[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ground and can be withdrawn in water taken from wells.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]
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.
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.
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.
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.
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 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.
Drinking water exceeding a Federal and/or State maximum contaminant
level (MCL).
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.
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.
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.
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.
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.
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.
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.)
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.)
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.)
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping
The well borehole and appurtenant equipment.
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]
a.
Well Head Protection Area Maps:
1.
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.
2.
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.
b.
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.
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 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:
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 and public non-transient non-community wells.
2.
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]
a.
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.
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 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.
c.
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.
d.
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.
e.
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.
g.
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.
h.
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.
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.
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.
b.
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:
1.
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.
2.
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.
3.
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:
(a)
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
(b)
Curbing.
(c)
Gutter, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
(f)
Drip pans.
4.
Secondary containment and/or diversionary systems, structure or equipment
shall meet the following standards:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
5.
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]
a.
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:
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 ground
water;
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;
6.
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.
b.
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.
c.
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.
