[Added 2-10-2004 by Ord. No. 3-2004]
As used in this article, the following terms
shall have the meanings indicated:
The Planning Board or Board of Adjustment and the Board of
Health, acting jointly and in consultation with all of the powers
delegated, assigned or assumed by them according to statute or ordinance.
One applying to the Board of Health, Planning Board, Board
of Adjustment or Construction Official proposing to engage in an activity
regulated by the provisions of this article that would be located
within a regulated WHPA.
A formation or group of formations, or part of formation
that contains sufficient saturated permeable rock, sand or gravel
which is capable of storing and transmitting usable quantities of
water to wells and springs.
Performance or design standards established to minimize the
risk of contaminating groundwater or surface waters while managing
the use, manufacture, handling or storage of hazardous substances
in the water supply.
The presence of any harmful or deleterious substances in
the water supply.
The carrying out of any construction, reconstruction, alteration
of surface or structure or change of land use or intensity of use.
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
Water contained in interconnected pores of a saturate zone
in the ground, also known as "well water." A saturated zone is a volume
of groundwater in which the voids in the rock or soil are filled with
water at a pressure greater than atmospheric.
Any substance designated under 42 USC 9601 et seq. (CERCLA)
or 40 CFR 116 et seq., or the Spill Compensation and Control Act,
N.J.S.A. 58:10-23.11 et seq. Substances listed include petroleum,
petroleum products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E;
N.J.A.C. 7:26-8, or 40 CFR Part 261.
The maximum permissible level of contaminant in water which
is delivered to any user of a public community water system.
New Jersey Department of Environmental Protection.
Any individual, public or private corporation, company, partnership,
firm, association, owner, operator, political subdivision of this
state, or any state, federal or interstate agency or an agent or employee
thereof.
In the context of drinking water, water is polluted when
a pollutant is present in excess of the maximum contaminant level
or bacteriological limit established by law or regulation.
Activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this article, potential pollutant sources are defined in § 95-83.5.
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at least
25 year-round residents.
Standard Industrial Classification.
Any drinking water aquifer upon which more than 50% of a
population ground depends and for which there is not practicable or
affordable alternate water supply, as certified by the U.S. Environmental
Protection Agency.
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
That area of land within a WHPA from which groundwater may
enter the well within two years.
That area of land within a WHPA from which groundwater may
enter the well within five years.
That area of land within a WHPA from which groundwater may
enter the well within 12 years.
The well borehole and appurtenant equipment.
An area described in plain view around a well, from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality of water withdrawn from
the well.
A.
Wellhead protection area maps.
(1)
The delineation of wellhead protection areas
for public community wells which were published by the New Jersey
Geological Society of the NJDEP are incorporated herein and made a
part hereof by reference. They are designated as follows: New Jersey
Well Head Protection Areas, Edition 2, Geospatial Data Presentation,
New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description
of these data and the terms and conditions of the use of these data
may be found at http://www.state.nj.us/dep/njgs/whpaguide.pdf and
http://www.state.nj.us/dep/njgs/geodata/dgs97-1.htm. A map of the
WHPA located within the Township of East Hanover is included as part
of this article.[1] Maps of the Township on which these delineations have
been overlain shall be on file and maintained at the Office of the
Township Clerk and the Board of Health of the Township of East Hanover.
[1]
Editor's Note: The Wellhead Protection Areas
Map is on file in the Township offices.
(2)
Wellhead protection areas as shown on the maps
described herein shall be considered to be superimposed over any other
established zoning district. Land in a WHPA may be used for any of
the purposes permitted in the underlying district, subject to additional
restrictions set forth in this article.
B.
Assignment of restriction within wellhead protection
areas. Properties located wholly or partially within the WHPA shall
be governed by the restrictions applicable to the WHPA.
A.
The administrative authority for administering the
provisions of this article shall be the Planning Board, Board of Adjustment
or the Board of Health of the Township of East Hanover.
B.
Any application for a permit requesting a change in
land use or activity which is subject to review under the provisions
of the Municipal Land Use Law and other pertinent regulations of the
Township of East Hanover and which is located within a delineated
WHPA as defined in this article and that contains a potential pollutant
source as defined in this article shall comply with all requirements
of this article.
C.
Any applicant for a permit requesting a change in land use or activity which is subject to the requirements of this article shall file an operations and contingency plan, as required in § 95-83.7, with the administrative authority. No permit that allows a change in land use or activity which is subject to the requirements of this article shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Township Clerk and shall be available for public inspection.
D.
Any change in land use and activity that introduces a major or minor PPS, as set forth in § 95-83.5A, shall be prohibited within a Tier 1 WHPA.
E.
Any change in land use and activity that introduces a Major PPS, as set forth in § 95-83.5B, shall be prohibited within a Tier 2 WHPA.
G.
This article is supplementary to all other laws and
ordinances in the Township. Where this article or any portion hereof
imposes a greater restriction than is imposed by other regulations,
the provisions of this article shall prevail. Nothing herein shall
be deemed in any way to affect the limitations or requirements applicable
in the underlying zoning districts of the Township of East Hanover.
The following are the major and minor potential
pollutant sources subject to the requirements of this article. This
listing is consistent with the New Jersey Safe Drinking Water Act
Regulations set forth in the New Jersey Administrative Code (N.J.A.C.
7:10-11.7 through 12.12).
A.
Major PPS:
(1)
Permanent storage or disposal of hazardous wastes,
industrial or municipal sludge or radioactive materials, including
solid waste landfills.
(2)
Collection and transfer facilities for hazardous
wastes, solid wastes that contain hazardous materials and radioactive
materials.
(3)
Any use or activity requiring the underground
storage of a hazardous substance or waste in excess of an aggregate
of 50 gallons.
(4)
Underground fuel and chemical storage and oil
tanks regulated by NJDEP under provisions of the underground Storage
of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.)
(5)
Aboveground storage facility for hazardous substance
or waste with a cumulative capacity of greater than 2,000 gallons.
(6)
Any industrial treatment facility lagoon.
(7)
Any facility with an SIC Code number included
under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C.
7:10A-1.14, Table II(N), with a toxicity number of II, or grease.
(8)
Automotive service center (repair and maintenance).
(9)
Landfill.
(10)
Dry-cleaning facility.
(11)
Road salt storage facility.
(12)
Cemetery.
(13)
Highway maintenance yard.
(14)
Truck, bus or locomotive maintenance yard.
(15)
Site for storage and maintenance of heavy construction
equipment and materials.
(16)
Site for storage and maintenance of equipment
and material for landscaping.
(17)
Livestock operation.
(18)
Quarrying and/or mining facility.
(19)
Asphalt and/or concrete manufacturing facility.
(20)
Junkyard/auto recycling or scrap yard facility.
(21)
Residential or agricultural motor fuel in NJDEP-exempted
underground storage tanks (i.e., less than 1,000 gallons).
B.
Minor PPS:
(1)
Underground storage of hazardous substances
or waste of less than 50 gallons.
(2)
Underground heating oil storage tank with a
capacity of less than 2,000 gallons.
(3)
Sewage treatment facility.
(4)
Sanitary sewer system, including sewer line,
manhole or pump station.
(5)
Industrial waste line.
(6)
Septic leaching field.
(7)
Facility requiring a groundwater discharge permit
issued by NJDEP pursuant to N.J.A.C. 7:14A.
(8)
Stormwater retention/recharge basin.
(9)
Dry well.
(10)
Stormwater line.
(11)
Waste oil collection, storage and recycling
facility.
(12)
Agricultural chemical bulk storage and mixing
or loading facility, including crop-dusting facilities.
(13)
Aboveground storage of hazardous substance or
waste in quantities of less than 2,000 gallons.
C.
Conditions.
(1)
Sanitary sewer lines, industrial waste lines
and stormwater lines may be located no closer than 100 feet to a regulated
well, and only if they are constructed of watertight construction
(i.e., steel, reinforced concrete, cast iron, PVC or other suitable
material).
(2)
Manhole and/or connections to a sanitary sewer
system are prohibited within 100 feet of a regulated well.
(3)
Dry wells dedicated to roof runoff and serving
residential properties or commercial or industrial properties with
SIC Codes not listed in N.J.A.C. 7:10A-1.14, Table II(N), may be located
no closer than 100 feet to a regulated well.
Any applicant proposing any change in land use
or activity that involves any PPS, as defined in this article, that
would be located either wholly or partially within any WHPA shall
comply with and operate in a manner consistent with the following
best management practices (BMP):
A.
All portions or areas of a facility in which hazardous
substances or hazardous wastes are stored, processed, manufactured
or transferred outdoors shall be designed so that the discharge of
hazardous substances will be prevented from overflowing, draining
or leaching into the groundwater or surface waters.
B.
Outdoor storage, dispensing, loading, manufacturing
or processing areas of hazardous substances or hazardous wastes must
be protected from precipitation, stormwater flows or flooding.
C.
Whenever hazardous substances are stored, processed,
manufactured or transferred outdoors, the design features shall include
secondary containment and/or diversionary structures which may include
without limitation:
(1)
Containers, dikes, berms or retaining walls
sufficiently impermeable to contain spilled hazardous substances for
the duration of the spill event.
(2)
Curbing.
(3)
Gutters, culverts and other drainage systems.
(4)
Weirs, booms and other barriers.
(5)
Lined diversion ponds, lined lagoons, and lined
retention basins, holding tanks, sumps, slop tanks and other collecting
systems.
(6)
Drip pans.
D.
Secondary containment and/or diversionary systems,
structures or equipment must meet the following standards:
(1)
The system must block all routes by which spilled
hazardous substances could be expected to flow, migrate or escape
into the groundwater or surface waters.
(2)
The system must have sufficient capacity to
contain or divert the largest probable single discharge that could
occur within the containment area, plus an additional capacity to
compensate for any anticipated normal accumulation of rainwater.
(3)
In order to prevent the discharge of hazardous
substances into groundwater, all components of the system shall be
made of or lined with impermeable materials sufficient to contain
the substance for the duration of the spill event. Such material or
liner must be maintained in an impermeable condition.
(4)
No manufacturing area, processing area, transfer
area, dike storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto, shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances, in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility.
(5)
Catchment basins, lagoons, and other containment
areas that may contain hazardous substances should not be located
in a manner that would subject them to flooding by natural waterways.
E.
Stormwater shall be managed so as to prevent contamination
of groundwater and so as to be in accordance with applicable laws
and regulations of the State of New Jersey and the Township of East
Hanover.
A.
An applicant proposing any change in land use or activity
that involves any PPS as defined in this article that would be located
either wholly or partially within any WHPA shall submit an operations
and contingency plan to the administrative authority. This plan shall
inform the administrative authority concerning the following aspects
of the proposal:
(1)
Types of PPS proposed for the site.
(2)
Types and quantities of hazardous substances
or hazardous wastes that may be used or stored on site.
(3)
Means to be employed to contain or restrict
the spillage or migration of hazardous substances or hazardous wastes
from the site into groundwater.
(4)
Means to be used to contain or remediate accidental
spillage of such materials.
(5)
Means to notify the administrative authority
about any accidental spillage of such materials.
B.
The administrative authority shall review and shall
approve or reject any operations and contingency plan prior to approving
or denying the application for a land use change or activity.
C.
Any operations and contingency plan submitted shall
be available for public review and comment.
A.
Where it is suspected that a violation of this article
may exist, the appropriate personnel of the Township shall promptly
conduct an investigation and if, following an inspection, a condition
which is in violation of this article is found to exist, a civil action
may be commenced in the Special Part of Superior Court, or in the
Superior Court if the primary relief sought is injunctive, or if the
penalties may exceed the jurisdictional limit of the Special Civil
Part, by the filing and serving of appropriate process.
B.
Notwithstanding any action the Township may initiate under Subsection A above, any person violating any portion of this article shall, upon conviction thereof in Municipal Court, be subject to a fine of not less than $100 nor more than $1,500 or 90 days in jail, or both.
C.
The violation of any section or subsection of this
article shall constitute a separate and distinct offense independent
of the violation of any other section or subsection or of any order
issued pursuant to this article, and each day that a violation exists
shall be considered a separate offense.
