[HISTORY: Adopted by the Board of Health
of the Borough of Chester 7-21-1988 by Ord. No. BH-88-2. Amendments noted
where applicable.]
This chapter shall be known as the "Individual
Water Supply System Code," superseding and the repealing all of the
provisions and amendments of Chapter BH:V (Construction of Wells)
of the "Revised General Ordinances of the Board of Health of the Borough
of Chester, 1979, as amended."
For the purposes of this chapter the following
terms shall have the meanings set forth below:
The Board of Health of Chester Borough, Morris County, Hew
Jersey.
A certificate issued by the Board of Health or its authorized
agent certifying that an individual water supply system has been installed
in such manner as to meet the requirements of the Realty Improvement
Sewerage and Facilities Act (1954), the Standards for the Construction
of Non-Public and Public Non-Community Water Systems (1978), any higher
standards prescribed by this chapter, and all terms and conditions
of approval imposed by the Board of Health with respect to such system
based upon the issuance of the certificate of compliance - location
and design therefore.
A certificate issued by the Board of Health certifying that
a proposed individual water supply system or an alteration of any
such system is in compliance with the provisions of the Realty Improvement
Sewerage and Facilities Act (1954), the Standards for the Construction
of Non-Public and Public Non-Community Water Systems (1978), and any
higher standards prescribed by this chapter.
Any system for the supply of water for potable or domestic
purposes other than a system serving various premises and approved
by the State Department of Environmental Protection.
An engineer licensed to practice professional engineering
in the State of New Jersey.
No individual water supply system shall be installed
upon a property served by a public water system approved by the State
Department of Environmental Protection.
No person shall locate, construct or alter an
individual water supply system until the Board of Health shall have
issued a certificate of compliance - location and design with respect
to such system and a permit to construct or alter such system.
No individual water supply system shall be placed
in service or operation until the Board of Health or its duly authorized
agent shall have issued a certificate of compliance - installation
with respect to such system.
The regulations promulgated by the State Commissioner
of the Department of Environmental Protection pursuant to the Realty
Improvement Sewerage and Facilities Act (1954) and known as the Standards
for the Construction of Non-Public and Public Non-Community Water
Systems (1978) are of full force and effect in the Borough of Chester.
Neither the Sanitary Inspector nor any other
enforcement officer of the Board of Health shall have any authority
to make exceptions to the requirements established by the Standards
for the Construction of Non-Public and Public Non-Community Water
Systems (1978), or the higher standards established by this chapter.
A.
All applications for certifications required by § 262-4 of this chapter shall be made upon forms to be supplied by the Secretary of the Board of Health for that purpose. A separate application shall be filed and a separate certificate issued for each installation.
B.
Every application for a certificate of compliance
- location and design for a new individual water supply system shall
contain, in addition to the information required by the Realty Improvement
Sewerage and Facilities Act (1954) and the Standards for the Construction
of Non-Public and Public Non-Community Water Systems (1978), a statement
signed and sealed by a professional engineer that the location and
design of the proposed system are in compliance with the standards
and any higher standards prescribed by this chapter.
C.
The Board of Health may refer any application and
accompanying plans for an individual water supply system to the Borough
Engineer or other qualified expert for review and comment before acting
upon the application. If, in the opinion of the Board of Health or
the Sanitary Inspector, any application requires review and/or inspections
by the Board Engineer, then additional charges for the Board Engineer
shall be made to the applicant at an hourly rate based upon the fee
schedule of the Board Engineer in effect at the time of the review
of the application.
D.
Every application shall be submitted to the Secretary
of the Board of Health at least 10 days prior to the Board of Health
meeting at which consideration is desired.
A.
No part of a water supply system exposed to view upon
completion of construction or alteration shall in any manner be filled
in, around, or covered from view until it has been inspected by the
Board of Health or its duly authorized representative and a certificate
of compliance - installation has been issued with respect to such
system.
B.
The Board of Health may test in any appropriate manner
any materials, construction, products or units comprising any part
of any individual water supply system in order to determine compliance
with applicable requirements of state laws and standards and the provisions
of this chapter.
C.
A duly authorized representative of the Board of Health
shall make sufficient inspections during the construction, alteration
or repair of an individual water supply system to determine compliance
with the terms of the permit issued therefor. The Board of Health
shall be notified at least 24 hours prior to the commencement of work
on any such system so that appropriate inspections may be made.
[Amended by Ord. No. BH-3-93]
(2)
The hole for a pitless well adapter shall be drilled
in the casing and shall not be burned.
(3)
The Board of Health may order all work in and about
any individual water supply system which is being installed, altered
or repaired in violation of the Realty Improvement Sewerage and Facilities
Act (1954), Standards for the Construction of Public Non-Community
and Non-Public Water Systems (1988), the approved plan for the system,
any terms and conditions of approval, or any provision of this chapter
to be stopped forthwith, provided that a copy of any such order shall
be served upon any person connected with or working in and about the
installation or alteration of any such water supply system, or any
part thereof, and thereafter no further work shall be done thereon
except in compliance with the Act, Standards, approved plan, terms
and conditions of approval, and the provisions of this chapter.
(4)
Prior to the issuance of a certificate of compliance
for a new individual water supply system the Board of Health shall
be provided with reports of tests establishing that the system as
constructed will meet the following requirements:
(a)
Yield. The system shall yield not less than
five gallons per minute. The yield shall be determined through the
use of a four-hour pumping test performed by the well driller. The
test shall show static level and drawdown during the pumping test
and recovery time to static level. The well driller shall certify
a detailed report on the testing to the Board of Health on forms supplied
by the Board for that purpose.
(b)
Water quality. The water produced by the individual
water supply system shall be sampled in accordance with the Private
Well Testing Act (PWTA)[1] Rules for the parameters set forth in N.J.A.C. 7:9E-2.1
(or any successor provision thereto). The samples shall be analyzed
and the results reported in accordance with the PWTA Rules. The analytical
results for each sampled parameter shall demonstrate compliance with
the applicable Maximum Contaminant Level (MCL), Recommended Limit,
or Action Level established under the Safe Drinking Water Act, N.J.S.A.
58:12A-1 et seq. (the "SDWA"), and its implementing regulations, N.J.A.C.
7:10 (the "SDWA Rules"). In the event that the analytical results
do not demonstrate compliance for one or more parameters subject to
state primary drinking water regulations under the SDWA, one or more
water treatment systems shall be utilized to achieve and demonstrate
post-treatment compliance. In the event that the analytical results
do not demonstrate compliance for one or more parameters subject to
state secondary drinking water regulations under the SDWA, a certificate
of compliance may nonetheless be issued, provided that the buyer or
lessee of the property is notified of the noncompliant test results.
[Amended 1-9-2012 by Ord. No. BH-1-12]
[1]
Editor’s Note: See N.J.S.A. 58:12A-26 et seq.
(5)
Compliance with the foregoing water quality standards
shall be determined on the basis of a report from a laboratory certified
by the New Jersey State Department of Environmental Protection and
Energy. Arrangements for water sampling and testing shall be made
by the owner of the property upon which the individual water supply
system is located. Such person shall pay the costs of water sampling
and testing directly to the certified laboratory. The Board of Health
shall be satisfied that each water sample reported upon was taken
by the certified laboratory and remained in the custody of the certified
laboratory until the completion of the water quality tests subject
of the report.
(6)
Whenever a certificate of compliance shall be issued
for a new individual water supply system, the Board of Health shall
forward to the occupant of the property upon which the system is located
a statement advising such occupant that the character of water produced
by a new well may change after the well has been in use for several
months, and that, for this reason, it would be desirable to have the
water tested after six months of well use as to pH, corrosivity, hardness,
manganese and iron so that consideration may be given to the correction
of any deviations from standards applicable to the foregoing.
D.
Notwithstanding any prior tests and the issuance of
a certificate of compliance - installation, the Board of Health may
take and test samples of water from any individual water supply system
whenever the Board has reason to believe that the water supplied by
such system fails to meet Potable Water Standards adopted by the New
Jersey State Department of Environmental Protection or the standards
of this chapter. In the event that a sample does not meet such standards,
the Board of Health may order that use of the individual water supply
system from which such sample was taken shall be immediately terminated.
The following fees shall be paid to the Borough
of Chester:
A.
For filing an application and plans for a certificate
of compliance - location and design for a new individual water supply
system: $250. No further fee shall be required for the issuance of
a permit to construct or certificate of compliance - installation
except any review fees that may become due to the Board engineer pursuant
to section BH:5-8(c) above or any reinspection fees pursuant to section
BH:5-10(b) below.
B.
For each reinspection of an individual water supply
system, or any part of any such system, required by failure to locate
and construct or alter the system in accordance with applicable requirements:
$50 per hour or fraction thereof.
C.
The Sanitary Inspector or the Secretary of the Board
of Health shall tabulate the fees for any application in accordance
with the fee schedule set forth above. The fees for the application
shall be collected by the Board Secretary when the application is
submitted to the Board of Health and no action shall be taken by the
Board of Health upon an application until the required fee has been
paid. The fee required under BH:5-10(b) above shall be paid at the
time of any reinspection. If any additional fees become due pursuant
to sections: BH:5-8(c), then the applicant shall pay the additional
fees within 30 days of notification.
A.
Every permit issued pursuant to this chapter shall
expire one year after the date of issuance, unless prior to such time
construction of the individual water supply system with respect to
which the permit was issued shall have been commenced, in which event
the permit shall remain valid and in effect for a period of two years
from the date of issuance.
B.
The Board of Health may in its discretion renew a
permit which has expired under the provisions of this section. Such
renewal shall be subject to the provisions of this section. A fee
of $5 shall be charged for the renewal of a permit.
The Board of Health may order all further work
on or about any individual water supply system, which is being constructed
or altered in violation of the Realty Improvement Sewerage and Facilities
Act (1954), any provision of the standards or the Construction of
Non-Public and Public Non-Community Water Systems (1978), or any provision
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 provisions of the regulations,
after issuance of any such order and the service of a copy thereof
upon any person connected with or working on or about the construction
or alteration of any such water supply system, or any part thereon
except as mentioned above.
[Added by Ord. No. BH-3-93]
A.
Title to any property which includes a previously
occupied single-family dwelling served by an existing individual water
supply system shall not be transferred unless and until the Board
of Health has issued a certificate of potable water supply from the
individual water supply system serving the property. Such certificate
shall be applied for and issued in accordance with the provisions
of this section. The requirement for such certificate shall be noted
upon all tax searches issued by the Tax Collector of the Borough.
B.
An application for a certificate of potable water
supply from an individual water supply system shall be made upon a
form provided by the Board of Health for such purpose. A fee of $15
shall be paid to the Board of Health at the time that an application
form is issued by the Board. No further fee shall be required for
the issuance of the certificate.
C.
The Board of Health shall issue a certificate of potable water supply for an individual water supply system if the system meets the water quality criteria set forth in § 262-9C(4)(b) of this chapter.
[Amended 1-9-2012 by Ord. No. BH-1-12]
D.
Arrangements for water sampling and testing shall
be made by the person filing the application for a certificate of
potable water supply from individual water supply system. Such applicant
shall also pay the costs of water sampling and testing directly to
the certified laboratory. The Board of Health shall be satisfied that
each water sample reported upon was taken by the certified laboratory
and remained in the custody of the certified laboratory until the
completion of the water quality tests subject of the report.
[Added 11-13-2001 by Ord. No. BH-2-01]
A.
The owner or operator of each developed property within the Borough of Chester which is devoted in whole or in part to a use other than single-family residential use and which uses water from an individual water supply system or from a public noncommunity water system shall annually furnish to the Board of Health a report demonstrating compliance with the water quality criteria set forth in § 262-9C(4)(b) of this chapter.
[Amended 12-9-2002 by Ord. No. BH-2-02; 1-9-2012 by Ord. No. BH-1-12]
B.
The
lessor of a property served by a private well shall provide the Board
of Health with copies of all test results generated pursuant to N.J.S.A.
58:12A-32 (or any successor provision therto).
[Amended 1-9-2012 by Ord.
No. BH-1-12]
C.
Annual reports of the results of all water testing
pursuant to the requirements of this section shall be filed with the
Board of Health annually on or before October 31 in each year. All
reports shall be certified by the laboratory which made the water
tests. The Board of Health shall be satisfied that each water sample
reported upon was taken by the certified laboratory and remained in
the custody of the certified laboratory until the completion of the
water analysis set forth in the report.
D.
At the time of the submission of an annual water test report as required
by this section, the owner or operator of the property subject of
the testing and report shall pay an annual fee of $25 to the Board
of Health.
E.
The
Board of Health may take such action as is authorized by law in order
to cause an owner or operator to correct or eliminate any condition
determined by the Board to adversely affect the public health and
safety.
Any person aggrieved by a denial of any certificate
or permit required by this chapter or by any order of the Board of
Health with respect to an individual water supply system shall be
entitled to a hearing thereon before the Board of Health within 15
days after written request thereof is made by the person claiming
to be adversely affected. Upon such hearing or within 15 days thereafter
the Board shall affirm, alter or rescind the previous action with
written findings and conclusions.
[Added 3-16-2000 by Ord. No. BH-1-00]
A.
Fee for inspection and issuance of a certificate as
to the proper performance of work for filling and sealing an abandoned
well and notice of performance of work.
(1)
A fee of $100 shall be paid to the the Board of Health
prior to undertaking any work for the filling and sealing of an abandoned
well. The fee shall cover inspections by a designated representative
of the Board of (a) the initial filling and sealing of the well and
(b) the subsequent creation of a concrete slab over the well, all
in accordance with applicable regulations of N.J.A.C. 7:9-9.1 and
following and any applicable provisions of Borough ordinances.
(2)
Notice shall be given to the Board at least 24 hours
prior to the performance of any work mentioned in (1)(a) above, and
the Board shall also be notified when the work mentioned in (1)(b)
above has been completed.
(3)
Upon a determination by the Board of Health representative
that all of the work has been satisfactorily completed, a certificate
to that effect shall be issued by the Board of Health and forwarded
to the Borough Clerk within 30 days after completion of all work.
A copy of the certificate shall be forwarded by the Secretary of the
Board of Health to the owner of the premises formerly served by the
well.
B.
Fee for permit for the continued operation of a well
otherwise required by the Borough to be abandoned.
[Amended 9-21-2000 by Ord. No. BH-2-00]
(1)
Every permit for the continued operation of a well
on a property served by the Chester Borough Public Water System shall
remain in effect for a period of five years from the date of its issuance.
Each application for a permit, whether for the initial issuance of
a permit or for the renewal of a permit, shall be submitted to the
Board of Health on a form provided by the Borough Clerk and shall
be accompanied by a fee of $5, which fee shall cover the five-year
period of the permit.
(2)
The original of every permit, whether initial or renewal,
shall be given to the applicant and a copy shall be forwarded to the
Borough Clerk.
Any person who shall violate any provision of
this chapter or any order of the Board of Health issued pursuant to
this chapter shall be subject to a fine of not more than $200 for
each offense and an additional penalty of not more than $25 each day
a particular violation continues after notice of the violation shall
have been given to such a person by the Board of Health. This penalty
provision shall not apply to violations of the Realty Improvement
Sewerage and Facilities Act (1954) for which a penalty provision is
set forth in N.J.S.A. 58:11-39.
If any section, subdivision, clause or provision
of this chapter shall be adjudged invalid by a court of competent
jurisdiction, such adjudication shall apply only to the section, subdivision,
clause or provision so adjudged, and the remainder of the ordinance
shall remain valid and effective.
This chapter shall take effect upon passage
and publication as provided by law.
