Keyport City Zoning Code
§ 25-1-15.19
Wellhead protection.
[Added 12-18-2018 by Ord. No. 28-18]
a.
The purpose of this section 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 the Borough of Keyport. The area of land surrounding each public community well, known as a "Wellhead Protection Area (WHPA)," from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated.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 section is to prevent pollutants from potentially entering areas within a WHPA that may migrate into groundwater that is withdrawn from a public community well.
b. ADMINISTRATIVE AUTHORITY APPLICANT AQUIFER BEST MANAGEMENT PRACTICES (BMP) CONTAMINATION DEVELOPMENT DISCHARGE DRY WELL GROUNDWATER HAZARDOUS SUBSTANCE HAZARDOUS SUBSTANCE TRANSMISSION PIPELINE or TRANSMISSION PIPELINE HAZARDOUS WASTE MAXIMUM CONTAMINANT LEVEL NAICS POLLUTED WATER POTENTIAL POLLUTANT SOURCE (PPS) PPS PUBLIC COMMUNITY WELL TIER 1 WELLHEAD PROTECTION AREA TIER 2 WELLHEAD PROTECTION AREA TIER 3 WELLHEAD PROTECTION AREA TIME OF TRAVEL (TOT) WELLHEAD WELLHEAD PROTECTION AREA (WHPA)
Definitions. As used in this section, 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 Borough 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. 58:10-23.11 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.
A pipeline, whether above or below ground, which transports or is designed to transport a hazardous substance. As used herein, a transmission pipeline includes all parts of those physical facilities through which a hazardous substance moves in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, emergency response terminals, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances.
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.
North American Industrial Classification System pursuant to the North American Free Trade Agreement of 1993.
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.
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.
That area of land within a WHPA from which groundwater may enter the well within two years.
That area of land within a WHPA from which groundwater may enter the well within five years.
That area of land within a WHPA from which groundwater may enter the well within 12 years.
The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
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.
c.
Establishment of Wellhead Protection Areas and maps.
1.
Wellhead Protection Area maps.
(a)
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 an Appendix and is adopted as of the effective date of this section.
(b)
A map of the wellhead protection areas located within the Borough of Keyport is included as part of this section. Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the offices of the Clerk of the Borough of Keyport, and of the Health Department and/or Zoning Officer.
2.
Wellhead Protection Areas, as shown on the maps described in Subsection c(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 restrictions presented herein.
d.
Restrictions 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.
1.
Regulation of Wellhead Protection Areas for public community wells.
(a)
The Administrative Authority for administering the provisions of this article shall be the Unified Planning Board, Zoning Officer and the Health Department of the Borough of Keyport 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 the Borough of Keyport and which is located within a delineated WHPA, as defined in herein, that involves a potential pollutant source (PPS), as defined herein, shall comply with the requirements of this section.
(c)
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this section, shall file an operations and contingency plan, as required by Subsection 25-1-15.19, 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 the Borough of Keyport and/or Fire Official 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), shall be prohibited within a Tier 1 WHPA.
(e)
Any change in on-site land use or activity that adds a major PPS, shall be prohibited within a Tier 2 WHPA.
(f)
Any change in land use or activity that involves any PPS, within any WHPA, that is not prohibited pursuant to Subsection 15-1-19d(1)d or e, shall comply with the best management practice standards as defined herein.
e.
Exemptions:
1.
Retail sales establishments that store and handle hazardous materials for resale in their original containers. This exemption shall not preclude the submission of a best management practices and the operations and contingency plan in accordance with this chapter.
2.
Police, fire and emergency medical service facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with this chapter).
3.
Municipal, county and state government facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with this chapter).
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.
A NJDEP approved NJDES discharge to groundwater permit (DGW) for remediation of groundwater cleanup in any Tier WHPA.
f.
This section is supplementary to other laws and ordinances in this municipality. Where this section or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this section 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.
g.
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.
h.
Potential pollutant sources. The following are major and minor potential pollutant sources (PPS) subject to the requirements of this section. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 12.12.
1.
Major PPSs include:
(a)
Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills.
(b)
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials.
(c)
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.
(d)
Aboveground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.
(e)
Any industrial treatment facility lagoon.
(f)
Automotive service center (repair and maintenance).
(g)
Landfill.
(h)
Dry-cleaning facility (except retail distribution only of dropoff and pickup of dry-cleaning only).
(i)
Road salt storage facility.
(j)
Cemetery or funeral homes or such facilities with embalming facilities.
(k)
Truck or bus maintenance yard.
(l)
Site for storage and maintenance of heavy construction equipment and materials.
(m)
Site for storage and maintenance of equipment and materials for landscaping.
(n)
Asphalt and/or concrete manufacturing facility.
(o)
Junkyard/auto recycling and scrap metal facility.
(p)
Farm or residential underground storage of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.
(q)
Underground heating oil storage tank for on-site consumption with a capacity greater than 2,000 gallons.
(r)
Transmission pipelines, including hazardous substance transmission pipelines, as defined in this chapter.
2.
Minor PPSs include:
(a)
Any use or activity requiring the underground storage of hazardous substance or waste of 50 gallons or less.
(b)
Underground heating oil storage tank for on-site consumption with a capacity of 2,000 gallons or less.
(c)
Sewage treatment facility.
(d)
Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in Subsection 25-1-15.19h2(i).)
(e)
Industrial waste line. [See conditions in Subsection 25-1-15.19h2(i).]
(f)
Septic leaching field.
(g)
Facility requiring a groundwater discharge permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq.
(h)
Stormwater line within 100 feet of a regulated well. [See conditions in Subsection 25-1-15.19h2(i).]
(i)
Waste oil collection, storage and recycling facility.
(j)
Agricultural chemical bulk storage and mixing or loading facility, including crop dusting facilities.
(k)
Aboveground storage of hazardous substance or waste in quantities of 2,000 gallons or less. [See conditions in Subsection 25-1-15.19h2(i).]
(l)
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.
i.
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 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 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 Subsection j herein and shall be located no closer than 100 feet to a regulated well. 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 residential 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 Subsection 25-1-15.19j herein and shall be located no closer than 100 feet to a regulated well.
j.
Best management practice performance standards. Any applicant proposing any change in land use or activity that involves any PPS, as defined herein, 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 the Borough of Keyport is also obligated to ensure that its provisions are not carried out in a manner which is not inconsistent with N.J.A.C. 7:14B.
1.
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.
2.
Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.
3.
Secondary containment structures.
(a)
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.
(b)
All secondary containment and diversionary structures for underground storage tanks shall be consistent with N.J.A.C. 7:14B.
(c)
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.
6.
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 of Keyport.
k.
Operations and contingency plan.
1.
Any applicant proposing any change in land use or activity that involves any PPS, as defined herein 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:
(a)
Types of PPS proposed for the site;
(b)
Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;
(c)
Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;
(d)
Means to be used to contain or remediate accidental spillage of such materials;
(e)
Means to notify the administrative authority about any accidental spillage of such materials;
(f)
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in this chapter, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination.
2.
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.
3.
Any operations and contingency plan submitted shall be available for public review and comment.