[Ord. No. 2005-#17 § 1]
The Planning Board of the Borough of Ringwood does herein find
and determine 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 primarily within fractured
bedrock, which water serves as a "sole source" aquifer as defined
in 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 for Ringwood and other municipalities.
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. No. 2005-#17 § 1]
The purpose of this chapter is to establish development regulations
that will 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. The purpose of this chapter is also to
prevent the migration of potential pollutants from areas within a
Well Head Protection Area into groundwater that is withdrawn from
a public community well.
[Ord. No. 2005-#17 § 1]
The Borough of Ringwood 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.
[Ord. No. 2005-#17 § 1]
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 the presence of any harmful or deleterious substances
in the water supply.
As defined in the MLUL.
As defined in the MLUL.
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 the Water Pollution Control Act of the United
States 33 U.S.C. 1251 et seq., as amended.
Shall mean water contained in interconnected pores of a saturated
zone in the ground, also known as well water.
Shall mean any substance designated under 40 C.F.R. 116 pursuant
to Section 311 of the Federal Act, the Spill Compensation and Control
Act, N.J.S.A. 58:10-23.11 et seq., or 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.A.C. 7:26-8, or 40 C.F.R. 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 "Municipal Land Use Law" of the State of New Jersey,
N.J.S.A. 40:55D-1 et seq.
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 context 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 chapter Potential Pollutant
Sources are defined in Section VII.[1]
Shall mean a public water supply well which serves at least
15 service connections used by year-round residents or regularly serves
at least twenty-five-year-round residents.
Shall mean a public community well within a well head protection
area.
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 the New Jersey Water Pollution Control Act, N.J.S.A.
58:10A-1 et seq.
Shall mean that area of land within a WHPA from which groundwater may enter the well within two years. (See map referenced under Section 39-5.)
Shall mean that area of land within a WHPA from which groundwater may enter the well within five years. (See map referenced under Section 39-5.)
Shall mean that area of land within a WHPA from which groundwater may enter the well within 12 years. (See map referenced under Section 39-5.)
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 public community well, from which groundwater flows to the well and where groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well. WHPA's are delineated below in Section 39-5.
[1]
Editor's Note: Section VII refers to Section VII of the
New Jersey Safe Drinking Water Act.
[Ord. No. 2005-#17 § 1]
a.
The delineations of WHPA's 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 chapter. The delineations are: New Jersey Well
Head Protection Areas, Edition 2, Geospatial Data Presentation, New
Jersey Digital Data Series, DGS02-2, dated June 18, 2002. A map of
the WHPA's located within Ringwood is included as part of this
chapter, and is appended as Exhibit A,[1] and is adopted as of the effective date of this chapter.[2] Maps of the Municipality on which these WHPA delineations have been overlain shall be on file and maintained by the offices of the Clerk of Ringwood and shall be deemed to be amendments to the Zoning Map as described in subsection 40-3.2 of the Revised Ordinances of the Borough of Ringwood.
[1]
Editor's Note: Exhibit A, referred to herein, may be found attached to this chapter.
[2]
Editor's Note: Ordinance No. 2005-#17, codified herein,
was adopted July 19, 2005.
b.
As shown on the maps described above, WHPA's shall be considered
to be superimposed over any other zoning district established by a
Development Regulation of the Borough of Ringwood. Land in a WHPA
may be used for any purpose permitted in the underlying district,
subject to the additional restrictions in this chapter.
[Ord. No. 2005-#17 § 1]
a.
Properties located wholly or partially within a Well Head Protection
Area shall be governed by the restrictions applicable to the Well
Head Protection Area.
b.
Any applicant for a development which is subject to review under
the provisions of the MLUL and other Development Regulations of Ringwood,
and which involves a PPS located within a WHPA, shall comply with
the requirements of this chapter.
c.
Any development that introduces a Major or Minor PPS shall be prohibited
within a Tier 1 WHPA.
d.
Any development that introduces a Major PPS shall be prohibited within
a Tier 2 WHPA.
f.
Any applicant proposing any development that involves any PPS, that would be located either wholly or partially within any WHPA, shall submit an Environmental Impact Statement as required under Chapter 37, and shall demonstrate to the satisfaction of the reviewing land use body, that the proposed use and/or activity employs, to the maximum extent possible, Best Management Practices as set forth in Section 39-7, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination.
g.
This chapter is supplementary to other laws and ordinances 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.
[Ord. No. 2005-#17 § 1]
Any applicant proposing any development that involves any PPS
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 development 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 and flooding.
c.
Stormwater shall be managed to prevent contamination of groundwater,
and in accordance with applicable laws and regulations of the State
of New Jersey and of the Borough of Ringwood.
d.
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, secondary containment and/or diversionary
structures are required. Examples of such structures include but are
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.
Weirs, booms and other barriers.
5.
Collection systems such as lined diversion ponds, lined lagoons,
lined retention basins, holding tanks, sumps and slop tanks.
6.
Drip pans.
e.
Secondary containment and/or diversionary structures must meet the
following design standards:
1.
Block all routes by which spilled hazardous substances could be expected
to flow, migrate, or escape into the groundwater or surface waters.
2.
Possess 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.
Be made of or lined with impermeable materials sufficient to contain
the hazardous substance or hazardous waste 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 and/or diversion
structure 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 pretreatment facility,
or other NJDEP approved facility.
5.
Catchment basins, lagoons and other containment areas that may contain
hazardous substances shall not be located in a manner that would subject
them to flooding by natural waterways.
f.
Locations of the following structures must be sited as follows:
1.
Sanitary sewer lines, industrial waste lines and stormwater lines
must be located at least 100 feet from a regulated well, and must
be constructed of watertight construction (i.e.: 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.
[Ord. No. 2005-#17 § 1]
The following are Major and Minor Potential Pollutant Sources
(PPS) subject to the requirements of this chapter. This listing is
consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. sections
7:10-11.7 through 12.12.
a.
Major PPS's include:
1.
Permanent storage or disposal of hazardous wastes, industrial wastes,
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.
Underground storage of a hazardous substance or waste equal to or
greater than an aggregate total of 50 gallons.
4.
Underground storage 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 equal to or greater than 2,000 gallons.
6.
Any industrial treatment facility lagoon.
7.
Any facility listed in Exhibit B.[1]
[1]
Editor's Note: Exhibit B, 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 and/or 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/or scrap metal facility.
21.
Residential or agricultural motor fuel in NJDEP exempted underground
storage tanks (i.e., under 1,000 gallons).
b.
Minor PPS's include:
1.
Underground storage of hazardous substance or hazardous 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 Section 39-7e).
6.
Septic leaching field; except for a septic leaching field in connection
with one single-family dwelling.
7.
Facility requiring a groundwater discharge permit issued by the NJDEP
pursuant to N.J.A.C. 7:14A et seq.
8.
Stormwater retention basin or stormwater recharge basin.
10.
Waste oil collection, storage and/or recycling facility.
11.
Agricultural chemical bulk storage and mixing or loading facility
including crop dusting facilities.
12.
Aboveground storage of hazardous substance or waste in quantities
of less than 2,000 gallons.
[Ord. No. 2005-#17 § 1]
a.
The provisions of this chapter shall be administered by the Planning
Board or the Board of Adjustment as a development regulation under
MLUL.
b.
Before any application for development is declared complete, such
application shall be referred by the Planning Board or Board of Adjustment
to the Health Officer of the Borough for a report to compliance by
the development with this chapter and with any ordinances regulating
WHPA's adopted by the Board of Health and such report shall have
been submitted to the Planning Board or Board of Adjustment. This
requirement is hereby added to the checklist of submission requirements
for such applications.
c.
Nothing in this chapter shall be construed to preclude the Board
of Health from adopting ordinances regulating WHPA's and to initiate
legal proceedings pursuant to N.J.S.A. 26:3A-25.
d.
Any violation of any section or subsection of this chapter shall be deemed to be a violation of a development regulation of the Borough and shall be enforced in accordance with the requirements of such development regulation and the MLUL, except that the provisions of Section 39-9e, f, and g shall supersede any such development regulation with respect to a violation of this chapter if those provisions are more restrictive.
e.
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 pursuant to this chapter.
f.
Any person violating any provision of this chapter shall be subject
to a fine not exceeding $1,250, imprisonment for up to 90 days, or
any combination of these penalties in the discretion of the Judge
of the Municipal Court of the Borough of Ringwood.
g.
Each day a violation continues shall be considered a separate offense.
[Ord. No. 2005-#17 § 1]
This chapter is an overlay ordinance and is supplementary to
other laws and ordinances of the Borough of Ringwood. Where this chapter
or any portion thereof imposes a greater restriction than is imposed
by other laws and ordinances, the provision of this chapter shall
supersede.
