[HISTORY: Adopted by the Board of Health of the Township
of Montville 11-12-1968. Amendments noted where applicable.]
A code regulating the location, construction, alteration, use
and supervision of individual and semipublic water supplies, requiring
certain permits, providing for the inspection of such supplies, the
fixing of fees and prescribing penalties for violations is hereby
adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 through
26:3-69.5). A copy of said code is annexed hereto and made a part
hereof without inclusion of the text thereof herein.
The said code established and adopted by this chapter is described
and commonly known as the "Individual and Semipublic Water Supply
Code of New Jersey (1966)."
Three copies of the said Individual and Semipublic Water Supply
Code of New Jersey (1966) have been placed on file in the office of
the Secretary of the Board of Health upon the introduction of this
chapter and will remain on file in said office for the use and examination
by the public.
A.
No person, persons, firm or corporation shall locate, construct or
alter any water supply until a permit for the location, construction
or alteration of said water supply shall have been issued by the Board
of Health.
B.
The Board of Health may issue a permit on application for the same
if accompanied by a certificate made by an engineer licensed to practice
professional engineering in New Jersey stating that the design of
the water supply as proposed is in compliance with the code.
C.
Upon issuance of said permit, the Board of Health shall certify to
the Construction Official of the Township of Montville that the proposed
water supply system is in compliance with the provisions of this code.
D.
No person or corporation engaged in the business of constructing
water supply systems for realty improvements shall be issued a permit
by the Board of Health to construct a water supply system until said
person or corporation files with the Board of Health a performance
guaranty in the amount of $2,500. Such performance guaranty may be
in the form of a performance bond, which shall be issued by a bonding
or surety company and in form approved by the Board of Health, a certified
check, returnable to the applicant upon full compliance, or any other
type of surety approved by the Board of Health. Such performance guaranty
shall commence on the effective date of the permit and shall terminate
one year after the expiration date of the permit. Such performance
guaranty shall be conditioned upon compliance with Chapter 188, P.L.
1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6) of the New Jersey statutes
and any amendments thereof.
A.
New water supplies shall not be placed in operation nor shall new
dwellings or buildings or additions thereto be sold or occupied, which
must rely on such a supply for water, until the Board of Health shall
have issued a certificate indicating that the said water supply has
been located and constructed in compliance with the terms of the permit
issued and the requirements of the aforesaid code. Issuance of such
certificate shall not be required for alteration to an existing water
supply.
B.
The Board of Health may issue a certificate if an engineer licensed
to practice professional engineering in New Jersey submits a statement
in writing signed by him to the Board of Health that the said water
supply has been located and constructed in accordance with the terms
of the permit and the requirements of the aforesaid code.
In case any permit or certification required by this chapter
is denied by the Board of Health, a hearing shall be held thereon
if demanded by the applicant, and upon such hearing the Board of Health
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of such hearing.
The Board of Health may order all further work in and about
any water supply, which is being erected or installed in violation
of the code, to be stopped forthwith, except such work as shall be
necessary to remedy such violation, and thereafter, the work continued
without any violation of any of the provisions of the code, and after
issuance of any such order and the service of a copy thereof upon
any person connected with or working in and about the erection or
installation of any such water supply, or any part thereof, no further
work shall be done thereon except as aforesaid.
The fees and charges are set forth in Chapter 169, Fee Schedule.
A.
Any person
or persons, firm or corporation violating any of the provisions of
this chapter or any order promulgated under this chapter or the Individual
and Semipublic Water Supply Code of New Jersey (1966) made a part
hereof shall, upon conviction thereof, pay a penalty of not less than
$50 nor more than $1,000 for each violation.[1]
B.
Each day
a particular violation continues shall constitute a separate offense.
