[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.]
GENERAL REFERENCES
Water — See Ch. 159.
As used in this chapter, the following terms
shall have the meanings indicated:
A laboratory certified by the NJDEP (pursuant to N.J.A.C.
7:18) to conduct testing for individual hazardous contaminants.
The Health Officer of the Township of East Hanover.
The New Jersey Department of Environmental Protection.
Any well that is not used for potable water purposes. Examples
include water used for cooling, processing, irrigating and other uses.
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).
As defined by N.J.A.C. 7:10-1-3.
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:
A.
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.
B.
Provide to any potential buyer of said property a
copy of the following statement:
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"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
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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;
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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."
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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.
A.
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.
B.
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.
C.
Wells present on properties served by a public community
water system:
(1)
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.
(2)
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.
(3)
All nonpotable, industrial and irrigation wells'
water access points must be clearly and legibly labeled "NONPOTABLE
WATER, DO NOT DRINK."
(4)
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.
(5)
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.
