[Adopted 3-17-1999 by Ord. No. BH:99-01[1]]
[1]
Editor's Note: This article also superseded Ord. No. BH:98-03, adopted 3-17-1999, which adopted provisions on the use of nonpublic water supplies.
A. 
As used in this article, words and terms shall have the meanings established in the potable water standards of the New Jersey Safe Drinking Water Act (N.J.S.A. 58:12A-1, et seq., hereinafter referred to as the "Safe Drinking Water Act") and the regulations promulgated pursuant to the authority thereof (N.J.A.C. 7:101.1, et seq., hereinafter referred to as the "Safe Drinking Water Act Regulations").
B. 
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AUTHORITY
The Readington Township Board of Health.
AUTHORIZED REPRESENTATIVE
A licensed health officer, registered environmental health specialist, or professional engineer appointed by the administrative authority to represent it.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
NONPUBLIC WATER SUPPLY SYSTEM
A water system that is not a public water system. A nonpublic water system includes any water system providing potable water to individual dwellings and any water system regularly serving fewer than 15 service connections or 25 individuals.
OWNER
An owner of the property involved or his/her authorized representative.
POTABLE WATER
Drinking water for human consumption.
A. 
The requirements of this article shall pertain to all nonpublic water systems in the Township of Readington, whether the property served thereby is used for residential, commercial, agricultural or industrial purposes.
B. 
No person may drill, construct or replace a well unless such person has obtained a well permit from the NJDEP.
C. 
The requirements of this article are in addition to and not in lieu of the applicable federal and state laws and regulations. In the event that any present or future federal or state law or regulation imposes standards more stringent than the requirements of this article, the more stringent standards shall govern.
A. 
No building permit shall be issued for any property, which is to utilize a nonpublic water system for its potable water supply, until and unless the owner has obtained the certification required by this article and the same remains valid.
B. 
No certificate of occupancy shall be issued for any property, which utilizes or is to utilize a nonpublic water system for its potable water supply, until and unless the owner has obtained the certification required by this article and the same remains valid.
C. 
There shall be no transfer of title to newly improved real property (new construction) which utilizes or is to utilize a nonpublic water system for its potable water supply, until and unless the owner has obtained the certification required by this article and the same remains valid.
D. 
No subdivision or site plan certification shall be issued by the administrative authority for a property which utilizes or is to utilize a nonpublic water system for its potable water supply, until and unless the owner has obtained the certification required by this article and the same remains valid.
A. 
The certification required by this article shall certify that the water supply system is in compliance with the provisions of the Realty Improvement Sewerage and Facilities Act as revised (N.J.S.A. 58:11-23, et seq.) and the standards for construction referred to therein, the Safe Drinking Water Act, the regulations promulgated thereunder, and this article.
B. 
Certifications issued under this article shall be valid for any of the activities described in Subsection A, B, C or D of § 277-22, above and shall remain valid for a period of one year from the date of issuance.
Applications for certifications shall be accompanied by:
A. 
A report of testing as specified in §§ 277-25 and 277-26 of this article on the well water volume and yield and the water quality of the samples collected; and
B. 
An application fee of $25 to cover the administrative cost of issuing the certification.
A. 
Before the administrative authority shall issue a certification under this article, the owner of the property in question shall have the water of each well for which certification is requested collected, tested and analyzed by a laboratory duly certified by the NJDEP for testing under the Safe Drinking Water Act. In order to be acceptable under this article, all reports of laboratory testing shall be forwarded directly by the laboratory to the administrative authority.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
B. 
All sample collection, testing and analysis shall be in accordance with the criteria and procedures established by NJDEP regulations. All tests for yield and volume shall be reported on the well record form provided by NJDEP with the issued well permit.
C. 
All reports of testing shall set forth the chain-of-custody of the samples tested and shall provide the following information:
(1) 
The lot and block number upon which the well is located and the reason for the sample;
(2) 
The name and address of all persons owning the property upon which the well is located;
(3) 
The laboratory employee or the laboratory's authorized representative who physically collected the sample from the well;
(4) 
The date and time that the water sample was collected;
(5) 
The specific point of collection of the water sample;
(6) 
The date and time the sample was analyzed by the laboratory; and
(7) 
A description of the tests taken and a certification of the results of such testing,
D. 
Maximum contaminant levels.
(1) 
In order to be acceptable for purposes of the issuance of a certification by the administrative authority, the water must meet the physical and chemical quality requirements and the bacteriological quality requirements, which follow:
Test Name
Maximum Contaminant Levels
Conform
0
Chem
5
pH
65 – 8.5
Nitrate
10 ppm
Iron
0.3 ppm
Manganese
.05 ppm
Hardness
50 – 250 mg/l
Volatile organics scan
See Appendices A, B and C, infra
(2) 
The administrative authority may require the owner to provide treatment of the water when the water supply does not meet any of the maximum contaminant levels specified in the State Primary Drinking Water Regulations, or when the exceedance of one or more standards in the State Secondary Drinking Water Regulations causes adverse effects on the consumers of that system's water.
(3) 
For convenience of reference and for informational purposes, the following regulations are set forth in appendices hereto, as follows:[1]
(a) 
Appendix A-1, Federal and NJ State Primary Drinking Water Standards.
(b) 
Appendix A-2, Federal and NJ State Primary Drinking Water Standards and Secondary Standards.
(c) 
Appendix B, National Primary Drinking Water Regulations.
(d) 
Appendix C, N.J.A.C. 7:10-5.2, Discretionary Changes to National Regulations.
(e) 
Appendix D, N.J.A.C. 7:10-12.6, Water Volume Requirements.
(f) 
Appendix E, Regulations for Pump Testing.
[1]
Editor's Note: The appendices are on file in the Township offices.
E. 
The number of test wells to be installed on a property to be subdivided shall be based upon anticipated water demand, characteristics of the aquifer, dependability of yield, water quality, and any pollutant, sources within the area of capture of the wells, but not numbering less than one test well for each 10 acres or fraction thereof (with a maximum of one test per lot or proposed lot).
F. 
In the event that a laboratory analysis of a water sample collected from any well reveals the presence of any contaminant exceeding the maximum contaminant levels referred to in the aforesaid regulations, the well shall be treated and/or remediated to eliminate the contamination condition, to the maximum extent practicable.
G. 
If any of the test wells are found to be not in compliance with the aforesaid potability standards or water volume or yield requirements, the administrative authority shall deny certification of the lot or proposed lot on which the tests were performed, until the condition is remediated further testing proves to be successful, or a public water supply becomes available.
H. 
The administrative authority shall have the right to order any new well, which does not meet the water volume or potability standards as required by this article, for which treatment and/or remediation is not practicable, abandoned and sealed according to law. In such cases the construction of a building upon or occupancy of such premises will be prohibited until such standards are met by another well on the premises, or a public water supply becomes available.
I. 
The administrative authority shall at all times have the right to order such additional testing as may be necessary to effectuate the standards of this article and the regulations set forth herein.
J. 
The cost of all testing required by the administrative authority or by this article shall be borne solely by the owner or occupant of the property in question and not by the administrative authority.
For major subdivision, in addition to the testing and reporting requirements of § 277-25 hereof, pump testing shall be performed as follows:
A. 
One pump test shall be performed for each major subdivision.
B. 
Pump testing, sampling and recording shall be performed in accordance with the standards for the construction and development of groundwater sources set forth at N.J.A.C. 7:10-11.7(k), which are hereby made applicable to major subdivisions involving the use of wells. A copy of this regulation is attached hereto as Exhibit E.[1]
[1]
Editor's Note: Exhibit E is on file in the Township offices.
The administrative authority shall have the power to make or cause to be made such inspections and tests as may be necessary to carry out the purposes of this article, and its authorized representatives shall at all times have the right to present proper identification and then enter upon lands upon which there is located a well or individual sewage disposal system for the purpose of inspecting and/or testing the same.
In case any permit or certification required by this article is denied by the administrative authority, or in case the administrative authority issues an order to close a well, a hearing shall be held thereon before the administrative authority within 15 days after request therefor is made by the applicant in writing, and upon such hearing, the administrative authority shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
The administrative authority may order all work in and about any nonpublic water system which is being erected, installed or altered in violation of the law, regulations, or this article, to be stopped forthwith, except such work as shall be determined by the administrative authority to be necessary to remedy such violation. After issuance of any such stop-work order and the service of a copy thereof upon any person connected with or working in or about the erection or installation of any such nonpublic water system, or any part thereof, no further work shall be done thereon except in strict compliance with all laws, regulations and ordinances.
Any person or persons, firm or corporation violating any of the provisions of this article or any order promulgated under this article shall, upon conviction thereof, pay a penalty of not less than $200 for each offense and an additional penalty of $25 for each day of continuance of the violation after notice of the violation shall have been given to such person or persons, firm or corporation by the administrative authority, to be collected and enforced by summary proceedings for the collection of penalties pursuant to the New Jersey Penalty Enforcement Law.[1] Such notice shall be given by: serving a copy thereof on the property owner as shown on the current tax map or his agent in charge of the property; or mailing a copy thereof by certified mail, return receipt requested, to the property owner at his address as shown on said tax map.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.