[HISTORY: Adopted by the Board of Health of the Borough of Wanaque 4-25-1990 as Ord. No. 3-90.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 91.
Stormwater management — See Ch. 95.
Water — See Ch. 111.
Individual sewage disposal systems — See Ch. 135.
[1]
Editor's Note: This ordinance also repealed former Ch. 138, Water Supplies, Individual and Semipublic, adopted 12-11-1973.
Pursuant to N.J.S.A. 58:11-23 et seq., N.J.S.A. 58:11-36 and N.J.S.A. 13:1B-3, and the amendments and supplements thereto, there is hereby adopted and incorporated herein Chapter 7:10-12.1 through 7:10-12.42 of the New Jersey Administrative Code, together with the supplements, additions and amendments made or to be made.
No person or corporation shall locate, construct or alter any public noncommunity or nonpublic water system without the prior approval of the Wanaque Borough Health Department (Health Department).
A. 
The Health Department shall examine all applications for permits and approve or deny, in whole or in part, the application within twenty (20) business days. If the application is denied in whole or in part, the Health Department shall set forth the reason therefor in writing. If the Health Department fails to grant, in whole or in part, or deny an application within twenty (20) days, such failure shall be deemed a denial of the application for the purposes of an appeal as provided by law, unless such period of time has been extended with the consent of the applicant.
B. 
Suspension of permit. Any permit issued shall become invalid if the authorized work is not commenced within nine (9) months after the issuance of the permit or completed within one (1) year after the issuance of the permit. The Health Department may consider an extension beyond the one-year period, on written application explaining the reason for the delay. Said extension, if granted, shall not exceed three (3) months, commencing from the original date of termination.
C. 
Approved plans. The Department of Health shall stamp or endorse in writing the approved plans. One (1) set of approved plans shall be retained by the Department of Health, and the other set shall be kept on the construction site, open to inspection to the Health Department or its authorized representatives at all reasonable times.
D. 
Revocation of permits. The Health Department may revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or in the plans on which the permit or approval was based.
E. 
Posting of permit. A true copy of the permit shall be kept on the site of operations, open to inspection at all times, until the work is completed.
F. 
Notice to start. At least a twenty-four-hour notice of start of work under a water system permit shall be given to the Health Department.
G. 
Conditions of permit. The issuance of the water system permit shall be conditioned upon the following:
(1) 
The payment of appropriate fees.
(2) 
That work will conform to the approved applications, plans and specifications for which the permit has been issued, including prior approvals and any amendments thereto.
(3) 
That the permit is a license to proceed with the work and shall not be construed as authority to violate, cancel or amend any of the provisions of the regulations.
(4) 
That the owner, his agent, contractor or other employees will assist the enforcing agency in its inspection work, if requested.
[Amended 5-19-1999 by Ord. No. 2-0-99]
There shall be fees established as follows:
A. 
For the filing of an application and plans for a permit to locate, construct or alter a public noncommunity or nonpublic water system: $50.
[Amended 5-19-2004 by Ord. No. 1-0-04]
B. 
For each reinspection of a public noncommunity or nonpublic water system or part thereof, caused by the failure of the permittee to locate, construct or alter the same in accordance with the terms of the permit issued or the terms of the code adopted by this chapter, or for any other reinspection required, an inspection fee shall be charged in the amount of $50.
New public noncommunity or nonpublic water systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a system for potable water, until the Health Department shall have issued a certificate indicating that such water system has been located and constructed in compliance with the terms of the permit issued and the requirements of the code adopted by this chapter. Issuance of such certificate shall be required for alterations to an existing public noncommunity or nonpublic water system.
No person shall own or operate a public noncommunity or nonpublic water system which is designated, constructed, operated or maintained in a manner that will not provide potable water as defined in this chapter.
The Board of Health in which a violation occurs shall have the right to order all further work in and about any water supply system, which is being erected or installed in violation of this chapter, to be stopped forthwith, except such work as shall be necessary to remedy such violation, and, thereafter, to continue such work without any violation of any of the provisions of this chapter; and after the 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 system, or any part thereof, no further work shall be done thereon except as aforesaid; and any person or corporation who, after having been served with a copy of such an order, shall do any work or cause or permit any work to be done in or about the same, except such as hereinbefore provided, shall be liable to a penalty of two hundred dollars ($200.) to be collected and enforced by summary proceedings for the collection of penalties pursuant to the Penalty Enforcement Law.[1]
[1]
Editor's Note: See N.J.S.A. 2A:58-1 et seq.
Any person or corporation violating any of the provisions of any order promulgated under this chapter shall be liable to a penalty of two hundred dollars ($200.) for each offense and an additional penalty of twenty-five dollars ($25.) for each day of continuance of violation after notice of the violation shall have been given to such person or corporation by the Health Department, to be collected and enforced by summary proceedings for the collection of penalties and such other criminal proceedings as may be provided by law.