Pompton Lakes City Zoning Code
ARTICLE X
Wellhead Protection Areas
[Added 3-10-2004 by Ord. No. 04-02]
§ 190-52 Statement of findings.
The governing body of the Borough of Pompton Lakes 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 "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 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.
§ 190-53 Purpose.
The purpose of this article 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community well, known as "Wellhead Protection Areas" (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated.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in this article is to prevent the migration of potential pollutants from areas within a WHPA into groundwater that is withdrawn from a public community well.
§ 190-54 Statutory authority.
The Borough of Pompton Lakes 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 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.
§ 190-55 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AUTHORITY
The Planning Board Engineer, Health Officer and Operations Manager of the Pompton Lakes Borough Municipal Utilities Authority, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
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, and that would be located within a regulated Wellhead Protection Area.
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.
BEST MANAGEMENT PRACTICES (BMP)
These are 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.
CONTAMINATION
The presence of any harmful or deleterious substances in the water supply.
DEVELOPMENT
The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
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.
GROUNDWATER
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.
HAZARDOUS SUBSTANCE
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. 58:10-23.11 et seq., or Section 4 of the State Act. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
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.
MAXIMUM CONTAMINANT LEVEL
Maximum permissible level of a contaminant in water which is delivered to any user of a public community water system.
NJDEP
New Jersey Department of Environmental Protection.
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.
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.
POTENTIAL POLLUTANT SOURCE (PPS)
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 § 190-58.
PPS
Potential pollutant source.
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.
SIC
Standard industrial classification.
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.
TIER 1 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under § 190-56.)
TIER 2 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under § 190-56.)
TIER 3 WELLHEAD PROTECTION AREA
That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under § 190-56.)
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.
WELLHEAD
The well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WHPA)
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.
WHPA
Wellhead protection area.
§ 190-56 Establishment of wellhead protection areas and maps.
A.
Wellhead protection area maps:
(1)
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 Appendix B.[1] The maps of the wellhead protection areas located within the Borough of Pompton Lakes are included as part of this article, and attached hereto as Appendix C,[2] and have the designation of "groundwater maps." They are adopted on the date that the within article is adopted by the Mayor and Council. 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 Pompton Lakes and of the Board of Health of the Borough of Pompton Lakes.
[1]
Editor's Note: Article X, Appendix B, NJDEP Delineations of Wellhead Protection Areas around Public Community Water Supply Wells, is included as an attachment to this chapter.
[2]
Editor's Note: Article X, Appendix C, Wellhead Protection Areas Maps, is included as an attachment to this chapter.
(2)
Wellhead protection areas, as shown on the maps described in Subsection A(1), shall be considered to supersede and control 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 restriction presented herein.
B.
Assignment of restriction 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.
C.
Inclusion of wellhead 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 for local wellhead protection in this municipality should be incorporated into the Master Plan. A technical report on the need for wellhead protection in the Borough of Pompton Lakes 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 wellhead protection for public community wells.
(2)
Reference to the method used to delineate the wellhead 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.
§ 190-57 Regulation of wellhead protection areas for public community wells.
A.
The administrative authority for administering the provisions of this article shall be the Planning Board Engineer, Health Officer and Operations Manager of the Pompton Lakes Borough Municipal Utilities Authority, 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 Pompton Lakes, Article III, § 190-10 of the Borough of Pompton Lakes Zoning and Land Use Code, and which is located within a delineated WHPA, as defined in § 190-56, that involves a potential pollutant source (PPS), as defined in § 190-58, 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 § 190-60, 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 and by the Pompton Lakes Borough Municipal Utilities Authority. Any plan approved by the administrative authority and by the Pompton Lakes Borough Municipal Utilities Authority shall be kept on file in the office of the Borough Clerk of the Borough of Pompton Lakes 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 § 190-58, shall be prohibited within a Tier 1 WHPA.
E.
Any change in land use or activity that introduces a major PPS, as defined in § 190-58, shall be prohibited within a Tier 2 WHPA.
F.
Any change in land use or activity that involves any PPS, as defined in § 190-58, within any WHPA, that is not prohibited pursuant to Subsection D or E, shall comply with the best management practice standards, as defined in § 190-60.
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 supersede. These rules and regulations shall in no way affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.
§ 190-58 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, 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 an 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: Article X, Appendix A 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, off-road vehicle usage areas and maintenance yards.
(15)
Site for storage, maintenance or use of 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 1,000 gallons aggregate total to one site.
(3)
Sewage treatment facility.
(4)
Sanitary sewer system, including sewer line, manhole, or pump station. (See conditions in Subsection C.)
(5)
Industrial waste line. (See conditions in Subsection C.)
(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.
(9)
Dry well. (See conditions in Subsection C.)
(10)
Stormwater line. (See conditions in Subsection C.)
(11)
Waste oil collection, storage and recycling areas.
(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 1,000 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 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 Appendix A may be located no closer than 100 feet to a regulated well.
§ 190-59 Best management practice performance standard.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 190-58, 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)
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 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 laws and regulations of the State of New Jersey and of the Borough of Pompton Lakes.
§ 190-60 Operations and contingency plan.
A.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in § 190-58, 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;
(6)
Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in § 190-59, to protect groundwater quality in the WHPA and minimize the risk of potential groundwater contamination.
B.
The administrative authority shall approve or reject any operations and contingency plan as a prerequisite to the filing of a land use application with the Borough Planning Board or Zoning Board of Adjustment.
C.
Any operations and contingency plan submitted shall be available for public review and comment.
§ 190-61 Enforcement.
A prompt investigation shall be made by the appropriate personnel of the Health Department of the Borough of Pompton Lakes, 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, 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, by the filing and serving of appropriate process. Nothing in this article shall be construed to preclude a municipality's right, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. 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. Each day a violation continues shall be considered a separate offense. Penalties and fines that are applicable can be found in the Borough Zoning Ordinance, or any other section or subsection of the Borough Ordinance. In addition, remedies may be sought under environmental laws embodied in state statutes and the Administrative Code. Civil penalties may be pursued pursuant to N.J.S.A. 2A:35A-1 et seq.
§ 190-62 Effect on preexisting ordinance.
This article is not meant to repeal any provisions of the Zoning and Land Use Code of the Borough of Pompton Lakes, but to add to its requirements, and all ordinances or parts thereof inconsistent with the provisions of this article are repealed to the extent of such inconsistency only.
§ 190-63 Effect on Borough Municipal Utilities Authority.
This article shall not be construed or interpreted to limit, abridge, restrict or otherwise affect the rights and powers of the Pompton Lakes Borough Municipal Utilities Authority, a body corporate and politic organized and existing under N.J.S.A. 40:14B-1 et seq., which Authority is, except as to its right of review as set forth in § 190-57, Subsection C and in § 190-60, Subsection C, is hereby declared to be exempt from the provisions of this article. Accordingly, this article shall not be deemed to apply to present or future activities or facilities of such Authority (including, but not limited to, the existence, construction or location of storage facilities, waterlines, sanitary sewer lines, manholes or wells).
