[Added 4-28-2008 by Ord. No. 2008-05]
The purpose and intent of this article is to
ensure that:
A.
Residential developments of two or more new lots or
dwelling units and all applications for nonresidential uses that will
result in total groundwater withdrawals greater than 800 gallons per
day and all nonexempt agricultural uses shall demonstrate that adequate
water supply is available for the existing and proposed use(s) on
site without adverse impacts on neighboring wells and other resources,
including but not limited to wetlands and streams.
B.
Groundwater quality is acceptable for drinking water
purposes (or other intended use in the case of a nonresidential or
agricultural application).
C.
The impacts of the proposed withdrawal of the groundwater
resource will not interfere with use of the resource by existing proximate
users.
In addition to the definitions of terms set forth in Article I, § 159-4, the following additional definitions shall apply to the enforcement and implementation of this article and shall have the meanings indicated:
Any well which is not in use, has been illegally installed
or improperly constructed, has been improperly maintained or is damaged,
has not been maintained in a condition that ensures that the subsurface
or percolation waters of the state are protected from contamination,
has been replaced by another well or connection to a public supply,
is contaminated, is nonproductive, or no longer serves its intended
use pursuant to the state Act.
The permanent closure or sealing of a well in accordance
with N.J.A.C. 7:9D-3 et seq.
Refers to the Private Well Testing Act, P.L. 2001, c. 40;
N.J.S.A. 58:12A-26 et seq., which applies to buyers, sellers and lessors
of certain real property as follows:
All contracts of sale for any real property
in which the potable water supply is a private well located on the
property, or for any other real property in which the potable water
supply is a well that has less than 15 service connections or that
does not regularly serve an average of at least 25 individuals daily
at least 60 days out of the year, shall include a provision requiring
the testing of that water supply for certain parameters as set forth
in the Act.
The lessor of any real property in which the
potable water supply is a private well for which testing of the water
is not required pursuant to any other state law shall test that water
supply for certain parameters as set forth in the Act. Testing of
the water is required at least once every five years. In addition,
within 30 days after receipt of the test results, a written copy of
the results must be provided to each rental unit and each new lessee.
A parameter in drinking water that has significant potential
to have serious and adverse effects on human health as a result of
short-term or limited exposure.
To enlarge, deepen, replace or in any other way change any
portion of an existing water supply system. The terms alteration and
altered shall be construed accordingly.
A developer or property owner submitting an application for
development or permit to locate, construct or alter a water supply.
The application form and all accompanying documents required
by the Andover Township Land Use Ordinance[1] for approval of a subdivision, site plan, planned development,
conditional use, zoning variance, or direction of the issuance of
a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
The application form and all accompanying documentation required
by the NJDEP for approval to locate, construct or alter a water supply.
A formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield economic
quantities of water to wells and springs.
An aquifer that is overlain by a confining bed (aquitard).
The confining bed has a significantly lower hydraulic conductivity
than the aquifer. Artesian aquifer is a synonym.
An aquifer overlain by a low-permeability layer that permits
water to slowly migrate through to the aquifer. Also termed leaky
artesian or leaky confined aquifer.
A three-part test conducted to obtain background, pumping,
and recovery data/information from a pumping well and observation
wells in order to determine aquifer hydraulic characteristics and
assess potential water-level drawdown (well interference) to nearby
wells.
A location(s) most representative of site geologic conditions
where the aquifer test shall be conducted to evaluate potential impacts
to proximate users of the groundwater resource.
An aquifer in which there are no confining beds between the
zone of saturation and the ground surface. Water-table aquifer is
a synonym.
A low-permeability unit that can store groundwater and also
transmit water slowly from one aquifer to another (also see aquifer,
confined).
The Andover Township Land Use Board or Board of Adjustment,
whichever land use body has jurisdiction to hear the application for
development.
Any laboratory, facility, consulting firm, government or
private agency, business entity or other person that the NJDEP has
authorized pursuant to the Regulations Governing the Certification
of Laboratories and Environmental Measurements, N.J.A.C. 7:18, to
perform analysis in accordance with the procedures of a given analytical
method using a particular technique as set forth in a certain methods
reference document, and to report the results from the analysis of
environmental samples in compliance with a NJDEP regulatory program.
A source and distribution system for potable water subject
to the requirements of N.J.S.A. 58:12A-1 et seq. and N.J.A.C. 7:10-1.1
et seq.
The area around a pumping well in which the head (water level)
in the aquifer has been lowered by pumping action.
A body of low hydraulic conductivity material that is stratigraphically
adjacent to one or more aquifers.
Any physical, chemical, biological, or radiological substance
or matter that has an adverse effect on air, water or soil quality.
The New Jersey Department of Environmental Protection.
The legal or beneficial owner or owners of a lot or of any
land which is the subject of an application for a permit to locate,
construct or alter a water supply or the subject of a development
application regulated by this article, and shall include the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The lowering of the water table of an unconfined aquifer
or the potentiometric surface of a semiconfined or confined aquifer
caused by pumping of groundwater from a well or wells. Drawdown is
determined by subtracting the depth to water during pumping from the
static water level determined prior to the start of pumping.
A standard that applies to a constituent or contaminant that
is required to be tested pursuant to the New Jersey Safe Drinking
Water Act, N.J.S.A. 58:12A-1 et seq., including a maximum contaminant
level, recommended limits, or, in the case of lead, an action level.
The concentration of a constituent or contaminant that is
greater than a maximum contaminant level (MCL), action level, standard
or recommended upper limit for that given constituent or contaminant.
The surface representation of a fracture zone as determined
from an analysis of aerial photographs in stereo pair.
Water in the ground that is in the zone of saturation from
which wells, springs and stream baseflow (dry weather streamflow)
are supplied.
Static head is the height above a standard datum of the surface
of a column of water that can be supported by the static pressure
at a given point. In a groundwater system, it is composed of elevation
head and pressure head.
The capacity of a geologic formation to transmit water. It
is expressed as the volume of water at the prevailing density and
viscosity that will move in unit time under a unit hydraulic gradient
through a unit area measured at right angle to the direction of flow.
The change in static head per unit of distance measured in
a given direction.
The study of groundwater with particular emphasis given to
its chemistry, mode of migration, and relation to the geologic environment.
The flow of water downward from the land surface into and
through the upper soil layers.
Equipment, including but not limited to pumps, piping, and
sprinkler heads used to distribute water to grasses, landscape materials,
crops, and other vegetation.
Any designated parcel, tract or area of land, whether established
by plat or otherwise permitted by law, to be used, developed or built
upon as a unit, regardless of the nature of the use contemplated,
which is the subject of an application for a permit to locate, construct
or alter a water supply or the subject of an application for development
that is regulated by this article.
The maximum permissible concentration of a constituent or
contaminant in drinking water. Maximum contaminant levels shall apply
to public and nonpublic water systems, in accordance with the New
Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., and implementing
rules at N.J.A.C. 7:10.
The New Jersey Department of Environmental Protection.
A nonpumping well used to observe the elevation of the water
table or the potentiometric surface. An observation well is generally
constructed similar to a pumping well. Observation wells are also
referred to as monitoring wells. Observation wells are required to
measure water-level drawdown during the aquifer pumping test and also
for the calculation of aquifer hydraulic characteristics. The specific
requirements for observation wells are provided in Appendix II, Observation
Well Requirements — Well Testing,[2] of this chapter.
A general standard or scope that includes other terms such
as contaminant, constituent, substance, metal, organic/inorganic chemical,
and characteristics that are used to designate an analyte, group of
analytes, attribute, or physical property.
A water treatment device applied to the drinking water entering
a house or building for the purpose of reducing contaminants in the
drinking water distributed to the entire house or building. Examples
of POET include devices such as calcite filters and ion exchange (water
softeners).
The voids or openings in rock and soil. Porosity may be expressed
quantitatively as the ratio of the volume of openings in a rock or
soil to the total volume of the rock or soil.
The amount of interconnected pore space available for fluid
transmission.
The porosity that represents the original pore openings when
a rock or sediment was formed.
The porosity that has been caused by fractures or weathering
in a rock or sediment after it has been formed.
Any water used, or intended to be used, for drinking and/or
culinary purposes which is free from impurities in amounts sufficient
to cause disease or harmful physiological effects, and complies with
the bacteriological and chemical quality standards of the New Jersey
Safe Drinking Water Act rules at N.J.A.C. 7:10.
A potable water well that serves or will serve a dwelling
unit or nonresidential or agricultural use and is located on the same
real property as the dwelling unit or nonresidential or agricultural
use.
Nearby wells and springs, Appendix III[3] of this chapter, outlines the notification requirements
and procedures for owners of existing wells and springs within 500
feet of any boundary of the lot in question.
A general notice of private well test failures sent by the
appropriate local health authority to surrounding and/or neighboring
owners of real property. The notification can include recommendations
to test for the parameters of concern to the owners of surrounding
or neighboring properties served by wells.
A test made by pumping a well for a period of time and observing
the change in water levels (hydraulic head) in pumping and observation
wells in the aquifer.
A pumping test during which the discharge rate from the pumping
well is maintained at a constant rate for the duration of the test.
A pumping test that involves pumping at sequentially increasing
rates for fixed time periods.
An individual who has received a minimum of a Bachelor's
degree in Geology at an accredited institution or has completed an
equivalent of 30 semester hours of geological education (including
at least two accredited courses in hydrogeology) while obtaining a
Bachelor's or Master's degree in a related field of engineering or
science at an accredited institution. Such a person must also demonstrate
eight years of professional work experience in the practice of applying
geologic and hydrogeologic principals to interpretation of groundwater
conditions and in the running of aquifer tests and the analysis of
aquifer test data. The individual shall provide a resume or curriculum
vitae to document education and experience requirements.
The volume of water that infiltrates to an aquifer, often
expressed in million gallons per year per square mile or gallons per
day per acre.
An area in which there are downward components of head (water
levels) in an aquifer. Infiltration moves downward to deeper parts
of an aquifer in a recharge area.
The rate at which the water level in a well rises after the
pump has been shut off. Recovery is the inverse of drawdown.
The certified laboratory responsible for reporting to the
New Jersey Department of Environmental Protection a complete set of
required information related to the analysis of a private well sample.
The zone in which the voids in the rock or soil are filled
with water at a pressure greater than atmospheric. The water table
is the top of the saturated zone in an unconfined aquifer.
A drinking water parameter regulated for aesthetic purposes
rather than health effects under the Safe Drinking Water Act (hereinafter
"SDWA") rules at N.J.A.C. 7:10. Secondary parameters include pH, iron
and manganese.
The specific capacity of a well is the rate of discharge
of water from the well divided by the drawdown of water level within
the well. Specific capacity will vary with the duration of pumping.
Specific capacity should be described on the basis of the number of
hours pumping prior to measurement of drawdown. Specific capacity
will generally decrease with increased time of pumping.
The depth from ground surface to water in a well prior to
the commencement of pumping.
The volume of water an aquifer releases or takes into storage
per unit surface area of the aquifer per unit change in head. It equals
the product of specific storage and aquifer thickness. Also known
as storativity.
See definition of lot or lot in question.
The rate at which water of a prevailing density and viscosity
is transmitted through a unit width of an aquifer under a unit hydraulic
gradient. Transmissivity equals hydraulic conductivity times aquifer
thickness.
The zone between ground surface and the water table. Pore
spaces in the unsaturated zone contain water at pressures less than
atmospheric. Also referred to as "zone of aeration" and "vadose zone."
An exceedence of an applicable drinking water quality standard
of a required test parameter under the Private Well Testing Act. This
term includes all applicable maximum contaminant levels or recommended
limits, or an action level for lead analysis.
The surface in an unconfined aquifer or confining bed at
which the pore water pressure is atmospheric. It is defined by the
levels at which water stands in wells that penetrate the water body
just far enough to hold standing water.
A device applied to the drinking water at a house or building
for the purpose of reducing contaminants in the drinking water distributed
in the house or building. Examples: point-of-entry devices and point-of-use
devices.
A hole or excavation larger than four inches in diameter
or a hole or excavation deeper than 10 feet in depth that is drilled,
bored, cored, driven, jetted, dug, or otherwise constructed for the
purpose of removal or emplacement of, or investigation of, or exploration
for, fluids, water, oil, gas, minerals, soil, or rock.
The result of two or more pumping wells, the drawdown cones
of which intercept. At a given location, the total well interference
is the sum of the drawdown due to each individual pumping well.
Refers to a written approval issued by the NJDEP, pursuant
to the Well Construction and Maintenance Act Regulations at N.J.A.C.
7:9D, to a licensed well driller which authorizes a licensed well
driller of the proper class to construct a well or wells in accordance
with the permit.
The form provided by the NJDEP that depicts the construction
details of a well, which is completed by the well driller subsequent
to well permit issuance and well installation.
[2]
Editor's Note: Appendix II is included at the end of this chapter.
[3]
Editor's Note: Appendix III is included at the end of this chapter.
The provisions of this article are applicable
to:
A.
All residential developments of two or more new lots
or dwelling units and all applications for nonresidential uses involving
either the creation of a new water use or a total projected water
use or consumption greater than 800 gallons per day.
B.
The provisions of this article shall not apply to
any agricultural wells that do not trigger either a water allocation
permit pursuant to N.J.A.C. 7:19-2.2 or a water usage certification
for agriculture, aquaculture or horticulture pursuant to N.J.A.C.
7:20A-2.
C.
Where New Jersey Department of Environmental Protection
approval is required for a water allocation permit pursuant to N.J.A.C.
7:19-2.2 or a water usage certification for agriculture, aquaculture
or horticulture pursuant to N.J.A.C. 7:20A-2, the Board's approval
shall be contingent upon receipt of the permit or certification, as
applicable, as well as compliance with this article.
A.
The purpose of undertaking an aquifer test and hydrogeologic
evaluation is to:
(1)
Determine if sufficient water is available to supply
a proposed residential or commercial development or expansion thereof.
(2)
Assess the magnitude of water-level drawdown (well
interference) impacts on existing and future nearby residential, institutional
and commercial wells/springs.
(3)
Predict the effect of long-term pumping on water levels
in existing and future wells.
(4)
Determine the potability of the proposed well source(s)
through laboratory testing.
B.
Where applicable pursuant to § 159-30, the requirements for aquifer testing and hydrogeologic evaluation are as follows:
(1)
The hydrogeologic evaluation shall include the review
of available information, including but not limited to published maps
and reports, stereo pairs of aerial photographs, New Jersey Geological
Survey (NJGS) Reports, and other applicable documents.
(2)
An evaluation of the bedrock structure/structural
characteristics shall be conducted which shall include an evaluation
of the strike and dip of the bedding planes, orientation of faults,
joints and fractures, plunges, and trends of folds. Published geological
literature may be used, if appropriate and sufficient. The results
of this evaluation along with the locations of the proposed observation
well(s) in relation to the test well(s) shall be submitted with the
aquifer test plan report required below.
(3)
In addition, the hydrogeologic evaluation shall include
a report of the recommended design, execution and analysis of the
aquifer test(s). The data collection shall be designed and evaluated
by a qualified hydrogeologist. A geologic and hydrogeologic report
containing appropriate maps, well logs, aquifer test data and observation
well data shall be prepared and submitted.
(4)
The aquifer test shall consist of at least one constant-rate
pumping test conducted at a sufficient rate and duration to be able
to determine aquifer characteristics such as transmissivity and storage
coefficient. As part of the aquifer test, observation wells are to
be monitored to determine and evaluate water-level drawdown in these
wells (the cone of depression) and aquifer parameters, and predict
the effect of long-term pumping on water levels in existing and future
wells.
(5)
Prior to conducting any aquifer test, a preliminary
hydrogeologic evaluation and the aquifer test plan shall be submitted
for review and approval by the municipality's consulting hydrogeologist
of which the applicant shall reimburse the Township for such services
by way of an escrow account.
C.
The procedures for aquifer testing and hydrogeologic
evaluation shall be as follows:
(1)
Submit a preliminary hydrogeologic evaluation and
aquifer test plan for review and approval by the municipality's consulting
hydrogeologist, with copies to the Board.
(2)
Following the approval of the preliminary hydrogeologic
evaluation and aquifer test plan by the municipality's consulting
hydrogeologist, conduct notification of proximate well/spring owners
and prepare selected wells/springs as observation points, as necessary.
Proof of notification of proximate well/spring owners shall be provided
to the municipality's consulting hydrogeologist and to the Board Secretary
and Attorney.
(4)
Conduct water quality sampling and analysis for required
parameters on representative wells.
(5)
Prepare and submit the preliminary hydrogeologic report
for review by the municipality's consulting hydrogeologist.
(6)
Respond to comments from reviewers, finalize report
and submit final hydrogeologic report to the municipality's consulting
hydrogeologist, with copies to the Board.
D.
The requirements for the aquifer test plan and aquifer
test shall be as follows:
(1)
Prior to conducting an aquifer test, the applicant
shall submit to the municipality's consulting hydrogeologist the design
of such aquifer test and the qualifications of the persons and firm
who will be performing the test.
(2)
The design of the aquifer test shall be developed
based on the required hydrogeologic evaluation, using applicable guidance
from "Guidelines for Preparing Hydrogeologic Reports for Water Allocation
Permit Application with an Appendix on Aquifer Test Analysis Procedures"
NJGS GSR 29 (1992 or most recent edition) or successor document.
(3)
The aquifer test shall be conducted in three phases:
the background phase, the pumping phase, and the recovery phase. Appendix
I, Aquifer Test Procedures,[1] of this chapter outlines the procedures for aquifer test
design, data collection and reporting.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
(4)
If the lot in question is underlain by two or more
geologic formations, then an aquifer test will be required for each
portion of the lot in question underlain by each formation. The test
requirements for each formation will depend on the number of lots
and anticipated water usage per formation.
(5)
The aquifer test(s) shall be required to be conducted
at the location(s) most representative of site geologic conditions
and also most effective for evaluating the potential impacts to proximate
users of the groundwater resource. Where it is not possible to meet
both objectives, then a location shall be chosen to optimize the two.
(6)
Observation wells shall be required to measure water-level
drawdown during the aquifer pumping test and also for the calculation
of aquifer hydraulic characteristics. The specific requirements for
observation wells are provided in Appendix II, Observation Well Requirements
— Well Testing,[2] of this chapter.
[2]
Editor's Note: Appendix II is included at the end of this chapter.
(7)
Appendix III[3] of this chapter outlines the notification requirements
and procedures for notification of owners of existing wells and springs
within 500 feet of the boundaries of the lot in question. Inadequate
notification will require the aquifer test to be repeated after new
notice. A form of notice and access agreement are included in Appendix
IV.[4]
[3]
Editor's Note: Appendix III is included at the end of this chapter.
[4]
Editor's Note: Appendix IV is included at the end of this chapter.
(8)
In the event that the preliminary hydrogeologic evaluation
indicates that a surface water and/or groundwater divide separates
the lot in question, an aquifer test will be required for each side
of the divide.
E.
The requirements for the submission of the hydrogeologic
report and the evaluation of the results of the aquifer test shall
be as follows:
(1)
A hydrogeologic report must be submitted with each
application to which this article is applicable. This report shall
document the design and implementation of the aquifer test and include
the following data, information and analysis:
(a)
An evaluation of the bedrock structure/structural
characteristics, including an evaluation of the strike and dip of
the bedding planes, orientation of faults, joints and fractures, plunges,
and trends of folds.
(b)
Calculations of aquifer characteristics such
as transmissivity and storage coefficient, calculations of the cone
of depression, potential impacts to adjacent well owners, and an evaluation
of the long-term sustained yield for the wells.
(c)
All water level and precipitation measurements
obtained during the three phases of the aquifer test in electronic
format acceptable to the municipality.
(d)
A detailed hydrogeologic description of the
aquifers encountered beneath the lot in question and adjacent properties.
(e)
A detailed evaluation of the water-supply demand
for an average and peak day. This demand should be supported with
information on anticipated population, expected unit density, size
of units, lawn and garden irrigation needs, pool filling requirements,
and other anticipated water uses.
(f)
An inventory of all wells within 1,000 feet
of the lot in question appended and placed on a base map of the entire
lot. This inventory must be submitted in electronic format acceptable
to the municipality.
(g)
Figures depicting site geology, topography,
surface water bodies, water-level elevations, groundwater flow, and
development plans.
(h)
All laboratory water quality sampling data tabulated
and summarized. A copy of the laboratory reports shall be provided
to the municipality's consulting hydrogeologist with one complete
copy to the Board. The laboratory reports can be submitted to the
municipality's consulting hydrogeologist electronically in PDF format.
(i)
A detailed evaluation of potential impacts from
subsurface sewage disposal systems on groundwater quality. A site
plan or survey of the lot in question depicting topography, actual
and planned well locations, septic leach field locations, and fracture
trace locations at a minimum scale of one inch equals 200 feet should
be included. For any and all locations where a fracture or set of
fractures intersects one or more wells and/or septic leach fields,
a detailed assessment of treatment technologies should be included.
The treatment technologies should provide adequate assurances that
any and all groundwater pumped from the wells will satisfy federal
and New Jersey drinking water standards (MCLs) and will not be degraded
by the septic leach field discharges.
(j)
The hydrogeologic report shall be prepared and
signed by a qualified hydrogeologist using applicable sections of
GSR 29 (New Jersey Geologic Survey, Guidelines for Preparing Hydrogeologic
Reports for Water Allocation Permit Applications, with an Appendix
on Aquifer Test Analysis Procedures) or successor document as a guide.
(k)
The hydrogeologic report shall include the name
and license number of the well driller and pump installer. The report
shall include the names of the persons and firm responsible for collecting
the water-level measurements. In addition, the report shall include
copies of the completed NJDEP well records. Appendix V[5] provides a checklist of all items that must be addressed
in the hydrogeologic report.
[5]
Editor's Note: Appendix V is included at the end of this chapter.
(2)
The evaluation of the hydrogeologic report and test
results shall include consideration of the following, any or all of
which will result in a requirement that the test be repeated:
(a)
Precipitation. A test conducted during a period
in which 0.5 inch or more of precipitation are recorded at or near
the lot in question must be repeated or technical documentation provided
that the precipitation event had no impact on water levels 24 hours
before, during, and 24 hours after the test.
(b)
Background phase. Antecedent influences (from
recent precipitation events, changes in barometric pressure, outside
pumping influences, etc.) must be determined and, if necessary, water-level
data from the pumping phase and recovery phase must be corrected.
Insufficient data to assess these influences will require repetition
of all three phases of the aquifer test.
(c)
Pumping phase.
[1]
If the pumping rate does not exceed the average
daily demand by 120% or the peak-day demand cannot be pumped within
a twenty-four-hour period, the aquifer beneath the lot in question
may be deemed insufficient to meet the anticipated demands, and the
applicant shall review and adjust the proposed demand and/or extent
of development proposed. Some of the alternatives may include:
[a]
Conducting two or more aquifer
tests at discrete locations within the lot in question. The total
volume of water pumped during the two or more aquifer tests must equal
or exceed the proposed twenty-four-hour peak-day demand. This may
be particularly applicable where large withdrawals are proposed in
low yielding bedrock aquifer systems. Each test must be conducted
individually and at no time should two wells be pumped simultaneously.
[b]
Decreasing the number of proposed
lots/dwelling units or amount of nonresidential development proposed
or otherwise reducing the amount of groundwater to be withdrawn.
[c]
Rearranging the development layout
to better fit the availability of groundwater resources.
[2]
If the pumping rate varies by more than 10%
of the average flow rate, the entire test shall be repeated.
[3]
If the pump shuts down during the pumping phase,
the entire test must be repeated.
[4]
If water levels in the pumping and/or observation
wells exceed the measurement capacity of the devices used for measuring
changes in water levels and measurements are not recorded with other
devices in accordance with the schedule listed in Appendix I, the
test must be repeated.
[5]
If the pumping data indicate a change in aquifer transmissivity as a result of fracture dewatering, all analyses of the potential radius of influence and impacts to neighbors, streams, and wetlands must be conducted using the lower value of aquifer transmissivity. If this lower aquifer transmissivity indicates that the anticipated demand cannot be supported by the aquifer beneath the site, the applicant will need to review and adjust the proposed demand and/or extent of development as outlined in Subsection E(2)(c)[1] above.
(d)
Recovery phase.
[1]
For purposes of evaluating water-level recovery,
the recovery phase duration will be equal to the pumping phase duration.
For example, if the pumping phase is eight hours in duration, water
levels eight hours after the pump has been turned off will be compared
to the prepumping static water level to assess recovery magnitude
and degree of recovery.
[2]
If water-level recovery is less than 90% of full recovery at the end of a recovery phase of similar duration as the pumping phase, the applicant must show through standard/recognized aquifer test analytical methods and calculations that the well or wells are capable of full recovery. If full recovery cannot be shown or groundwater mining/dewatering has occurred, the applicant will need to review and adjust the proposed demand and/or extent of development as outlined in Subsection E(2)(c)[1] above.
(e)
Neighboring wells.
[1]
If the drawdown is measured or projected to
be more than one foot at any existing adjacent property well or along
a boundary of the lot in question, the applicant's hydrogeologist
must evaluate long-term potential impacts to adjacent properties based
on the actual operating condition of wells in that zone or along that
portion of the boundary of the lot in question.
[2]
If a drawdown of five feet or more (Note: This may be adjusted at the recommendation of the municipality's consulting hydrogeologist taking into account existing lot sizes adjacent to the lot in question and the lot sizes/extent of development/amount of demand proposed) is noted in any existing adjacent property well, or is projected at any boundary of the lot in question, then the aquifer will be deemed to have insufficient transmissivity and capacity to support the proposed demand and/or extent of development. The applicant will be required to review and adjust the proposed demand and /or extent of development and well locations to ensure that drawdown will not exceed five feet at any boundary of the lot in question as outlined in Subsection E(2)(c)[1] above.
(f)
Impacts to streams and wetlands. If drawdown
is measured or projected to induce leakage from streams or wetlands
such that base flow in these streams will be directly reduced or wetlands
partially or entirely dewatered, then the proposed demand and/or extent
of development must be reduced to prevent adverse impacts to stream
flow and wetlands.
(g)
Additional testing. Any test that must be repeated,
restarted, or reconducted at a reduced demand, must satisfy all the
requirements of this article including but not limited to renotification
of all property owners within 500 feet of the lot in question and
resubmission of an aquifer test plan for Board approval prior to implementation
of the test.
(h)
Sealing of the observation wells. Pursuant to
N.J.S.A. 58:4A, all observation wells installed as part of the aquifer
testing shall be properly abandoned. A certified and licensed well
driller shall abandon the wells in accordance with the requirements
of N.J.A.C. 7:9D-3.1 et seq. The well abandonment forms shall be completed
and submitted to the New Jersey Department of Environmental Protection,
Bureau of Water Allocation (call 609-984-6831 for forms and information).
A.
The purpose of the water quality evaluation is to
determine that the groundwater used to supply a proposed use or development
does not contain more than the maximum contaminant levels established
by the NJDEP for drinking water quality. In the event that one or
more constituents do not meet the applicable MCLs, standard treatment
systems need to be readily available.
B.
Determination of water quality shall be in accordance
with the following:
(1)
Water quality shall be determined for each pumping
well and on-site observation well as part of this program. Water samples
from a pumping well used for the aquifer pumping test shall be collected
during the pumping phase of that test. Water samples from the on-site
observation wells shall be collected either three days in advance,
or three days after the pumping test has been completed. The samples
must be collected in accordance with the NJDEP Field Sampling Procedures
Manual.
(2)
At a minimum, the samples shall be analyzed by an
NJDEP certified laboratory for: hardness, gross alpha particle activity,
arsenic, iron, manganese, copper, lead, nitrate, E coli bacteria,
and total and fecal coliform bacteria as well as any other element
determined under the Private Well Testing Act, as may be amended or
expanded by the Andover Township Board of Health or Sussex County
Health Department. The samples shall also be analyzed for volatile
organic compounds for which the USEPA or NJDEP has determined maximum
contaminant levels using USEPA Method 524.2.
(3)
During the pumping test, field measurements of pH,
conductivity/total dissolved solids and temperature shall be made
with calibrated instruments.
(4)
If conditions on the lot in question or the history
of the lot in question indicate the potential historic use of materials
containing heavy metals, pesticides, herbicides, or other volatile
or semi-volatile organic compounds at or near the lot in question,
these analyses must also be conducted.
(5)
Based on past historical operations at the lot in
question or at nearby properties, the Board, in its discretion, may
require additional analyses of the groundwater to assess current and
potential future impacts. The results of the water sample analyses
will be used to assess background (predevelopment) water quality conditions.
C.
Water quality analyses shall be undertaken within
160 days of submission of an application for development or application
for a permit.
The fees to the Township of Andover Land Use Board or Board of Adjustment shall be covered by the development application fees and escrow requirements set forth in Chapter 74, Land Use Procedures, Article VI, Fees and Costs. Fees to the Township of Andover Board of Health and the Sussex County Health Department shall be as required by those entities.
A.
If a lot is proposed to connect with a public or community
water system, the applicant shall present proof of permission to connect
with that system.
B.
If a lot or lots will utilize individual wells, the
aquifer testing and hydrogeologic analysis and water quality requirements
of this article shall be met, where applicable. Moreover, 25% of the
proposed wells shall have been constructed in accordance with all
requirements of the local and state Health Department as a condition
of preliminary approval of any major subdivision and before submission
of a final major subdivision application. The wells shall be constructed
on every fourth lot following the grant of preliminary approval so
that in the event it is found that adequate water supply cannot be
provided to a particular lot, that lot may be merged at the time of
final approval with an adjoining lot that already has a dependable
well. The applicant shall submit a letter from the Sussex County Health
Department stating that all constructed wells meet county standards.
