Township of Montville, NJ
Morris County
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Chapter 442: WATER SUPPLY

[HISTORY: Adopted by the Board of Health of the Township of Montville 11-12-1968. Amendments noted where applicable.]

GENERAL REFERENCES

Fee schedule — See Ch. 169.
Water — See Ch. 394.
Wells — See Ch. 399.

§ 442-1 Adoption of standards by reference.

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 through 26:3-69.5). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.

§ 442-2 Title.

The said code established and adopted by this chapter is described and commonly known as the "Individual and Semipublic Water Supply Code of New Jersey (1966)."

§ 442-3 Copies on file.

Three copies of the said Individual and Semipublic Water Supply Code of New Jersey (1966) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and will remain on file in said office for the use and examination by the public.

§ 442-4 Permit required; certificates approving design and affirming compliance; performance guaranty.

A. No person, persons, firm or corporation 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 a permit on application for the same if accompanied 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. Upon issuance of said permit, the Board of Health shall certify to the Construction Official of the Township of Montville that the proposed water supply system is in compliance with the provisions of this code.

D. No person or corporation engaged in the business of constructing water supply systems for realty improvements shall be issued a permit by the Board of Health to construct a water supply system until said person or corporation files with the Board of Health a performance guaranty in the amount of $2,500. Such performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company and in form approved by the Board of Health, a certified check, returnable to the applicant upon full compliance, or any other type of surety approved by the Board of Health. Such performance guaranty shall commence on the effective date of the permit and shall terminate one year after the expiration date of the permit. Such performance guaranty shall be conditioned upon compliance with Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6) of the New Jersey statutes and any amendments thereof.

§ 442-5 Certificate of compliance as condition to placing new water supplies in operation.

A. New water supplies 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 supply for water, until the Board of Health shall have issued a certificate indicating that the said water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alteration to an existing water supply.

B. The Board of Health may issue a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him to the Board of Health that the said water supply has been located and constructed in accordance with the terms of the permit and the requirements of the aforesaid code.

§ 442-6 Denial of permit; hearing; subsequent action by Board of Health.

In case any permit or certification required by this chapter is denied by the Board of Health, a hearing shall be held thereon if demanded 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.

§ 442-7 Stop-work order.

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, and 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, no further work shall be done thereon except as aforesaid.

§ 442-8 Fees.

Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I). The fees and charges are set forth in Chapter 169, Fee Schedule.

§ 442-9 Violations and penalties.

A. Any person or persons, firm or corporation violating any of the provisions of this chapter or any order promulgated under this chapter or the Individual and Semipublic Water Supply Code of New Jersey (1966) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $1,000 for each violation. Editor's Note: Amended at time of adoption of Code (see Ch. 405, General Provisions, Board of Health, Art. I).

B. Each day a particular violation continues shall constitute a separate offense.