[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 5-10-2004 by Ord. No. 10-0-04. Amendments noted
where applicable.]
The governing body of the Borough of Wanaque
finds that:
A.
The groundwater underlying this municipality is a
major source of existing and future water supplies, including drinking
water. The groundwater underlying this municipality lies within the
Buried Valley Aquifer Systems of the Central Passaic River Basin,
which are designated as a "sole source" aquifer under Section 1424(e)
of the federal Safe Drinking Water Act of 1974.
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 chapter is to protect the
public health, safety and welfare through the protection of the groundwater
resources 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 (WHPAs), 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the ground to be withdrawn in water taken from the well, have been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 chapter is to prevent the migration of potential pollutants
from areas within a WHPA into groundwater that is withdrawn from a
public community well.
The Borough of Wanaque 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. The Board of Health of this municipality
has autonomous power granted by the State Legislature to develop this
chapter 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 chapter, the following terms
shall have the meanings indicated:
The Planning Board or Board of Adjustment and the Board of
Health, acting jointly and in consultation, with all of the powers
delegated, assigned or assumed by them according to statute or ordinance.
Person applying to the Board of Health, Planning Board, Board
of Adjustment or the Construction Office proposing to engage in an
activity that is regulated by the provisions of this chapter and that
would be located within a regulated wellhead protection area.
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.
These are 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.
The presence of any harmful or deleterious substances in
the water supply.
The carrying out of any construction, reconstruction, alteration
of surface or structure or change of land use or intensity of use.
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.
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.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Act, the Spill Compensation and Control Act, N.J.S.A.
58:10-23.ll et seq., or Section 4 of the State Act. Substances listed
include petroleum, petroleum products, pesticides, solvents and other
substances.
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 permissible level of a contaminant in water which
is delivered to any user of a public community water system.
New Jersey Department of Environmental Protection.
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.
In the content 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.
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 chapter, potential pollutant sources are defined in § 112-7.
Potential Pollutant Source.
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at least
25 year-round residents.
Standard Industrial Classification.
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.
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
That area of land within a WHPA from which groundwater may enter the well within 2 years. (See maps referenced under § 112-5.)
That area of land within a WHPA from which groundwater may enter the well within 5 years. (See maps referenced under § 112-5.)
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under § 112-5.)
The well borehole and appurtenant equipment.
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.
Wellhead protection area.
A.
Wellhead protection area maps.
(1)
The delineations of wellhead protection areas for public community wells, which were published by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection, are incorporated herein and made a part of this chapter. They are designated as follows: New Jersey Wellhead Protection Areas, Edition 2, Geospatial Data Presentation, New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description of these data, which has been excerpted from these materials, is appended as Appendix B.[1] A map of the wellhead protection areas located within
the Borough of Wanaque is included as part of this chapter, is appended
as Figure 1, and is adopted as of July 1, 2004. Maps of the municipality
on which these delineations have been overlain shall be on file and
maintained by the offices of the Clerk of the Borough of Wanaque,
and of the Board of Health of the Borough of Wanaque.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Wellhead protection areas, as shown on the maps described in § 112-5A(1), shall be considered to be superimposed over any other established zoning district. Land in a wellhead protection area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.
B.
Assignment of restriction within wellhead protection
areas. Properties located wholly or partially within a wellhead protection
area shall be governed by the restrictions applicable to the wellhead
protection area.
C.
Inclusion of wellhead protection area zoning into
Master Plan. The Municipal Master Plan provides the legal basis for
zoning and land use regulation at the local level. The technical foundation
for local wellhead protection in this municipality should be incorporated
into the Master Plan. A technical report on the need for wellhead
protection in the Borough of Wanaque may be adopted as part of the
Master Plan [N.J.S.A 40:55D-28b(11)]. The technical report should
include the following information:
(1)
A statement setting forth the rationale and need to
protect the public water supply through a program of wellhead protection
for public community wells.
(2)
Reference to the method used to delineate the wellhead
protection areas (WHPAs) according to the "tiered" level of protection
for public community wells based upon the time of travel (TOT) of
groundwater, as developed by the New Jersey Geological Survey.
A.
The administrative authority for administering the
provisions of this chapter shall be the Planning Board or Board of
Adjustment and the Board of Health of the Borough of Wanaque acting
jointly and in consultation.
B.
Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Borough of Wanaque Municipal Code, and which is located within a delineated WHPA, as defined in § 112-5, that involves a potential pollutant source (PPS), as defined in § 112-7, shall comply with the requirements of this chapter.
C.
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this chapter, shall file an operations and contingency plan, as required by § 112-9, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this chapter, shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Construction Official of the Borough of Wanaque and shall be available to the public for inspection.
D.
Any change in land use or activity that introduces a major or minor potential pollutant source (PPS), as defined in § 112-7, shall be prohibited within a Tier 1 WHPA.
E.
Any change in land use or activity that introduces a major PPS, as defined in § 112-7, shall be prohibited within a Tier 2 WHPA.
G.
This chapter is supplementary to other laws and ordinances
in this municipality. Where this chapter or any portion thereof imposes
a greater restriction than is imposed by other regulations, the provisions
of this chapter shall supersede. These rules and regulations shall
in no way effect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
The following are major and minor potential
pollutant sources (PPS) subject to the requirements of this chapter.
This listing is consistent with the New Jersey Safe Drinking Water
Act, N.J.A.C. 7:10-11.7 through 7:10-12.12.
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 in excess of an aggregate total
of 50 gallons.
(4)
Underground fuel and chemical storage and oil tanks
regulated by NJDEP under provisions of the Underground Storage of
Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
(5)
Aboveground storage facility for a hazardous substance
or waste with a cumulative capacity greater than 2,000 gallons.
(6)
Any industrial treatment facility lagoon.
(7)
Any facility with a SIC Code number included under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C 7:10A-1.14, Table II(N), with a toxicity number of II or greater. (See Appendix A.)[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(8)
Automotive service center (repair and maintenance).
(9)
Landfill.
(10)
Dry-cleaning facility.
(11)
Road salt storage facility.
(12)
Cemetery.
(13)
Highway maintenance yard.
(14)
Truck, bus, locomotive maintenance yard.
(15)
Site for storage and maintenance of heavy construction
equipment and materials.
(16)
Site for storage and maintenance of equipment
and materials for landscaping.
(17)
Livestock operation.
(18)
Quarrying and/or mining facility.
(19)
Asphalt and/or concrete manufacturing facility.
(20)
Junkyard/auto recycling and scrap metal facility.
(21)
Residential or agricultural motor fuel in NJDEP
exempted underground storage tanks (i.e., under 1,000 gallons).
B.
Minor PPSs include:
(1)
Underground storage of hazardous substance or waste
of less than 50 gallons.
(2)
Underground heating oil storage tank with a capacity
of less than 2,000 gallons.
(3)
Sewage treatment facility.
(4)
Sanitary sewer system, including sewer line, manhole or pump station. (See conditions in § 112-7C.)
(6)
Septic leaching field.
(7)
Facility requiring a groundwater discharge permit
issued by the NJDEP pursuant to N.J.A.C 7:14A et seq.
(8)
Stormwater retention-recharge basin.
(11)
Waste oil collection, storage and recycling
facility.
(12)
Agricultural chemical bulk storage and mixing
or loading facility, including crop dusting facilities.
(13)
Aboveground storage of hazardous substance or
waste in quantities of less than 2,000 gallons.
C.
Conditions:
(1)
Sanitary sewer lines, industrial waste lines and storm
water 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, cast iron, PVC or other suitable material).
(2)
Manhole and/or connections to a sanitary sewer system
are prohibited within 100 feet of a regulated well.
(3)
Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties with SIC codes not listed in Appendix A may 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 § 112-7, that would be located either wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following best management practices:
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.
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:
(1)
Containers, dikes, berms or retaining walls sufficiently
impermeable to contain spilled hazardous substances for the duration
of a spill event.
(2)
Curbing.
(3)
Gutter, culverts and other drainage systems.
(4)
Weirs, booms and other barriers.
(5)
Lined diversion ponds, lined lagoons and lined retention
basins, holding tanks, sumps, slop tanks and other collecting systems.
(6)
Drip pans.
D.
Secondary containment and/or 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.
(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 accordance with applicable laws
and regulations of the State of New Jersey and of the Borough of Wanaque.
A.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 112-7, that would be located either wholly or partially within any WHPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(1)
Types of PPS proposed for the site.
(2)
Types and quantities of hazardous substances or hazardous
wastes that may be used or stored on site.
(3)
Means to be employed to contain or restrict the spillage
or migration of hazardous substances or hazardous wastes from the
site into groundwater.
(4)
Means to be used to contain or remediate accidental
spillage of such materials.
(5)
Means to notify administrative authority about any
accidental spillage of such materials.
B.
The administrative authority shall review and shall
approve or reject any operations and contingency plan prior to approving
or denying the application for a land use change or activity.
C.
Any operations and contingency plan submitted shall
be available for public review and comment.
A prompt investigation shall be made by the
appropriate personnel of the Health Department of the Borough of Wanaque
of any person or entity believed to be in violation hereof. If, upon
inspection, a condition which is in violation of this chapter is discovered,
a civil action in the Special 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 chapter
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 chapter
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 chapter. Each day a violation continues shall be
considered a separate offense.
If any section, sentence, clause or phrase of
this chapter is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holdings shall in no way affect
the validity of the remaining portions of this chapter.
