The governing body of Mountain Lakes finds that:
A. The groundwater underlying this municipality is a major source of
existing and future water supplies, including drinking water.
B. The groundwater aquifers are integrally connected with, are recharged
by, and flow into the surface waters, lakes and streams, which also
constitute a major source of water for drinking, commercial and industrial
needs.
C. Accidental spills and discharges of toxic and hazardous materials
may threaten the quality of these groundwater supplies and related
water sources.
D. Contaminated water from any source is a detriment to the health,
welfare and comfort of the residents of this municipality, and other
users of these water resources.
E. Spills or discharges of hazardous substances or hazardous wastes
may contaminate or pollute water. As a preventive measure, the proximity
of such materials to sources of water supplies, such as public community
wells, should be restricted so that there will be sufficient time
to find and clean up such spills or discharges before water supplies
become contaminated.
The purpose of this article is to protect the public health,
safety and welfare through the protection of our wellheads underlying
the municipality to ensure a supply of safe and healthful drinking
water for the present and future generations of local residents, employees
and the general public in this municipality, as well as users of these
water supplies outside this municipality. Areas of land surrounding
each public community well, known as "Wellhead Protection Areas" (WPAs),
from which contaminants may move through the ground to be withdrawn
in water taken from the well, have been delineated. Through regulation
of land use, physical facilities and other activities within these
areas, the potential for groundwater contamination can be reduced.
The purpose of the regulations contained in this article is to prevent
the migration of potential pollutants from areas within a WPA into
groundwater that is withdrawn from a public community well.
The Borough of Mountain Lakes is empowered to regulate these
activities under the provisions of the New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use to secure a safe and adequate drinking
water supply for its residents. With the authority to implement the
Water Resource Ordinance, Mountain Lakes Borough is also obligated
to insure that its provisions are carried out in a manner which is
consistent with N.J.A.C. 7:14B. The Health Department of this municipality
has autonomous power granted by the State Legislature to develop this
article to protect public health, safety and welfare, as set forth
in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq.,
and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21
et seq.
As used in this article, the following terms shall have the
meanings indicated:
ADMINISTRATIVE AUTHORITY
The Planning Board or Board of Adjustment and the Health
Department, acting jointly and in consultation, with all of the powers
delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
Person applying to the Health Department, Planning Board,
Board of Adjustment or the Construction Office proposing to engage
in an activity that is regulated by the provisions of this article
that would be located within a regulated Wellhead Protection Area.
AQUIFER
A formation, group of formations, or part of a formation
that contains sufficient saturated permeable rock, sand, or gravel
which is capable of storing and transmitting usable quantities of
water to wells and springs.
BEST MANAGEMENT PRACTICES (BMP)
Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes as set out in §
102-32.4.
CONTAMINATION
The presence of any harmful or deleterious substances in
the water supply.
DEVELOPMENT
The carrying out of any construction, reconstruction, alteration
of surface or structure or change of land use or intensity of use.
DISCHARGE
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
DRY WELL
A subsurface storage facility that receives and temporarily
stores roof runoff. A dry well may be either a structural chamber
and/or an excavated pit filled with aggregate in accordance with the
requirements of the Borough Engineer.
GROUNDWATER
Water contained in interconnected pores of a saturated zone
in the ground, also known as "well water." A saturated zone is a volume
of ground in which the voids in the rock or soil are filled with water
at a pressure greater than atmospheric.
HAZARDOUS SUBSTANCE
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11
et seq., or Section 4 of the New Jersey Water Pollution Control Act
(N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum
products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et
seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
MAXIMUM CONTAMINANT LEVEL
The maximum permissible level of a contaminant in water which
is delivered to any user of a public community water system.
NAICS
North American Industrial Classification System pursuant
to the North American Free Trade Agreement of 1993.
NJDEP
New Jersey Department of Environmental Protection.
PERSON
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
POLLUTED WATER
In the context of drinking water, water is polluted when
a pollutant is present in excess of a maximum contaminant level or
bacteriological limit established by law or regulation.
POTENTIAL POLLUTANT SOURCE (PPS)
An activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this article, potential pollutant sources are defined in §
102-32.4.
PPS
Potential pollutant source.
PUBLIC COMMUNITY WELL
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at 25
- least 25-year-round residents.
SOLE SOURCE AQUIFER
Any drinking water aquifer upon which more than 50% of a
population group depends and for which there is no practicable or
affordable alternate water supply, as certified by the United States
Environmental Protection Agency.
TIME OF TRAVEL (TOT)
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
TIER 1 WELLHEAD PROTECTION AREA
That area of land within a WPA from which groundwater may
enter the well within two years. (See maps referenced under § 102-32.20.0.
TIER 2 WELLHEAD PROTECTION AREA
That area of land within a WPA from which groundwater may
enter the well within five years. (See maps referenced under § 102-32.2.l.
WELLHEAD
The well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WPA)
An area described in plan view around a well, from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality of water withdrawn from
the well.
WPA
Wellhead Protection Area.
The following are major and minor potential pollutant sources
(PPS) subject to the requirements of this article. This listing is
consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7
through 12.12.
A. Major PPSs include:
(1)
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills.
(2)
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials.
(3)
Any use or activity requiring the underground storage of a hazardous
substance or waste greater than an aggregate total of 50 gallons and
regulated by NJDEP under provisions of the Underground Storage of
Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
(4)
Aboveground storage facility for a hazardous substance or waste
with a cumulative capacity greater than 2,000 gallons.
(5)
Any industrial treatment facility lagoon.
(6)
Automotive service center (repair and maintenance).
(8)
Dry-cleaning facility (except retail distribution only of dropoff
and pickup of dry cleaning only).
(9)
Road salt storage facility.
(10)
Cemetery or funeral homes or such facilities with embalming
facilities.
(11)
Truck or bus maintenance yard.
(12)
Site for storage and maintenance of heavy construction equipment
and materials.
(13)
Site for storage and maintenance of equipment and materials
for landscaping.
(15)
Quarrying and/or mining facility.C
(16)
Asphalt and/or concrete manufacturing facility.
(17)
Junkyard/auto recycling and scrap metal facility.
(18)
Farm or residential underground storage of 1,100 gallons or
less capacity used for storing motor fuel for noncommercial purposes.
(19)
Underground heating oil storage tank for on-site consumption
with a capacity greater than 2,000 gallons.
(20)
Transmission pipelines, including hazardous substance transmission pipelines, as defined by Chapter
245.
[Amended 11-14-2016 by Ord. No. 10-16]
B. Minor PPSs include:
(1)
Any use or activity requiring the underground storage of hazardous
substance or waste of 50 gallons or less.
(2)
Underground heating oil storage tank for on-site consumption
with a capacity of 2,000 gallons or less.
(3)
Sewage treatment facility.
(4)
Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in Subsection
C.)
(5)
Industrial waste line. (See conditions in Subsection
C.)
(7)
Facility requiring a groundwater discharge permit issued by
the NJDEP pursuant to N.J.S.A. 7:10-14A et seq.
(8)
Stormwater line within 100 feet of a regulated well. (See conditions in Subsection
C.)
(9)
Waste oil collection, storage and recycling facility.
(10)
Agricultural chemical bulk storage and mixing or loading facility,
including crop dusting facilities.
(11)
Aboveground storage of hazardous substance or waste in quantities of 2,000 gallons or less. (See conditions in Subsection
C.)
(12)
Any facility with a NAICS Code number included under the New
Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14,
Table II(N)A, with a toxicity number of II or greater.
C. Conditions:
(1)
Sanitary sewer lines, industrial waste lines and stormwater
lines may be located no closer than 100 feet to a regulated well,
and only if they are constructed of watertight construction (that
is steel, reinforced concrete, PVC or other suitable material as approved
by the Borough utility authority).
(2)
Manhole and/or connections to a sanitary sewer system are restricted
within 100 feet of a regulated well.
(3)
Dry wells dedicated to roof runoff and serving residential properties
or commercial or industrial properties with NAICS codes not listed
in Appendix A may be located no closer than 100 feet to a regulated
well.
(4)
Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with §
102-32.5 herein and shall be located no closer than 100 feet to a regulated well. The new aboveground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent properties.
(5)
An aboveground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with §
102-32.5 herein and shall be located no closer than 100 feet to a regulated well.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in §
102-32.4, that would be located either wholly or partially within any WPA shall comply with and operate in a manner consistent with the following best management practices, and Mountain Lakes Borough is also obligated to insure that its provisions are not carried out in a manner which is inconsistent with N.J.A.C. 7:14B:
A. All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
B. Outdoor storage, dispensing, loading, manufacturing or processing
areas of hazardous substances or hazardous wastes must be protected
from precipitation, stormwater flows or flooding.
C. Secondary containment structures.
(1)
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but not
be limited to:
(a)
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
(c)
Gutter, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
(2)
All secondary containment and diversionary structures for underground
storage tanks shall be consistent with N.J.A.C. 7:14B.
D. Secondary containment and diversionary systems, structure or equipment
must meet the following standards:
(1)
The system must block all routes by which spilled hazardous
substances could be expected to flow, migrate, or escape into the
groundwater or surface waters.
(2)
The system must have sufficient capacity to contain or divert
the largest probable single discharge that could occur within the
containment area, plus an additional capacity to compensate for any
anticipated normal accumulation of rainwater.
(3)
In order to prevent the discharge of hazardous substances into
groundwater, all components of the system shall be made of or lined
with impermeable materials sufficient to contain the substance for
the duration of a spill event. Such material or liner must be maintained
in an impermeable condition.
(4)
No manufacturing area, processing area, transfer area, dike
storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility. Exceptions to this provision shall
be for retail gasoline, diesel fuel and residential home heating oil
dispensing wherein the procedures are in conformance with NJDEP standards
and contain stormwater runoff controls in conformance with NJDEP requirements.
(5)
Catchment basins, lagoons and other containment areas that may
contain hazardous substances should not be located in a manner that
would subject them to flooding by natural waterways.
E. Stormwater shall be managed so as to prevent contamination of groundwater,
and so as to be in accordances with applicable laws and regulations
of the State of New Jersey, and of Mountain Lakes.
A prompt investigation shall be made by the appropriate personnel
of the Health Department of Mountain Lakes, of any person or entity
believed to be in violation hereof. If, upon inspection, a condition
which is in violation of this article is discovered, a civil action
in the Special Civil Part of the Superior Court, or in the Superior
Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process. Nothing in this article
shall be construed to preclude a municipality's right, pursuant to
N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal
Court. The violation of any section or subsection of this article
shall constitute a separate and distinct offense independent of the
violation of any other section or subsection, or of any order issued
pursuant to this article. Each day a violation continues shall be
considered a separate offense.