[Ord. No. 2017-26]
The Governing Body of Lakewood Township finds that:
The ground water underlying this municipality is a major source of existing and future water supplies, including drinking water. The ground water underlying this municipality, the Kirkwood-Cohansey geological formation, is identified by the NJDEP Water Supply Administration as a deficit/critical water supply planning area (Planning Area 15 and 16).
The ground water 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.
Accidental spills and discharges of toxic and hazardous materials may threaten the quality of these ground water supplies and related water sources.
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.
Ground water is vulnerable to contamination from certain uses of or activities on land, and once contaminated, ground water, in general, is difficult and expensive to clean. If ground water becomes very contaminated, it may be necessary to locate alternative sources of drinking water.
In the interest of safeguarding drinking water sources, protecting the health of the public and protecting the economic interest of the community in its drinking water supply, it is prudent to prevent contamination of ground water by regulating or prohibiting certain land uses or activities and restricting the proximity of certain materials to sources of water supplies, such as public wells.
[Ord. No. 2017-26]
The purpose of this chapter is to protect the public health, safety and welfare through the regulation of the land use and the storage, handling, use and/or production of hazardous substances and hazardous wastes within areas of land surrounding each public community and non-transient non-community well, known as Well Head Protection Areas (WHPAs). This chapter provides for 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. WHPAs are the delineated areas where contaminants move through the ground and can be withdrawn in water taken from wells. The purpose of the restrictions contained in this chapter is to prevent the migration of potential pollutants from areas within a WHPA into groundwater that is withdrawn from a public community and non-transient non-community wells.
[Ord. No. 2017-26]
The municipality of Lakewood Township 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. Under provisions of the Underground Storage of Hazardous Substances Act, N.J.S.A. 13:1D et seq., Lakewood Township may adopt, with State approval, a municipal ordinance that is more stringent than N.J.A.C. 7:14B but is obligated to ensure the provisions of the ordinance are not carried out in a manner that is inconsistent with N.J.A.C. 7:14B. The Board of Health of this municipality has autonomous power granted by the State Legislature to develop this ordinance 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. No. 2017-26]
- ADMINISTRATIVE AUTHORITY
- 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 and ordinance.
- Person applying to the Board of Health, Planning Board, Board of Adjustment or the Construction Office and proposing to engage in an activity that is regulated by the provisions of this chapter, that would be located within a regulated well head protection area.
- 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.
- BEST MANAGEMENT PRACTICES (BMP)
- Performance or design standards established to minimize the risk of contaminating ground water or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
- The presence of any harmful or deleterious substances in the water supply.
- The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
- 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.
- GROUND WATER
- 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.
- HAZARDOUS SUBSTANCE
- Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 [Clean Water Act] (Public Law 92-500; 33 U.S.C. 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.ll et seq., or "hazardous pollutant" as defined by the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.). Substances listed include petroleum, petroleum products, pesticides, solvents, sewage and sewage sludge and other substances.
- HAZARDOUS WASTE
- 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.A.C. 7:26-8, or 40 CFR Part 261.
- MAXIMUM CONTAMINANT LEVEL (MCL)
- Maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of ultimate user of a public water system or other water system to which state primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition. (New Jersey Safe Drinking Water Act N.J.A.C. 7:10)
- New Jersey Department of Environmental Protection.
- 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.
- POLLUTED WATER
- Drinking water exceeding a Federal and/or State maximum contaminant level (MCL).
- POTENTIAL POLLUTANT SOURCE (PPS)
- An activity or land use which may contribute to contamination to a source of drinking water. For the purposes of this chapter Potential Pollutant Sources are defined in subsection BH21-1.7.
- PUBLIC COMMUNITY WELL
- 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, or as defined pursuant to the NJ Safe Drinking Water Act Rules at N.J.A.C. 7:10.
- PUBLIC NON-COMMUNITY WATER SYSTEM
- A public water system that is not a public community water system and is either a "public non-transient non-community water system" or a "public transient non-community water system" as defined in this section, or as defined pursuant to the NJ Safe Drinking Water Act Rules at N.J.A.C. 7:10.
- PUBLIC NON-TRANSIENT NON-COMMUNITY WELL
- A non-community public water supply well that is not a public community well and that regularly serves at least 25 of the same persons for more than six months in any given calendar year, or as defined pursuant to the NJ Safe Drinking Water Act Rules at N.J.A.C. 7:10.
- PUBLIC WATER SYSTEM
- A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days out of the year. Such term includes any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "public community water system" or a "public non-community water system" as defined in this section, or as defined pursuant to the NJ Safe Drinking Water Act Rules at N.J.A.C. 7:10.
- SOLE SOURCE AQUIFER
- 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.
- TIER 1 WELL HEAD PROTECTION AREA
- The area, described in plan view around a well, from which ground water is reasonably likely to flow to the well within two years. It extends from the well to the boundary established to represent the two-year time of travel. (See maps referenced under subsection BH21-1.5.)
- TIER 2 WELL HEAD PROTECTION AREA
- The area, described in plan view around a well, from which groundwater is reasonably likely to flow to the well within five years. It extends from the perimeter of Tier 1 to the boundary representing the five-year time of travel. (See maps referenced under subsection BH21-1.5.)
- TIER 3 WELL HEAD PROTECTION AREA
- The area, described in plan view around a well, from which groundwater is reasonably likely to flow to the well within 12 years. It extends from the perimeter of Tier 2 to the outer boundary representing the twelve-year time of travel. (See maps referenced under Section BH21-1.5.)
- TIME OF TRAVEL (TOT)
- The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping
- WELL HEAD
- The well borehole and appurtenant equipment.
- WELL HEAD PROTECTION AREA (WHPA)
- An area described in plan view around a well, from which ground water is reasonably likely to flow to the well and through which ground water pollution, if it occurs, is reasonably likely to pose a significant threat to the water quality of a well.
[Ord. No. 2017-26]
Well Head Protection Area Maps:
The delineations of Well Head Protection Areas for public community wells and public non-transient non-community wells, which were published by the New Jersey Geological and Water Survey of the New Jersey Department of Environmental Protection, as amended and supplemented, are incorporated herein and made a part of this chapter. The Department of Environmental Protection will periodically update the WHPA maps and these maps, published by the New Jersey Geological and Water Survey, will be available at the web-site: www.state.nj.us/dep/njgs/geodata. The most recent WHPA maps available through the New Jersey Geological and Water Survey should replace the maps adopted by reference in this chapter. A map of the Well Head Protection Areas located within Lakewood Township is included as part of this chapter, is appended as Figure 1, and is adopted as of the effective date of this chapter. Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the offices of the Clerk of Lakewood Township, and of the Construction Office of Lakewood Township.
Well Head Protection Areas, as shown on the maps described in subsection BH21-1.5a1, or as periodically updated and delineated by the Department of Environmental Protection and published by the New Jersey Geological Survey 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 restrictions presented herein.
Assignment of Restrictions 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 most restrictive Well Head Protection Area Tier, if partially within one or more Tiers.
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 for local well head protection in this municipality shall be incorporated into the Master Plan. A technical report on the need for well head protection in Lakewood Township shall be adopted as part of the Master Plan [N.J.S.A. 40:55D-28b(11)]. The technical report shall include the following information:
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 and public non-transient non-community wells.
Reference to the method used to delineate the Well Head Protection Areas according to the "tiered" level of protection for public community wells and public non-transient non-community wells based upon the time of travel of ground water, as developed by the New Jersey Geological and Water Survey.
[Ord. No. 2017-26]
The Administrative Authority for administering the provisions of this chapter shall be the Planning Board or Board of Adjustment and the Board of Health of Lakewood Township acting jointly and in consultation.
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 Lakewood Township, and which is located wholly or partially within a delineated WHPA, as defined in subsection BH21-1.5, that involves a Potential Pollutant Source, as defined in subsection BH21-1.7, shall comply with the requirements of this chapter.
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this chapter, shall file an Operations and Contingency Plan, as required by subsection BH21-1.9, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this chapter, 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 office of the Clerk of Lakewood Township, and shall be available to the public for inspection.
Any change in land use or activity that introduces a Major or Minor Potential Pollutant Source, as defined in subsection BH21-1.7, shall be prohibited within a Tier 1 WHPA.
Any change in land use or activity that introduces a Major PPS, as defined in subsection BH21-1.7, shall be prohibited within a Tier 2 WHPA.
This chapter is supplementary to other laws and ordinance in this municipality. Where this chapter or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this chapter shall supersede. These Rules and Regulations shall in no way affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.
The use limitations noted herein shall be considered as limitations stipulated in the permitted list of uses in each zone. The activities regulated herein shall be considered limitations accessory to permitted uses in each zone.
[Ord. No. 2017-26]
The following are Major and Minor Potential Pollutant Sources subject to the requirements of this chapter. These listings are consistent with the New Jersey Safe Drinking Water Act regulations [N.J.A.C. 7:10-11.4(a)4]. The Administrative Authority of Lakewood Township may determine whether a proposed change in land use or activity is a Major or Minor Potential Pollutant Source.
Any sanitary sewer lines, industrial waste lines and storm water lines are prohibited within 50 feet of a well. Any such line within 100 feet of a well shall be constructed of completely watertight construction (that is steel, reinforced concrete, cast iron, PVC or other suitable material).
Manhole and/or connections to a sanitary sewer system are prohibited within 100 feet of a regulated well.
Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties not listed in Appendix A are permitted in any Tier but may be located no closer than 100 feet to a regulated well.
Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with subsection BH21-1.8 herein and shall be located no closer than 100 feet to a regulated well. The new aboveground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent properties.
An aboveground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with subsection BH21-1.8 herein and shall be located no closer than 100 feet to a public community or public non-transient non-community well.
[Ord. No. 2017-26]
Any applicant proposing any change in land use or activity that involves any Major or Minor PPS, as defined in subsection BH21-1.7, which would be located either wholly or partially within any WHPA shall demonstrate that they have applied for all required State permits or control documents. No final approvals under the authority of the Municipal Land Use Law shall be issued until all required State permits or control documents are issued final. Underground storage tanks regulated at N.J.A.C. 7:14B shall be operated in accordance with N.J.A.C. 7:14B.
Unless otherwise prohibited pursuant to this chapter, any activity that involves any Major or Minor PPS, which 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:
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 ground water or surface waters.
Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows and the 1% (i.e. 100-year) flood event.
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:
Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances, for the duration of a spill event.
Gutter, culverts and other drainage systems.
Weirs, booms and other barriers.
Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.
Secondary containment and/or diversionary systems, structure or equipment shall meet the following standards:
The system shall block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the ground water or surface waters.
The system shall 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.
In order to prevent the discharge of hazardous substances into ground water, 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.
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, or other NJDEP approved facility.
Catchment basins, lagoons and other containment areas that may contain hazardous substances shall not be located in a manner that would subject them the 1% (i.e. 100- year) flood.
Stormwater shall be managed so as to prevent contamination of ground water, and in accordance with all applicable laws and regulations of the State of New Jersey, and of Lakewood Township.
[Ord. No. 2017-26]
Any applicant proposing any change in land use or activity that involves any PPS, as defined in subsection BH21-1.7 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:
Types of PPS proposed for the site;
Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;
Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into ground water;
Means to be used to contain or remediate accidental spillage of such materials;
Means to notify Administrative Authority about any accidental spillage of such materials;
Demonstration that the proposed use and/or activity is not prohibited by this chapter or that it would employ, to the maximum extent possible, best management practices as set forth in subsection BH21-1.8, to protect ground water quality in the WHPA and minimize the risk of potential ground water contamination.
The Administrative Authority shall review, and shall approve or reject any Operations and Contingency Plan prior to approving or denying the application for a land use change or activity.
Any Operations and Contingency Plan submitted shall be available for public review and comment.
[Ord. No. 2017-26]
A prompt investigation shall be made by the appropriate personnel of the Construction or Engineering Office of Lakewood Township, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this chapter 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, by the filing and serving of appropriate process. Nothing in this chapter 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 chapter 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 chapter. Each day a violation continues shall be considered a separate offense.