[HISTORY: Adopted by the Board of Health of the Township of West Windsor 9-18-1984 by Ord. No. BH84-2 (Ch. BH:X of the Revised General Ordinances); readopted by the Township Council 4-19-1999 by Ord. No. 99-07. Amendments noted where applicable.]
Fees — See Ch. 82.
The Township of West Windsor deems it necessary in regard to the public health within the municipality pursuant to N.J.S.A. 26:3-31a to protect the citizens of the Township of West Windsor from any abuses relating to the drilling and inspection of water from wells and to prevent the use of or to close any well the water of which is polluted or detrimental to the public health. Reference is also made to N.J.S.A. 58:1A-6, 58:1A-7 and 58:1A-15 and N.J.A.C. 7:10-12.1 et seq., which contain the applicable state regulations and requirements.
As used in this chapter, the following terms shall have the meanings indicated:
- HEALTH OFFICER
- The West Windsor Township Health Officer, any and all deputies under his or her supervision or control and/or any designees acting on behalf of the West Windsor Township Health Officer or West Windsor Township Health Division.
Every property owner and every well driller licensed to drill wells in the State of New Jersey shall, prior to the drilling of the same, file an application with the Health Division of the Township of West Windsor for a permit to drill said well, showing the names of the owners of the property, the name of the licensed well driller proposing to drill the well, the street address and tax map lot and block of the property in question and an informal sketch showing as accurately as possible the location of the proposed well upon the property, as well as the location of any existing or proposed septic systems and laterals thereof located on the property and/or adjacent properties within 100 feet.
Permits will be granted to all applicants when located in accordance with the distance requirements set forth in N.J.A.C. 7:10-12.13, unless it appears that the location of the well is so close to an existing or proposed septic system or laterals thereof or is in some other way likely to cause a potential health hazard. If a public water supply is available to the property, a new private water well may be drilled or the existing one kept, provided that no cross-connection possibility exists and that compliance with state and local laws relating thereto is assured.
Notwithstanding anything set forth above, any person proposing to commence work on a well must give at least 48 hours' written notice to the Health Division of the Township of West Windsor before commencing any such work. In addition, the Township's Health Officer must be allowed to be present during any and all phases of construction that said individual chooses to be present at up to and through completion.
[Amended 7-17-1985 by Ord. No. BH85-2]
Upon attaining a permit, the well driller in charge, before completion of the well, must notify the Health Officer and arrange a date when the water sample will be taken by a New Jersey Certified Testing Laboratory for potability, as required by the New Jersey Department of Environmental Protection and/or the West Windsor Township, so that the Health Officer, if said Health Officer so chooses, may be present at the time the sample is to be taken. Each sample taken must be placed in an approved closed container and labeled with a label noting the date the sample was taken and the permit number under which it was taken. The Health Officer may require a second sample be taken at the same time and labeled in the same manner for use by the West Windsor Township Health Division as a control or check sample.
Upon completion of the well, the well driller must present to the Township Health Division a copy of the results by a New Jersey State Certified Testing Laboratory of the water sample and provide an additional copy for filing with the Health Officer.
The West Windsor Township Health Officer may have access and entry to any property upon which there is located a private well to inspect the same and/or take samples of the water therefrom at any time.
The Health Officer may order any well which is determined to be polluted or detrimental to the public health closed until and unless the water is made potable. Such order shall notify the well driller or property owner that a hearing may be held on five business days' notice before the Board of Health of the Township of West Windsor, upon written request made by the owner or the well driller. In the event that such written request is made and no hearing is held or the owner or well driller is successful in said hearing, the order of closure shall be immediately and automatically voided. In the event that no hearing is requested or the well driller or property owner is unsuccessful after a hearing demanded, the order of closure shall remain in full force and effect until the well water is determined to be safe for human consumption by the Health Officer. Said notice shall be in writing, delivered to the premises in question or the licensed driller by regular mail and shall state the reason for the proposed order to close the well.
Any well declared abandoned must be sealed in accordance with N.J.S.A. 58:1A-6, 58:1A-7 and 58:1A-15.