[Ord. No. 2017-26]
The Governing Body of Lakewood Township finds that:
a. 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).
b. 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.
c. Accidental spills and discharges of toxic and hazardous materials
may threaten the quality of these ground water 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. 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.
f. 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ground and can be withdrawn in water taken from wells.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.
APPLICANT
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.
AQUIFER
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.
CONTAMINATION
The presence of any harmful or deleterious substances in
the water supply.
DEVELOPMENT
The carrying out of any construction, reconstruction, alteration
of surface or structure or change of land use or intensity of use.
DISCHARGE
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)
NJDEP
New Jersey Department of Environmental Protection.
PERSON
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]
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.
a. Major Potential Pollutant Sources may include the types of facilities
and land uses listed in Appendix A.
b. Minor Potential Pollutant Sources may include the types of facilities
and land uses listed in Appendix B.
c. Conditions:
1. 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).
2. Manhole and/or connections to a sanitary sewer system are prohibited
within 100 feet of a regulated well.
3. 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.
4. 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.
5. 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]
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.