Borough, either in health, comfort
or property, or to cause or threaten degradation of water quality
resulting in damage to the aquatic community or wildlife in areas
adjacent to the affected water body.
[Ord. No. BH 99-1]
If the owner of the premises refuses to permit entry to the
Health Officer for the purposes set forth in this chapter, the Board
of Health may apply to the Municipal Court Judge for a search warrant.
The application shall be based upon an affidavit setting forth that
the entry, examination, test, or sample, is for the purposes set forth
in this chapter, and either part of a regular program of inspection
or that conditions and circumstances provide a reasonable basis for
believing that such entry, examination, test or sample may enable
the Board of Health or any other governmental agency to protect the
public water supply or prevent the pollution of any stream of water
or well, the water of which is used for domestic purposes, or any
well, spring, stream, lake or body of water in such manner as to cause
or threaten injury to any of the inhabitants of the Borough, either
in health, comfort or property, or to cause or threaten degradation
of water quality resulting in damage to the aquatic community or wildlife
in and adjacent to the affected water body. If the Judge is satisfied
as to the matters set forth in the affidavit, he shall authorize the
issuance of a search warrant permitting access to the premises for
those purposes set forth in this chapter.
[Ord. No. BH 99-1]
In the event it is determined by the Board of Health that the
water in any well is abandoned, polluted or detrimental to the public
health, it is herewith empowered to prevent the use of or close said
well.
In the event that there is a well or the property that has been
abandoned, said well must be sealed in the conformance with the standards
of N.J.A.C. 5:23-2.16 and 2.17. A certification must be obtained from
a well sealer licensed by the Department of Environmental Protection
indicating that the well has been sealed in accordance with N.J.A.C.
7:9D.
If said well has a usable pump and the property owner wishes to use the well water for irrigation purposes, an application shall be filed with the Board of Health and a permit fee paid as established in Chapter BH15, Board of Health Fees, in addition to any fees required by the Plumbing Subcode Official and Construction Official to approve the installation of the irrigation system.
If said well water supply is to be used to service a swimming
pool of any type, the property owner shall have the water tested by
a State certified laboratory for volatile organic chemicals. The laboratory
report must certify that the water sample meets the standards of the
Safe Drinking Water Act. Since many volatile organic chemicals are
skin absorbable and carcinogenic, any well so contaminated shall be
sealed.
[Ord. No. BH 99-1]
In the event it is determined by the Board of Health that any
person is doing or permitting any act which is polluting any stream
of water or well, the water of which is used for domestic purposes,
or any well, spring, stream, lake or any body of water in such a manner
as to cause or threaten injury to any of the inhabitants of the Borough,
either in health, comfort or property, or to cause or threaten degradation
of water quality resulting in damage to the aquatic community or wildlife
in and adjacent to the affected water body, the Board of Health may
order such a person or persons to cease and desist from the continuance
of such act or the continuance of permitting such act. In addition,
the Board of Health may order such person, or the owner of the subject
premises, to abate the said pollutant within such time as the Board
of Health may specify. If the person or owner does not comply with
the order of the Board of Health, the Board of Health may proceed
to abate the pollutant and may charge the owner of the premises for
the expenses incurred. The Board of Health may, in addition to any
other remedies, institute an action in the Superior Court for injunctive
relief.
[Ord. No. BH 99-1]
Nothing herein contained shall be deemed to limit the Board
of Health from exercising any other right or power granted by Federal,
State or local government law to effectuate the purpose of this chapter
or to protect the health of the community.
[Ord. No. BH 99-1]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be liable to a penalty of not less than $5
nor more than $500.
[Ord. No. BH 99-1]
In the event that any section, sentence or clause of this chapter
shall be deemed unconstitutional by a Court of competent jurisdiction,
such declaration shall not in any manner prejudice the enforcement
of the remaining sections.
