The governing body of Parsippany-Troy Hills
finds 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 within the
Buried Valley Aquifer Systems of the Central Passaic River Basin,
which are designated as a "sole source" aquifer under 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.
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 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.
Areas of land surrounding each public community well, known as "wellhead
protection areas" (WHPAs), 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the ground to be withdrawn in water taken from the well, have been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from areas within a WHPA into groundwater that is withdrawn from a
public community well.
The municipality of Parsippany-Troy Hills 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 Wellhead Protection Ordinance, Parsippany-Troy
Hills Township is also obligated to insure that its provisions are
not carried out in a manner which is not inconsistent 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:
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.
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 Township Engineer.
GROUNDWATER
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 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.
POLLUTED WATER
In the content 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.
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 §
430-322.
PPS
Potential Pollutant Source.
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.
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.
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 (WHPA)
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.
WHPA
Wellhead Protection Area.
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 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).
(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.
(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 in Article
IV, §
430-26, of this chapter.
[Added 3-15-2016 by Ord.
No. 2016:05]
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.)
(7) Facility requiring a groundwater discharge permit
issued by the NJDEP pursuant to N.J.A.C 7:14A 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.
(See Appendix A.)
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 Township 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 §
430-323 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 §
430-323 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 §
430-322, 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, and Parsippany-Troy Hills Township is also obligated to insure that its provisions are not carried out in a manner which is not 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.
(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.
(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 Parsippany-Troy
Hills.
A prompt investigation shall be made by the
appropriate personnel of the Health Department of Parsippany-Troy
Hills, 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 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.