The governing body of Mountain Lakes finds that:
A. 
The groundwater underlying this municipality is a major source of existing and future water supplies, including drinking water.
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.
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.
The purpose of this article is to protect the public health, safety and welfare through the protection of our wellheads 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. Areas of land surrounding each public community well, known as "Wellhead Protection Areas" (WPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for groundwater contamination can be reduced. The purpose of the regulations contained in this article is to prevent the migration of potential pollutants from areas within a WPA into groundwater that is withdrawn from a public community well.
The Borough of Mountain Lakes 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. With the authority to implement the Water Resource Ordinance, Mountain Lakes Borough is also obligated to insure that its provisions are carried out in a manner which is consistent with N.J.A.C. 7:14B. The Health Department of this municipality has autonomous power granted by the State Legislature to develop this article 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.
As used in this article, the following terms shall have the meanings indicated below. Where a word is not otherwise defined herein, the definition set forth in Chapter 245, § 245-3 shall apply.
ADMINISTRATIVE AUTHORITY
The Planning Board or Board of Adjustment and the Health Department, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
Person applying to the Health Department, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this article that would be located within a regulated Wellhead 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 groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes as set out in § 102-32.5.
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.
DRY WELL
A subsurface storage facility that receives and temporarily stores roof runoff. A dry well may be either a structural chamber and/or an excavated pit filled with aggregate in accordance with the requirements of the Borough Engineer.
GROUNDWATER
Water contained in interconnected pores of a saturated zone in the ground.
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. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents 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
The maximum permissible level of a contaminant in water which is delivered to any user of a public community water system.
NAICS
North American Industrial Classification System pursuant to the North American Free Trade Agreement of 1993.
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.
POTENTIAL POLLUTANT SOURCE (PPS)
An 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 article, potential pollutant sources are defined in § 102-32.4.
PPS
Potential pollutant source.
PUBLIC COMMUNITY WELL
Groundwater well serving the public water system.
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 WELLHEAD PROTECTION AREA
That area of land within a WPA from which groundwater may enter the well within two years. (See maps referenced under § 102-32.2A.)
TIER 2 WELLHEAD PROTECTION AREA
That area of land within a WPA from which groundwater may enter the well within five years. (See maps referenced under § 102-32.2A.)
TIER 3 WELLHEAD PROTECTION AREA
That area of land within a WPA from which groundwater may enter the well within 12 years. (See maps referenced under § 102-32.2A.)
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.
WELLHEAD
The well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WPA)
An area described in plan view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
WPA
Wellhead Protection Area.
A. 
Wellhead Protection Area maps.
(1) 
The delineations of Wellhead Protection Areas are shown on a map entitled "Wellhead Protection Area - Borough of Mountain Lakes" dated February 3, 2014, which is adopted herein by reference. A copy of this map is available in the office of the Borough Clerk.
(2) 
Wellhead Protection Areas, as shown on the maps described in Subsection A(1), shall be considered to be superimposed over any other established zoning district. Land in a Wellhead Protection Area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.
B. 
Assignment of restriction within Wellhead Protection Areas. Properties located wholly or partially within a Wellhead Protection Area shall be governed by the restrictions applicable to the Wellhead Protection Area.
A. 
The Administrative Authority for administering the provisions of this article shall be the Planning Board or Board of Adjustment, Zoning Officer and the Health Department of Mountain Lakes 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 Mountain Lakes and which is located within a delineated WPA, as defined in § 102-32.2, that involves a potential pollutant source (PPS), as defined in § 102-32.4, shall comply with the requirements of this article.
C. 
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this article, shall file an operations and contingency plan, as required by § 102-32.6, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this article, 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 Health Department of Mountain Lakes, and shall be available to the public for inspection.
D. 
Any change in on-site land use or activity that adds a major or minor potential pollutant source (PPS), as defined in § 102-32.4, shall be prohibited within a Tier 1 WPA.
E. 
Any change in on-site land use or activity that adds a major PPS, as defined in § 102-32.4, shall be prohibited within a Tier 2 WPA.
F. 
Any change in on-site land use or activity that involves any PPS, as defined in § 102-32.4, within any WPA, that is not prohibited pursuant to Subsection D or E of this § 102-32.3, shall comply with the best management practice standards, as defined in § 102-32.5.
G. 
Exemptions:
(1) 
Retail sales establishments that store and handle hazardous materials for resale in their original containers. This exemption shall not preclude the submission of a best management practices and the operations and contingency plan in accordance with §§ 102-32.5 and 102-32.6.
(2) 
Police, fire and emergency medical service facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with §§ 102-32.5 and 102-32.6).
(3) 
Municipal, county and state government facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with §§ 102-32.5 and 102-32.6).
(4) 
The use of any hazardous material solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.
(5) 
The transportation of a hazardous material through the WPA, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such hazardous material.
(6) 
Preexisting facilities, but not expansion of same, that would qualify as a continuance of an existing nonconforming use.
(7) 
A NJDEP-approved discharge to groundwater permit (DGW) for remediation of groundwater clean up in any Tier WPA.
H. 
This article is supplementary to other laws and ordinances in this municipality. Where this article or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this article 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.
I. 
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.
The following are major and minor potential pollutant sources (PPS) subject to the requirements of this article. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 7:10-12.12.
A. 
Major PPSs include:
(1) 
Permanent storage or disposal of hazardous wastes, industrial or 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) 
Any use or activity requiring the underground storage of a hazardous substance or waste greater than an aggregate total of 50 gallons and regulated by NJDEP under provisions of the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
(4) 
Aboveground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.
(5) 
Any industrial treatment facility lagoon.
(6) 
Automotive service center (repair and maintenance).
(7) 
Landfill.
(8) 
Dry-cleaning facility (except retail distribution only of dropoff and pickup of dry cleaning only).
(9) 
Road salt storage facility.
(10) 
Cemetery or funeral homes or such facilities with embalming facilities.
(11) 
Truck or bus maintenance yard.
(12) 
Site for storage and maintenance of heavy construction equipment and materials.
(13) 
Site for storage and maintenance of equipment and materials for landscaping.
(14) 
Livestock operation.
(15) 
Quarrying and/or mining facility.
(16) 
Asphalt and/or concrete manufacturing facility.
(17) 
Junkyard/auto recycling and scrap metal facility.
(18) 
Farm or residential underground storage of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.
(19) 
Underground heating oil storage tank for on-site consumption with a capacity greater than 2,000 gallons.
(20) 
Transmission pipelines, including hazardous substance transmission pipelines, as defined by Chapter 245.
B. 
Minor PPSs include:
(1) 
Any use or activity requiring the underground storage of hazardous substance or waste of 50 gallons or less.
(2) 
Underground heating oil storage tank for on-site consumption with a capacity of 2,000 gallons or less.
(3) 
Sewage treatment facility.
(4) 
Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in Subsection C.)
(5) 
Industrial waste line. (See conditions in Subsection C.)
(6) 
Septic leaching field.
(7) 
Facility requiring a groundwater discharge permit issued by the NJDEP pursuant to N.J.S.A. 7:10-14A et seq.
(8) 
Stormwater line within 100 feet of a regulated well. (See conditions in Subsection C.)
(9) 
Waste oil collection, storage and recycling facility.
(10) 
Agricultural chemical bulk storage and mixing or loading facility, including crop dusting facilities.
(11) 
Aboveground storage of hazardous substance or waste in quantities of 2,000 gallons or less. (See conditions in Subsection C.)
(12) 
Any facility with a NAICS Code number included under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table II(N)A, with a toxicity number of II or greater.
C. 
Conditions:
(1) 
Sanitary sewer lines, industrial waste lines and stormwater lines may be located no closer than 100 feet to a regulated well, and only if they are constructed of watertight construction (that is steel, reinforced concrete, PVC or other suitable material as approved by the Borough utility authority).
(2) 
Manhole and/or connections to a sanitary sewer system are restricted within 100 feet of a regulated well.
(3) 
Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties with NAICS codes not listed in Appendix A 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 § 102-32.5 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 § 102-32.5 herein and shall be located no closer than 100 feet to a regulated well.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 102-32.4, that would be located either wholly or partially within any WPA shall comply with and operate in a manner consistent with the following best management practices, and Mountain Lakes Borough is also obligated to insure that its provisions are not carried out in a manner which is inconsistent with N.J.A.C. 7:14B:
A. 
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 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 or flooding.
C. 
Secondary containment structures.
(1) 
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.
(2) 
All secondary containment and diversionary structures for underground storage tanks shall be consistent with N.J.A.C. 7:14B.
D. 
Secondary containment and diversionary systems, structure or equipment must meet the following standards:
(1) 
The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.
(2) 
The system must 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.
(3) 
In order to prevent the discharge of hazardous substances into groundwater, 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.
(4) 
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 pretreatment facility, or other NJDEP-approved facility. Exceptions to this provision shall be for retail gasoline, diesel fuel and residential home heating oil dispensing wherein the procedures are in conformance with NJDEP standards and contain stormwater runoff controls in conformance with NJDEP requirements.
(5) 
Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.
E. 
Stormwater shall be managed so as to prevent contamination of groundwater, and so as to be in accordance with applicable laws and regulations of the State of New Jersey, and of Mountain Lakes.
A. 
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 102-32.4, that would be located either wholly or partially within any WPA 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 groundwater;
(4) 
Means to be used to contain or remediate accidental spillage of such materials;
(5) 
Means to notify the administrative authority about any accidental spillage of such materials;
(6) 
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in § 102-32.5, to protect groundwater quality in the WPA and minimize the risk of potential groundwater 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.
A prompt investigation shall be made by the appropriate personnel of the Health Department of Mountain Lakes, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this article is discovered, a civil action in the Special Civil 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 article 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 article 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 article. Each day a violation continues shall be considered a separate offense.