Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Board of Health of the Township of Montville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Fee schedule — See Ch. 169.

Sewers — See Ch. 300.

Stormwater control — See Ch. 323.

Water — See Ch. 394.

Wells — See Ch. 399.

Water supply — See Ch. 442.

ARTICLE I
Individual Sewage Disposal Systems (§ 430-1 — § 430-17) 

ARTICLE II
Public Sewer System Connections (§ 430-18 — § 430-23) 

[Adopted by BOH Ord. No. 1999-1 as Ch. 17.20 of the 1998 Code]

§ 430-1
Review of subdivision proposals with respect to types of treatment required. 

§ 430-2
Certification and installation permit required. 

§ 430-3
Application for certification; issuance. 

§ 430-4
Issuance of permit. 

§ 430-5
Construction under permit. 

§ 430-6
Suspension of work. 

§ 430-7
Change of plan. 

§ 430-8
Inspections and final approval. 

§ 430-9
Repair permit; fee. 

§ 430-10
Alteration permit; fee. 

§ 430-11
Certificate of compliance required prior to operation. 

§ 430-12
Licensing and operation regulations for businesses cleaning septic tanks other receptacles. 

§ 430-13
Denial of certification or permit; hearing. 

§ 430-14
Stop-work order. 

§ 430-15
License required to construct or repair sewage disposal systems. 

§ 430-15.1
License to operate. 

§ 430-16
Fees and charges. 

§ 430-17
Violations and penalties. 

§ 430-1 Review of subdivision proposals with respect to types of treatment required.

[Amended by Ord. No. 2000-9]
A. 

Any subdivision(s) containing more than 10 realty improvements but less than 50 and within 1/4 square mile of a central point and to be built within a ten-year span of each other is (are) to be reviewed by the Board of Health for a determination as to the type of treatment facility required for the individual lots in the subdivision or subdivisions. The Board of Health shall not be limited in its determination but may, after consideration of all factors involved as to subsoil conditions, availability of sewerage facilities and the like, require each subdivision to erect a disposal system, to last a minimum of 50 years, or connection to the Township of Montville's exiting system, if the same meets with the approval of the Township of Montville and the proper agencies of the State of New Jersey.

B. 

Any subdivision(s) added after the ten-year span, containing more than one individual lot within the 1/2 square mile of the physical central point of the previous central point, must be approved by the Board of Health and the Township of Montville, with explicit consideration to the previously built subdivisions.

§ 430-2 Certification and installation permit required.

No one shall construct or reconstruct or repair any individual sewage disposal system or a part thereof without having first obtained from the Board of Health or its authorized agent for each such system both the certificate required by the Standards for the Construction of Individual Subsurface Sewage Disposal Systems, hereinafter called "Standards," as promulgated by the New Jersey State Department of Environmental Protection as Chapter 9A

Editor's Note: See N.J.A.C. 7:9A-1.1 et seq.
as more particularly set forth in 21 N.J.R. 2597 through 2671, and as the same may be modified, amended and/or supplemented from time to time, and an appropriate permit. For the purposes of this article, the definitions contained in said Standards shall apply unless otherwise stated herein, and the word "code" shall be deemed to refer to said Standards.

§ 430-3 Application for certification; issuance.

A. 

To procure the certificate, the owner of the land upon which it is proposed to install the system shall submit to the Board or its authorized agent, in the form and number of copies prescribed by the Board or its authorized agent, an application for a certificate, which shall be signed by the owner or his agent, duly authorized by the owner in writing, a copy of which shall be attached to the application, which application shall be accompanied by the initial application fee hereinafter prescribed and shall include or be accompanied by all information and data required by the standards and the application form as currently exists and as may be modified, amended and/or supplemented from time to time.

B. 

If the Board or its authorized agent shall find the application for a certificate to be in compliance with Subsection A above and that the proposed system is in compliance with the Standards and this article and likely, when constructed and put to use, to operate efficiently and without creating any nuisance, the Board or its authorized agent shall issue to the applicant an appropriate certificate.

§ 430-4 Issuance of permit.

A. 

No installation permit shall be issued to anyone not an installer holding a license as such under this article.

B. 

At such time after the issuance of the certification as the grading of the entire site shall meet the standards of Sections 7:9-2.12 and 7:9-2.20 of the code

Editor's Note: See now N.J.A.C. 7:9A-1.1 et seq.
and the realty improvement shall have been substantially completed, the owner or his agent thereunto duly authorized in writing attached to his application may apply for a permit to be issued to the installer, who shall be the holder of a license under this article, whose name and post office address shall be furnished.

§ 430-5 Construction under permit.

A. 

The installation shall be made strictly in compliance with said code and this article and the plans and specifications contained in the application for certification, with the modifications, if any, made therein prior to and as a condition of the issuance of the permit.

B. 

Placement of filter material. Filter material shall not be placed in disposal beds or trenches until the Board or its authorized agent has examined the bottom of the excavation made and has approved it. The backfilling of seepage pits required by Section 7:9-2.90 of said code,

Editor's Note: See now N.J.A.C. 7:9A-1.1 et seq.
as amended by this article, shall not be done until the Board or its authorized agent has inspected the seepage pit walls and has authorized the backfilling.

C. 

Septic system construction in accordance with said permit must begin within one year of the date of issuance of the permit or else said permit shall be automatically rendered null and void.

[Added 10-13-2010 by Ord. No. BOH-2010-02]

D. 

Septic system construction must be completed and a certificate of compliance and affiliate license to operate must be issued within one year from the date that septic system construction work has started in accordance with said permit. Such start date shall be determined by the date of the first inspection performed by or for the Board of Health. Failure to complete the installation of a septic system in accordance with these time frames shall constitute a violation of this article.

[Added 10-13-2010 by Ord. No. BOH-2010-02]

§ 430-6 Suspension of work.

[Amended by Ord. No. 2000-9]

If, prior to or in the course of the installation made under the permit, subsurface or other conditions appear to the installer or to the Board or its authorized agent which are at variance with the data on the basis of which the system was designed and the certification issued, or which appear likely to affect the efficiency of the system, as designed, when completed, and may require that the design of the system be revised or altered in order that the system may be more likely to operate efficiently when completed, it shall be the responsibility of the installer and of the Board or its authorized agent to suspend the permit and further work under it, to call the conditions observed to the attention of the owner or his engineer and of the Board and not to commence or resume work under the permit until it shall have been determined by the Board that the conditions observed do not require that the plans and specifications be revised to produce a system which will work efficiently or until the plans and specifications have been revised to take into account the conditions observed.

§ 430-7 Change of plan.

If for any reason it shall be deemed by the owner, the installer, the Board or its authorized agent necessary or advisable to deviate from the design of the system as approved or any portion of it, an amended or revised application for certification and permit shall be submitted to the authorized agent of the Board, who shall process it as required for an original application; and if a permit shall be issued, the installer shall proceed under it in compliance with said code, this article and the plans and specifications contained in the revised application, with the modifications, if any, made therein prior to and as a condition of the reissuance of the permit.

§ 430-8 Inspections and final approval.

A. 

Backfilling and use. No person shall cover over or use or permit the covering over or use of any newly constructed, altered or reconstructed sewage disposal system until a written certificate of approval after final inspection has been issued.

B. 

Inspections.

(1) 

When excavations for disposal field and/or seepage pits have been completed, the owner or installer shall notify the authorized agent of the Board, who will inspect the excavations. After written or oral approval of excavations, filter material and piping shall be installed.

(2) 

Prior to placing filter material on top of the disposal field, the owner or installer shall notify the authorized agent of the Board, who will inspect the installation. After written or oral approval of the installation, filter material may be placed.

(3) 

Prior to backfilling of seepage pits and/or fields, the owner or installer shall notify the authorized agent of the Board, who will inspect the installation. After written or oral approval, backfill may be placed.

(4) 

When backfilling, final grading and landscaping of the sewage disposal system area have been completed, the owner or installer shall notify the authorized agent of the Board, who will inspect the installation.

C. 

Certificate of final approval. If upon inspection and receipt of an as-built drawing, it shall appear that the system has been installed in a good, workmanlike and substantial manner in full compliance with the code, this article and the plans and specifications contained in the original or revised application for certification, the authorized agent of the Board shall issue to the Construction Official of the Township a certificate of final approval.

§ 430-9 Repair permit; fee.

A. 

No person, firm or corporation shall repair any individual sewage disposal system without first applying for and procuring a repair permit from the authorized agent of the Board.

B. 

The word "repair" as used herein shall not be deemed to include any major alterations, extension or reconstruction of a system but only such correction or replacing of one or more but less than all of the parts of a system which will restore its function without enlarging, extending or changing the location of any of its component parts exclusive of septic tanks.

C. 

The application for the repair permit shall briefly describe the repair work to be performed and shall be accompanied by a fee designated in § 430-16.

§ 430-10 Alteration permit; fee.

A. 

No person, firm or corporation shall alter any individual sewage disposal system without first applying for and procuring an alteration permit from the authorized agent of the Board.

B. 

The word "alter" as used herein shall be deemed to include the enlarging, reducing, extending or changing of the location of any of a system's component parts.

C. 

The application for the alteration permit shall be on a form provided by the Board, shall describe the work to be done and shall be accompanied by the fee designated in § 430-16.

§ 430-11 Certificate of compliance required prior to operation.

New individual disposal systems shall not be placed in operation nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a system for sewage disposal until the Board of Health shall have issued a certificate indicating that the disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alteration to an existing individual sewage disposal system.

§ 430-12 Licensing and operation regulations for businesses cleaning septic tanks other receptacles.

A. 

Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement or other putrescible, hazardous or industrial matter, who do not hold a license to engage in such business issued by the Board of Health. Such licenses shall expire on December 31 of the year of issuance. Said license may be revoked for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Board of Health.

B. 

The contents of any septic tank, cesspool, privy or other receptacle containing human excrement or other putrescible, hazardous or industrial matter shall not be removed until a permit for such removal has been obtained from the Board of Health.

C. 

The following regulations shall govern the business here referred to:

(1) 

Permits. Permits shall be purchased from the Board of Health, in book form, containing the number of individual permit forms prescribed by the Board. A permit form shall be completed by the person or corporation engaged in the business of cleaning or emptying receptacles used for the reception and storage of human excrement or other putrescible, hazardous or industrial matter for each location that said vessels are emptied or cleaned on any given day. The duplicate shall be given to the party for whom the vessels were cleaned or emptied; the triplicate shall be retained by the person or corporation which performed the service; and the original shall be forwarded to the Montville Health Department within one week of performing the service.

(2) 

Notification of proposed work. Prior to cleaning or emptying any vessel as stated above, the person or corporation engaged in the business of cleaning or emptying these vessels shall notify the Montville Health Department prior to performing such service. Should this notification be by means of the designated recorded telephone line, the following information shall be provided: date and time of call, name of person or corporation to perform the work, name and address of the job location, expected date and approximate time of service.

(3) 

General. Only equipment inspected and approved by the Board of Health shall be used in cleaning septic tanks or other places used for the reception or storage of human excrement or other putrescible, hazardous or industrial matter.

(4) 

Mobile tanks. Mobile tanks shall be securely mounted on trucks, shall be watertight and provided with a leakproof cover.

(5) 

Venting of mobile tanks. Mobile tanks shall be provided with a vent constructed in a manner that will permit the escape of gas but not the liquid contained therein.

(6) 

Pumps. Pumps shall be maintained in a condition that will prevent leakage.

(7) 

Hose. Only suction or pressure hose in good repair shall be used.

(8) 

Disposal. The contents of septic tanks, cesspools, privies or other places used for the reception or storage of human excrement or other putrescible, hazardous or industrial matter shall be removed to a place and disposed of in a manner approved by the Board of Health.

§ 430-13 Denial of certification or permit; hearing.

In case any permit or certification required by this article is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after request therefor is made by the applicant, and upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.

§ 430-14 Stop-work order.

The Board of Health may order all further work in and about any individual sewage disposal system which is being erected or installed in violation of the code to be stopped forthwith, except such work as shall be necessary to remedy such violation, and, thereafter, the work continued without any violation of any of the provisions of the code, and 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 disposal system or any part thereof, no further work shall be done therein except as aforesaid.

§ 430-15 License required to construct or repair sewage disposal systems.

A. 

No person, firm or corporation shall engage in the business of constructing, altering, repairing, reconstructing or excavating in any way any individual sewage disposal system in the Township of Montville without first obtaining a license therefor from the authorized agent of the Board of Health of the Township of Montville. The license fee for engaging in the business of constructing, altering, repairing or excavating in any way any individual sewage disposal system shall be as designated in § 430-16. Said license shall expire on December 31 of the year of issuance.

B. 

Before the authorized agent of the Board of Health shall issue any such license as provided hereinabove, applicants shall give satisfactory evidence to a Board of Examiners, appointed by the Board of Health as hereinafter provided, by written or oral examination, or both, that the applicant is capable, proficient and qualified to engage in such business and will not, in the conduct of such business, endanger the health and safety of the community. The applicant shall be examined on the matters contained in the code, together with all amendments made thereto and all portions of this article.

C. 

Said license shall be valid only for the term for which issued and may be renewed upon proper application and payment of the designated fee.

D. 

No license issued hereunder shall be transferred for any reason whatsoever. The Board of Health, after a hearing granted to a holder of a license, upon five days' notice served at said licensee's business or residence address as it appears on the records of the Board, may suspend, revoke or cancel said license for any violation of any of the provisions of this article or any other ordinance, rule, regulation or order of the Board of Health relating to individual sewage disposal systems. The Board may also revoke any license issued through error or obtained by fraud.

§ 430-15.1 License to operate.

[Added 10-13-2010 by Ord. No. BOH-2010-02]

All newly constructed, altered or repaired individual sewage disposal systems and all existing individual sewage disposal systems for which a license to operate was issued pursuant to the standards for individual subsurface sewage disposal, as promulgated by the New Jersey Department of Environmental Protection, shall require a license to operate from the Board of Health. All such licenses to operate shall be issued concurrently with the certificate of compliance or at such time as the on-site system has been placed into service. The fee for this license shall be in accordance with the schedule established in § 430-16. Each license to operate shall expire on September 30 of the third calendar year after its issuance. The license shall be transferable upon change of ownership of the property which is served by the system for which the license was issued. A license shall not be renewed unless the licensee has submitted the required fee established in § 430-16 and the following information to the Board of Health:

A. 

Evidence of the pumping of each septic tank which has been performed by a sewage waste hauler registered with the Township and the New Jersey Department of Environmental Protection in accordance with the requirements of N.J.A.C. 7:26-3.1 et seq.; or

B. 

A septic system inspection report prepared by a licensed health officer, a licensed professional engineer or a registered environmental health specialist indicating that the system has been maintained, is not malfunctioning and is not in need of pumping. In such case, a reinspection report shall be required every year thereafter, on or before September 30, unless the septic tanks are pumped in the interim in which case the license to operate shall be valid until September 30 of the third calendar year after the pumping was completed.

§ 430-16 Fees and charges.

[Amended 5-10-2010 by Ord. No. BOH-2010-01]

Fees and charges shall be as set forth in Chapter 169, Fee Schedule, for the following:

A. 

Septic system design review, payable upon the filing of an application for certification of a proposed individual subsurface sewage disposal system design.

B. 

Permit to construct, payable upon application for issuance of a permit to locate or construct an individual subsurface sewage disposal system for a new realty improvement.

C. 

Permit to alter, payable upon application to alter an existing individual subsurface sewage disposal system.

D. 

Repair permit, payable upon application to repair an existing individual subsurface sewage disposal system.

E. 

For each reinspection of an individual subsurface sewage disposal system or part thereof caused by the failure of the permittee to locate and construct, repair or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid code, payable before the reinspection shall be made.

F. 

For the issuance or renewal of a license to a person or corporation engaged in the business of cleaning or emptying receptacles for the reception and storage of human excrement or other putrescible, hazardous or industrial matter, payable upon application for the license or renewal thereof.

G. 

For the issuance of a permit to clean or empty receptacles used for the reception or storage of human excrement or other putrescible, hazardous or industrial matter at any one location on a given date.

H. 

Witnessing or receiving resultant data, where applicable, of soil permeability tests for each lot or proposed lot involved with the construction of new or future realty improvements and for each lot involved in the repair or alteration of an existing individual subsurface sewage disposal system. Should subsequent tests be performed on previously tested lots, the applicable fee shall apply to each lot every time new testing is initiated.

I. 

Septic system installer license, payable upon application for issuance of a license or renewal thereof for a person or corporation engaged in the business of constructing, altering, repairing or excavating in any way any individual subsurface sewage disposal system and payable upon application for the license or renewal thereof.

J. 

For witnessing of a soil log, payable upon application to witness an excavation to a depth as deemed necessary by the administrative authority for the purpose of determining the predominate soil and groundwater characteristics of the excavation without the performance of a percolation test.

K. 

License to operate, payable upon application for the issuance or renewal of said license.

§ 430-17 Violations and penalties.

A. 

Any person or corporation who violates any of the provisions of or any order promulgated under this article or the code made a part hereof shall be fined, upon conviction, not less than $50 nor more than $1,000 for each violation.

[Amended 2-28-2006 by Ord. No. 2006-09; 5-10-2010 by Ord. No. BOH-2010-01]

B. 

Each day that a particular violation continues shall constitute a separate offense.

[Adopted by BOH Ord. No. 1999-1 as Ch. 17.28 of the 1998 Code]

§ 430-18
Definitions. 

§ 430-19
Connection to public sewer required. 

§ 430-20
Connection specifications. 

§ 430-21
Order to connect; exemption. 

§ 430-22
Notice to property owner. 

§ 430-23
Violations and penalties. 

§ 430-18 Definitions.

[Amended by Ord. No. 2000-9]

As used in this article, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:

BUILDING
Any building or structure heretofore or hereafter constructed and designed or used for residential, business or industrial purposes, either temporary or permanent, or for other use or occupancy by persons or property in which liquid wastes originate.
CONNECTION DATE
When used with respect to a building constructed prior to the date of the initial operation, as part of any sanitary sewage treatment and disposal system in the Township owned or operated by the Township or the Montville Township Water and Sewer Department, of a sewer available to serve said building, means the 180th day next ensuing after said date of initial operation. When used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewage treatment and disposal system owned or operated by the Township or said Water and Sewer Department, of a sewer available to serve said building, "connection date" means the 30th day after the date of completion of construction or the date of initial occupancy of said building, whichever of said dates shall be earlier in point of time.
SEWER
Any public sewer line or main designed or used for collection or disposal of sanitary sewage within the Township.

§ 430-19 Connection to public sewer required.

The owner of each property along the line of any public sewer now or hereafter constructed in the Township shall connect each building on such property with the sewer line prior to the connection date with respect to said building.

§ 430-20 Connection specifications.

Every connection required by this article shall be made with soil pipe of cast iron, caulked and leaded, extending from inside the building foundation to a sewer. All soil pipes shall be not less than four inches in diameter, and every connection required by this article shall be made in a manner to discharge into said sewer all sanitary sewage originating in the building and in all other respects as required by any Plumbing Code and amendments thereto adopted by the Township or the Township Board of Health.

Editor's Note: See Ch. 129, Construction Codes, Uniform.

§ 430-21 Order to connect; exemption.

[Amended by Ord. No. 2000-9]

Upon receipt by this Board of notification from the Montville Township Water and Sewer Department or from the Township that any sewer is available to serve buildings on any properties in the Township, the Board of Health shall order each owner of property along the line of said sewer to connect each building on such property with said sewer in accordance with the terms of this article, except that where the topography of the land in relation to the line of the public sewer requires the installation of pumping equipment to dispose of sewage rather than by gravity flow, or for reasons inimical to the individual property, a hardship exists, then the owner may make application by letter addressed to the Board of Health for relief from the terms of this article. If after hearing by the Board of Health it is determined that a hardship exists as to the individual property owner, then an order may be entered by the Board of Health granting an exception to the provisions hereof as to the individual property. The determination of hardship as to each individual property shall lie exclusively with the Board of Health.

§ 430-22 Notice to property owner.

The Board of Health shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 430-21. Such notice shall be addressed to the owner of said property as the name of said owner appears in the last tax duplicate of the Township of Montville, shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Montville and by the street address if a street address exists, and shall state that by order of the Board of Health the owner is required to connect each building on said property with a sewer in accordance with the terms of this article on or before the connection date with respect to such building or, if such connection date shall have passed, within 30 days after service of such notice as hereinafter provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this article. Said notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. Said notice may also be served within or without the limits of the Township of Montville by mailing the same by registered mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Montville.

§ 430-23 Violations and penalties.

[Amended by Ord. No. 2000-9]
A. 

Any person or corporation who shall not comply with any order issued in accordance with the provisions hereof within 30 days after notice by the proper officer of the Board of Health as hereinabove provided shall, upon complaint by the Montville Township Water and Sewer Department or any other person, be fined, upon conviction, not less than $50 nor more than $1,000 for each violation.

[Amended 2-28-2006 by Ord. No. 2006-09; 5-10-2010 by Ord. No. BOH-2010-01]

B. 

Each day that a violation continues shall constitute a separate offense.