North Plainfield City Zoning Code
ARTICLE XII
WELL HEAD PROTECTION
§ 22-137.1 Statement of Findings.
[Ord. #06-17, S I]
The Governing Body of the Borough of North Plainfield finds that:
a.
The groundwater underlying this municipality is a major source of existing and future water supplies, including drinking water. The groundwater underlying this municipality lies within the Buried Valley Aquifer Systems of the Central Passaic River Basin, which are designated as a "solesource" 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 this municipality, 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.
§ 22-137.2 Purpose.
[Ord. #06-17, S II]
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 this municipality. 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community well, known as Well Head Protection Areas (WHPAs), from which contaminants may move through the ground to be withdrawn in the water taken from the well, have been delineated.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in this section is to prevent the migration of potential pollutants from areas within a WHPA into groundwater that is withdrawn from a public community well.
§ 22-137.3 Statutory Authority.
[Ord. #06-17, S III]
The municipality of the Borough of North Plainfield 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 this municipality has autonomous power granted by the State Legislature to develop this section 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.
§ 22-137.4 Definitions.
[Ord. #06-17, S IV]
Shall mean 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.
Shall mean 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 section, and that would be located within a regulated Well Head Protection Area.
Shall mean 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.
Shall mean 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.
Shall mean the presence of any harmful or deleterious substances in the water supply.
Shall mean the carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
Shall mean 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.
Shall mean 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.
Shall mean any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Act, the Spill Compensation and Control Act, N.J.S.A. 58:10-23,II et seq., or Section 4 of the State Act. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
Shall mean 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.S.A. 7:26-8, or 40 CFR Part 261.
Shall mean maximum permissible level of a contaminant in water which is delivered to any user of a public community water system.
Shall mean any New Jersey Department of Environmental Protection.
Shall mean 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.
Shall mean, 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.
Shall mean 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 section Potential Pollutant Sources are defined in Subsection 22-137.7.
Shall mean Potential Pollutant Source.
Shall mean 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.
Shall mean Standard Industrial Classification.
Shall mean 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.
Shall mean that area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under Subsection 22-137.5)
Shall mean that area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under Subsection 22-137.5)
Shall mean that area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under Subsection 22-137.5)
Shall mean the average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
Shall mean the well borehole and appurtenant equipment.
Shall mean 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.
Shall mean Well Head Protection Area.
§ 22-137.5 Establishment of Well Head Protection Areas and Maps.
[Ord. #06-17, S V]
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 section. 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, which has been excerpted from these materials, is appended as Appendix B. A map of the Well Head Protection Areas located within the Borough of North Plainfield is included as part of this section, and is appended as Figure 1, and is adopted as of August 14, 2006. Maps of the municipality on which these delineations have been overlain shall be on file and maintained by the officers of the Clerk of the Borough of North Plainfield, and of the Board of Health of the Borough of North Plainfield.[1]
[1]
Editor's Note: Appendix B, referred to herein, is included as an attachment to this chapter.
2.
Well Head Protection Areas, as shown on the maps described in Section 22-137.5a1, 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 the additional restriction presented herein.
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.
c.
Inclusion of Well Head Protection Area Zoning into Master Plan: The municipal Master Plan provides the legal basis for zoning and land use regulation at the local level. The technical foundation or local well head protection in this municipality should be incorporated into the Master Plan. A technical report on the need for well head protection in the Borough of North Plainfield may be adopted as part of the Master Plan (N.J.S.A. 40:55D-28b(11)). The technical report should include the following information:
1.
A statement setting forth the rationale and need to protect the public water supply through a program of well head protection for public community wells.
2.
Reference to the method used to delineate the Well Head Protection Areas (WHPAs) according to the "tiered" level of protection for public community wells based upon the time of travel (TOT) of groundwater, as developed by the New Jersey Geological Survey.
§ 22-137.6 Regulation of Well Head Protection Areas for Public Community Wells.
[Ord. #06-17, S VI]
a.
The Administrative Authority for administering the provisions of this section shall be the Planning Board or Board of Adjustment and the Board of Health of the Borough of North Plainfield 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 North Plainfield, and which is located within a delineated WHPA, as defined in Subsection 22-137.5, that involves a Potential Pollutant Source (PPS), as defined in Subsection 22-137.7, 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 22-137.9, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this section, 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 offices of the Borough of North Plainfield, 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 Subsection 22-137.7 shall be prohibited within a Tier 1 WHPA.
e.
Any change in land use or activity that introduces a Major PPS, as defined in Subsection 22-137.7, shall be prohibited within a Tier 2 WHPA.
g.
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 effect the limitations or requirements applicable in the underlying municipal land use and zoning districts.
§ 22-137.7 Potential Pollutant Sources Listed.
[Ord. #06-17, S VII]
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.
a.
Major PPSs. 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.
Aboveground 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. (See Appendix A).[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
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. 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 Subsection 22-137.7c.)
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 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, cast iron, PVC or other suitable material).
2.
Manhole and/or connections to a sanitary sewer system are prohibited within 10 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 Appendix A may be located no closer than 100 feet to a regulated well.[2]
[2]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter
§ 22-137.8 Best Management Practice Performance Standard.
[Ord. #06-17, S VIII]
Any applicant proposing any change in land use or activity that involves any PPS, as defined in Subsection 22-137.7, 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 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.
Gutter, culverts and other drainage systems.
4.
Wiers, 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 pre-treatment facility, of 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 groundwater, and so as to be in accordance with applicable law and regulations of the State of New Jersey, and of the Borough of North Plainfield.
§ 22-137.9 Operations and Contingency Plan.
[Ord. #06-17, S IX]
a.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in Subsection 22-137.7, 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 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 land use change or activity.
c.
Any Operations and Contingency Plan submitted shall be available for public review and comment.
§ 22-137.10 Enforcement.
[Ord. #06-17, S X]
A prompt investigation shall be made by the appropriate personnel of the Health Department of North Plainfield, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action 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, may be commenced by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude a municipality's right, pursuant to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section 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 section. Each day a violation continues shall be considered a separate offense.