Township of Waterford, NJ Article II Sealing of Private Water Wells

[Adopted 10-8-1997 by Ord. No. 97-19[1]]

[1] Editor's Note: This ordinance also repealed Ord. No. 97-10, adopted 6-25-1997, which required the sealing of private water wells.

§ 278-6 Sealing required; exemption.

A. The owner of every existing house, building or structure within the Groundwater Impact Area with an identified private water well as set forth on Exhibit A[1] attached hereto shall be required to seal his or her privately owned water well upon the availability of public water service to said property and the connecting of said property into the public water system. The sealing of the private water wells shall occur within 30 days of the date when the property connects into the public water system.

[1] Editor's Note: Exhibit A is on file in the township offices.

B. An exemption shall be granted to the sealing of private water wells on residential properties in such a case as the New Jersey Department of Environmental Protection determines to convert said residential well to a groundwater monitoring well for use by the New Jersey Department of Environmental Protection. No other exemption shall be granted to a residential property for the sealing of its private water well. A commercial property may make application to the New Jersey Department of Environmental Protection for an exemption from the well sealing requirement, which application shall be considered by the New Jersey Department of Environmental Protection on a case by case basis.

[Added 7-22-1998 by Ord. No. 98-7]

§ 278-7 Notice to be given.

Notice of the requirement to seal the water well shall be given by the Waterford Township Municipal Utilities Authority. The notice shall be served upon the owners of said properties personally or by leaving the same at their usual place of abode with a member of the family over the age of 18 years or, if such mode of service cannot be effected, then by mailing a copy of said notice to said owner or owners by certified mail addressed to the owner at said property or properties or at the property owner's usual place of abode.

§ 278-8 Sealing service to be provided; written authorization.

The Waterford Township Municipal Utilities Authority will provide the service of sealing the private water well at its cost conditioned on receiving written authorization from the property owner to enter onto the property to perform this service.

§ 278-9 Refusal to seal well; enforcement.

If the owner of any house, building or structure referred to in § 278-6 of this article and as identified on Exhibit A shall fail to seal the property's private water well as required by this article and refuse to permit the Waterford Township Municipal Utilities Authority entry onto the property to seal said well, then the township may proceed to enforce this article by obtaining an order from the Waterford Township Municipal Court permitting entry onto the property by the township, the Municipal Utilities Authority or its agents, servants or employees to cause the well to be sealed.