[HISTORY: Adopted by the Board of Health of the Borough of Franklin Lakes 10-5-1998 by Ord. No. 7-98 as Ch. BH:II of the 1988 Code; amended in its entirety 9-8-2008 by Ord. No. 8-01. Subsequent amendments noted where applicable.]
Codes regulating the location, construction, use analysis and supervision of public noncommunity or nonpublic water systems, requiring certain approvals, providing for the inspection of such systems and fixing of fees and prescribing penalties for violations is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-71, as same may be amended from time to time.
The codes established and adopted by this chapter are known as N.J.A.C. 7:10, "Safe Drinking Water Act Regulations," N.J.A.C. 7:9D, "Well Construction and Maintenance; Sealing of Abandoned Wells," and N.J.A.C. 7:9E, "New Jersey Department of Environmental Protection Private Well Testing Act Rules."
Three copies of N.J.A.C. 7:10, "Safe Drinking Water Act Regulations," N.J.A.C. 7:9D, "Well Construction and Maintenance; Sealing of Abandoned Wells," and N.J.A.C. 7:9E, "New Jersey Department of Environmental Protection Private Well Testing Act Rules," have been placed on file in the office of the Board of Health upon the introduction of this chapter and will remain on file in the office for use and examination by the public.
Nonpublic water systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which rely on such a system for water, until the Board of Health has issued a certificate indicating that the water system has been located and constructed in compliance with the terms of the permit and the requirements of the aforesaid codes. Issuance of the certificate shall be required for alterations to an existing water system.
The Board of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him or her to the Board of Health that the water system has been located and constructed in accordance with the terms of the approval (permit) and the requirements of the code for a public noncommunity water system.
In case any permit or certification required by this chapter is denied by the Board of Health, a hearing shall be held thereon within 15 days after request therefor is made by the applicant, and upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of the hearing.
The Board of Health may order all further work in and about any water system which is being constructed or installed in violation of the codes to be stopped forthwith, except such work as shall be necessary to remedy the violation, and thereafter the work continued without any violation of any of the provisions of the codes, 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 construction of installation of any such water system, or any part thereof, no further work shall be done thereon except as aforesaid.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, pay a penalty not to exceed $500 nor less than $5 for each offense as provided in N.J.S.A. 26:3-70. A term of 90 days in jail may be imposed at the discretion of the Court as provided in N.J.S.A. 26:3-77. Except as otherwise provided, each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate violation.
No person shall use, or make available for the use of any other person, for drinking, bathing, culinary purposes or for the cleaning of utensils or for other domestic or potable purposes, any water, unless the same shall fully meet the standards of quality for such purposes as fixed by the Department of Environmental Protection of the State of New Jersey.
Whenever the Board shall have satisfactory evidence that any nonpublic water system or other source of water, the water of which is used for domestic or potable purposes or for any of the purposes set forth in the previous subsections, has become polluted or rendered unsafe for the use to which the same is being put, written notice to discontinue use of the water may be sent to the owner, agent or person in charge of the water system and such owner, agent, or person shall forthwith, on receipt of such notice, discontinue the use of the water until the cause of the pollution as been abated and until the water shall be rendered safe and the quality provided for in the preceding subsections.
[Added 11-5-2018 by BOH Ord. No. 18-01]
No real property nor any interest in the same shall be sold or transferred which utilizes a well for its potable water supply until:
The well water has been sampled and analyzed in accordance with the provisions of the Private Well Testing Act, N.J.S.A. 58:12A-26, et seq., and the regulations promulgated thereunder.
The Borough's Registered Environmental Health Specialist or Health Officer has certified that the laboratory analysis of the water sample collected from said well does not disclose the presence of any of the hazardous contaminants or substances set forth in N.J.S.A. 58:12A-28 and N.J.A.C. 7:9E-2.1 in an amount which exceeds the maximum contaminant level established under the Private Well Testing Act and the regulations promulgated thereunder.