[HISTORY: Adopted by the Board of Health of the Township of East Hanover 6-17-1996 as Board of Health Ord. No. 1-1996. Amendments noted where applicable.]
Water — See Ch. 159.
As used in this chapter, the following terms shall have the meanings indicated:
- CERTIFIED LABORATORY
- A laboratory certified by the NJDEP (pursuant to N.J.A.C. 7:18) to conduct testing for individual hazardous contaminants.
- HEALTH OFFICER
- The Health Officer of the Township of East Hanover.
- The New Jersey Department of Environmental Protection.
- NONPOTABLE WATER WELL
- Any well that is not used for potable water purposes. Examples include water used for cooling, processing, irrigating and other uses.
- NONTRANSIENT NONCOMMUNITY WATER SYSTEM
- Any public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year (40 CFR 141.2).
- PUBLIC COMMUNITY WATER SYSTEM
- As defined by N.J.A.C. 7:10-1-3.
- UNAPPROVED WATER SUPPLY
- Any water source or supply which is not a public community water system (N.J.A.C. 7:10-10.1).
- As defined by N.J.S.A. 58:4A-23.
Prior to the transfer of title of any East Hanover property with an unsealed well, the property owner must:
Have a sample of water collected and analyzed for volatile organic contaminants and present the results of this analysis to any potential buyer of said property. A copy of the test results must be submitted to the East Hanover Health Department. NJDEP-permitted monitoring wells are exempt from the testing requirement.
Provide to any potential buyer of said property a copy of the following statement:
"Whereas, the New Jersey Department of Environmental Protection has tested wells within the township of East Hanover and found the presence of volatile organic contaminants in the majority of these wells; and
Whereas, the New Jersey Department of Environmental Protection believes that the possibility exists that wells may exceed the maximum contaminant level for safe drinking water;
Therefore, it is the recommendation of the Board of Health of the Township of East Hanover, County of Morris and State of New Jersey, that all residential property owners using a private well as a potable water supply, within the Township of East Hanover, seal said well and connect to the public community water system. Property owners who choose to continue to use a private well for potable water are strongly urged to test said well at least quarterly for the presence of volatile organic contaminants."
Water sampling and testing for volatile organic contaminants shall be conducted within three months prior to the transfer of title. Sampling and testing shall be conducted by a laboratory certified by the NJDEP to conduct volatile organic testing using United States Environmental Protection Agency (USEPA) method No. 524.2. Alternative testing methods may be used with the prior written approval of the Health Officer. Copies of all test results and chain of custody reports shall be submitted to the East Hanover Health Department 30 days prior to the transfer of title.
The East Hanover Health Department shall maintain a record of all test results for groundwater analyses performed in compliance with this chapter. Test results shall be maintained on file for at least 20 years after the tested well has been sealed.
All abandoned wells must be properly sealed in accordance with N.J.A.C. 7:9-9.1 and N.J.S.A. 58:4A.
All wells which are being changed to an alternate use (i.e., from potable water supply to irrigation) must receive a permit in accordance with applicable New Jersey state statutes and NJDEP regulations prior to the change of use.
Wells present on properties served by a public community water system:
The owner of any property that is or becomes connected to a public community water system must either seal the existing potable well or apply to the NJDEP for a new well permit for nonpotable use of the well in accordance with N.J.A.C. 5:23. Properties served by a NJDEP permitted nontransient noncommunity water system are exempt from this requirement.
All unsealed wells and associated piping present on any property connected to a public water supply shall be constructed and maintained in accordance with N.J.A.C. 7:10-10 and all local and state plumbing and construction codes.
All nonpotable, industrial and irrigation wells' water access points must be clearly and legibly labeled "NONPOTABLE WATER, DO NOT DRINK."
Where a private well or other unapproved water supply is present on a property served by a public community water system, the State of New Jersey, the NJDEP and the Township of East Hanover shall have no liability for any and all claims and/or damages suffered by any person or entity arising out of the use of the owner's well or other unapproved supply. The owner of said well and/or other unapproved water supply hereby releases from all claims and liabilities the State of New Jersey, the NJDEP and the Township of East Hanover and hereby agrees to indemnify, protect and hold harmless the State of New Jersey, the NJDEP and the Township of East Hanover for any and all claims and/or damages suffered by any person or entity, arising out of the use of the owner's well or other unapproved water supply.
A notice of environmental restriction will be filed with the deed of any property that hereafter connects to the public community water system and maintains an unsealed well. The notice will document the existence of the unsealed well and the potential threat of contamination in the well.
Where a private well or other unapproved water supply is present on a property, the Health Officer or his representative shall have access and entry to the property upon reasonable notice for the purpose of inspecting the well and associated piping and/or to take samples of the water from said well or other water supply.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty of not less than $100 nor more than $1,000.