Chatham City Zoning Code
ARTICLE IX
WHPA Well Head Protection Areas
§ 165-46 Statement of findings.
The Mayor and Council of the Borough of Chatham (the Borough) find that:
A.
The groundwater underlying the Borough is a major source of existing and future water supplies, including drinking water. The groundwater underlying the Borough 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 the Borough, 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.
F.
The Chatham Borough Planning Board, after careful consideration of the need for well head protection in a form similar to the Model Municipal Well Head Protection Ordinance (developed, with the assistance of the New Jersey Department of Environmental Protection, by the Passaic Valley groundwater Protection Committee of the Passaic River Coalition), has amended the Borough Master Plan to include well head protection area zoning.
§ 165-47 Purpose.
The purpose of the addition of Article IX, hereinafter described as "this article," to the Chatham Borough Land Development Ordinance, is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the Borough 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 the Borough, as well as users of these water supplies outside the Borough. 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 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.
§ 165-48 Statutory authority.
The Borough of Chatham 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. The Board of Health of the Borough 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.
§ 165-49 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The Planning Board or the Board of Adjustment, whichever has jurisdiction in a particular matter, acting after consultation with the Board of Health, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
Person applying to the Board of Health, Planning Board, or the Construction Office proposing to engage in an activity that is regulated by the provisions of this article, and that would be located within a regulated Well Head 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 located within the Borough or into waters outside the jurisdiction of the Borough when damage may result to the lands, waters or natural resources within the jurisdiction of the Borough.
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, 33 U.S.C. § 1251 et seq., the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq. 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-1 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.
New Jersey Department of Environmental Protection.
Any individual, public or private corporation, limited liability 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.
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 § 165-52.
A public water system providing to a residential population, such as a municipality or a subdivision, water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections used by year-round residents, or which regularly serves at least 25 year-round residents.
A public water supply well which is a part of a public community water system.
Standard Industrial Classification.
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 § 165-50.)
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under § 165-50.)
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under § 165-50.)
A structure by use of which groundwater may be extracted from the ground.
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.
Well Head Protection Area.
§ 165-50 Establishment of Well Head Protection Areas and Maps.
A.
Well Head Protection Areas and Maps:
[Amended 8-8-2016 by Ord. No. 16-06]
(1)
The delineations of Well Head Protection Areas for public community wells, as established by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection, are hereby incorporated herein and made a part of this article.
(2)
The delineations of the Well Head Protection Areas located within the Borough of Chatham are hereby established as shown on the map entitled "Well Head Protection Area Overlay Zoning District of the Borough of Chatham" dated December 15, 2014 and as amended, which map is attached hereto and made a part of this Chapter. The Official Well Head Protection Map shall be identified by the signature of the Mayor, attested by the Borough Clerk and bearing the seal of the Borough under the following words: "This is to certify that this is the Official Well Head Protection Area Overlay Zoning District Map of the Borough of Chatham referred to in Section 165-150 of the Borough Code of the Borough of Chatham, New Jersey" together with the date of adoption. All notations, references and other information shown on said map are incorporated by reference herein and made a part hereof. The map is on file in the office of the Borough Clerk's office.
(3)
If, in accordance with the provisions of this chapter and the delineations established by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection, changes are made to the delineations of the Well Head Protection Areas located within the Borough, such changes shall be made on the Official Well Head Protection Map promptly after the amendment has been approved by the Mayor and Council, together with an entry on as follows: "On (date), by official action of the Mayor and Council, the following change(s) were made in the Official Well Head Protection Area Overlay Zoning District Map: (brief description of the nature of the change)", which entry shall be signed by the Mayor and attested by the Borough Clerk.
(4)
Regardless of the existence of purported copies of the Well Head Protection Area Overlay Zoning District Map which may from time to time be published, the Official Well Head Protection Area Overlay Zoning District Map shall be located in the office of the Borough Clerk and shall be the final authority as to the current delineations of the Well Head Protection Areas located within the Borough.
(5)
Said map shall be considered 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 the additional restrictions set forth in this article.
B.
Assignment of restrictions within Well Head Protection Areas. Properties located wholly or partially within a single Well Head Protection Area shall be governed by the restrictions applicable to that Well Head Protection Area. Properties located in two Well Head Protection Areas shall be governed by the restrictions applicable to the Well Head Protection Area which is closest to the well head.
§ 165-51 Regulation of Well Head Protection Areas for public community wells.
A.
The administrative authority (defined in § 165-49) shall administer the provisions of this article.
B.
Any applicant for a permit requesting a change in land use or activity, other than a land use or activity involving a lot containing an existing one-family residence, which is subject to review under the provisions of the Municipal Land Use Law and pertinent regulations of the Code of the Borough of Chatham, and which is located within a WHPA as delineated in § 165-50, and which involves a potential pollutant source (PPS), as listed in § 165-52, 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 § 165-54, 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 Borough Construction Official, and it 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 listed in § 165-52, shall be prohibited within a Tier 1 WHPA.
E.
Any change in land use or activity which introduces a major PPS, as listed in § 165-52, shall be prohibited within a Tier 2 WHPA.
G.
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 take precedence.
§ 165-52 Potential pollutant sources listed.
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 Regulations at N.J.A.C. 7:10-11.7 through 7:10-12.12.
A.
Major potential pollutant sources (PPS) 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)
Aboveground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.
(6)
Any industrial treatment facility lagoon.
(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 potential pollutant sources (PPS) 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 § 165-52C.)
(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.
(8)
Stormwater retention-recharge basin.
(11)
Waste oil collection, storage and recycling facility.
(12)
Agricultural chemical bulk storage and mixing or loading facility including crop dusting facilities.
(13)
Aboveground 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)
Manholes and/or connections to a sanitary sewer system are prohibited within 100 feet of a regulated well.
§ 165-53 Best management practices performance standards.
Any applicant proposing any change in land use or activity that involves any PPS, as listed in § 165-52, which 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 performance standards:
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.
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)
Gutters, 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 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.
(5)
Catchment basins, lagoons and other containment areas that may contain hazardous substances shall 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 the Borough.
§ 165-54 Operations and contingency plan.
A.
Any applicant proposing any change in land use or activity that involves any PPS, as listed in § 165-52, 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.
§ 165-55 Enforcement.
A prompt investigation shall be made by the appropriate personnel of the Board of Health of the Borough 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, the Borough may take such corrective action and seek fines or other penalties against the violator as are described in §§ 165-172 and 165-173 of this chapter. 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.