[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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
If the
water sample discloses the presence of any hazardous contaminants
or substances which exceed the maximum contaminant level, the hazardous
contaminants or substances shall be mitigated and, following said
mitigation, the well water shall be sampled and analyzed again. For
all such resamples, the certifying lab shall provide a statement or
certification, with supporting documentation, that the well water
does not disclose the presence of any of the hazardous contaminants
or substances in an amount which exceeds the maximum contaminant level
established under the Private Well Testing Act[1] and the regulations promulgated thereunder.
[Added 4-7-2022 by Ord. No. BH2022-1]
[1]
Editor's Note: See N.J.S.A. 58:12A-26 et seq.
