The purpose of this Part 7 of the chapter is to provide for the management and/or ownership and operation, maintenance, inspection and rehabilitation of community water systems, both on-lot and located off site, and to establish penalties and appeal procedures necessary for the proper administration of such a program.
This Part 7 of the chapter applies to any person, partnership or corporation who or which is the owner or agent of the owner of a community water system, as governed by the Department of Environmental Protection, and the administration and management of each such facility.
Definitions are in Part 1.
A.
Any person who is the owner (public or private) of any building and/or community water system serving as a means of water distribution within the Township is subject to all requirements in this Part 7 of the chapter.
B.
The owner shall be responsible for obtaining all required
permits from the Township, DEP and any other agencies requiring permits
for an installation of a community water system and its operation
and maintenance.
A.
The owners of all community water systems existing
and permitted by DEP shall secure from the Department a permit for
continued operation if and when required to do so by the Department.
B.
No permit for continued operation of a community water
system shall be issued unless and until the Department shall determine
that:
(1)
The system and its appurtenances have been designed
and installed pursuant to plans and specifications prepared by a licensed
professional engineer and approved by DEP.
(2)
The system has been and is currently being operated
pursuant to a permit approved by DEP.
(3)
The system will be operated and maintained in the
future pursuant to the DEP requirements of Title 25.
(4)
The owner of the system has entered into a written
agreement with the Township, with appropriate bond or escrow account,
respecting operation and maintenance activities and requirements water
management program requirements, and method for integrating the system
into the comprehensive water program of the Township.
(5)
The owner shall have filed with the Department a full
and complete permit application form and paid the required permit
fee.
C.
All permits for continued operations shall expire
in accordance with the written agreement.
D.
The permit application shall be on a form provided
by the Department and shall include but not be limited to the following
information:
(1)
Type of water facility, including source, treatment
and distribution method.
(2)
Identification and mapping of the location of the
system on a site plan, and with a recorded deed reference.
(3)
Description of operation and maintenance requirements
of the system.
(4)
Designation of person responsible for operation and
maintenance activities and the legal and financial arrangements necessary
for assumption of this responsibility.
(5)
A copy of the plans and specifications of the system
meeting the applicable standards established by DEP and approved by
DEP.
(6)
Documented evidence that the system was installed
pursuant to the plans and specifications approved by DEP.
(7)
A copy of all permits issued by DEP.
(8)
Documented evidence that the system has been and is
currently being operated in accordance with the provisions of the
permits.
(9)
A copy of all reports, test results and plant operator's
reports submitted to DEP since the system went into operation.
(10)
A copy of all reports, notices of violations
and correspondence received from DEP since the system went into operation.
(11)
A copy of any and all contracts entered into
between the owner and any other person, firm or legal entity respecting
operations and/or maintenance of the system.
(12)
Written permission of the owner permitting the
Township, its authorized servants, agents and employees to enter upon
the property to inspect the system, observe its operation and secure
such test samples as deemed appropriate by the Department and to permit
such inspections and test sampling at least quarterly thereafter.
(13)
Any and all additional information required
to demonstrate the owners compliance with DEP regulations.
(14)
Any and all additional information deemed necessary
by the Department.
B.
No permit for installation shall be issued unless
and until the Department shall determine that:
(1)
The proposed system and its appurtenances meet the
applicable design and other standards established by DEP.
(2)
The owner of the system has entered into a written
agreement with the Department, with appropriate bond or escrow account,
respecting operation and maintenance activities and requirements,
water management program requirements and method for integrating the
system into the comprehensive water program of the Township.
(3)
The owner shall have filed with the Department a full
and complete permit application form and paid the required permit
fee.
C.
The permit application for a permit for installation
shall be on a form provided by the Department and shall include but
not be limited to the following information:
(1)
Type and manufacturer of water facility, including
source, treatment and distribution methods, including model number
of all components.
(2)
Identification and mapping of the location of the
system on a site plan and with a recorded deed reference.
(3)
Description of operation and maintenance requirements
of the system.
(4)
Designation of person responsible for installation
and the legal and financial arrangements entered into to assure installation.
(5)
A copy of the plans and specifications of the system
meeting the applicable standards established by DEP and approved by
DEP.
(6)
A copy of all permits issued by DEP.
(7)
A copy of any and all contracts entered into between
the owner and any other person, firm or legal entity respecting operations
and/or maintenance of the system.
(8)
Written permission of the owner permitting the Township,
its authorized servants, agents and employees to enter upon the property
to inspect the system, observe its operation and secure such test
samples as deemed appropriate by the Department and permit such inspections
and test sampling at least quarterly thereafter.
(9)
Any and all additional information required to demonstrate
the owner's compliance with DEP regulations.
(10)
Any and all additional information deemed necessary
by the Department for adequate review of the proposal.
D.
The permit application for a permit for operation
shall be on a form provided by the Department and shall include but
not be limited to the following information:
(1)
Certification that the system and its appurtenances
have been installed in accordance with the issued permit for installation,
tested and is ready to be placed in operation.
(2)
Designation of person responsible for operation and
maintenance activities and the legal and financial arrangements necessary
for assumption of this responsibility.
(3)
A copy of any and all contracts entered into between
the owner and any other person, firm or legal entity respecting operations
and/or maintenance of the system.
(4)
Written plan for regular and periodic sampling and
testing of the system to determine that it is being operated in accordance
with the permit and submission of copies of the results to DEP and
the Department.
(5)
Written plan for regular and periodic inspections
and maintenance of the system and its appurtenances.
E.
All permits for operations shall expire each year
in accordance with the written agreement.
The Township establishes the following required
fees, reserving the right to hereafter periodically revise, amend
and change any or all of the required fees:
A.
Existing community water systems.
(1)
Initial permit for continued operation to cover application review and inspection of system: a permit fee of $2,500, plus reimbursement to the Township of all expenses, including engineering and legal, actually incurred in negotiating and preparing the written agreement required pursuant to § 184-112B(4) hereof.
(2)
An annual permit and inspection fee, payable in advance
upon application for initial permit or for annual renewal, to cover
annual inspections and testings by the Department to assure the system's
compliance with permit: a fee of $1,500.
(3)
Reimbursement to the Department for any and all required
emergency responses: the actual expenses incurred by the Township.
B.
New community water systems.
(1)
Fee for permit for installation to cover application review and inspections during installation: a permit fee of $2,500, plus reimbursement to the Township of all expenses, including engineering and legal, actually incurred in negotiating and preparing the written agreement required pursuant to § 184-113B(2).
(2)
An annual permit and inspection fee, payable in advance
upon application for initial operation permit or for annual renewal,
to cover annual inspections and testings by the Township to assure
the system's compliance with the permit: a fee of $1,500.
(3)
Reimbursement to the Department for any and all required
emergency responses: the actual expenses incurred by the Township.
A.
Sampling and testing.
(1)
During the first or initial year of operation of the
system, the owner shall cause to be made, at least quarterly, an inspection
by an authorized factory representative of the manufacturer of the
system or by a registered professional engineer retained by the owner
and approved by the Township. This inspection shall include, among
other things, all necessary sampling and testing.
(2)
After the first year of operation and thereafter for so long as the system shall remain in operation, the inspection, sampling and testing, as specified in Subsection A(1) above, shall be conducted each six months or more frequently if required by DEP.
(3)
The results and/or reports of each inspection and
the certifications of each laboratory testing shall be submitted by
the owner to the Township at the Township's monthly public meeting
following the owner's receipt of the report and/or certification.
(4)
In the event that any report and/or any certification
shall indicate that the system is not operating in compliance with
DEP regulations and/or permits or with Township regulations and/or
permits, the owner shall:
(a)
Advise the Township in writing what measures
will be taken to correct the system;
(b)
Undertake and complete any and all required
maintenance and repairs necessary to correct the system within 30
days of the report or certification; and
(c)
Obtain and submit to the Township a certification
from a registered professional engineer that the required maintenance
and repairs have been completed and that the system is functioning
in accordance with DEP and the Township regulations and permits.
B.
The Township shall have the right to inspect and test
the system as often as deemed necessary to verify that the system
is designed, installed, operated and maintained in compliance with
DEP and Township requirements and permits, including without limitation:
(1)
Inspections prior to start of construction of the
system, during construction and upon completion of construction to
determine that installation has been in accordance with all permits
issued.
(2)
Inspection at the time the system is started up and
placed in operation to determine that it is operating in accordance
with all permits issued.
(3)
Inspection at least annually to determine that the
system is being maintained and operated in accordance with all permits
issued.
(4)
Inspection following required maintenance and repairs to the system by the owner to correct deficiencies in the system referred to in Subsection A(4) above to determine that the required maintenance and repairs have been made and that the system is functioning in accordance with DEP and Township regulations and permits.
C.
The inspections to be made by the Township shall be
of the entire system and its appurtenances (source, treatment and
distribution), including electrical, mechanical and chemical components;
collection, conveyance piping and pressure lines; alarm and flow recorder
devices; pumps; disinfection equipment and related safety items.
A.
Any person being the owner(s) or agent of the owner of a community water system found to be violating any provision of this Part 7 of the chapter shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within a period of time stated in such notice, permanently cease all violations.
B.
Any offender who shall continue any violation beyond the time limit provided for in § 184-116A shall be guilty of a summary offense, and on conviction thereof, shall be fined in the amount not exceeding $1,000 for each violation. Each day on which any such violation shall continue shall be deemed a separate offense. Fines shall be paid to the Township. Such fines and penalties may be collected by suit or summary proceedings brought in the name of the Township.
A.
All community water systems are subject to the applicable
sections of this chapter, and owners shall provide to the Township:
B.
Information to be provided to Township.
(1)
No privately owned water system shall be installed,
constructed or operated without the owners providing to the Township
the following:
(a)
Agreements that assign system users equal liability
for expenses incurred by the Township or its authorized agent if the
privately owned system has been declared in violation of municipal,
state or federal statutes, ordinances or rules and regulations.
(b)
A fee schedule has been established for all
system users of which an assigned percentage of the users monthly
cost shall be deposited in a Township escrow account.
(c)
A forfeiture bond escrow or other equity has
been provided to the Township equal to 50% of the cost of the water
system.
(2)
The above provision shall be retroactive and shall
apply to the operation of existing water systems.
C.
The Township or its authorized agent may exercise
its right to secure any escrow fund, forfeiture bond or equity provided
by the owner or owners of the system, provided;
D.
Forfeiture bonds, escrow accounts or other equity
required by this chapter shall be used only for the direct or indirect
expenses incurred by the Township or its authorized agent for the
maintenance, rehabilitation or repair of the system and associated
fines, penalties or suits in equity.
E.
Forfeiture bonds, escrow or other equity may be reduced
in amounts equal to that accumulated in the escrow account.
All community water systems shall be designed
and constructed in accordance with the standards as set forth by the
Township.
A.
All community water systems shall be subject to inspection,
both during construction and operation, by the Township or its authorized
agent.
B.
The Township or its authorized agent may inspect as
deemed necessary any component of any water system to determine its
compliance with the Township standards and/or its operation.
C.
The Township or its authorized agent may sample any
waters in the system.
D.
The owner(s) of a private system shall be provided
by the Township or its authorized agent with a copy of the inspection
report.
A.
The owner(s) of a private water system shall contract
with a certified operator for the day-to-day operation of its system.
B.
The owner(s) of a private system shall contract with
an acceptable contractor for required maintenance.
C.
The owner(s) of a community water system shall provide
the Township with copies of operation and maintenance contracts.
D.
The owner(s) will supply the Township with copies
of all reports with regard to operations and testing in a timely basis.
