[Adopted as Sec. 19-5 of the 1976 Revised General Ordinances]
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 N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code is annexed hereto and made a part hereof without inclusion of the text herein.
The code established and adopted by this article is described and commonly known as the "Individual and Semipublic Water Supply Code of New Jersey (1966)."
Three copies of the Individual and Semipublic Water Supply Code of New Jersey (1966) have been placed on file in the office of the Secretary of this Department of Health and will remain on file in such office for the use and examination by the public.
A. 
No person shall construct a water supply system for any realty improvement other than by an owner-occupant unless he or it shall have been issued a license by the Department of Health to engage in such a business. Such license shall expire on December 31 in each year. Such license may be suspended or revoked by the Department of Health for any violation of this article or the code hereby adopted. No such license or renewal shall be issued until such person shall file with the Department of Health a performance guarantee in the amount of $2,500; such performance guarantee may be in the form of a performance bond issued by a bonding or surety company authorized to do business in the State of New Jersey, and in form approved by the Department of Health, or a certified check, returnable to the applicant upon full compliance, or any other type of surety approved by the Department of Health. Such performance guarantee shall commence on the effective date of the license and shall terminate one year after the expiration date of such license issued. Such performance guarantee shall be conditioned upon compliance with the provisions of this article, to any amendatory ordinance thereto, and to the provisions of N.J.S.A. 26:3-69.1 to 26:3-69.6 of the New Jersey Statutes and any amendments thereof.
B. 
No person shall locate, construct or alter any water supply until a permit for location, construction or alteration of the water supply shall have been issued by the Department of Health.
(1) 
The Department of Health may issue a permit if an application for the same is 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.
(2) 
Such permit, when issued, shall be valid for a period of one year.
C. 
No person (except a bona fide owner-occupant of a single-family dwelling) shall install any water pumps or supplies until such person shall have been issued a license by this Department of Health to engage in such business. The annual fee for such license is set forth in Chapter 135, Fees and Costs. Such license shall expire on December 31 in each year.[1]
(1) 
No such license shall be issued or renewed until such person shall have filed with the Department of Health a performance guarantee in the amount of $1,000.
(2) 
A valid plumbing license as issued by this Department of Health will be acceptable in lieu of the foregoing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Upon the completion of or cessation of work on a well, the person to whom a permit for same has been issued shall, within five days of written notice or demand by an authorized representative of the Department of Health, file in detail with the Department the well drillers certification for such well.
A. 
New water supplies shall not be placed in operation, nor shall new dwelling or buildings or additions thereto be sold or occupied, which must rely on such a supply of water, until the Department of Health shall have issued a certificate indicating that the 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 Department of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him to the Department of Health that the 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 article is denied by the Department of Health, a hearing shall be held thereon before the Department within 15 days after request therefor is made by the applicant, and upon such hearing the Department of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
The Department 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.
[Amended 4-16-1986 by Ord. No. 1986-6; 11-14-1988 by Ord. No. 1988-37; 11-21-1990 by Ord. No. 1990-43; 9-21-2005 by Ord. No. 2005-14[1]]
The following fees and charges are herewith established:
A. 
The fee for the filing of an application and plans, for the issuance of a permit to locate and drill or dig a well, are set forth in Chapter 135, Fees and Costs.
(1) 
In addition, a water sample and analysis, required to comply with this article of the code (Proof of Potability) shall be performed by the Department of Health or its authorized agents and the permittee shall pay the cost of the lab fee.
B. 
The fee for the issuance of a permit to install a pump and supply for an individual water supply system is set forth in Chapter 135, Fees and Costs.
C. 
The permit fee for each house connection to an approved water supply system serving three or more consumers is set forth in Chapter 135, Fees and Costs.
D. 
The inspection fee for each reinspection of any water supply system or part thereof caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid code is set forth in Chapter 135, Fees and Costs.
E. 
If additional water samples and analyses are required, the same shall be performed by the Department of Health or its authorized agents, and the permittee shall pay the lab costs of each additional sample and analysis. This shall include but not be limited to all samples required to comply with this article of the code (Proof of Potability).
F. 
The fee or charge to be collected by the Department of Health for certification of an existing individual water supply system, which includes one water sample, is set forth in Chapter 135, Fees and Costs. No certificate shall be issued until such fee or charge is paid at the time of the application thereof.
G. 
The fee for the renewal of a permit to locate and drill or dig a well is set forth in Chapter 135, Fees and Costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following amendments or additions to the code adopted hereby shall be effective:
2.6. Freezing. All parts of the water supply system shall be designed, located and constructed to protect against freezing, but this provision may be waived where the water supply system used is aboveground and used during nonfreezing periods.
2.8. Frost-proof facilities. No water supply connections shall be made to a frost-proof toilet or hydrant unless authorized by the administrative authorities, but this provision may be waived where the water supply system used is aboveground and used during nonfreezing periods.
3.4. The requirements of the well-room in the code adopted hereby may be waived by administrative authorities or its authorized agent.
In order to insure the safety, adequacy and propriety of water supply systems for realty improvements in the Township, the following rules, standards and provisions are hereby adopted and made effective and binding upon all water supply systems, serving three or more realty improvements, they shall apply to and be binding not only upon all such future water supply systems placed in operation but also to such systems in use as of April 23, 1968, whether or not previous certification has been given, and are to be in addition to such rules, regulations and standards fixed by the State Department of Health and Senior Services:
A. 
Standards for potability. Water supplied shall be in accordance with the U.S.P.H.S. standards for potable water and Standard Methods as adopted and approved by the State Department of Health and Senior Services.
B. 
Standards for pressure. Minimum pressure of water supplied shall be such as to furnish a flow in accordance with the provisions of Section E-800, 8.8 et seq. of the Plumbing Code of New Jersey (Revised 1964) adopted by the Township of West Milford.
C. 
Water quality. The supplier shall at its own cost and expense cause to be collected by authorized agents of the Department supplies of water for analysis on May 1 and November 1 of each year and submit such samples to the authorized agent of the administrative authority to determine whether the water meets the "Potable Water Standards." Monthly reports to the State Department of Health and Senior Services may be accepted in lieu thereof. The administrative authority, or its authorized agent, shall have the right to cause such inspection and to require additional samplings of a water supply to be made as may be deemed necessary from time to time.
D. 
Supplier.
(1) 
Every supplier of a water supply system, serving three or more realty improvements, shall within 30 days after April 23, 1968, notify the administrative authority or its authorized agent of the following:
(a) 
Name and address of supplier and owner of water supply system.
(b) 
Name and address of individual responsible for the operation of the system.
(c) 
Location of water supply system.
(d) 
Number of realty improvements served by the supplier.
(2) 
Where there is a transfer in ownership of a water supply system, the sellers thereof shall, within 10 days of the transfer thereof, notify in writing the administrative authority or its authorized agent of the sale, furnishing the name and address of the purchaser of the system. The purchaser shall within 10 days of such a sale furnish the administrative authority or its authorized agent of this information above recited and required of a supplier.
E. 
Discontinuance of a system. No water supply system serving three or more realty improvements shall be discontinued, abandoned, nor shall the distribution of water for potable or domestic purposes to consumers be terminated unless and prior thereto the supplier shall have given a twelve-month notice in writing to each consumer and to the administrative authority of its intention to discontinue and abandon the system.
F. 
Service. The supply of potable water to consumers shall be maintained at all times, except in cases when repairs to such systems are required. In which case, there shall not be a shutoff water supply until and unless a minimum of written notice of eight hours is given each consumer and the Department of Health, except in cases of extreme emergencies. Repairs in each case must be made without any delay.
G. 
Applicability. Whatever application the provisions of the plumbing code, sanitary code and building code shall apply.
H. 
Connection of realty improvement. No permit shall be issued for the installation of an individual water supply for service to more than one lot, nor shall a permit be issued for the connection of an additional realty improvement to any individual water supply system existing on an adjoining property or boundary line between two adjoining properties; provided that the prohibition contained herein may be modified or waived by the Township Health Officer. A waiver shall be made only in the event a variance is required to prevent undue hardship or to accommodate special circumstances. No such variance shall be granted unless appropriate provisions are made by the property owner or owners in deeds or other instruments of conveyance, properly recorded, to ensure that the present and future owners of the property served by such individual water supply shall have continuing and perpetual rights to the use water supply regardless of the location thereof or the ownership of the property in which it is located.
[Amended 7-1-1996 by Ord. No. 1996-21]