[Ord. No. 2214-03]
The Township Committee finds that:
a.
The ground water underlying the Township
is a major source of existing and future water supplies, including
drinking water. The ground water underlying the Township lies within
the Buried Valley Aquifer Systems of the Central Passaic River Basin,
designated as a "sole source" aquifer under Section 1424(e) of the
Federal Safe Drinking Water Act of 1974.
b.
The ground water aquifers are integrally
connected with, are recharged by, and flow into the surface waters,
lakes and streams, which also constitute a major source of water for
drinking, commercial and industrial needs.
c.
Accidental spills and discharges of toxic
and hazardous materials may threaten the quality of these ground water
supplies and related water sources.
d.
Contaminated water from any source is a
detriment to the health, welfare and comfort of the residents of the
Township, and other users of these water resources.
e.
Spills or discharges of hazardous substances
or hazardous wastes may contaminate or pollute water. As a preventive
measure, the proximity of such materials to sources of water supplies,
such as public community wells, should be restricted so that there
will be sufficient time to find and clean up such spills or discharges
before water supplies become contaminated.
The purpose of this Article 9 is
to protect the public health, safety and welfare through the protection
of the ground water resources underlying the Township to ensure a
supply of safe and healthful drinking water for present and future
generations of local residents, employees and the general public in
the Township, as well as users of these water supplies outside the
Township. Areas of land surrounding each public community well, known
as Well Head Protection Areas (WHPAs), from which contaminants may
move through the ground to be withdrawn in water taken from the well,
have been delineated. Through regulation of land use, physical facilities
and other activities within these areas, the potential for ground
water contamination can be reduced. The purpose of the regulations
contained in this Article 9 is to prevent the migration of potential
pollutants from areas within a WHPA into ground water that is withdrawn
from a public community well.
903.1.
ADMINISTRATIVE AUTHORITY — 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.
903.2.
APPLICANT — Person applying to the Board of Health, Planning
Board, Board of Adjustment or the Construction Office proposing to
engage in an activity that is regulated by the provisions of this
Article 9, and that would be located within a regulated Well Head
Protection Area.
903.3.
AQUIFER — A formation, group of formations, or part of
a 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.
903.4.
BEST MANAGEMENT PRACTICES (BMP) — These are performance
or design standards established to minimize the risk of contaminating
ground water or surface waters while managing the use, manufacture,
handling or storage of hazardous substances or hazardous wastes.
903.5.
CONTAMINATION — The presence of any harmful or deleterious
substances in the water supply.
903.6.
DEVELOPMENT — The carrying out of any construction, reconstruction,
alteration of surface or structure or change of land use or intensity
of use.
903.7.
DISCHARGE — 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.
903.8.
GROUND WATER — Water contained in interconnected pores
of a saturated zone in the ground, also known as well water. A saturated
zone is a volume of ground in which the voids in the rock or soil
are filled with water at a pressure greater than atmospheric.
903.9.
HAZARDOUS SUBSTANCE — Any substance designated under 42
U.S.C. § 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.
903.10.
HAZARDOUS WASTE — 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 et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
903.11.
MAXIMUM CONTAMINANT LEVEL — Maximum permissible level
of a contaminant in water which is delivered to any user of a Public
Community Water System.
903.12.
NJDEP — New Jersey Department of Environmental Protection.
903.13.
PERSON — Any individual, public or private corporation,
company, partnership, firm, association, owner or operator, political
subdivision of this State, and any state, Federal or interstate agency
or an agent or employee thereof.
903.14.
POLLUTED WATER — In the content of drinking water, water
is polluted when a pollutant is present in excess of a maximum contaminant
level or bacteriological limit established by law or regulation.
903.15.
POTENTIAL POLLUTANT SOURCE (PPS) — Activity or land use
which may be a source of a pollutant that has the potential to move
into ground water withdrawn from a well. For the purposes of this
ordinance Potential Pollutant Sources are defined in Section 906.
903.16.
PPS — Potential Pollutant Source.
903.17.
PUBLIC COMMUNITY WELL — A public water supply well which
serves at least 15 service connections used by year-round residents
or regularly serves at least twenty-five-year-round residents.
903.18.
SIC — Standard Industrial Classification.
903.19.
SOLE SOURCE AQUIFER — Any drinking water aquifer upon
which more than 50% of a population group depends and for which there
is no practicable or affordable alternate water supply, as certified
by the United States Environmental Protection Agency.
903.20.
TIME OF TRAVEL (TOT) — The average time that a volume
of water will take to travel in the saturated zone from a given point
to a pumping well.
903.21.
TIER 1 WELL HEAD PROTECTION AREA — That area of land within
a WHPA from which groundwater may enter the well within two years.
(See maps referenced under Section 904).
903.22.
TIER 2 WELL HEAD PROTECTION AREA — That area of land within
a WHPA from which groundwater may enter the well within five years.
(See maps referenced under Section 904)
903.23.
TIER 3 WELL HEAD PROTECTION AREA — That area of land within
a WHPA from which ground water may enter the well within 12 years.
(See maps referenced under Section 904).
903.24.
WELL HEAD — The well borehole and appurtenant equipment.
903.25.
WELL HEAD PROTECTION AREA (WHPA) — An area described in
plan view around a well, from which ground water flows to the well
and ground water pollution, if it occurs, may pose a significant threat
to the quality of water withdrawn from the well.
903.26.
WHPA — Well Head Protection Area.
a.
Well Head Protection Area Maps.
1.
The delineations of Well Head Protection
Areas for public community wells, which were published by the New
Jersey Geological Survey of the New Jersey Department of Environmental
Protection, are incorporated herein and made a part of this Article
9. 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 Well Head Protection Areas located within the Township
of Millburn is included as part of this Article 9 by reference. Maps
of the municipality on which these delineations have been overlain
shall be on file and maintained by the offices of the Township Clerk
and of the Board of Health of the Township of Millburn.
2.
Well Head Protection Areas, as shown on
the maps described in Section 904, shall be considered to be superimposed
over any other established zoning district. Land in a Well Head Protection
Area may be used for any purpose permitted in the underlying district,
subject to additional restriction set forth in this Article 9.
b.
Assignment of Restriction within Well Head
Protection Areas Properties located wholly or partially within a Well
Head Protection Area shall be governed by the restrictions applicable
to the Well Head Protection Area.
a.
The Administrative Authority for administering
the provisions of this Article 9 shall be the Planning Board, Board
of Adjustment or the Board of Health of the Township of Millburn.
b.
Any applicant 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 Millburn, and which is located within a delineated
WHPA, as defined in Section 904, that involves a Potential Pollutant
Source (PPS), as defined in Section 906, shall comply with the requirements
of this Article 9.
c.
Any applicant for a permit requesting a
change in land use or activity, which is subject to the requirements
of this Article 9, shall file an Operations and Contingency Plan,
as required by Section 908, with the Administrative Authority. No
permit that allows a change in land use or activity, which is subject
to the requirements of this Article 9, 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 to the public for inspection.
d.
Any change in land use or activity that
introduces a Major or Minor Potential Pollutant Source (PPS), as defined
in Section 906, shall be prohibited within a Tier 1 WHPA.
e.
Any change in land use or activity that
introduces a Major PPS, as defined in Section 906, shall be prohibited
within a Tier 2 WHPA.
f.
Any change in land use or activity that
involves any PPS, as defined in Section 906, within any WHPA, that
is not prohibited pursuant to Sections 905d or 905e, shall comply
with the Best Management Practice Standards, as defined in Section
907.
g.
This Article 9 is supplementary to other
laws and ordinances in the Township. Where this Article 9 or any portion
thereof imposes a greater restriction than is imposed by other regulations,
the provisions of this Article 9 shall supersede. These Rules and
Regulations shall in no way affect the limitations or requirements
applicable in the underlying zoning districts of the Township of Millburn.
The following are Major and Minor
Potential Pollutant Sources (PPS) subject to the requirements of this
Article 9. This listing is consistent with the New Jersey Safe Drinking
Water Act, N.J.A.C. 7:10-11.7 through 12.12.
a.
Major PPSs include:
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
total 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.
Above-ground storage facility for a hazardous
substance or waste with a cumulative capacity greater than 2,000 gallons.
6.
Any industrial treatment facility lagoon.
7.
Any facility with a 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 greater.
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, locomotive maintenance
yard.
15.
Site for storage and maintenance
of heavy construction equipment and materials.
16.
Site for storage and maintenance
of equipment and materials for landscaping.
17.
Livestock operation.
18.
Quarrying and/or mining facility.
19.
Asphalt and/or concrete manufacturing
facility.
20.
Junkyard/auto recycling and scrap
metal facility.
21.
Residential or agricultural motor
fuel in NJDEP exempted underground storage tanks (i.e. under 1,000
gallons).
b.
Minor PPSs include:
1.
Underground storage of hazardous substance
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. (See conditions in Section 906c.)
5.
Industrial waste line. (See conditions
in Section 906c.)
6.
Septic leaching field.
7.
Facility requiring a ground water discharge
permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq.
8.
Stormwater retention-recharge basin.
9.
Dry well. (See conditions in Section 906c.)
10.
Storm water line. (See conditions
in Section 906c.)
11.
Waste oil collection, storage and
recycling facility.
12.
Agricultural chemical bulk storage
and mixing or loading facility including crop dusting facilities.
13.
Above-ground storage of hazardous
substance or waste in quantities of less than 2,000 gallons.
c.
Conditions:
1.
Sanitary sewer lines, industrial waste
lines and storm water lines may be located no closer than 100 feet
to a regulated well, and only if they are constructed of watertight
construction (that is 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 Section
906, 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:
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
discharges of hazardous substances will be prevented from overflowing,
draining, or leaching into the ground water 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.
Wherever hazardous substances are stored,
processed, manufactured or transferred outdoors, the design features
shall include secondary containment and/or diversionary structures
which may include but not be limited to:
1.
Containers, dikes, berms or retaining walls
sufficiently impermeable to contain spilled hazardous substances,
for the duration of a spill event.
2.
Curbing.
3.
Gutter, 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, structure 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 ground water 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 ground water, all components of the system shall be
made of or lined with impermeable materials sufficient to contain
the substance for the duration of a 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 pre-treatment 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 ground water, and so as to be in accordance with
applicable laws and regulations of the State of New Jersey, and of
the Township of Millburn.
a.
Any applicant proposing any change in land
use or activity that involves any PPS, as defined in Section 906,
that would be located either wholly or partially within any WHPA shall
submit an Operations and Contingency Plan to the Administrative Authority.
This Operations and Contingency Plan shall inform the Administrative
Authority about 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 ground water;
4.
Means to be used to contain or remediate
accidental spillage of such materials;
5.
Means to notify administrative authority
about any accidental spillage of such materials;
6.
Demonstration that the proposed use and/or
activity would employ, to the maximum extent possible, best management
practices as set forth in Section 907, to protect ground water quality
in the WHPA and minimize the risk of potential ground water contamination.
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 prompt investigation shall be made
by the appropriate personnel of the Township of Millburn of any person
or entity believed to be in violation of this Article 9. If, upon
inspection, a condition which is in violation of this Article 9 is
discovered, a civil action may be commenced in the Special Part of
the Superior Court, or in the Superior Court, if the primary relief
sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this Article 9 shall be construed to preclude
the Township's right, pursuant to any applicable statute, to initiate
legal proceedings under this Article 9 in Municipal Court. The violation
of any section or subsection of this Article 9 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 9. Each day a violation continues shall be considered a separate
offense.
