Editor's Note: Prior ordinance history includes Ordinance
Nos. BH 98/01 and BH 98/02.
[Ord. No. BH 08/02]
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, 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"), and the
New Jersey Department of Environmental Protection (NJDEP) Private
Well Testing Act Rules (N.J.A.C. 7:9E et seq.).
Shall mean the Board of Health of the Borough of Watchung.
Shall mean a licensed health officer, environmental health
specialist, or professional engineer appointed by the administrative
authority to represent it.
Shall mean drinking water for human consumption.
[Ord. No. BH 08/02]
a.
The requirements of this chapter shall pertain to all non-public
water systems in the Borough of Watchung, 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 construction permit shall be issued under Chapter XIII, Building
and Housing, of the Revised General Ordinances of the Borough of Watchung
for a change of ownership, change in use or tenancy 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.), the Private Well Testing Act (N.J.S.A. 58:12A-26
et seq.), and the NJDEP Private Well Testing Act Rules (N.J.A.C. 7:9E
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 municipal approval shall be
issued for any property which utilizes or is to utilize a non-public
water system until and unless the administrative authority shall have
issued all permits and approval required by the chapter.
[Ord. No. BH 08/02]
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, new 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 systems
shall be issued unless the administrative authority shall have certified
that the proposed water supply 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 N.J.A.C. 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 NJDEP.
3.
Evidence that any required diversion permits have been obtained from
NJDEP.
[Ord. No. BH 08/02]
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 the administrative authority or its authorized
representative shall have issued an approval. No property shall be
occupied and no certificate of occupancy shall be issued for any property
until and unless all required approvals shall have been issued by
the administrative authority in accordance with this chapter.
1.
Non-Public Water Systems. Applications for approvals of non-public
water systems shall be accompanied by:
(a)
A report on the well water collected and analyzed by a laboratory
duly certified by the NJDEP to conduct testing under the Safe Drinking
Water Act Regulations; and
(b)
The information and materials required by the applicable provisions
of N.J.A.C. 7:10-12.41, 7:10-12.42 and 7:10-12.43 of the Safe Drinking
Water Act Regulations; and
(c)
The materials and information required by the applicable provisions
of the Private Well Testing Act Rules (N.J.A.C. 7:9E et seq.); and
(d)
The analysis results of water sampling for the parameters defined
by the Private Well Testing Act Rules (N.J.A.C. 7:9E et seq.); and
b.
In the event of such a sale, lease or transfer within 12 months or
less of a valid prior approval of the non-public water system by the
administrative authority, the transferor need not obtain a new approval,
except that coliform (total and fecal) analytical results shall be
valid for a period of six months.
[Ord. No. BH 08/02]
All approvals issued by the administrative authority or its
authorized agent shall be valid for a maximum of six months and shall
be invalid thereafter. No property shall be occupied and no certificate
of occupancy or approval shall be issued for any property until and
unless all required approvals shall have been issued by the administrative
authority in accordance with this chapter.
[Ord. No. BH 08/02]
a.
Before the administrative authority shall issue a permit or approval
under this chapter, the owner of the property in question shall have
a sample of the well water collected and analyzed by a NJDEP certified
laboratory for testing under the Safe Drinking Water Act. All reports
of laboratory testing, in order to be acceptable under this chapter,
shall be accompanied by a chain of custody form.
b.
All sample collection, testing and analysis shall be in accordance
with the criteria and procedures established by NJDEP 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 name of the authorized representative who physically collected
the sample from the well;
4.
The date and time 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.
7.
In order to be acceptable for purposes of the issuance of a permit
or approval 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.
8.
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 after 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.
9.
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 closed to access according to law. In such cases, the
occupancy of such premises may be prohibited until a potable water
supply becomes available.
10.
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 after the treatment
and/or remediation has been provided. Such notification shall be accompanied
by a statement from a qualified individual and/or a professional engineer,
providing a detailed description of the treatment, process, equipment
and/or remediation provided to the well.
11.
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.
12.
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.
13.
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.
14.
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 approvals required by
this chapter.
[Ord. No. BH 08/02]
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 reasonable times with 24 hour notice based on the notice requirements of Section BH10-13 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.
[Ord. No. BH 08/02]
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. No cross-connection
between a public water supply and a non-public water supply shall
be permitted.
[Ord. No. BH 08/02]
The administrative authority may order any well or septic system
which is determined to be a source of pollution or to be polluted
or detrimental to the public health closed and its use discontinued
until such time as proper steps have been taken to the satisfaction
of the administrative authority or its authorized representative.
[Ord. No. BH 08/02]
In case any permit or approval required by this chapter is denied
by the administrative authority, or in case the administrative authority
issues an order of closure, a hearing shall be held thereon before
the administrative authority within 15 days after request thereof
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.
[Ord. No. BH 08/02]
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,
no further work shall be done thereon except in strict compliance
with all laws, regulations and ordinances.
[Ord. No. BH 08/02]
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 violations 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 (i) serving
a copy thereof on the property owner as shown on the current tax map
or his agent in charge of the property, or (ii) mailing a copy thereof
by certified mail to the property owner at his address as shown on
the said tax map.
