[Added 12-20-2005 by Ord. No. 2005:26]
The governing body of Parsippany-Troy Hills
finds that:
A.
The groundwater underlying this municipality is a
major source of existing and future water supplies, including drinking
water. The groundwater underlying this municipality lies within the
Buried Valley Aquifer Systems of the Central Passaic River Basin,
which are designated as a "sole source" aquifer under Section 1424(e)
of the federal Safe Drinking Water Act of 1974.
B.
The groundwater 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 groundwater supplies and
related water sources.
D.
Contaminated water from any source is a detriment
to the health, welfare and comfort of the residents of this municipality,
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 is to protect the
public health, safety and welfare through the protection of the groundwater
resources underlying the municipality to ensure a supply of safe and
healthful drinking water for the present and future generations of
local residents, employees and the general public in this municipality,
as well as users of these water supplies outside this municipality.
Areas of land surrounding each public community well, known as "wellhead
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the ground to be withdrawn in water taken from the well, have been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 groundwater
contamination can be reduced. The purpose of the regulations contained
in this article is to prevent the migration of potential pollutants
from areas within a WHPA into groundwater that is withdrawn from a
public community well.
The municipality of Parsippany-Troy Hills is
empowered to regulate these activities under the provisions of the
New Jersey Municipal Land Use Law, N.J.S.A 40:55D-1 et seq., which
authorizes each municipality to plan and regulate land use to secure
a safe and adequate drinking water supply for its residents. With
the authority to implement the Wellhead Protection Ordinance, Parsippany-Troy
Hills Township is also obligated to insure that its provisions are
not carried out in a manner which is not inconsistent with N.J.A.C.
7:14B. The Health Department of this municipality has autonomous power
granted by the State Legislature to develop this article to protect
public health, safety and welfare, as set forth in the New Jersey
Local Boards of Health Law, N.J.S.A. 26:3-1 et seq., and the New Jersey
County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq.
As used in this article, the following terms
shall have the meanings indicated:
The Planning Board or Board of Adjustment and the Health
Department, acting jointly and in consultation, with all of the powers
delegated, assigned, or assumed by them according to statute or ordinance.
Person applying to the Health Department, Planning Board,
Board of Adjustment or the Construction Office proposing to engage
in an activity that is regulated by the provisions of this article,
that would be located within a regulated Wellhead Protection Area.
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.
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
or hazardous wastes.
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.
A subsurface storage facility that receives and temporarily
stores roof runoff. A dry well may be either a structural chamber
and/or an excavated pit filled with aggregate in accordance with the
requirements of the Township Engineer.
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.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act, Public Law 92-500; 33 U.S.C. 1251 et seq.), the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.ll et seq.,
or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A.
58:10A-4). 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 et
seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
The maximum permissible level of a contaminant in water which
is delivered to any user of a public community water system.
North American Industrial Classification System pursuant
to the North American Free Trade Agreement of 1993.
New Jersey Department of Environmental Protection.
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.
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.
An 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 § 430-322.
Potential Pollutant Source.
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.
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.
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. (See maps referenced under § 430-320.)
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under § 430-320.)
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under § 430-320.)
The well borehole and appurtenant equipment.
An area described in plan 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.
Wellhead Protection Area.
A.
Wellhead Protection Area maps.
(1)
The delineations of wellhead 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. They are designated
as follows: New Jersey Wellhead Protection Areas, Edition 2, Geospatial
Data Presentation, New Jersey Digital Data Series, DGS02-2, dated
18 June 2002. A description of these data, which has been excerpted
from these materials, is appended as Appendix B.[1] A map of the wellhead protection areas located within
Parsippany-Troy Hills is included as part of this article, is appended
as drawing number, WHPA-prcl, and is adopted as of December 20, 2005.
Maps of the municipality on which these delineations have been overlain
shall be on file and maintained by the offices of the Clerk of Parsippany-Troy
Hills, and of the Health Department of Parsippany-Troy Hills.
[1]
Editor's Note: Appendix B is on file in the
Township offices.
(2)
Wellhead protection areas, as shown on the maps described in Subsection A(1), shall be considered to be superimposed over any other established zoning district. Land in a Wellhead Protection Area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.
B.
Assignment of restriction within wellhead protection
areas. Properties located wholly or partially within a Wellhead Protection
Area shall be governed by the restrictions applicable to the Wellhead
Protection Area.
A.
The Administrative Authority for administering the
provisions of this article shall be the Planning Board or Board of
Adjustment, Zoning Officer and the Health Department of Parsippany-Troy
Hills acting jointly and in consultation.
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 Parsippany-Troy Hills (Chapters 124, 225 and 430), and which is located within a delineated WHPA, as defined in § 430-320, that involves a potential pollutant source (PPS), as defined in § 430-322, shall comply with the 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 by § 430-324, 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 Health Department of Parsippany-Troy Hills, and shall be available to the public for inspection.
D.
Any change in land use or activity that adds a major or minor potential pollutant source (PPS), as defined in § 430-322, shall be prohibited within a Tier 1 WHPA.
E.
Any change in on-site land use or activity that adds a major PPS, as defined in § 430-322, shall be prohibited within a Tier 2 WHPA.
G.
Exemptions:
(4)
The use of any hazardous material solely as fuel in
a vehicle fuel tank or as a lubricant in a vehicle.
(5)
The transportation of a hazardous material through
the WHPA, provided that the transporting vehicle is in transit and
meets all state and federal requirements for the transportation of
such hazardous material.
(6)
Preexisting facilities, but not expansion of same, that would qualify under § 430-32, Continuance of existing nonconforming uses.
(7)
A NJDEP approved NJDES discharge to groundwater permit
(DGW) for remediation of groundwater clean up in any Tier WHPA.
H.
This article is supplementary to other laws and ordinances
in this municipality. Where this article or any portion thereof imposes
a greater restriction than is imposed by other regulations, the provisions
of this article shall supersede. These rules and regulations shall
in no way affect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
I.
The use limitations noted herein shall be considered
as limitations stipulated in the permitted list of uses in each zone.
The activities regulated herein shall be considered limitations accessory
to permitted uses in each zone.
The following are major and minor potential
pollutant sources (PPS) subject to the requirements of this article.
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 greater than an aggregate total
of 50 gallons and regulated by NJDEP under provisions of the Underground
Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
(4)
Aboveground storage facility for a hazardous substance
or waste with a cumulative capacity greater than 2,000 gallons.
(5)
Any industrial treatment facility lagoon.
(6)
Automotive service center (repair and maintenance).
(7)
Landfill.
(8)
Dry-cleaning facility (except retail distribution
only of dropoff and pickup of dry cleaning only).
(9)
Road salt storage facility.
(10)
Cemetery or funeral homes or such facilities
with embalming facilities.
(11)
Truck or bus maintenance yard.
(12)
Site for storage and maintenance of heavy construction
equipment and materials.
(13)
Site for storage and maintenance of equipment
and materials for landscaping.
(14)
Livestock operation.
(15)
Quarrying and/or mining facility.
(16)
Asphalt and/or concrete manufacturing facility.
(17)
Junkyard/auto recycling and scrap metal facility.
(18)
Farm or residential underground storage of 1,100
gallons or less capacity used for storing motor fuel for noncommercial
purposes.
(19)
Underground heating oil storage tank for on-site
consumption with a capacity greater than 2,000 gallons.
B.
Minor PPSs include:
(1)
Any use or activity requiring the underground storage
of hazardous substance or waste of 50 gallons or less.
(2)
Underground heating oil storage tank for on-site consumption
with a capacity of 2,000 gallons or less.
(3)
Sewage treatment facility.
(4)
Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in Subsection C.)
(6)
Septic leaching field.
(7)
Facility requiring a groundwater discharge permit
issued by the NJDEP pursuant to N.J.A.C 7:14A et seq.
(9)
Waste oil collection, storage and recycling facility.
(10)
Agricultural chemical bulk storage and mixing
or loading facility, including crop dusting facilities.
(11)
Aboveground storage of hazardous substance or waste in quantities of 2,000 gallons or less. (See conditions in Subsection C.)
(12)
Any facility with a NAICS Code number included
under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C.
7:10A-1.14, Table II(N)A, with a toxicity number of II or greater.
(See Appendix A.[1])
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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 (that
is steel, reinforced concrete, PVC or other suitable material as approved
by the Township utility authority).
(2)
Manhole and/or connections to a sanitary sewer system
are restricted within 100 feet of a regulated well.
(3)
Dry wells dedicated to roof runoff and serving residential
properties or commercial or industrial properties with NAICS codes
not listed in Appendix A may be located no closer than 100 feet to
a regulated well.
(4)
Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with § 430-323 herein and shall be located no closer than 100 feet to a regulated well. The new aboveground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent properties.
(5)
An aboveground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with § 430-323 herein and shall 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 § 430-322, 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, and Parsippany-Troy Hills Township is also obligated to insure that its provisions are not carried out in a manner which is not inconsistent with N.J.A.C. 7:14B.:
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 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.
Secondary containment structures.
(1)
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:
(a)
Containers, dikes, berms or retaining walls
sufficiently impermeable to contain spilled hazardous substances,
for the duration of a spill event.
(b)
Curbing.
(c)
Gutter, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined
retention basins, holding tanks, sumps, slop tanks and other collecting
systems.
(f)
Drip pans.
(2)
All secondary containment and diversionary structures
for underground storage tanks shall be consistent with N.J.A.C. 7:14B.
D.
Secondary containment and 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 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 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 pretreatment facility,
or other NJDEP-approved facility. Exceptions to this provision shall
be for retail gasoline, diesel fuel and residential home heating oil
dispensing wherein the procedures are in conformance with NJDEP standards
and contain stormwater runoff controls in conformance with NJDEP requirements.
(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 of Parsippany-Troy
Hills.
A.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 430-322, 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 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 prompt investigation shall be made by the
appropriate personnel of the Health Department of Parsippany-Troy
Hills, of any person or entity believed to be in violation hereof.
If, upon inspection, a condition which is in violation of this article
is discovered, a civil action 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 shall be construed to preclude a municipality's right,
pursuant to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder
in Municipal Court. 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. Each day a violation continues shall
be considered a separate offense.
