[Ord. #BH:77, 2-16-2006, added]
a.
No individual water supply system shall be constructed
upon a property for which service is available for a public water
supply system approved by the New Jersey Department of Environmental
Protection, except as provided herein. Public water system service
shall be considered to be available to a property if the property
is located within the franchise area of a public water supply and
any portion of the property or right-of-access of a property is within
100 feet of an existing water service line of the system, provided,
however, that the public water system service shall not be considered
to be available unless connection can be legally made and can be accomplished
without blasting bedrock, without the need for the acquisition of
an easement or right-of-way across adjoining property and without
crossing a watercourse, major highway or other significant obstacle.
b.
Notwithstanding the provisions of Paragraph a. above,
a person may maintain a well that is not part of an individual water
supply system, i.e., for irrigation, recreation and nonpotable purposes,
provided that the existing well shall be configured such that the
casing thereof is above grade by a minimum of 12 inches and capped
according to code within six months of the date of connection of the
property to the public water supply system. All such wells must also
comply with the minimum separation distances from underground sanitary
disposal systems, dry wells, adjoining sanitary disposal systems and
adjoining wells. In the case of the construction of a newly permitted
well to be used for nonpotable water supply, any such well must comply
with all local regulations governing water quality and the separation
requirements between the subject well and sanitary disposal systems,
dry wells, adjoining sanitary disposal systems and adjoining wells.
c.
Abandonment of wells.
1.
All wells that are taken out of service must be decommissioned
in accordance with N.J.A.C. 7:9D-3.1 et seq. by a New Jersey licensed
well driller within 30 days of the disconnection.
2.
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, except as provided in Paragraph
b. above.
3.
The well driller shall submit a completed New Jersey
Department of Environmental Protection Well Abandonment Report after
sealing the well.
4.
The well sealer shall provide twenty-four-hour notification
to the Board of Health prior to sealing the well.
d.
A person failing to comply with the terms and conditions
of this section shall be subject to the penalties set forth in section
BH:1-5, unless such person shall, within 30 days of receipt of written
notice from the Board of Health of the Township of Bernards, cause
such well to be properly abandoned in compliance with all applicable
state standards.
e.
Any person, individual or entity who shall be required
to abandon an individual water supply system within the Township of
Bernards or who shall desire to maintain an individual water supply
system in the Township of Bernards which system shall not be used
for potable water supply shall make application to the Board of Health
of the Township of Bernards on a form furnished by the Board of Health
for such purpose and shall, at the time of said application, pay the
sum of $75 to the Township of Bernards to cover the costs of application
and inspection. The failure to make application and pay the required
fee within the required time frames set forth in Paragraphs b, c and
d above shall constitute a violation of this Section pursuant to Paragraph
d.
