Millburn City Zoning Code
ARTICLE 9
Well Head Protection
§ DRZ-901 Statement of findings.
The Township Committee finds that:
a.
The ground water underlying the Township is a major source of existing and future water supplies, including drinking water. The ground water underlying the Township lies within the Buried Valley Aquifer Systems of the Central Passaic River Basin, designated as a "sole source" aquifer under Section 1424(e) of the Federal Safe Drinking Water Act of 1974.
b.
The ground water 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 ground water 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 Township, 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.
§ DRZ-902 Purpose.
The purpose of this Article 9 is to protect the public health, safety and welfare through the protection of the ground water resources underlying the Township to ensure a supply of safe and healthful drinking water for present and future generations of local residents, employees and the general public in the Township, as well as users of these water supplies outside the Township. 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community well, known as Well Head Protection Areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated.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 ground water contamination can be reduced. The purpose of the regulations contained in this Article 9 is to prevent the migration of potential pollutants from areas within a WHPA into ground water that is withdrawn from a public community well.
§ DRZ-903 Definitions.
903.1.
ADMINISTRATIVE AUTHORITY — The Planning Board or Board of Adjustment and the Board of Health, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
903.2.
APPLICANT — Person applying to the Board of Health, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this Article 9, and that would be located within a regulated Well Head Protection Area.
903.3.
AQUIFER — 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.
903.4.
BEST MANAGEMENT PRACTICES (BMP) — These are performance or design standards established to minimize the risk of contaminating ground water or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
903.5.
CONTAMINATION — The presence of any harmful or deleterious substances in the water supply.
903.6.
DEVELOPMENT — The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
903.7.
DISCHARGE — 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.
903.8.
GROUND WATER — 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.
903.9.
HAZARDOUS SUBSTANCE — Any substance designated under 42 U.S.C. § 9601 et seq. (CERCLA) or 40 CFR 116 et seq., or the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
903.10.
HAZARDOUS WASTE — 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 et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
903.11.
MAXIMUM CONTAMINANT LEVEL — Maximum permissible level of a contaminant in water which is delivered to any user of a Public Community Water System.
903.12.
NJDEP — New Jersey Department of Environmental Protection.
903.13.
PERSON — Any individual, public or private corporation, 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.
903.14.
POLLUTED WATER — 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.
903.15.
POTENTIAL POLLUTANT SOURCE (PPS) — Activity or land use which may be a source of a pollutant that has the potential to move into ground water withdrawn from a well. For the purposes of this ordinance Potential Pollutant Sources are defined in Section 906.
903.16.
PPS — Potential Pollutant Source.
903.17.
PUBLIC COMMUNITY WELL — A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least twenty-five-year-round residents.
903.18.
SIC — Standard Industrial Classification.
903.19.
SOLE SOURCE AQUIFER — 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.
903.20.
TIME OF TRAVEL (TOT) — The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
903.21.
TIER 1 WELL HEAD PROTECTION AREA — That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Section 904).
903.22.
TIER 2 WELL HEAD PROTECTION AREA — That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Section 904)
903.23.
TIER 3 WELL HEAD PROTECTION AREA — That area of land within a WHPA from which ground water may enter the well within 12 years. (See maps referenced under Section 904).
903.24.
WELL HEAD — The well borehole and appurtenant equipment.
903.25.
WELL HEAD PROTECTION AREA (WHPA) — An area described in plan view around a well, from which ground water flows to the well and ground water pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
903.26.
WHPA — Well Head Protection Area.
§ DRZ-904 Establishment of Well Head Protection Areas and maps.
a.
Well Head Protection Area Maps.
1.
The delineations of Well Head 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 9. They are designated as follows: New Jersey Well Head Protection Areas, Edition 2, Geospatial Data Presentation, New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description of these data and the terms and conditions of the use of these data may be found at http://www.state.nj.us/dep/njgs/whpaguide.pdf and http://www.state.nj.us/dep/njgs/geodata/dgs97-1.htm. A map of the Well Head Protection Areas located within the Township of Millburn is included as part of this Article 9 by reference. Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the offices of the Township Clerk and of the Board of Health of the Township of Millburn.
2.
Well Head Protection Areas, as shown on the maps described in Section 904, shall be considered to be 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 additional restriction set forth in this Article 9.
b.
Assignment of Restriction within Well Head Protection Areas Properties located wholly or partially within a Well Head Protection Area shall be governed by the restrictions applicable to the Well Head Protection Area.
§ DRZ-905 Regulation of well head protection areas for public community wells.
a.
The Administrative Authority for administering the provisions of this Article 9 shall be the Planning Board, Board of Adjustment or the Board of Health of the Township of Millburn.
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 Township of Millburn, and which is located within a delineated WHPA, as defined in Section 904, that involves a Potential Pollutant Source (PPS), as defined in Section 906, shall comply with the requirements of this Article 9.
c.
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this Article 9, shall file an Operations and Contingency Plan, as required by Section 908, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this Article 9, 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 Township Clerk, and 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 defined in Section 906, shall be prohibited within a Tier 1 WHPA.
e.
Any change in land use or activity that introduces a Major PPS, as defined in Section 906, shall be prohibited within a Tier 2 WHPA.
f.
Any change in land use or activity that involves any PPS, as defined in Section 906, within any WHPA, that is not prohibited pursuant to Sections 905d or 905e, shall comply with the Best Management Practice Standards, as defined in Section 907.
g.
This Article 9 is supplementary to other laws and ordinances in the Township. Where this Article 9 or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this Article 9 shall supersede. These Rules and Regulations shall in no way affect the limitations or requirements applicable in the underlying zoning districts of the Township of Millburn.
§ DRZ-906 Potential Pollutant Sources listed.
The following are Major and Minor Potential Pollutant Sources (PPS) subject to the requirements of this Article 9. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 12.12.
a.
Major PPSs 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.
Above-ground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.
6.
Any industrial treatment facility lagoon.
7.
Any facility with a SIC Code number included under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table II(N), with a toxicity number of II or greater.
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 PPSs 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 Section 906c.)
5.
Industrial waste line. (See conditions in Section 906c.)
6.
Septic leaching field.
7.
Facility requiring a ground water discharge permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq.
8.
Stormwater retention-recharge basin.
9.
Dry well. (See conditions in Section 906c.)
10.
Storm water line. (See conditions in Section 906c.)
11.
Waste oil collection, storage and recycling facility.
12.
Agricultural chemical bulk storage and mixing or loading facility including crop dusting facilities.
13.
Above-ground 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.
Manhole and/or connections to a sanitary sewer system are prohibited within 100 feet of a regulated well.
3.
Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties with SIC codes not listed in N.J.A.C. 7:10A-1.14, Table II(N), may be located no closer than 100 feet to a regulated well.
§ DRZ-907 Best Management Practice performance standard.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in Section 906, 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:
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 ground water 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.
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.
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 ground water 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 ground water, 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 pre-treatment facility, or other NJDEP approved facility.
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.
e.
Stormwater shall be managed so as to prevent contamination of ground water, and so as to be in accordance with applicable laws and regulations of the State of New Jersey, and of the Township of Millburn.
§ DRZ-908 Operations and Contingency Plan.
a.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in Section 906, 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 ground water;
4.
Means to be used to contain or remediate accidental spillage of such materials;
5.
Means to notify administrative authority about any accidental spillage of such materials;
6.
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in Section 907, to protect ground water quality in the WHPA and minimize the risk of potential ground water contamination.
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.
§ DRZ-909 Enforcement.
A prompt investigation shall be made by the appropriate personnel of the Township of Millburn of any person or entity believed to be in violation of this Article 9. If, upon inspection, a condition which is in violation of this Article 9 is discovered, a civil action may be commenced in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this Article 9 shall be construed to preclude the Township's right, pursuant to any applicable statute, to initiate legal proceedings under this Article 9 in Municipal Court. The violation of any section or subsection of this Article 9 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 9. Each day a violation continues shall be considered a separate offense.