18-23
Introduced: September 7, 2023
Public Hearing: September 21, 2023
Status: Adopted
Please note: An Ordinance Amending Division 2, Individual and Semipublic Water Supply Code, of Article II, Water, of Chapter 50, Water and Sewers, of the Revised Ordinances of the Township of Randolph.
- WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
- WHEREAS, the Township of Randolph (“Township”) adopted Division 2, Individual and Semipublic Water Supply Code, of Article II, Water, of Chapter 50, Water and Sewers, of the Revised Ordinances of the Township of Randolph regulating the location, construction and alteration of individual and semipublic water supplies; and
- WHEREAS, due to changes in the law, it is necessary to amend Division 2, Individual and Semipublic Water Supply Code, of Article II, Water, of Chapter 50, Water and Sewers, of the Revised Ordinances of the Township of Randolph; and
- WHEREAS, the Township desires to amend Division 2, Individual and Semipublic Water Supply Code, of Article II, Water, of Chapter 50, Water and Sewers of the Revised Ordinances of the Township of Randolph, to incorporate the required revisions.
- NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
DIVISION 2. – WATER SUPPLY SYSTYEMS, INDIVIDUAL AND SEMIPUBLIC
Sec. 50-51. – Penalty.
Any person who violates any of the provisions of or any order promulgated under this division or the “Safe Drinking Water Act (1977),” N.J.S.A. 58:12A-1 et seq., and the companion regulations, N.J.A.C. 7:10-1 et seq. made a part of this division, shall, upon conviction thereof, be punished in accordance with section 1-7. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Sec. 50-52. – Adoption of state code.
(a) A code regulating the location, construction, alteration, use and supervision of individual and semipublic water supplies, requiring certain permits, providing for the inspection of such supplies and the fixing of fees, and prescribing penalties for violations is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
(b) The said code established and adopted by this division is described and commonly known as the “Safe Drinking Water Act (1977),” N.J.S.A. 58:12A-1 et seq., and the companion regulations, N.J.A.C. 7:10-1 et seq.
(c) The required number of copies of the “Safe Drinking Water Act (1977),” N.J.S.A. 58:12A-1 et seq., and the companion regulations, N.J.A.C. 7:10-1 et seq., have been placed on file in the office of the department of health and the office of the township clerk and shall remain on file there for the use and examination of the public.
Sec. 50-53. – Permit required for construction or alteration of water supply.
(a) No person shall locate, construct or alter any water supply until a permit for the location, construction or alteration of the water supply shall have been issued by the department of health.
(b) The department of health may issue a permit if an application for the permit is accompanied by a certificate made by an engineer licensed to practice 3 professional engineering in the state, stating that the design of the water supply as proposed is in compliance with the requirements of this division.
Sec. 50-54. – Certificate of compliance required for new water supplies.
(a) New water supplies shall not be placed in operation, nor shall new dwellings or buildings or additions thereto which must rely on new water supplies be sold or occupied, until the department of health shall have issued a certificate indicating that the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the code adopted by this division. Issuance of such certificate shall not be required for alteration of an existing water supply.
(b) The well shall be installed, tested by a state certified laboratory and approved by the health authority as part of the permit process.
(c) The builder shall be responsible for the quality of the water produced by the individual water supply system until the issuance of the certificate of occupancy. Prior to signing an application for a certificate of occupancy, the department of health of the township shall have received the appropriate test results from a state certified laboratory indicating the well water supply meets the current potable water standards of the state as set forth in the “Safe Drinking Water Act (1977),” N.J.S.A. 58:12A-1 et seq., and the companion regulations, N.J.A.C. 7:10-1 et seq.
(c) When it becomes necessary to install a water treatment device on any potable water supply system in the township, it shall become the obligation of the owner or builder of said system to install the appropriate water treatment device. Once said device is installed, it must remain on the site and be utilized in conjunction with the water supply system.
(d) The builder shall provide the purchaser at closing of the title with written notification of the extent to which the water system is covered by the new home warranty required by N.J.S.A. 46:3B-1 et seq. Said written notification must include a statement outlining those water system items not covered by said guaranty, including, but not limited to the water system's failure to provide either sufficient quantities of water or any water at all.
(e) The builder shall provide the health department with the list of water treatment devices installed on the water supply (if applicable), and list the reasons for the installation.
(f) The board of health may issue such a certificate if a well driller, duly licensed to drill and install wells in this state in accordance with the provisions of this code, or an engineer, licensed to practice professional engineering in this state, shall submit a statement in writing, in the form of an affidavit or certification, and signed by that person, that the water supply system has been located and 4 constructed in accordance with the terms of the permit issued and the requirements of this code.
Sec. 50-55. – Hearing on denial of permit or certificate.
In case any permit or certification required by this division is denied by the department of health, a hearing shall be held thereon before the health officer within 15 days after request therefor is made by the applicant, and upon such hearing the department of health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
Sec. 50-56. – Stop work orders.
The health officer may order all further work in and about any water supply which is being erected or installed in violation of this division to be stopped forthwith, except such work as shall be necessary to remedy such violation, or may order the work continued without any violation of any of the provisions of this division. After issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such water supply, or any part thereof, no further work shall be done thereon except as provided in the order.
Sec. 50-57. – Fees.
The fees and charges for water usage shall be in accordance with the fee schedule in Appendix A of these Revised Ordinances.
Sec. 50-58. - Abandonment of wells.
(a) All wells that are taken out of service must be decommissioned in accordance with N.J.A.C. 7:9D-3.1 et seq. by a New Jersey licensed well driller within 30 days of the disconnection.
(b) The well is considered to be out of service if a new on-site well or connection of a public water supply system has been installed as a replacement water supply, except as provided in paragraph a above.
(c) The well driller shall submit a completed New Jersey Department of Environmental Protection Well Abandonment Report after sealing the well.
(d) The well sealer shall provide twenty-four-hour notification to the board of health prior to sealing the well.
Sec. 50-59 – 50-80. Reserved.
All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
This Ordinance shall take effect as provided by law.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Lou Nisivoccia, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 18-23
Notice is hereby given that an Ordinance entitled "An Ordinance Amending Division 2, Individual and Semipublic Water Supply Code, of Article II, Water, of Chapter 50, Water and Sewers, of the Revised Ordinances of the Township of Randolph" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on September 7, 2023 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on September 21, 2023 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Division 2, Individual and Semipublic Water Supply Code, of Article II, Water, of Chapter 50, Water and Sewers, of the Revised Ordinances of the Township of Randolph, which regulates the location, construction and alteration of individual and semipublic water supplies, to incorporate revisions required as the result of changes in the law.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey