Madison City Zoning Code
§ 195-30.7
Wellhead protection area WHPA district development standards.
[Added 11-8-2010 by Ord. No. 56-2010]
A.
In the event that new public water supply wells are installed in locations outside the boundaries of the WHPA, a new wellhead protection area must be established for each new well. Subsequently, all of the regulations detailed in this section e applied to the new wellhead protection area.
B.
All major development, as defined in § 195-37, within the WHPA must demonstrate conformance with the Borough's enhanced stormwater management requirements pertaining to groundwater recharge and runoff water quality, as described in § 195-37.3F and G of the Borough Code, in order to eliminate the potential for degrading or contaminating the surface water and groundwater within the WHPA.
C.
A detailed hydrogeologic investigation shall be required for any new major development or redevelopment within the WHPA. The hydrogeological investigation should include site-specific discussions, including:
D.
The following high risk uses that are potential major sources of groundwater contamination are prohibited in both of the designated areas of the WHPA:
(1)
Building materials and contractor's yards.
(2)
Cemeteries.
(3)
Commercial fuel oil distributor.
(4)
Commercial livestock operations.
(5)
Dumps and open burning sites/pits.
(6)
Junk or salvage yards.
(7)
Land application of wastewater and/or sludge.
(8)
Machine shops.
(9)
Metal plating establishments.
(10)
Motor vehicle sales (new and used).
(11)
Motor vehicle service stations.
(12)
Bulk storage operations involving liquids, hazardous substances or wastes, or petroleum products (excluding residential/commercial heating oil storage) in excess of de minimis quantities as defined by N.J.S.A. 13:1D-1 et seq., 13:1K-6, 58:10B-1 et seq., and 58:10-23.11a et seq. (or most current), Industrial Site Recovery Act.
(13)
Recycling center.
(14)
Sanitary landfill or solid waste transfer facility.
(15)
Non-single-family sewage treatment/disposal pond.
(16)
Radioactive materials operations or disposal.
(17)
Quarries and mining operations.
(18)
Unenclosed road salt stockpiles.
(19)
(Reserved)
E.
Any high-risk use located within the WHPA in existence prior to the date of enactment of this section shall be exempted from compliance with the requirements of this section.
F.
Any material change or expansion of an existing high-risk use or property that would, in the opinion of the Borough Engineer or other applicable Borough official, result in a site plan or subdivision application to the Planning or Zoning Board, or otherwise meet the definition of a "major development," would require full compliance with the contents of this section.
G.
The owner/operator of any new commercial and industrial uses within the WHPA shall submit his/her spill prevention control and countermeasure (SPCC) plans and any other written emergency procedures to the Borough, upon request.
H.
The owner/operator of any new commercial and industrial uses within the WHPA shall submit to the Board of Health and Borough Engineer the following information and reports:
(1)
Copies of all federal, state and county operational applications, approvals and permits; and reports and monitoring results that are related to environmental, pollution control, hazardous substance, hazardous waste and drinking water rules and regulations at the time of submittal to the federal, state and county authorities.
(2)
Copies of all notices, reports and documents that are filed with federal, state and county authorities, in the event of any release of a hazardous substance or contamination, at the time of filing.
(3)
Copies of all notices, orders, rules, decisions, recommendations, enforcement actions or similar documentation at the time of receipt by or on behalf of the owner/operator from any federal, state of county authorities in connection with enforcement of environmental, pollution control, hazardous substance, hazardous waste and drinking water rules and regulations.
I.
All garbage dumpsters for residential, commercial or industrial land uses within the wellhead protection area shall be operated in an environmentally safe manner, including but not limited to the use of watertight lids; covered, regularly emptied dumpsters, no outdoor storage of solid waste, etc.
J.
All new dumpster locations or relocations should be located as distant from stormwater collection facilities as practicable. In no case shall dumpster enclosures be located immediately upstream of any inlet, catch basin or vegetated swale.