[HISTORY: Adopted by the Board of Health of the Township of Middle:
Art. I, 10-18-1994 as Ord. No. 890-94. Amendments noted where applicable.]
[Adopted 10-18-1994 as Ord.
No. 890-94]
The words, terms and phrases used in this Article shall be defined and
have the same meanings as set forth in N.J.A.C. 7:9-2.4 and N.J.A.C. 10:12-4,
except as set forth below:
The New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq.,
as amended and supplemented from time to time.
The "authorized agent" for the purposes of this Article is the Cape
May County Health Department.
A designated parcel, tract or area of land established by a plat
or as otherwise permitted by law.
Any water not used or intended to be used as a potable water supply
and permanently identified as such.
Any water utility authorized by law to service any portion of the
Township of Middle.
A map or maps of a subdivision or site plan.
Any water used or intended to be used for drinking, bathing, culinary
or other personal contact purposes.
The New Jersey Safe Drinking Water Regulations, N.J.A.C. 7:10-1 et
seq., as amended and supplemented from time to time.
Fee-simple title is passed from one (1) person or legal entity by
deed or other means of conveyance.
A change of possession from one party to another party either by
lease or otherwise for a period in excess of one (1) year.
A.
As a condition precedent to the issuance of a certificate of occupancy for any residential dwelling property not serviced by off-site water facilities and utilizing an on-site well to provide potable water to the subject premises within the Township of Middle, a water analysis report as defined in § 279-6 of this Article shall be filed with the Township Construction Official, with said report being certified by the Cape May County Health Department indicating that there is a safe drinking water supply.
B.
Upon the sale or transfer of all properties within the Township of Middle for residential purposes, the seller, prior to settlement, shall supply to the buyer a water analysis as defined in § 279-6 of this Article indicating safe drinking water as approved by the Cape May County Health Department.
The Cape May County Health Department may grant final certification
of a well, provided that the following requirements are met:
A.
In the case of the location and construction of a new well, if the laboratory analysis of a water sample collected and analyzed in accordance with §§ 279-4, 279-5 and 279-6 of this Article does not disclose the presence of any of the hazardous contaminants or substances set forth herein in an amount which exceeds the maximum contaminant level established under the Act, the regulations or this Article for the same or, if the maximum contaminant level has yet to be established, the Level 1, interim action level concentration for the same established by the New Jersey Department of Environmental Protection and Energy, Division of Water Resources.
A.
Before final certification and operation of a new well, other than an exempt well as defined in Subsection B of this section, the person owning the lot upon which a new well is located and constructed shall have a sample of the well water collected and analyzed by a laboratory certified by the New Jersey Department of Environmental Protection and Energy pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct testing for the individual hazardous contaminants and substances set forth in § 279-5A of this Article. The water sample shall be taken as close to the pumping well as possible. If a sample must be taken following a treatment unit, the type, size and purpose of the unit shall be reported along with the test results. In no case shall treatment equipment be installed on a new well prior to the first sampling. The results of said laboratory analysis shall be forwarded directly by the laboratory to the Cape May County Health Department and the Township of Middle. All samples must be taken prior to the entry of any filtration system.
B.
The following nonpotable water supply wells shall be exempt from the sampling and analysis requirements established under §§ 279-4, 279-5 and 279-6 of this Article:
(1)
Any nonpotable well, the pumps and lines of which do
not enter a building, crawl space or garage and are directly connected to
a sprinkler system mainfold.
(2)
Geothermal groundwater heat pump wells that are constructed
and installed as totally enclosed systems and are incapable of being used
as a potable water supply.
(3)
Fire protection wells as defined in the State Uniform
Construction Code, N.J.A.C. 5:23-1.1 et seq., which are incapable of being
used as potable water supply.
A.
The water sample collected under § 279-4 of this Article shall be analyzed by a laboratory certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to determine whether any of the following hazardous contaminants and substances are present in amounts which exceed the maximum contaminant level established under the Act and the regulations for the same or, if the maximum contaminant level has yet to be established, the Level 1, interim action level concentration for the same established by the New Jersey Department of Environmental Protection and Energy, Division of Water Resources:
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Total dissolved solids
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Bacteria (total coliform)
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Nitrates - nitrogen
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Iron
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Manganese
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pH
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Chloride
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Sodium
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Lead
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Mercury
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Benzene
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Carbon tetrachloride
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Chlorobenzene
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Dichlorobenzenes - 1,2 - 1,3 - 1,4
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1.2 - Dichloroethane
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1.1 - Dichloroethylene
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1.2 - Dichloroethylene (cis and trans)
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Methylene chloride
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Tetrachloroethylene
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1,1,1 - Trichloroethane
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Trichloroethylene
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Vinyl chloride
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B.
All water samples shall be collected, tested and analyzed in accordance with criteria and procedures established by the New Jersey Department of Environmental Protection and Energy in N.J.A.C. 7:18-2.1 et seq. Upon request by the Cape May County Health Department, the laboratory submitting the test results shall submit proof that it is certified by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:18-1.1 et seq. to conduct the tests necessary to determine the presence of the hazardous contaminants and substances set forth in § 279-5A of this Article.
C.
In the event that the laboratory analysis of a water sample collected from a new well reveals the presence of any of the hazardous contaminants or substances identified in § 279-5A of this Article in an amount exceeding the maximum contaminant levels set forth or incorporated in this Article for the same, the Cape May County Health Department must be notified prior to resampling the well for the purpose of determining resampling procedures.
The laboratory collecting the sample and performing the water analysis required under §§ 279-4 and 279-5 of this Article shall submit the results of its analysis directly to the Township of Middle and Cape May County Health Department with the following information:
A.
The lot number and block number of the property upon
which the well is located and the reason for the sample (i.e., new construction,
sale or transfer).
B.
The name and mailing address of all persons owning the
property upon which the well is located.
C.
The laboratory employee or the laboratory's authorized
representative who physically collected the sample from the well.
D.
The date and time that the well sample was collected.
E.
The specific point of collection of the water sample.
F.
The date and time the sample was analyzed by the laboratory.
No real property nor any interest in the same shall be sold or transferred
after October 26, 1994, which utilizes a well for its potable water supply
until:
B.
The Cape May County Health Department has certified that the laboratory analysis of the water sample collected from said well does not disclose the presence of any of the hazardous contamination or substances set forth in § 279-5A of this Article in an amount exceeding the maximum contaminant level established under the Act, the regulations or this Article for the same or, if the maximum contaminant level has yet to be established, the Level 1, interim action level concentration for the same established by the New Jersey Department of Environmental Protection and Energy, Division of Water Resources.
C.
The granting of final certification by the Cape May County
Health Department shall be valid certification until there is a sale or transfer
of the property in question where that sale or transfer is more than one (1)
year after the issuance of said final certification. In the event that said
sale or transfer is within one (1) year or less from the preceding certification,
the transferor need not obtain a new certification.
The Cape May County Health Department, subject to the review of the
Board of Health of the Township of Middle, shall develop and implement appropriate
policies and procedures for the proper administration of this Article.
The Township of Middle and the Cape May County Health Department shall
have access and entry to any property upon which there is located a well for
the purpose of inspecting and/or testing the same.
The Township of Middle and Cape May County Health Department may order
any well which is determined to be polluted or detrimental to the public health
closed until and unless the water is made potable.
The following fees are hereby established:
A.
In addition to any other liability or penalty imposed
by law, any person, firm, corporation or individual violating the terms or
the provisions of this Article shall, for the first offense, be subject to
a fine, in the Middle Township Municipal Court, of not less than two hundred
fifty dollars ($250.) nor more than four hundred seventy-five dollars ($475.);
for a second or subsequent offense, the fine shall be not less than two hundred
fifty dollars ($250.) nor more than five hundred dollars ($500.). A person
need not be charged as a second or subsequent offender to be punished the
same.
B.
Each and every day in which a violation of any of the
provisions of this Article exists shall constitute a separate offense.
