[HISTORY: Adopted by the Township Council of the Township of Brick 4-11-1989
by Ord. No. 667-89 (Ch. 303 of the 1989 Code). Amendments
noted where applicable.]
The Township Council does hereby find and declare the following determinations:
A.
Protracted periods of high temperatures and limited rainfall
may cause excessive demands upon the water system of the Brick Township Municipal
Utilities Authority (BTMUA).
B.
Temporary lack of sufficient water capacity may result
in a lowering of the normal water levels of the sources of water supply to
the Brick Township Municipal Utilities Authority. The excessive use of water
during the spring, summer and fall months caused by sprinkling of lawns, filling
of swimming pools, car washing and other similar uses not related to the use
of water for domestic and sanitary purposes, and fire protection may cause
a serious reduction in adequate pressure in the water distribution system
servicing the residents of the Township.
C.
In the interest of the health, safety and welfare of
the inhabitants of the Township, it is necessary to take all reasonable precautions
and measures promptly to conserve water and maintain such water pressure as
is necessary for sanitary, domestic and fire-fighting purposes.
D.
In the interest of restoring, maintaining and preserving
the water quality of the Township of Brick and preserving the public health,
safety and welfare of the Township's residents, it is necessary to take all
reasonable precautions including the temporary or permanent closure of private
wells when the use of those wells may cause the release of contaminated groundwater.
[Added 3-28-2000 by Ord. No. 667-A-00]
The Brick Township Municipal Utilities Authority is the corporate body
politic, established within this Township by ordinance and also authorized
by statute, specifically N.J.S.A. 40:14B-1 et seq., as the instrumentality
exercising public and essential governmental functions to provide for the
public health, safety and welfare by ensuring the provision and distribution
of an adequate supply of water for public and private use within the Township
of Brick.
[Amended 3-28-2000 by Ord. No. 667-A-00]
A.
In cases in which the Brick Township Municipal Utilities
Authority has determined that circumstances exist sufficient to indicate that
an excessive demand is being made upon the water supply system of the BTMUA,
the Township Council or the Mayor may declare a water emergency.[1]
B.
In cases in which the Township Engineer has determined
that circumstances exist sufficient to indicate that the use of wells within
a specified geographic area pose a risk of impacting water quality, altering
the location or concentration of contaminated groundwaters or pose a risk
to the public health or welfare of the residents of the Township of Brick,
the Township Engineer may declare a water emergency for any specified geographic
area and prohibit all well water use within that area.
[Amended 3-28-2000 by Ord. No. 667-A-00]
A.
The declaration of a water emergency pursuant to § 486-3A shall specify whether the emergency is one requiring either full curtailment or partial curtailment of nonessential water usage as defined in this section. "Full curtailment of nonessential water usage" shall mean an absolute prohibition of the use of water from private wells or from the BTMUA's system for sprinkling of lawns, filling of swimming pools, car washing and other nondomestic, nonsanitary use, except for fire-fighting purposes until the emergency shall be terminated by proclamation. Partial curtailment of nonessential water usage shall mean the prohibition of the use of water from private wells or from the BTMUA's system for those purposes and during those days of the week and for hours of the day specified in the declaration of emergency.
B.
The declaration of a water emergency pursuant to § 486-3A shall specify the location by boundary line or street of any area included in a well use prohibition area. Any person owing or operating a well within the area designated by the Township Engineer as within a well use prohibition area shall cease all uses of any private wells until such emergency is terminated pursuant to the provisions of this chapter.
Upon the declaration of a water emergency as provided for in this chapter,
either the Authority or the Township shall forthwith publish in at least two
newspapers circulated in the Township a copy of the declaration of emergency,
which shall detail the terms and conditions thereof and shall make a copy
of such declaration available to at least one radio station which broadcasts
in the municipality.
Any declaration of a water emergency under this chapter shall continue
in full force and effect until terminated by the Township Council or the Mayor.
During the water emergency, all premises receiving water from the Brick
Township Municipal Utilities Authority system shall be subject to inspection
between sunrise and sunset by the Township or Authority employees or any other
person duly authorized and appointed to enforce the police power and ordinances
of this Township to oversee compliance during the water emergency. It shall
be a violation of this chapter for any person to hinder, obstruct, delay,
resist or prevent any such inspection as is described herein. Nothing herein
shall be deemed to limit the power of the Police Department to conduct a search
of any premises at any time when they have probable cause to believe that
a violation of this chapter has been committed.
[Amended 3-28-2000 by Ord. No. 667-A-00]
It shall be a violation of this chapter for any person to use water
from the Brick Township Municipal Authority water system or from a private
well at any time during a water emergency in a manner prohibited by a declaration
issued pursuant to this chapter.
[Amended 3-28-2000 by Ord. No. 667-A-00]
In the event that there is a continuing use of water on any premises
by any person in a manner prohibited by any declaration issued pursuant to
this chapter, such continuing use is hereby declared to be a health hazard.
The owner/occupant and/or operator of the premises where a violation is occurring
shall be served with written notice of the violation by the delivery to any
such owner, occupant and/or operator of the agent or employee of any of the
same actually on the premises. If no such person is present, the notice shall
be posted on the premises and the Township or Authority agent shall attempt
to contact any such person by telephone. If, after the passage of one hour
from the delivery or posting of such notice, the health hazard has not been
abated, agents of the Township or the Authority are authorized to enter upon
the premises to abate said health hazard. Thereafter, the Township or the
Authority shall assess the costs of such abatement against the owner, operator
and/or occupant of the premises. Moreover, any costs incurred by the Township
shall be further assessed against the owner, operator or occupant of the premises.
It shall be a complete defense to any charge of violating this chapter
if it can be shown that the defendant could not reasonably have known the
violation was occurring, because it was due to a latent defect in plumbing
or other water conduits.
