[HISTORY: Adopted by the Board of Health
of the Township of Boonton 12-18-1962; amended in its entirety 5-22-2000 by Ord. No. 611. Amendments
noted where applicable.]
A code regulating the location, construction,
alteration, use and supervision of individual and semipublic water
supplies, requiring certain permits, the fixing of fees and prescribing
penalties for violation is hereby adopted pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of the code is annexed to this chapter and made
a part of it without inclusion of the text herein.
The code established and adopted by this chapter
is described and commonly known as "Standards for the Construction
of Public Noncommunity and Nonpublic Water Systems (1985)" which is
set forth in N.J.A.C. 7:10-12.1 through 7:10-12.43 of the New Jersey
Administrative Code and the supplements and additions thereto pursuant
to N.J.S.A. 58:11-23 et seq. and N.J.S.A. 58:12A-1 et seq. and the
amendments and supplements thereto.
Three copies of N.J.A.C. 7:10-12.1 et seq.,
Standards for the Construction of Public Noncommunity and Nonpublic
Water Systems (1985), have been placed on file in the offices of the
Secretary of the Board of Health and the Township Clerk for use and
examination by the public.
For purposes of this Chapter 177, the following terms shall have the following meanings:
A developer or property owner submitting an application for
development or for a permit to install a well.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use 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 Township for approval to locate, construct or alter a water supply in accordance with § 177-6A of this section and as authorized by N.J.A.C. 7:10-12.40.
A designated parcel, tract or area of land established by
plat or otherwise permitted by law to be used, developed or built
upon as a unit and for which the water supply is to be obtained from
a private on-site well.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The Township Health Officer, Sanitary Inspector, Registered
Environmental Health Technician or other technical representative
of the Township as may be designated by the Boonton Township Board
of Health.
The municipal agency responsible for review and approval
of an application for development.
A map prepared by a New Jersey licensed professional engineer,
based upon a plan or survey and identifying all existing and proposed
septic systems and wells within 200 feet of the proposed well(s) in
addition to requirements of N.J.A.C. 13:405.1.
A.
Well permits. No person shall locate, construct or
alter any water supply until a permit for the location, construction
or alteration of the water supply shall have been issued by the Board
of Health.
B.
Construction permits. No building permit for a new home or other structure that necessitates the drilling of a new well shall be issued unless the well intended to serve the home(s) or structure(s) has been drilled, tested and certified by the applicant's engineer or well driller as complying with state Standards for the Construction of Public Noncommunity and Nonpublic Water Systems (N.J.A.C. 7:10-12.1 et seq.), §§ 177-11 or 177-12, as applicable, of this chapter, and approved by the local enforcement officer.
The Board of Health may issue a well permit if an application therefor is accompanied by a certificate made by an engineer licensed to practice professional engineering in the State of New Jersey or well driller stating that the design of the water supply as proposed is in compliance with this Chapter 177.
New water supplies shall not be placed in operation, nor shall new dwellings or buildings or additions that rely on such new water supplies be sold or occupied, until the Board of Health has been supplied with a certificate indicating that the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code and this Chapter 177. Submission of such certificate shall not be required for alteration to an existing water supply.
A.
The provisions of this section shall apply to all
applications for development as defined in this chapter. It shall
not apply to subdivided lots of 50 acres or more.
B.
An application shall include a report by a qualified
licensed professional engineer on the geohydrology of the proposed
development site and its environs. The report shall cover or include
site specifics on the following:
(1)
A description of the geohydrology of the site and
its environs, including location of any known fractures or faults.
(2)
Location and technical specifications for the proposed
well(s).
(3)
Location of all existing and proposed disposal areas
within 200 feet of the proposed wells.
(5)
A detailed report identifying the drawdowns for each
well, the radius of influence for the same and projected drawdown
for all lots, an analysis of any adverse impacts that may be created
by the development proposal and identifying all measures that may
be employed to minimize adverse impacts. All methodology used in preparation
of this report shall be in conformance with recognized engineering
practice for groundwater hydraulics.
C.
On receipt of the report specified above, the local
enforcement officer shall review the report and make comments and/or
recommendations regarding the development application to the Board
of Health.
D.
The Board of Health shall not approve an application
for a new well unless it has been endorsed or recommended by the local
enforcement officer and unless the applicant's report, the local enforcement
officer's report and its own analysis support a conclusion that the
applicant's plans for water supply will not unreasonably contravene
the purposes of this section. The Board of Health may disapprove an
applicant's water supply plans giving its reasons, or may require
additional surveys or tests before approving the application or the
Board of Health may approve the application when it is satisfied that
the requirements of this section have been met.
E.
The Board of Health shall notify the local land use
agency of the Board's decision on an application within five days
thereof.
A.
Construction criteria. All wells shall conform to
the standards for the construction of nonpublic and noncommunity wells
as promulgated by the New Jersey Department of Environmental Protection,
N.J.A.C. 7:10-12.1 et seq., with the following amendments:
(1)
A minimum of 20 feet of well casing shall be provided
for all wells into unweathered bedrock; however, the total length
of the casing in all other cases is 50 feet.
(2)
No wells shall be located within 100 feet of any other
existing or proposed well.
(3)
Blasting for the construction or repair of any well
is prohibited.
(4)
Hydrofracture of the well to increase yields prior
to yield tests is prohibited.
B.
Permits required. It shall be the responsibility of
the owner and/or the applicant and/or well driller to obtain all necessary
state and local permits prior to drilling.
C.
Well disinfection. All existing wells which are monitored
and all new wells shall be disinfected in accordance with the standards
of the New Jersey Department of Environmental Protection.
D.
Potability testing. All newly constructed wells shall be tested pursuant to § 177-15. All observation wells shall be tested for bacteriological quality before and after the use of such wells as observation wells. Certified copies of the test results shall be submitted to the local enforcement officer.
A.
Test wells.
(1)
Test wells shall be required as set forth in this
section. The location of the test well(s) shall be provided to the
local enforcement officer a minimum of 72 hours (exclusive of Saturdays,
Sundays and legal holidays) prior to initiation of testing on a plot
plan showing the location of observation and test wells and any existing
wells that are monitored. The following shall be a guide to the number
of test well(s) required:
|
Number of Lots
|
Number of Test Wells
|
Number of Observation Wells
|
|---|---|---|
|
1
|
1
|
0*
|
|
2 to 10
|
1
|
1
|
|
11 to 25
|
1
|
2
|
|
26 to 49
|
2
|
2
|
|
50 and over
|
At the officer's discretion
|
—
|
|
NOTES:
| |
|---|---|
|
*
|
Unless there is an existing well within 500
feet, then that well shall be monitored.
|
(2)
Additional test and/or observation wells may be required
at the local enforcement officer's discretion.
B.
Observation well criteria. Observation wells and all existing wells within a 500-foot radius of the test well shall be monitored. The minimum number of observation wells does not include existing wells excepting development proposals for one to two lots which may use existing wells as observation wells. Observation wells should be located a minimum of 200 feet and a maximum of 500 feet from the test well. All wells may be installed in locations which may be utilized for future domestic ground water supplies (see § 177-10A). Observation of existing wells may be waived if the applicant provides documentation indicating a reasonable effort to monitor the same was made by the applicant and the applicant was denied access to the same.
C.
The test wells shall be pumped continuously for eight
hours. Each well will be tested for yield, drawdown and recovery.
Test wells shall be tested for peak demand and constant head at flow
rates determined in accordance with New Jersey Geological Survey Ground-Water
Report Series No. 1, Two-Part Pump Test for Evaluating the Water Supply
Capabilities of Domestic Wells as prepared by Jeffrey L. Hoffman and
Robert Canace for the New Jersey Geological Survey, Department of
Environmental Protection. The length of testing shall be as determined
in accordance with the aforementioned publication for peak demand
tests and a minimum eight hours for the constant head test. The lowest
yielding of all wells drilled shall be the test well.
D.
Flow rates. Minimum rates shall be established in accordance with the methods described in Subsection C above. The maximum constant head flow rate shall equal or exceed that established for the maximum dwelling size anticipated. If flows less than that determined for the maximum structure size are obtained, then a detailed report identifying the minimum must be submitted with the application. Minimum flow rates for nonresidential wells shall be determined in accordance with Table 1 of N.J.A.C. 7:10-12.7 et seq., Standards for the Construction of Public-Community and Non-Public Water Systems.
E.
The following information about each well shall be
certified by the applicant's well driller or engineer and furnished
to the local enforcement officer:
(1)
Revised plot plan showing the exact well location.
(2)
Date drilled.
(3)
Casing diameters.
(4)
Yield in gallons per minute (GPM) as identified above.
(5)
Geologic formation or rock type based upon maps and
field observations.
(6)
Depth.
(8)
Static water level (the elevation or depth of water
in well prior to pumping or after pumping as measured from top of
casing.)
(9)
Pumping level (in feet).
(10)
Hours pumped.
(11)
Drawdown in feet of test and observation wells
shall be monitored by the applicant continuously during the pumping
test and any change in well levels shall be recorded.
(12)
Recovery time of test and monitor wells. ("Recovery
time" is defined as a status level at or above 90% of static prior
to test, and shall not exceed 24 hours.)
(13)
Depth to bedrock.
(14)
Elevation at ground surface.
(15)
Pump type and specifications.
(16)
Observation methods and measurement details.
F.
If, in the judgment of the local enforcement officer
or the Board of Health there is reason to believe that the purposes
of this section may, in any way, be contravened by the proposed withdrawals,
additional test pumping may be required.
G.
Unless it can be demonstrated by the applicant's engineer
or well driller that yields are above the required rate of discharge
for the system and there is no detrimental effect on surrounding wells,
lawn irrigation systems are prohibited. Increased storage may be recommended.
The well which is intended to provide water
service to each building lot shall be drilled and tested prior to
the issuance of a building permit in accordance with the following:
A.
The proposed well shall be pumped continuously for
four hours and tested for yield, drawdown, and recovery. The well
shall be tested for peak demand and constant head at flow rates determined
in accordance with New Jersey Geological Survey Ground-Water Report
Series No. 1, Two-Part Pump Test for Evaluating the Water Supply Capabilities
of Domestic Wells as prepared by Jeffrey L. Hoffman and Robert Canace
for the New Jersey Geological Survey, Department of Environmental
Protection.
B.
Flow rates. Minimum rates shall be established in accordance with the method described in Subsection A above. The maximum constant head flow rate shall equal or exceed that established for the maximum dwelling size anticipated. If flows less than that determined for the maximum structure size are obtained, then a detailed report identifying the minimum shall be submitted with the application. Minimum flow rates for nonresidential wells shall be determined in accordance with Table 1 of N.J.A.C. 7:10-12.7 et seq., Standards for the Construction of Public Non-Community and Non-Public Water Systems.
C.
The lot owner's well driller or engineer shall certify
and furnish to the local enforcement officer the following information:
(1)
Addendum to well permit application showing the exact
well location.
(2)
Date drilled.
(3)
Casing diameters.
(4)
Yield in GPM as defined above.
(5)
Geologic formation or rock type based upon maps and
field observation.
(6)
Depth.
(8)
Static water level (the elevation or depth of water
in well prior to pumping or after pumping as measured from top of
casing).
(9)
Pumping level (in feet).
(10)
Hours pumped.
(11)
Drawdown in feet.
(12)
Recovery time.
(13)
Depth to bedrock.
(14)
Elevation at ground surface.
(15)
Pump type and specifications.
(16)
Observation methods and measurement details.
D.
If, in the judgment of the local enforcement officer,
there is reason to believe that the purpose of this section may in
any way be contravened by the proposed withdrawal, additional test
pumping may be required by the enforcement officer.
E.
Unless it can be demonstrated by the applicant's engineer
or well driller that yields are above the required rate of discharge
for the system and there is no detrimental effect on surrounding wells,
lawn irrigation systems are prohibited. Increased storage may be recommended.
If any permit or certificate required by this
chapter is denied by the Board of Health, a hearing shall be held
thereon before the Board within 15 days after request is made by the
applicant. Upon such hearing, the Board of Health shall affirm, alter
or rescind its previous determination and take action accordingly
within 15 days thereafter.
The Board of Health or its duly authorized representative
may order all further work in and about any water supply which is
being erected or installed in violation of the aforesaid code and/or
the provisions of this chapter to be stopped forthwith, except such
work as shall be necessary to remedy such violation, and thereafter
the work continued without any violation of any of the provisions
of the code or of this chapter. After issuance of any such order and
the service of a copy thereof upon any person connected with or working
in and about the erection or installation of such water supply or
any part thereof, no further work shall be done thereon except as
aforesaid.
Prior to the transfer of title of any new residential
dwelling serviced by an individual water supply, or prior to the use
of any new well for an existing residential dwelling, a certificate
of potability shall be obtained from the Board of Health indicating
that the water supply meets the current primary potable water supply
standards of the State of New Jersey and the Board of Health. Certified
laboratory results of samples must be supplied prior to issuance.
Results must indicate hardness, pH, coliform bacteria, standard plate
count, nitrates, iron and manganese. The results of all laboratory
analyses used to obtain a certificate of potability are valid for
nine months after the date of sampling. The only exception will be
in the case of coliform bacteria testing where the results are valid
for three months after the sampling date.
The fees and charges shall be as set forth in § 82-1A of this Code.
A.
All wells that are taken out of service must be sealed
in accordance with N.J.A.C. 7:9-9.1 et seq. by a licensed well sealer
within 30 days of the disconnection.
B.
The well is considered to be out of service if a new
on-site well or connection of a public water supply system has been
installed as a replacement water supply.
C.
The well sealer shall submit a completed New Jersey
Department of Environmental Protection Well Abandonment Report after
sealing the well.
D.
The well sealer shall provide 24-hour notification
to the Board of Health prior to sealing the well.
The Board of Health reserves the right to waive
any provision of this chapter which may be more stringent than the
applicable regulations promulgated by the Department of Environmental
Protection, provided that the applicant can demonstrate that the application
of the local regulation will cause unnecessary hardship and that a
waiver will not adversely affect the public health, safety or welfare.
A.
Any person, firm or corporation who or which violates
any of the provisions of this chapter shall be subject to a fine of
not less than $5 and not to exceed $500, at the discretion of the
court.
B.
In the event that a defendant shall have been twice
convicted within the space of six months of the violation of any provision
of this chapter and due proof of such fact is made, the court may,
in addition to the penalty above provided, cause the defendant to
be imprisoned for any number of days not exceeding one for each dollar
of the penalty.
