[Ord. #56-78, S 1]
A code regulating the location, construction, alteration, use and maintenance of public noncommunity and nonpublic water systems, requiring certain permits, providing for the inspection of such systems and the fixing of fees and prescribing of penalties for violation thereof is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 69.6).
[Ord. #56-78; Ord. #96-89, S 1; Ord. #1-91, S 1; Ord. #2012-01, S 1]
The Standards for Construction of Public Non-Community and Nonpublic Water Systems, (N.J.A.C. 7:10-12.1, et seq.) is hereby adopted in its entirety as part of this chapter as if set forth at length herein. Whenever any standard or requirement of N.J.A.C. 7:10-12.1, et seq., is referred to in this chapter, the most recent edition shall be deemed to be incorporated herein by reference, notwithstanding the fact that such edition may have been published subsequent to enactment of this chapter. The provisions of N.J.A.C. 7:10-12.1, et seq., however, shall be modified as follows:
1.
The following definitions are added to N.J.A.C. 7:10-12.3:
AQUIFER CONTRIBUTION — shall mean the portion of the well flow at any given time which comes directly from the aquifer.
AQUIFER CONTRIBUTION RATE — shall mean the rate at which water flows from the aquifer to the well, established by the constant head pumping rate.
AQUIFER CONTRIBUTION VOLUME — shall mean the volume of water which comes from the aquifer during the shortfall time. Aquifer contribution volume is shortfall time x aquifer contribution rate.
ASSURED TIME — shall mean the time it will take to pump the assured volume out of the well at the peak demand rate.
Assured time = assured volume\peak demand rate
ASSURED VOLUME — shall mean the volume of water in a well between the static level and the constant head level. Assured volume is constant head drawdown x well storage capacity.
CONSTANT HEAD — shall mean a stable water level attained under equilibrium pumping conditions which is attained when the water level in a well changes at a rate of less than 0.5 feet (six inches) per hour of pumping at a constant rate.
CONSTANT HEAD DRAWDOWN — shall mean the drawdown in a well when a constant head condition has been obtained. Constant head drawdown is measured from the static level.
CONSTANT HEAD LEVEL — shall mean the water level in a well under constant head conditions.
CONSTANT HEAD PUMPING RATE — shall mean a pumping rate at which a constant head is attained in a constant head test.
CONSTANT HEAD TEST — shall mean a pumping test conducted upon the well so that drawdown remains constant with time. For the purpose of this chapter, a rate of less than 0.5 feet (six inches) per hour is considered constant.
DRAWDOWN — shall mean the decline in the water level in a well during pumping, measured from the static or freestanding water level which existed prior to pumping.
HYDROPNEUMATIC TANK — shall mean a water tank installed in a household water supply system to maintain pressure in that system. It is only secondarily a water supply tank.
PEAK DEMAND RATE — shall mean the average rate of discharge of water from a well, in gallons per minute, during peak demand periods. The peak demand rate equals the number of bathrooms in the residence multiplied by three g.p.m.
PEAK DEMAND TEST — shall mean a pumping test conducted upon a well to evaluate its capability to supply peak demand needs. The test is conducted at a rate and a duration equal to or greater than the peak demand rate and peak time.
PEAK LOAD — shall mean the volume of water, in gallons, required during each peak demand period. Peak load is equal to the number of bedrooms in the residence multiplied by 100 gallons.
PEAK TIME — shall mean the duration of time, in minutes, during which the peak demand rate is exerted on a well by a home. Peak time is computed in the following manner:
Peak time = 100 gallons x number of bedrooms\3 g.p.m. x number of bathrooms
SHORTFALL TIME — shall mean the time needed to pump the shortfall volume out of the well at the peak demand pumping rate. Shortfall time is Peak time - Assured time.
SHORTFALL VOLUME — shall mean the volume of water needed to supplement the assured volume in order to make up the peak load. Shortfall volume = Peak load - Assured volume.
STATIC LEVEL — shall mean the water level in the well either before or after pumping when all drilling and pumping effects on the aquifer have dissipated and the well is in equilibrium with atmospheric pressure.
STORAGE CONTRIBUTION — shall mean the proportion of the well flow at any given time which comes from the storage in the well.
WELL FLOW — shall mean the flow rate of water expressed in gallons per minute (g.p.m.) from a well at any given time. It is the sum of the aquifer contribution and the storage contribution.
WELL STORAGE — shall mean the volume of water within the well which is available for pumping.
2.
N.J.A.C. 7:10-12.4, General provisions and prohibitions, shall be amended to add the following testing and construction requirements:
a. 
Applicability of Testing Requirements. The testing requirements contained in this section shall be applicable to new wells or single-family dwellings or cottages that:
1. 
Are to be located in a geological region designated in the Montgomery Township Natural Resources, Inventory (1984) Geology and Groundwater Map as "Lockatong Argillite" or "Diabase;" or
2. 
Are to be located in a geological region designated in the Montgomery Township Natural Resources Inventory (1984) Geology and Groundwater Map as "Stockton Sandstone" or "Brunswick Shale;" and (i) have a yield of less than five gallons per minute (5 g.p.m.) as determined by a well driller licensed under the laws of the State of New Jersey or (ii) are in an area where it has been demonstrated by the performance of existing wells that water supply capabilities in the immediate area are limited.
b. 
Test Requirements. The capability of a well to meet the peak demand and the total daily demand of a household shall be evaluated through a two-part pump test. The first part of the pump test, known as the "peak demand test" is described in subparagraph c, below. The second part of the pump test, known as the "constant head test" is described in paragraph d below. The tests shall be conducted for each new well to which this section, as noted in paragraph a above, is applicable. The tests shall be conducted by a well driller licensed under the laws of the State of New Jersey who shall certify the results of the tests to the Administrative Authority based on the utilization of the worksheet forms contained in Appendix A of this Code and on calculations made through the use of Appendix B of this Code. (Appendices A and B may be found at the end of this subsection[1] BH4-1.2) A minimum of 72 hours' advance notice of the tests, excluding Saturdays, Sundays and legal holidays, shall be provided to the agent of the Administrative Authority making the observation.
c. 
Peak Demand Test. The peak demand test is a standard drawdown pump test used to determine whether the well can supply the water needed by the household during times of peak water demand. In the test the well is pumped at the peak demand rate estimated for the household for a time equal to or greater than the estimated peak demand time. The results of the peak demand test must demonstrate that well flow during peak time plus well storage will equal or be greater than peak load of the well or the test results will be deemed "unsatisfactory." This requirement is expressed by the following equation:
Well Flow x Peak Time + Well Storage = Peak Load
If the results of the peak demand test are "unsatisfactory," the well shall be modified or abandoned as set forth in paragraph e below. Relocation of the well may be considered.
d. 
Constant Head Test. The constant head test determines whether or not flow from the aquifer to the well can replenish water removed from the well during peak demand periods. Immediately following completion of the peak demand test, a constant head test shall be conducted for the purpose of measuring aquifer contribution to the well. Such measurement shall be attained by adjusting the pumping rate to the constant head pumping rate. The constant head pumping rate should be equal to or as close as possible to the peak demand rate. Once achieved, the constant head pumping rate shall be noted and expressed in gallons per day. For one, two and three bedroom homes the constant head pumping rate shall equal or exceed 720 gallons per day or be deemed "unsatisfactory." For dwellings having more than three bedrooms, the constant head pumping rate shall equal or exceed the figures noted below or be deemed unsatisfactory:
Number of Bedrooms
Minimum Required Constant Head Pumping Rate
4
800 g.p.d.
5
1,000 g.p.d.
6
1,200 g.p.d.
7
1,400 g.p.d.
e. 
Unsatisfactory Results.
1. 
Satisfactory Demand Test/Unsatisfactory Constant Head Test - where the results of the peak demand test are satisfactory but those of the constant head test unsatisfactory, the well shall be deepened or developed so as to produce a larger aquifer contribution. The well shall be fully retested in accordance with paragraphs b, c and d above. If the results of the tests continue to be unsatisfactory, the well shall be modified and retested until satisfactory test results are achieved or abandoned and sealed in accordance with applicable State regulations.
2. 
Unsatisfactory Peak Demand Test/Satisfactory Constant Head Test - where the results of the peak demand test are unsatisfactory and those of the constant head test are satisfactory, additional water storage shall be provided through the deepening of the well:
(a) 
The amount of additional storage required shall be determined by subtracting the aquifer contribution volume from the shortfall volume and dividing that amount by the storage capacity of the well. This requirement is expressed by the following equations:
Required Well Depth = static water level + constant head drawdown + 10 feet (drawdown safety factor) + additional well drawdown + 10 feet (pump clearance factor)
WHERE
Constant Head Drawdown = (Appendix A, Step F-18)
AND WHERE
Additional Well Drawdown = Additional
Well Storage Volume
Well Storage Capacity
AND WHERE
Additional Well Storage = Shortfall Volume - Aquifer Volume Contribution Volume
(b) 
When additional well storage is provided either by deepening the well, the well shall be fully retested in accordance with paragraphs b and c above and shall not be approved until satisfactory test results are obtained. If the results of the test continue to be unsatisfactory, the well shall be abandoned and sealed in accordance with applicable State regulations and relocation may be considered.
3. 
Unsatisfactory Peak Demand Test/Unsatisfactory Constant Head Test - where the results of both required tests are unsatisfactory, the well shall be deepened or developed to increase water flow to the well. The well shall be fully retested in accordance with paragraphs b, c and d above. If the results of the test continue to be unsatisfactory, the well shall be modified and retested until satisfactory test results are achieved or abandoned and sealed in accordance with applicable State regulations and relocation may be considered.
f. 
Well Approved Prior to Septic System Construction. All new wells for single-family dwellings or cottages located in either the Lockatong Argillite or Diabase Regions shall be drilled and certified for approval in accordance with all applicable provisions of this Code prior to issuance of any permits relating to construction of individual or community subsurface sewage disposal systems required by the Board of Health.
g. 
Minimum Pump Size. The minimum permissible pump size for single-family dwellings and cottages shall be sized to have the ability to deliver the peak demand rate to the plumbing fixtures at the highest elevation in the dwelling or cottage.
h. 
Permanent Air-line System. All wells which are to be evaluated through a two-part pump test in accordance with the requirements of this chapter shall be equipped with a permanent air-line system, installed by the well driller with the permanent pump as a means for measuring the position of the water level in the well. The air-line system requires the installation of a small diameter copper pipe or plastic tube (the air line) from the top of the well to the final pumping level point in a well. A pressure gauge fitted with an air pump connection fitting shall be affixed to the top of the airline outside the pitless adaptor so that the gauge and air pump connection fitting are permanently accessible. The depth of the air line in the well is to be permanently recorded on or near the air pressure gauge.
i. 
Blasting Prohibited. Blasting through the use of dynamite or other explosives shall not be permitted in the construction of wells.
j. 
Certified Test Results. In addition to any water quality tests required under N.J.A.C. 7:10, the certified tests results of any peak demand and constant head tests as may be required by this Code shall accompany an application for certification.
3.
N.J.A.C. 7:10-12.12, Minimum distance requirements, shall be amended to add the following:
The placement of the pump shall be no less than 10 feet below the depth the water measured at the end of a successful peak demand pump test and no deeper than 10 feet above the bottom of the well.
[Ord. #56-78, S 3; Ord. #2012-01, S 2]
Three copies of the most recent version of the "Standards for the Construction of Public Non-Community and Nonpublic Water Systems" have been placed on file in the Office of the Secretary of the Board of Health of the Township of Montgomery and will remain on file in that office for the use and examination of the public.
[Ord. #56-78, S 4]
No person shall locate, construct or alter any water system until a permit for the location, construction or alteration of the water system shall have been issued by the Board of Health of the Township or its duly authorized agent, hereinafter referred to as the "Administrative Authority."
[Ord. #56-78, S 5; Ord. #94-89, S 3; Ord. #5-90, S 1]
No person shall use, own or maintain a public non-community water system until a current license shall have been issued by the administrative authority for such public non-community water system. Licenses shall be issued annually and shall be valid from July 1 to June 30, or part thereof in the case of the first such license. Applications for licenses shall be made on forms and in accordance with regulations provided by the administrative authority.
[Ord. #56-78, S 6; Ord. #2012-01, S 3].
New water systems shall not be placed in operation, nor shall new dwellings or buildings, or additions thereto be sold or occupied, which must rely on such system or systems for water, until the administrative authority shall have accepted a certificate certifying that the water system is in compliance with the terms of the permit issued and in compliance with the standards adopted in this chapter. Such approval shall be required for the alteration of an existing water system. The administrative authority may grant such approval of compliance if a licensed water well driller of the State of New Jersey submits a statement in writing, signed by such licensee, to the administrative authority, certifying that the water system has been located and constructed in accordance with the standards adopted by this chapter.
[Ord. #56-78, S 7]
In case any permit or approval required by this chapter is denied by the administrative authority, a hearing shall be held concerning such denial before the Board of Health within 15 days after request therefor has been made by the applicant or aggrieved party and upon such hearing, the Board of Health shall affirm, alter or rescind the determination under consideration, stating, for the record the supporting reasons for any such action. In the event that the Board of Health determines to alter or rescind the decision appealed from, action pursuant to that determination shall be taken within 15 days after the hearing.
[Ord. #56-78, S 8]
The Board of Health, or its administrative authority, may order any work in process in or about any water system, which is in use or being installed in violation of this chapter, 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 this chapter. After issuance of any such stop order and service of a copy thereof upon any person connected with or working in or about the installation of such water system, or any part thereof, no further work shall be done thereon except as aforesaid.
[Ord. #56-78, S 9; Ord. #79-85, S 5; Ord. #94-89, SS 2, 4; Ord. #5-90, S 2; Ord. #94-2, S 3; Ord. #98-01, S 2; Ord. #2002-03, S 2; Ord. #2008-01, S 2]
a. 
Application for the issuance of a permit to locate and construct a water system: $150.
b. 
Application for the issuance of a permit to repair, alter or abandon a water system: $50.
c. 
For each reinspection of a water system, or part thereof, caused by the failure of the permittee or owner or contractor to locate and construct or alter the same in accordance with the terms of the permit issued or terms of this chapter: $25.
d. 
Application for the issuance of an annual license to use, own or maintain a public non-community water system: $125.
e. 
For the observation by the agent of the Administrative Authority of any peak demand test required by this Code: $500.
[Ord. #56-78, S 10]
Any person violating any of the provisions of this chapter or any order promulgated under this chapter of the public non-community and non-public water systems standards, as the same may be amended, upon conviction thereof, shall be liable to the penalty established in section BH1-2.