[Ord. #06-17, S I]
The Governing Body of the Borough of North Plainfield finds
that:
a.
The groundwater underlying this municipality is a major source of
existing and future water supplies, including drinking water. The
groundwater underlying this municipality lies within the Buried Valley
Aquifer Systems of the Central Passaic River Basin, which are designated
as a "solesource" aquifer under Section 1424(e) of the Federal Safe
Drinking Water Act of 1974.
b.
The groundwater aquifers are integrally connected with, are recharged
by, and flow into the surface waters, lakes and streams, which also
constitute a major source of water for drinking, commercial and industrial
needs.
c.
Accidental spills and discharges of toxic and hazardous materials
may threaten the quality of these groundwater supplies and related
water sources.
d.
Contaminated water from any source is a detriment to the health,
welfare and comfort of the residents of this municipality, and other
users of these water resources.
e.
Spills or discharges of hazardous substances or hazardous wastes
may contaminate or pollute water. As a preventive measure, the proximity
of such materials to sources of water supplies, such as public community
wells, should be restricted so that there will be sufficient time
to find and clean up such spills or discharges before water supplies
become contaminated.
[Ord. #06-17, S II]
The purpose of this section is to protect the public health,
safety and welfare through the protection of the groundwater resources
underlying the municipality to ensure a supply of safe and healthful
drinking water for the present and future generations of local residents,
employees and the general public in this municipality, as well as
users of these water supplies outside this municipality. Areas of
land surrounding each public community well, known as Well Head Protection
Areas (WHPAs), from which contaminants may move through the ground
to be withdrawn in the water taken from the well, have been delineated.
Through regulation of land use, physical facilities and other activities
within these areas, the potential for groundwater contamination can
be reduced. The purpose of the regulations contained in this section
is to prevent the migration of potential pollutants from areas within
a WHPA into groundwater that is withdrawn from a public community
well.
[Ord. #06-17, S III]
The municipality of the Borough of North Plainfield is empowered
to regulate these activities under the provisions of the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes
each municipality to plan and regulate land use to secure a safe and
adequate drinking water supply for its residents. The Board of Health
of this municipality has autonomous power granted by the State Legislature
to develop this section to protect public health, safety and welfare,
as set forth in the New Jersey Local Boards of Health Law, N.J.S.A.
26:3-1 et seq., and the New Jersey County Environmental Health Act,
N.J.S.A. 26:3A2-21 et seq.
[Ord. #06-17, S IV]
Shall mean the Planning Board or Board of Adjustment and
the Board of Health, acting jointly and in consultation, with all
of the powers delegated, assigned, or assumed by them according to
statute or ordinance.
Shall mean person applying to the Board of Health, Planning
Board, Board of Adjustment or the Construction Office proposing to
engage in an activity that is regulated by the provisions of this
section, and that would be located within a regulated Well Head Protection
Area.
Shall mean a formation, group of formations, or part of a
formation that contains sufficient saturated permeable rock, sand,
or gravel which is capable of storing and transmitting usable quantities
of water to wells and springs.
Shall mean performance or design standards established to
minimize the risk of contaminating groundwater or surface waters while
managing the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
Shall mean the presence of any harmful or deleterious substances
in the water supply.
Shall mean the carrying out of any construction, reconstruction,
alteration of surface or structure or change of land use or intensity
of use.
Shall mean any intentional or unintentional action or omission,
unless pursuant to and in compliance with the conditions of a valid
and effective Federal or State Permit, resulting in the releasing,
spilling, pumping, pouring, emitting, emptying or dumping of a hazardous
substance into the waters or lands of the State or into waters outside
the jurisdiction of the State when damage may result to the lands,
waters or natural resources within the jurisdiction of the State.
Shall mean water contained in interconnected pores of a saturated
zone in the ground, also known as well water. A saturated zone is
a volume of ground in which the voids in the rock or soil are filled
with water at a pressure greater than atmospheric.
Shall mean any substance designated under 40 CFR 116 pursuant
to Section 311 of the Federal Act, the Spill Compensation and Control
Act, N.J.S.A. 58:10-23,II et seq., or Section 4 of the State Act.
Substances listed include petroleum, petroleum products, pesticides,
solvents and other substances.
Shall mean any solid waste that is defined or identified
as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A.
13:1E et seq., N.J.S.A. 7:26-8, or 40 CFR Part 261.
Shall mean maximum permissible level of a contaminant in
water which is delivered to any user of a public community water system.
Shall mean any New Jersey Department of Environmental Protection.
Shall mean any individual, public or private corporation,
company, partnership, firm, association, owner or operator, political
subdivision of this State, and any State, Federal or interstate agency
or an agent or employee thereof.
Shall mean, in the content of drinking water, water is polluted
when a pollutant is present in excess of a maximum contaminant level
or bacteriological limit established by law or regulation.
Shall mean activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this section Potential Pollutant Sources are defined in Subsection 22-137.7.
Shall mean Potential Pollutant Source.
Shall mean a public water supply well which serves at least
15 service connections used by year-round residents or regularly serves
at least 25 year-round residents.
Shall mean Standard Industrial Classification.
Shall mean any drinking water aquifer upon which more than
50% of a population group depends and for which there is no practicable
or affordable alternate water supply, as certified by the United States
Environmental Protection Agency.
Shall mean that area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection 22-137.5)
Shall mean that area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection 22-137.5)
Shall mean that area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection 22-137.5)
Shall mean the average time that a volume of water will take
to travel in the saturated zone from a given point to a pumping well.
Shall mean the well borehole and appurtenant equipment.
Shall mean an area described in plan view around a well,
from which groundwater flows to the well and groundwater pollution,
if it occurs, may pose a significant threat to the quality of water
withdrawn from the well.
Shall mean Well Head Protection Area.
[Ord. #06-17, S V]
a.
Well Head Protection Area Maps:
1.
The delineations of Well Head Protection Areas for public community
wells, which were published by the New Jersey Geological Survey of
the New Jersey Department of Environmental Protection, are incorporated
herein and made a part of this section. They are designated as follows:
New Jersey Well Head Protection Areas, Edition 2, Geospatial Data
Presentation, New Jersey Digital Data Series, DGS02-2, dated 18 June
2002. A description of these data, which has been excerpted from these
materials, is appended as Appendix B. A map of the Well Head Protection
Areas located within the Borough of North Plainfield is included as
part of this section, and is appended as Figure 1, and is adopted
as of August 14, 2006. Maps of the municipality on which these delineations
have been overlain shall be on file and maintained by the officers
of the Clerk of the Borough of North Plainfield, and of the Board
of Health of the Borough of North Plainfield.[1]
[1]
Editor's Note: Appendix B, referred to herein, is included as an attachment to this chapter.
2.
Well Head Protection Areas, as shown on the maps described in Section 22-137.5a1, shall be considered to be superimposed over any other established zoning district. Land in a Well Head Protection Area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.
b.
Assignment of Restriction Within Well Head Protection Areas: Properties
located wholly or partially within a Well Head Protection Area shall
be governed by the restrictions applicable to the Well Head Protection
Area.
c.
Inclusion of Well Head Protection Area Zoning into Master Plan: The
municipal Master Plan provides the legal basis for zoning and land
use regulation at the local level. The technical foundation or local
well head protection in this municipality should be incorporated into
the Master Plan. A technical report on the need for well head protection
in the Borough of North Plainfield may be adopted as part of the Master
Plan (N.J.S.A. 40:55D-28b(11)). The technical report should include
the following information:
1.
A statement setting forth the rationale and need to protect the public
water supply through a program of well head protection for public
community wells.
2.
Reference to the method used to delineate the Well Head Protection
Areas (WHPAs) according to the "tiered" level of protection for public
community wells based upon the time of travel (TOT) of groundwater,
as developed by the New Jersey Geological Survey.
[Ord. #06-17, S VI]
a.
The Administrative Authority for administering the provisions of
this section shall be the Planning Board or Board of Adjustment and
the Board of Health of the Borough of North Plainfield acting jointly
and in consultation.
b.
Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Borough of North Plainfield, and which is located within a delineated WHPA, as defined in Subsection 22-137.5, that involves a Potential Pollutant Source (PPS), as defined in Subsection 22-137.7, shall comply with the requirements of this section.
c.
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this section, shall file an Operations and Contingency Plan, as required by Subsection 22-137.9, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this section, shall be granted unless an Operations and Contingency Plan for the proposed change has been approved by the Administrative Authority. Any plan approved by the Administrative Authority shall be kept on file in the offices of the Borough of North Plainfield, and shall be available to the public for inspection.
d.
Any change in land use or activity that introduces a Major or Minor Potential Pollutant Source (PPS), as defined in Subsection 22-137.7 shall be prohibited within a Tier 1 WHPA.
e.
Any change in land use or activity that introduces a Major PPS, as defined in Subsection 22-137.7, shall be prohibited within a Tier 2 WHPA.
g.
This Section is supplementary to other laws and ordinances in this
municipality. Where this section or any portion thereof imposes a
greater restriction than is imposed by other regulations, the provisions
of this section shall supersede. These rules and regulations shall
in no way effect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
[Ord. #06-17, S VII]
The following are Major and Minor Potential Pollutant Sources
(PPS) subject to the requirements of this section. This listing is
consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7
through 12.12.
a.
Major PPSs. Major PPSs include:
1.
Permanent storage or disposal of hazardous wastes, industrial or
municipal sludge or radioactive materials, including solid waste landfills.
2.
Collection and transfer facilities for hazardous wastes, solid wastes
that contain hazardous materials and radioactive materials.
3.
Any use or activity requiring the underground storage of a hazardous
substance or waste in excess of an aggregate total of 50 gallons.
4.
Underground fuel and chemical storage and oil tanks regulated by
NJDEP under provisions of the Underground Storage of Hazardous Substances
Act (N.J.S.A. 58:10A-21 et seq.).
5.
Aboveground storage facility for a hazardous substance or waste with
a cumulative capacity greater than 2,000 gallons.
6.
Any industrial treatment facility lagoon.
7.
Any facility with a SIC Code number included under the New Jersey
Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table
II(N), with a toxicity number of II or greater. (See Appendix A).[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
8.
Automotive service center (repair and maintenance).
9.
Landfill.
10.
Dry cleaning facility.
11.
Road salt storage facility.
12.
Cemetery.
13.
Highway maintenance yard.
14.
Truck, bus, locomotive maintenance yard.
15.
Site for storage and maintenance of heavy construction equipment
and materials.
16.
Site for storage and maintenance of equipment and materials
for landscaping.
17.
Livestock operation.
18.
Quarrying and/or mining facility.
19.
Asphalt and/or concrete manufacturing facility.
20.
Junkyard/auto recycling and scrap metal facility.
21.
Residential or agricultural motor fuel in NJDEP exempted underground
storage tanks (i.e., under 1,000 gallons).
b.
Minor PPSs. Minor PPSs include:
1.
Underground storage of hazardous substance or waste of less than
50 gallons.
2.
Underground heating oil storage tank with a capacity of less than
2,000 gallons.
3.
Sewage treatment facility.
4.
Sanitary sewer system, including sewer line, manhole, or pump station. (See conditions in Subsection 22-137.7c.)
6.
Septic leaching field.
7.
Facility requiring a groundwater discharge permit issued by the NJDEP
pursuant to N.J.A.C 7:14A et seq.
8.
Stormwater retention-recharge basin.
11.
Waste oil collection, storage and recycling facility.
12.
Agricultural chemical bulk storage and mixing or loading facility
including crop dusting facilities.
13.
Aboveground storage of hazardous substance or waste in quantities
of less than 2,000 gallons.
c.
Conditions:
1.
Sanitary sewer lines, industrial waste lines and stormwater lines
may be located no closer than 100 feet to a regulated well, and only
if they are constructed of watertight construction (that is steel,
reinforced concrete, cast iron, PVC or other suitable material).
2.
Manhole and/or connections to a sanitary sewer system are prohibited
within 10 feet of a regulated well.
3.
Dry wells dedicated to roof runoff and serving residential properties
or commercial or industrial properties with SIC codes not listed in
Appendix A may be located no closer than 100 feet to a regulated well.[2]
[2]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter
[Ord. #06-17, S VIII]
Any applicant proposing any change in land use or activity that involves any PPS, as defined in Subsection 22-137.7, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following Best Management Practices:
a.
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors, shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
b.
Outdoor storage, dispensing, loading, manufacturing or processing
areas of hazardous substances or hazardous wastes must be protected
from precipitation, stormwater flows or flooding.
c.
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but not
be limited to:
1.
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
2.
Curbing.
3.
Gutter, culverts and other drainage systems.
4.
Wiers, booms and other barriers.
5.
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
6.
Drip pans.
d.
Secondary containment and/or diversionary systems, structure or equipment
must meet the following standards:
1.
The system must block all routes by which spilled hazardous substances
could be expected to flow, migrate, or escape into the groundwater
or surface waters.
2.
The system must have sufficient capacity to contain or divert the
largest probable single discharge that could occur within the containment
area, plus an additional capacity to compensate for any anticipated
normal accumulation of rainwater.
3.
In order to prevent the discharge of hazardous substances into groundwater,
all components of the system shall be made of or lined with impermeable
materials sufficient to contain the substance for the duration of
a spill event. Such material or liner must be maintained in an impermeable
condition.
4.
No manufacturing area, processing area, transfer area, dike storage
area, or other storage area, or secondary containment/diversion system
appurtenant thereto shall drain into a watercourse, or into a ditch,
sewer, pipe or storm drain that leads directly or indirectly into
a surface or subsurface disposal area, unless provision has been made
to intercept and treat any spilled hazardous substances in an NJDEP
approved industrial wastewater treatment or pre-treatment facility,
of other NJDEP approved facility.
5.
Catchment basins, lagoons and other containment areas that may contain
hazardous substances should not be located in a manner that would
subject them to flooding by natural waterways.
e.
Stormwater shall be managed so as to prevent contamination of groundwater,
and so as to be in accordance with applicable law and regulations
of the State of New Jersey, and of the Borough of North Plainfield.
[Ord. #06-17, S IX]
a.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in Subsection 22-137.7, that would be located either wholly or partially within any WHPA shall submit an Operations and Contingency Plan to the Administrative Authority. This Operations and Contingency Plan shall inform the Administrative Authority about the following aspects of the proposal:
1.
Types of PPS proposed for the site;
2.
Types and quantities of hazardous substances or hazardous wastes
that may be used or stored on site;
3.
Means to be employed to contain or restrict the spillage or migration
of hazardous substances or hazardous wastes from the site into groundwater;
4.
Means to be used to contain or remediate accidental spillage of such
materials;
5.
Means to notify administrative authority about any accidental spillage
of such materials;
b.
The Administrative Authority shall review, and shall approve or reject
any Operations and Contingency Plan prior to approving or denying
the application for land use change or activity.
c.
Any Operations and Contingency Plan submitted shall be available
for public review and comment.
[Ord. #06-17, S X]
A prompt investigation shall be made by the appropriate personnel
of the Health Department of North Plainfield, of any person or entity
believed to be in violation hereof. If, upon inspection, a condition
which is in violation of this section is discovered, a civil action
in the Special Part of the Superior Court, or in the Superior Court,
if the primary relief sought is injunctive or if penalties may exceed
the jurisdictional limit of the Special Civil Part, may be commenced
by the filing and serving of appropriate process. Nothing in this
section shall be construed to preclude a municipality's right, pursuant
to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal
Court. The violation of any section or subsection of this section
shall constitute a separate and distinct offense independent of the
violation of any other section or subsection, or of any order issued
pursuant to this section. Each day a violation continues shall be
considered a separate offense.
