Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Freehold by Ord. No. BH-01-95 (Ch. BH-XII, Art. I, of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 351.
Water resources protection — See Ch. 355.
Sewage disposal systems — See Ch. 385.

§ 394-1 Purpose.

Before final certification and operation of a new well, other than an exempt well as defined in § 394-2, and before the certification of an existing well for the purpose of obtaining a continued certificate of occupancy (for rent, transfer, or sale of a property), the person owning the lot upon which a well is located shall have a sample of the well water collected and analyzed by a laboratory certified by the New Jersey Department of Environmental Protection. Tests shall be performed to determine the presence and amount of individual hazardous contaminants and substances set forth in § 394-3 of this chapter. The water sample shall be taken as close to the pumping well as possible. In no case shall treatment equipment be installed on a new well prior to the first sampling. The results of said laboratory analysis shall be forwarded directly by the laboratory to the Freehold Area Health Department.

§ 394-2 Exemptions.

The following nonpotable water supply wells shall be exempt from the sampling and analysis requirements:
A. 
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;
B. 
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;
C. 
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 potable water supply.

§ 394-3 Parameters.

[Amended 2-8-2007 by Ord. No. BH-07-0]
A. 
Test parameters shall be consistent with those specified in the New Jersey Private Well Testing Act, N.J.A.C. 7:9E.
B. 
All water samples shall be collected, tested and analyzed in accordance with criteria and procedures established by the New Jersey Department of Environmental Protection in N.J.A.C. 7:18-2.1 et seq.

§ 394-4 Resamples.

In the event that the laboratory analysis of a water sample collected from a well reveals that the presence of any of the hazardous contaminants or substances identified in § 394-3 of this chapter in an amount exceeding the maximum contaminant levels set forth or incorporated in this chapter for the same, the Freehold Area Health Department must be notified prior to resampling the well for the purpose of determining corrective and resampling procedures. The Health Department may also require a second confirmation sample to be taken for a contaminant after a specified number of days, not to exceed two weeks.

§ 394-5 Submission of sample results.

[Amended 2-8-2007 by Ord. No. BH-07-01]
The laboratory collecting the sample and performing the water analysis required under §§ 394-3 and 394-4 of this chapter shall submit the results of its analysis directly to the Freehold Area Health Department with the following information:
A. 
The block and lot number and municipality of the property upon which the well is located and the reason for the sample (i.e., new construction or resale);
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;
G. 
The type, size and purpose of the treatment unit, if installed.

§ 394-6 Restrictions.

A. 
No real property nor any interest in the same shall be granted a continued certificate of occupancy which utilizes a well for its potable water supply until:
[Amended 2-8-2007 by Ord. No. BH-07-01]
(1) 
The well water has been sampled and analyzed in accordance with the procedures set forth in this chapter; and
(2) 
The Freehold Area Health Department has certified that the laboratory analysis of the water sample collected from said well does not disclose the presence of any of the hazardous contaminants or substances set forth in § 394-3 of this chapter in an amount which exceeds the maximum contaminant level established under the Act, the Regulations or this chapter for the same.
B. 
The granting of a certificate of compliance for a new well or a continued certificate of occupancy for sale, transfer or rent shall be valid for a period of one year.
C. 
If there is a subsequent sale of the property or need for a continued certificate of occupancy needed within one year of the original certificate, the transferor need not obtain a new certification.

§ 394-7 Right of entry.

The Freehold Area Health Department shall have access and entry to any property upon which there is located a well or individual sewage disposal system for the purpose of inspecting and/or testing the same.

§ 394-8 Closure of wells.

The Freehold Area Health Department may order any well which is determined to be polluted or detrimental to the public health closed until and unless the water is made potable.

§ 394-9 Permit required.

[Added 2-8-2007 by Ord. No. BH-07-01]
No person shall drill, construct, install or redesignate the use of any well until a permit shall have been issued by the Board of Health

§ 394-10 Fees.

[Added 2-8-2007 by Ord. No. BH-07-01[1]]
The fee for the filing of an application and plans and issuance of a permit to drill, construct, install or redesignate the use of any well shall be $50.
[1]
Editor's Note: This ordinance also renumbered former § 394-9 as § 394-11.

§ 394-11 Violations and penalties.

A. 
In addition to any other liability or penalty imposed by law, any person violating any provision of this chapter shall be subject to a penalty as stated in Chapter 1, Article II, General Penalty.
[Amended 5-23-2006 by Ord. No. O-06-16]
B. 
Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate offense.