A code regulating the location, construction, alteration, use and supervision
of individual and semipublic water supplies, requiring certain permits providing
for the inspection of such supplies, the fixing of fees and prescribing penalties
for violations is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6.
A copy of the code is annexed hereto and made a part hereof without inclusion
of the text herein.
The code established and adopted by this article is described and commonly
known as the "Individual and Semipublic Water Supply Code of New Jersey (1966)."
Three copies of the Individual and Semipublic Water Supply Code of New
Jersey (1966) have been placed on file in the office of the Secretary of this
Department of Health and will remain on file in such office for the use and
examination by the public.
In case any permit or certification required by this article is denied
by the Department of Health, a hearing shall be held thereon before the Department
within 15 days after request therefor is made by the applicant, and upon such
hearing the Department of Health shall affirm, alter or rescind its previous
determination and take action accordingly within 15 days after the date of
such hearing.
The Department of Health may order all further work in and about any
water supply, which is being erected or installed in violation of the code,
to be stopped forthwith, except such work as shall be necessary to remedy
such violation, and thereafter, the work continued without any violation of
any of the provisions of the code, and after issuance of any such order and
the service of a copy thereof upon any person connected with or working in
and about the erection or installation of any such water supply, or any part
thereof, no further work shall be done thereon except as aforesaid.
[Amended 4-16-1986 by Ord. No. 1986-6; 11-14-1988
by Ord. No. 1988-37; 11-21-1990 by Ord.
No. 1990-43; 9-21-2005 by Ord. No. 2005-14]
The following fees and charges are herewith established:
A. The fee for the filing of an application and plans, for the issuance of a permit to locate and drill or dig a well, are set forth in Chapter
135, Fees and Costs.
(1) In addition, a water sample and analysis, required to
comply with this article of the code (Proof of Potability) shall be performed
by the Department of Health or its authorized agents and the permittee shall
pay the cost of the lab fee.
B. The fee for the issuance of a permit to install a pump and supply for an individual water supply system is set forth in Chapter
135, Fees and Costs.
C. The permit fee for each house connection to an approved water supply system serving three or more consumers is set forth in Chapter
135, Fees and Costs.
D. The inspection fee for each reinspection of any water supply system or part thereof caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid code is set forth in Chapter
135, Fees and Costs.
E. If additional water samples and analyses are required,
the same shall be performed by the Department of Health or its authorized
agents, and the permittee shall pay the lab costs of each additional sample
and analysis. This shall include but not be limited to all samples required
to comply with this article of the code (Proof of Potability).
F. The fee or charge to be collected by the Department of Health for certification of an existing individual water supply system, which includes one water sample, is set forth in Chapter
135, Fees and Costs. No certificate shall be issued until such fee or charge is paid at the time of the application thereof.
G. The fee for the renewal of a permit to locate and drill or dig a well is set forth in Chapter
135, Fees and Costs.
The following amendments or additions to the code adopted hereby shall
be effective:
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2.6. Freezing. All parts of the water supply system shall
be designed, located and constructed to protect against freezing, but this
provision may be waived where the water supply system used is aboveground
and used during nonfreezing periods.
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2.8. Frost-proof facilities. No water supply connections
shall be made to a frost-proof toilet or hydrant unless authorized by the
administrative authorities, but this provision may be waived where the water
supply system used is aboveground and used during nonfreezing periods.
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3.4. The requirements of the well-room in the code adopted
hereby may be waived by administrative authorities or its authorized agent.
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In order to insure the safety, adequacy and propriety of water supply
systems for realty improvements in the Township, the following rules, standards
and provisions are hereby adopted and made effective and binding upon all
water supply systems, serving three or more realty improvements, they shall
apply to and be binding not only upon all such future water supply systems
placed in operation but also to such systems in use as of April 23, 1968,
whether or not previous certification has been given, and are to be in addition
to such rules, regulations and standards fixed by the State Department of
Health and Senior Services:
A. Standards for potability. Water supplied shall be in
accordance with the U.S.P.H.S. standards for potable water and Standard Methods
as adopted and approved by the State Department of Health and Senior Services.
B. Standards for pressure. Minimum pressure of water supplied
shall be such as to furnish a flow in accordance with the provisions of Section
E-800, 8.8 et seq. of the Plumbing Code of New Jersey (Revised 1964) adopted
by the Township of West Milford.
C. Water quality. The supplier shall at its own cost and
expense cause to be collected by authorized agents of the Department supplies
of water for analysis on May 1 and November 1 of each year and submit such
samples to the authorized agent of the administrative authority to determine
whether the water meets the "Potable Water Standards." Monthly reports to
the State Department of Health and Senior Services may be accepted in lieu
thereof. The administrative authority, or its authorized agent, shall have
the right to cause such inspection and to require additional samplings of
a water supply to be made as may be deemed necessary from time to time.
D. Supplier.
(1) Every supplier of a water supply system, serving three
or more realty improvements, shall within 30 days after April 23, 1968, notify
the administrative authority or its authorized agent of the following:
(a) Name and address of supplier and owner of water supply
system.
(b) Name and address of individual responsible for the operation
of the system.
(c) Location of water supply system.
(d) Number of realty improvements served by the supplier.
(2) Where there is a transfer in ownership of a water supply
system, the sellers thereof shall, within 10 days of the transfer thereof,
notify in writing the administrative authority or its authorized agent of
the sale, furnishing the name and address of the purchaser of the system.
The purchaser shall within 10 days of such a sale furnish the administrative
authority or its authorized agent of this information above recited and required
of a supplier.
E. Discontinuance of a system. No water supply system serving
three or more realty improvements shall be discontinued, abandoned, nor shall
the distribution of water for potable or domestic purposes to consumers be
terminated unless and prior thereto the supplier shall have given a twelve-month
notice in writing to each consumer and to the administrative authority of
its intention to discontinue and abandon the system.
F. Service. The supply of potable water to consumers shall
be maintained at all times, except in cases when repairs to such systems are
required. In which case, there shall not be a shutoff water supply until and
unless a minimum of written notice of eight hours is given each consumer and
the Department of Health, except in cases of extreme emergencies. Repairs
in each case must be made without any delay.
G. Applicability. Whatever application the provisions of
the plumbing code, sanitary code and building code shall apply.
H. Connection of realty improvement. No permit shall be
issued for the installation of an individual water supply for service to more
than one lot, nor shall a permit be issued for the connection of an additional
realty improvement to any individual water supply system existing on an adjoining
property or boundary line between two adjoining properties; provided that
the prohibition contained herein may be modified or waived by the Township
Health Officer. A waiver shall be made only in the event a variance is required
to prevent undue hardship or to accommodate special circumstances. No such
variance shall be granted unless appropriate provisions are made by the property
owner or owners in deeds or other instruments of conveyance, properly recorded,
to ensure that the present and future owners of the property served by such
individual water supply shall have continuing and perpetual rights to the
use water supply regardless of the location thereof or the ownership of the
property in which it is located.
[Amended 7-1-1996 by Ord. No. 1996-21]