[Adopted 10-18-1994 as Ord.
No. 890-94]
The words, terms and phrases used in this Article shall be defined and
have the same meanings as set forth in N.J.A.C. 7:9-2.4 and N.J.A.C. 10:12-4,
except as set forth below:
ACT
The New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq.,
as amended and supplemented from time to time.
AUTHORIZED AGENT
The "authorized agent" for the purposes of this Article is the Cape
May County Health Department.
LOT
A designated parcel, tract or area of land established by a plat
or as otherwise permitted by law.
NONPOTABLE WATER SUPPLY
Any water not used or intended to be used as a potable water supply
and permanently identified as such.
PLAT
A map or maps of a subdivision or site plan.
POTABLE WATER SUPPLY
Any water used or intended to be used for drinking, bathing, culinary
or other personal contact purposes.
REGULATIONS
The New Jersey Safe Drinking Water Regulations, N.J.A.C. 7:10-1 et
seq., as amended and supplemented from time to time.
SALE
Fee-simple title is passed from one (1) person or legal entity by
deed or other means of conveyance.
TRANSFER
A change of possession from one party to another party either by
lease or otherwise for a period in excess of one (1) year.
The Cape May County Health Department may grant final certification
of a well, provided that the following requirements are met:
A. In the case of the location and construction of a new well, if the laboratory analysis of a water sample collected and analyzed in accordance with §§
279-4,
279-5 and
279-6 of this Article does not disclose the presence of any of the hazardous contaminants or substances set forth herein in an amount which exceeds the maximum contaminant level established under the Act, the regulations or this Article for the same or, if the maximum contaminant level has yet to be established, the Level 1, interim action level concentration for the same established by the New Jersey Department of Environmental Protection and Energy, Division of Water Resources.
B. All fees due and payable to the Cape May County Health Department under §
279-11 of this Article have been paid in full.
The laboratory collecting the sample and performing the water analysis required under §§
279-4 and
279-5 of this Article shall submit the results of its analysis directly to the Township of Middle and Cape May County Health Department with the following information:
A. The lot number and block number of the property upon
which the well is located and the reason for the sample (i.e., new construction,
sale or transfer).
B. The name and mailing address of all persons owning the
property upon which the well is located.
C. The laboratory employee or the laboratory's authorized
representative who physically collected the sample from the well.
D. The date and time that the well sample was collected.
E. The specific point of collection of the water sample.
F. The date and time the sample was analyzed by the laboratory.
No real property nor any interest in the same shall be sold or transferred
after October 26, 1994, which utilizes a well for its potable water supply
until:
A. The well water has been sampled and analyzed in accordance with the procedures set forth in §§
279-4,
279-5 and
279-6 of this Article.
B. The Cape May County Health Department has certified that the laboratory analysis of the water sample collected from said well does not disclose the presence of any of the hazardous contamination or substances set forth in §
279-5A of this Article in an amount exceeding the maximum contaminant level established under the Act, the regulations or this Article for the same or, if the maximum contaminant level has yet to be established, the Level 1, interim action level concentration for the same established by the New Jersey Department of Environmental Protection and Energy, Division of Water Resources.
C. The granting of final certification by the Cape May County
Health Department shall be valid certification until there is a sale or transfer
of the property in question where that sale or transfer is more than one (1)
year after the issuance of said final certification. In the event that said
sale or transfer is within one (1) year or less from the preceding certification,
the transferor need not obtain a new certification.
The Cape May County Health Department, subject to the review of the
Board of Health of the Township of Middle, shall develop and implement appropriate
policies and procedures for the proper administration of this Article.
The Township of Middle and the Cape May County Health Department shall
have access and entry to any property upon which there is located a well for
the purpose of inspecting and/or testing the same.
The Township of Middle and Cape May County Health Department may order
any well which is determined to be polluted or detrimental to the public health
closed until and unless the water is made potable.
The following fees are hereby established:
A. For certification of a water sample analysis by the Cape
May County Health Department: twenty-five dollars ($25.).
B. For any requested inspection of a well by the Cape May
County Health Department: twenty-five dollars ($25.).