[HISTORY: Adopted by the Board of Health
of the Borough of Hopatcong 6-19-1970. Amendments noted where applicable.]
A code regulating the location, construction,
alteration, use and supervision of individual and semipublic water
supplies requiring certain permits, providing for the inspection of
such supplies, the fixing of fees and prescribing penalties for violations
is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1
to 26:3-69.6). A copy of said code is annexed hereto and made a part
hereof without inclusion of the text thereof herein.
The code established and adopted by this chapter
is described and commonly known as the "Individual and Semipublic
Water Supply Code of New Jersey (1966)."
Three copies of the Individual and Semipublic
Water Supply Code of New Jersey (1966) have been placed on file in
the office of the Secretary, Clerk or other similar officer of this
Board of Health upon the introduction of this chapter and will remain
on file in said office for use and examination by the public.
A.
Section 3, Location, of said Individual and Semipublic
Water Supply Code of New Jersey (1966) is hereby modified as follows:
(1)
Subsection 3.2(b) shall read as follows:
(a)
Distances from disposal fields and seepage pits.
All new wells authorized after the adoption of this chapter shall
be provided with an outside watertight casing to a depth of 50 feet
or more, and in such cases the minimum distance from any disposal
field and seepage pit shall, for purposes of this chapter, be and
is hereby determined to be 50 feet or more from said well.
B.
Section 4, Well Construction, of the said Individual
and Semipublic Water Supply Code of New Jersey (1966) is hereby modified
as follows:
(1)
In Subsection 4.2.5, Dug Wells, Subsections (a) through
(e) are inapplicable to new well installations and in lieu thereof
the following provisions shall apply:
(a)
Dug wells shall only be authorized for water
supply sources which are in existence and use for said purpose at
the time of the adoption hereof and which otherwise qualify with regard
to the provisions applicable to dug wells as contained in the Individual
and Semipublic Water Supply Code of New Jersey (1966). On and after
the date of the adoption hereof, no permit shall be issued for a dug
well and the same are hereby declared unauthorized and prohibited
for new well installation hereafter.
(2)
Subsection 4.3.1(b) of Subsection 4.3, Casings, is
hereby modified as follows:
(a)
Minimum diameter. — No well
casing shall be smaller than six inches, inside diameter.
(3)
In Subsection 4.4.1, Water Table Wells, Subsection
(b) is modified by the elimination thereof in that no new well installations
shall be constructed by means of boring or digging.
(4)
Subsection 4.4, Casing Depths, is hereby further modified
by the addition of Subsection (d) thereto as follows:
[Amended 11-26-1974]
(a)
Notwithstanding any of the provisions of Subsection
4.4, Casing Depths, all casings shall be a minimum of 50 feet below
the surface of the ground regardless of location and all casings shall
extend not less than nine or more than 18 inches above the finished
grade and have a pitless adapter and cap of a type approved by the
Water Well Association.
(5)
Subsection 4.6.2, Dug Wells, is hereby modified by
the elimination thereof in that no new well installations shall be
by means of dug wells as hereinbefore provided.
C.
Section 5, Springs, Cisterns and Surface Supplies,
of said Individual and Semipublic Water Supply Code of New Jersey
(1966) is hereby modified as follows:
(1)
Subsection 5.1, Springs, and Subsection 5.2, Cisterns,
are hereby deleted and eliminated as to all new water supply sources
in that all such supplies shall henceforth, unless otherwise authorized
herein or within the provisions of the Individual and Semipublic Water
Supply Code of New Jersey (1966) as modified hereby, be by a drilled
well.
(2)
Subsection 5.3.3, Treatment Plant Design, is hereby
modified by the addition of the following provision:
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Any surface water supply must be reviewed by
the entire Board of Health prior to the issuance of a certificate
of compliance by the said Board or an authorized agent thereof. An
applicant for approval of a surface water supply shall be required
to submit to the Board of Health the basic information required by
Section 8 setting forth the requirements for certification as set
forth in the Individual and Semipublic Water Supply Code of New Jersey
(1966) as well as a detailed drawing and engineer report relative
to the treatment plant design and capabilities.
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D.
Section 6, Pumps and Equipment, of said Individual
and Semipublic Water Supply Code of New Jersey (1966) is hereby modified
as follows:
[Amended 11-26-1974]
(1)
Subsection 6.4, Seal, shall have in addition thereto
the following added provision:
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6.4.4 Well Seal and Test. — All
wells hereinafter installed shall be sealed by a drive shoe and concrete
sealed tip or its equivalent. Prior to the receipt of a certificate
of compliance, said well shall be tested by the application of 10
pounds air pressure to the casing which said pressure must remain
constant for 10 minutes thereafter in order for the well to be determined
as properly sealed. Prior to air test being taken, grout shall have
set for 12 hours.
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E.
Section 9, Administration, of said Individual and
Semipublic Water Supply Code of New Jersey (1966) is hereby modified
as follows:
(1)
Subsection 9.1, License or Permits, is hereby modified
by the addition of Subsection 9.1.1 as follows:
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9.1.1 Any and all persons or entities, except
a bona fide owner-occupant of a single-family dwelling, who is to
locate, construct, alter, repair, improve or in any way modify any
water supply within the Borough of Hopatcong, specifically including,
but not by way of limitation, the installation of any water pump or
supplies, shall be required to have been issued a license by this
Board of Health to engage in such activities. The requirements for
said license shall be set by the Board of Health and/or their authorized
agent. The fee for such license shall be $30 per annum and the license
shall expire on the 31st day of December in each year.
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A valid municipal master plumber's license,
when issued or a state master plumber's license issued under the State
Plumbing License Law of 1968[1]shall be acceptable in lieu of the foregoing.
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[1]
Editor's Note: See N.J.S.A. 45:14C-1 et seq.
A.
No person shall locate, construct or alter any water
supply until a permit for the location, construction or alteration
of said water supply shall have been issued by the Board of Health.
B.
The Board of Health may issue such permit if an application
for the permit is accompanied by a certificate made by any person
authorized to submit the same by resolution of the Board of Health
of the Borough of Hopatcong or by a certificate made by an engineer
licensed to practice professional engineering in New Jersey stating
that the design of the water supply as proposed is in compliance with
the code.
C.
No permit will be issued for the location or construction
of any new water supply well if any portion of the property to be
serviced by said well lies within 100 feet of a public water supply
owned and operated by the Borough of Hopatcong. Said one-hundred-foot
distance shall be determined by measuring along the street or roadway
on which said property is located to the nearest water supply line.
[Added 7-24-1996]
D.
No permit will be issued for any major alteration of an existing well to service any developed property when a public water supply line owned and operated by the Borough of Hopatcong is available to said property, as determined in accordance with Subsection C above. For purposes of this chapter, a "major alteration" shall mean a deepening, a redrilling, an increase in the well diameter or the installation of casing where no such casing presently exists. The term "major alteration" shall not include pump repairs, supply line repair or replacement, hydro fracturing, minor repairs to casing or other similar repairs.
[Added 7-24-1996]
E.
Any applicant aggrieved by the provisions of Subsections C and D above may apply to the Board of Health for a waiver of the requirement. The Board of Health shall conduct a hearing with respect to each such application at which the applicant shall present to the Board all facts and circumstances which the applicant believes support the requested waiver. In reviewing such a waiver application, the Board of Health may consider the following factors: the cost for the water main extension in relation to the cost of the proposed well, the physical location of the existing or proposed structures on the property in relation to the street, other environmental or physical constraints which might present difficulties to water main installation, the location of other wells and septic systems in the vicinity and any other factor deemed relevant by the Board of Health.
[Added 7-24-1996]
[Amended 10-28-1998 by Ord. No. 24-98; 8-18-1999 by Ord. No. 20-99]
Newly constructed wells or wells that are deepened shall not be placed in operation, nor new dwellings or buildings or additions thereto be sold or occupied which must rely on such a supply of water until the Board of Health shall have issued 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. The Board of Health shall not issue a certificate of compliance until such time as a sample of the water provided by such water supply has been collected and analyzed in accordance with the provisions of §§ 290-14 through 290-16 below and such analysis shows the water to be compliant with all potability and safe drinking water standards and requirements applicable thereto. Issuance of such a certificate shall not be required for alteration to an existing system.
In case any permit or certification required
by this chapter is denied by the Board of Health, a hearing shall
be held thereon before the Board within 15 days after a request therefor
is made by the applicant, and, upon such hearing, the Board of Health
shall affirm, alter or rescind its previous determination. and take
action accordingly within 15 days after the date of such hearing.
The Board of Health may order all further work
in and about any water supply which is being erected or installed
in violation of the code 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. 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 any such water supply, or any part thereof, not
further work shall be done thereon except as aforesaid.
[Amended 11-26-1974]
A.
The following fees and charges are herewith established:
(1)
For the filing of an application and plans for a permit
to locate and construct an individual water supply: $30.
(2)
For the filing of an application and plans for a permit
to alter an existing individual water supply: $15.
(3)
For the filing of an application and plans for a permit
to locate and construct a semipublic water supply: $50.
(4)
For the filing of an application and plans for a permit
to alter an existing semipublic water supply: $30.
(5)
For the issuance of a permit to locate and construct
a semipublic water supply: $5, plus an additional sum of $10 per dwelling
or unit to be supplied by the semipublic system.
(7)
For certification of a water sample analysis by the
Hopatcong Borough Board of Health: $50.
[Added 8-18-1999 by Ord. No. 20-99]
(8)
For any requested inspection of a well by the Hopatcong
Borough Health Officer or Hopatcong Board of Health: $50.
[Added 8-18-1999 by Ord. No. 20-99]
B.
Any permit issued under this chapter shall be valid
and subsisting for a period of one year and shall not be renewable.
Nothing herein contained shall prohibit the holder of an expired permit
from applying for the issuance of a new permit.
[Added 11-26-1974]
Every abandoned well as defined in the Individual
and Semipublic Water Supply Code of New Jersey (1966) shall be filled
in with concrete or grouted so as to render it safe.
[Added 12-16-1998 by Ord. No. 38-98]
B.
ACT
AUTHORIZED AGENT
LOT
NONPOTABLE WATER SUPPLY
PLAT
POTABLE WATER SUPPLY
REGULATION
SALE
TRANSFER
As used in this chapter, the following terms shall
have the meanings indicated:
New Jersey State Safe Drinking Water Act, N.J.S.A. 58:12A-1
et seq., as amended and supplemented from time to time.
The Health Officer of the Borough of Hopatcong.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law.
Any water not used or intended to be used as potable water
supply and permanently identified as such.
A map or maps of a subdivision or site plan.
Any water used or intended to be used for drinking, bathing,
culinary or other personal contact purposes.
The New Jersey Safe Drinking Water Regulation, N.J.A.C. 7:10-1
et seq., as amended and supplemented from time to time.
Fee simple title is passed from one person or legal entity
by deed or other means of conveyance.
A change of possession from one party to another party either
by lease or otherwise for a period in excess of one year.
[Added 10-28-1998 by Ord. No. 24-98]
A.
As a condition precedent to the issuance of a certificate of occupancy for all residential dwelling properties within the Borough of Hopatcong, a water analysis report, as defined in §§ 290-14 and 290-15 of this chapter, shall be filed with the Hopatcong Borough Board of Health/Health Officer and said report certified by the Borough of Hopatcong Board of Health or Health Officer as indicating that there is a safe drinking water supply.
B.
Upon the sale or transfer of all properties that are serviced by a nonpublic water system within the Borough of Hopatcong for residential purposes, the prospective buyer, prior to settlement, shall obtain a water analysis as defined in §§ 290-14 and 290-15 of this chapter indicating the existence of a safe drinking water supply as approved by the Hopatcong Borough Board of Health or Health Officer.
[Amended 12-13-2000 by Ord. No. 26-2000]
[Added 10-28-1998 by Ord. No. 24-98]
The Hopatcong Borough Board of Health or Health
Officer may grant final certification of a well, provided that the
following requirements are met:
A.
In the case of the location or construction of a new well, the laboratory analysis of a water sample collected and analyzed in accordance with §§ 290-14, 290-15 and 290-16 of this chapter does not disclose the presence of any of the hazardous contaminants or substances set forth herein in an amount which exceeds the maximum contaminant level established under the Act, the regulations or this chapter for the same or, if no maximum contaminant level has yet to be established, the level one interim action level concentration for the same established by the New Jersey Department of Environmental Protection, Division of Water Resources.
[Added 10-28-1998 by Ord. No. 24-98]
A.
Before final certification and operation of a well, other than an exempt well as defined in Subsection B of this section, the person owning the lot upon which a new well is located and constructed or the prospective buyer of a home serviced by an existing nonpublic water supply shall have a sample of the well water collected and analyzed by a laboratory certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct testing for the individual hazardous contaminants and substances set forth in § 290-15 of this chapter. The water sample shall be taken as closely to the pumping well as possible. If a sample must be taken following a treatment unit, the type, size and purpose of the unit shall be reported along with the test results. In no case shall treatment equipment be installed on a new well prior to the first sample. The result of said laboratory analysis shall be forwarded directly by the laboratory to the Health Officer for the Borough of Hopatcong.
[Amended 12-13-2000 by Ord. No. 26-2000]
B.
The following nonpotable supply wells shall be exempt from the sampling and analysis requirements established under Subsection A of this section and §§ 290-15 and 290-16 of this chapter:
(1)
Any nonpotable well, the pumps and lines of which
do not enter a building, crawl space or garage and are directly connected
to a sprinkler system manifold.
(2)
Geothermal groundwater heat pump wells that are constructed
and installed as totally enclosed systems and are incapable of being
used as a potable water supply.
(3)
Fire protection wells as defined in the State Uniform
Construction Code, N.J.A.C. 5:23-1.1 et seq. which are incapable of
being used as a potable water supply.
[Added 10-28-1998 by Ord. No. 24-98]
A.
The water sample collected under § 290-14 of this chapter shall be analyzed by a laboratory certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to determine whether any of the following hazardous contaminants and substances are present in amounts which exceed the maximum contaminant level established under the Act and the regulations for the same or, if no maximum contaminant level has yet to be established, the level 1 interim action level concentration for the same established by the New Jersey Department of Environmental Protection, Division of Water Resources:
[Amended 8-18-1999 by Ord. No. 20-99]
B.
All water samples shall be collected, tested and analyzed in accordance with the criteria and procedures established by the New Jersey Department of Environmental Protection in N.J.A.C. 7:18-2.1 et seq. Upon request by the Hopatcong Borough Health Officer or Hopatcong Board of Health, the laboratory submitting the test results shall submit proof that it is certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct the tests necessary to determine the presence of the hazardous contaminants and substances set forth in § 290-15A above.
C.
In the event that the laboratory analysis of a water sample collected from a new well reveals the presence of any hazardous contaminants or substances identified in § 290-15A above in an amount exceeding the maximum contaminant levels set forth in and incorporated in this chapter for the same, the Hopatcong Borough Health Officer or Hopatcong Board of Health must be notified prior to resampling the well for the purposes of determining resampling procedures.
[Amended 12-13-2000 by Ord. No. 26-2000]
D.
In the event that the laboratory analysis of a water sample collected from a nonpublic water supply/system which services a property being sold or transferred reveals the presence of coliform bacteria and/or nitrates, same being classified as primary drinking water standards, in amounts exceeding the maximum levels set forth and incorporated in this chapter, the Hopatcong Borough Health Officer or Hopatcong Board of Health shall be notified thereof. Corrective measures shall be implemented with respect thereto so as to bring the levels of said perimeters below the maximum allowed levels prior to settlement. Should the laboratory analysis reveal the presence of other contaminants or substances identified in § 290-15A above, such being classified as secondary standards, and not considered a health risk in amounts exceeding the maximum contaminant levels set forth and incorporated in this chapter for same, the Hopatcong Borough Health Officer or Hopatcong Board of Health shall be notified thereof. These secondary standards do not require corrective action.
[Amended 12-13-2000 by Ord. No. 26-2000]
[Added 10-28-1998 by Ord. No. 24-98]
The laboratory collecting the sample and performing the water analysis required under §§ 290-14 and 290-15 of this chapter shall submit the results of the analysis directly to the Hopatcong Board of Health or Health Officer for the Borough of Hopatcong with the following information:
A.
The lot number and block number of the property upon
which the well is located and the reason for the sample, i.e., new
construction, sale or transfer.
B.
The name and mailing address of all persons owning
the property upon which the well is located.
C.
The laboratory employee or the laboratory's authorized
representative who physically collected the sample from the well.
D.
The date and time that the well sample was collected.
E.
The specific point of collection of the water sample.
F.
The date and time the sample was analyzed by the laboratory.
[Added 10-28-1998 by Ord. No. 24-98]
Hopatcong Borough Board of Health shall develop
and implement appropriate policies and procedures for the proper administration
of this chapter.
[Added 10-28-1998 by Ord. No. 24-98]
The Borough of Hopatcong shall have access and
entry to any property upon which there is located a well for the purpose
of inspecting and/or testing the same.
[Added 10-28-1998 by Ord. No. 24-98]
The Borough of Hopatcong and the Board of Health
of the Borough of Hopatcong may order any well which is determined
to be contaminated to the detriment of the public health, as deemed
by an authorized agent, closed until and unless the water is made
potable.[1]
[Added 10-28-1998 by Ord. No. 24-98]
A.
In addition to any other liability or penalty imposed
by law, any person, firm, corporation or individual violating the
terms and provisions of this chapter shall, for a first offense, be
subject to a fine, in the Hopatcong Borough Municipal Court, of not
less than $150 nor more than $250. For a second or subsequent offense,
the fine shall not be less than $250 nor more than $500. The person
need not be charged as a second or subsequent offender to be punished
as the same.
B.
Each and every day in which a violation of any of
the provisions of this chapter exist shall constitute a separate offense.
