[HISTORY: Adopted by the Township Committee of the Township of Mansfield 12-28-2005 by Ord. No. 2005-17. Amendments noted where applicable.]
§ 339-8 Malfunctioning on-site wastewater treatment system: inspections of system; revocation of license.
The Township Committee has determined that it is in best of the Township, its residences and businesses to inspect all on-site wastewater treatment (commonly known as "septic") systems. This finding is based on the following:
Residential and nonresidential on-site wastewater treatment systems are in use within the Township of Mansfield.
On-site wastewater treatment systems, similar to any other physical structure, require ongoing maintenance and proper operation to ensure proper functionality.
When existing on-site wastewater treatment systems have malfunctioned, even when the systems have been designed, constructed, and sited in accordance with applicable standards, the malfunction is largely due to lack of proper operation and maintenance. These malfunctions have been shown to adversely affect public health and welfare and the environment. Such systems constitute a potential source of pollution of ground and surface waters, contamination of potable water supplies, foul odors, nuisance problems and other hazards to public health.
It is determined to be in the interest of public health and the environment, safety and welfare to establish provisions to regulate the management of such systems to protect the public and environment against system failures and resultant pollution.
The inspection provisions contained in this chapter are necessary to protect the public health safety and welfare and it is therefore necessary to exceed the provisions contained in N.J.A.C. 7:9A-1 et seq.
In order to enable the use of on-site system technology that enhances treatment of wastewater, management and maintenance are a necessity.
Economic benefits to all on-site system owners by improving the quality of wastewater management, will extend the serviceable life of on-site systems, preventing or postponing the need for costly repairs or replacements.
It is the purpose of this chapter:
To establish an inspection program for residential and nonresidential on-site wastewater treatment systems in the Township of Mansfield in order to ensure the proper operation and maintenance of such systems.
To regulate on-site wastewater treatment systems in Mansfield Township to protect public health and welfare and the environment. This includes a means of educating on-site wastewater treatment system owners/operators, as defined herein, in the characteristics of such systems and the proper procedures for altering, operating and maintaining them.
To develop a management program to maintain records regarding on-site wastewater treatment systems in the program area.
To promote and assure the proper use and maintenance of residential and nonresidential on-site wastewater treatment systems.
All definitions given in Subchapter 2 (N.J.A.C. 7:9A 2.1) of the New Jersey Department of Environmental Protection (NJDEP) Standards for the Construction of Individual On-site Wastewater Treatment Systems, N.J.A.C, 7:9A-1.1 et seq., and any amendments thereto ("NJDEP regulations") are hereby incorporated into this article, with the following additions:
- ADVANCED WASTEWATER TREATMENT OR DISPOSAL TECHNOLOGY
- Any component or system which is a part of an individual subsurface sewage disposal system that is employed to reduce levels of pollution or convey pollutants to the subsurface environment that is not addressed or is not designed in strict conformance with the requirements of N.J.A.C. 7:9A.
- BOARD OF HEALTH
- The Board of Health of the Township of Mansfield.
- EDUCATION PROGRAM
- An educational program prepared and administered by the Board of Health regarding the function of on-site wastewater treatment systems and the proper procedures for the operation and maintenance of such systems. The educational program shall be performed in accordance with the minimum requirements of N.J.A.C. 7:9A-3.14.
- ENFORCING OFFICIAL
- The Construction Code Official of the Township of Mansfield or his designee.
- LICENSED SEPTIC SLUDGE REMOVAL OPERATOR
- Any person, firm or corporation which has been duly examined by the enforcing official and found qualified to pump on-site wastewater treatment systems, and who has been properly registered with all appropriate local, county and state authorities.
- Any realty improvement other than a single-family home. Such systems include but are not limited to those systems defined in N.J.A.C. 7:9A-1.8(C)2. Typical examples include but are not limited to: commercial buildings, restaurants, food establishments, commercial/residential mixed uses, and systems servicing multiple units.
- ON-SITE WASTEWATER TREATMENT SYSTEM
- An individual subsurface sewage disposal system as referred to in N.J.A.C. 7:9A. A septic system is one example.
- The person who owns or leases the realty improvement which is served by a residential or nonresidential on-site wastewater treatment system and/or the person who uses or operates said system.
- PLOT PLAN
- A sketch showing the type (if known) and location of the on-site wastewater treatment system servicing the property, as well as the location and type of any on-site water supply. All plots plans shall be drawn to scale and list the dimensions used.
- An individual or non-individual on-site wastewater treatment system, including all of the component parts thereof.
Scope. The owner of any realty improvement serviced by an on-site wastewater treatment system located in the Township of Mansfield shall be subject to all of the requirements of this chapter.
Applicability. No person within the Township of Mansfield area shall operate a residential or nonresidential on-site wastewater treatment system unless such construction, installation, alteration, maintenance or operation is in accordance with all applicable sanitary regulations and this article.
Exemptions. Any system not in operation for a period of six months or longer shall be exempted from this article. The Construction Code Official shall require an owner or operator of a system seeking exemption under this section to submit proof in the designated form to qualify for this exemption. This exemption shall cease if and when the system is returned to operation.
Requirement for license. On and after March 1, 2006, no owner or occupant of a property in the Township of Mansfield upon which an individual or nonindividual on-site wastewater treatment system is located which has transferred a property or required a certificate of occupancy shall operate or otherwise use a system unless a currently valid license to operate the system has been issued by the Construction Code Official, in accordance with the schedule herein, to the owner of the property on which the system is located.
Issuance of license. The Construction Code Official may issue a license to operate and distribute educational information relative to the proper operation and maintenance practices to the owner and occupant of a property upon one or more of the following events:
Issuance of a certificate of compliance by the Board of Health or its designee for any system using advanced wastewater treatment or disposal technology(ies);
Issuance of a certificate of compliance by the Board of Health for a new system;
Issuance of a certificate of compliance by the Board of Health for the alteration of a system;
Upon the sale or transfer of a premises.
All licenses issued pursuant to this section shall be on a form provided by the Construction Code Official. Once issued, a license shall not be transferable upon change of ownership or occupancy. A new license is required for the premises. A fee, as provided hereunder, shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan showing the location of the septic system (both the tank and the disposal area) and any private water source on the property. The plot plan shall also include the general location, if known, of any wells, and septic systems on adjoining properties.
Expiration/renewal. The license to operate shall expire upon change of ownership or issuance of a new certificate of occupancy.
Requirements for renewal. The Construction Code Official shall not renew the license unless the licensee has submitted the following to the Board of Health or its designee:
Submission of a septic system inspection report prepared in accordance with the Technical Guidance for Inspections of On-site Wastewater Treatment and Disposal Systems published by the New Jersey Department of Environmental Protection, dated July 2003, or latest edition, on a form approved by the Board of Health or its designees indicating that the system has been maintained, is not in need of pumping, and is functioning in conformance with the requirements of this chapter. Said form shall be prepared, completed and certified by one of the following:
If the inspection indicates that pumping of the treatment tank or other maintenance, alteration, or repair of the system is necessary, the Board of Health shall issue a notice of pumping, alteration or repair. Following pumping or other maintenance, alteration or repair of the system, the owner/operator shall submit to the Board of Health a completed alteration/pumping report prepared and signed by the person performing the required work.
Testing of the system. No person shall test an on-site wastewater treatment system in a manner that will adversely affect the functioning of the system. Hydraulic loading shall not be applied in excess of the design flow capacity. All solids shall have been removed from the septic tank and/or grease trap prior to testing unless the hydraulic loading is applied at a point that will bypass the septic tank and/or grease trap.
Suspension of license. The Construction Code Official may suspend or revoke the license to operate in the following circumstances:
It has been determined by the Board of Health or its designee that the system is malfunctioning based upon criteria provided for in N.J.A.C. 7:9A-3.4(a) and the licensee fails to take immediate steps to correct said malfunction as directed by the Board of Health or its designee;
The owner or occupant of the premises served by the system violates any provision of this chapter with respect to operation and maintenance of the system; or
Operation of an on-site system under a suspended license shall be subject to penalties as set forth herein.
The following conditions shall apply to all licenses:
General. The on-site wastewater treatment system shall be used only for the disposal of sanitary wastes of the type and origin provided for in the approved engineering design. The following conditions of the license shall be adhered to:
No permanent or temporary connection shall be made to any source of wastes, wastewater or clean water other than those plumbing fixtures which are normally present within the type of facility indicated in the approved engineering design.
Drainage from basement floors, footings or roofs shall not enter the sewage disposal system and shall be diverted away from the area of the disposal field.
As set forth in N.J.S.A. 58:10A-17, no person shall use or introduce or cause any other person to use or introduce into any sewage water disposal system any sewage system cleaner containing any restricted chemical material.
Disposal of materials containing toxic substances into an on-site wastewater treatment system is prohibited. Materials containing toxic substances include, but are not limited to, waste oil (other than cooking oil), oil-based or acrylic paints, varnishes, photographic solutions, pesticides, insecticides, paint thinners, organic solvents or degreasers and drain openers.
Inert or nonbiodegradable substances should not be disposed of in the on-site wastewater treatment system. Such substances include, but are not limited to, disposable diapers containing plastic, cat box litter, coffee grounds, cigarette filters, sanitary napkins, facial tissues and wet-strength paper towels.
Large quantities of cooking greases or fats shall not be discharged into systems not equipped with a grease trap designed and constructed as prescribed in N.J.A.C. 7:9A8.1.
Major plumbing leaks shall be repaired promptly to prevent hydraulic overloading of the system. Vehicle traffic and vehicular parking shall be kept away from the aspects of the system, unless the system has been specifically designed to support vehicular traffic.
Swimming pools and additional building structures shall be set back according to the requirements of N.J.A.C. 7:9A-4.3.
Water softener backwash and HVAC condensate may be disposed into the on-site system in accordance with N.J.A.C. 7:9A-12.1. Although water softener backwash may be disposed into the on-site system in accordance with N.J.A.C. 7:9A-12.1, to reduce hydraulic loading to the system and preserve the serviceability of the system, HVAC condensate and water softener backwash is required to be discharged to a separate seepage pit designed in accordance with N.J.A.C. 7:9A-11.
Disposal field maintenance.
The area of the disposal field shall be kept free of encroachments from decks, pools, sprinkler systems, driveways, patios, accessory buildings, additions to the main building and trees or shrubbery whose roots may disrupt the system.
Grading shall be maintained in a condition that will promote runoff of rainwater away from the system and prevent ponding.
All drainage from roofs, footing drains, ditches or swales shall be diverted away from the system.
Vegetation shall be maintained to prevent soil erosion.
Additional inspection and maintenance requirements for systems with grease traps.
Grease traps or other grease removal systems shall be inspected and cleaned out at a frequency adequate to prevent the volume of grease from exceeding the grease retention capacity. Grease shall be removed whenever 75% of the grease retention capacity has been reached.
Pumping of grease traps/removal systems shall be performed by a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26g.
Maintenance of dosing tanks. Dosing tanks and associated pumps, siphons, switches, alarms, electrical connections and wiring shall be maintained in proper working order. Any solids that accumulate in the dosing tank shall be removed and disposed of in a sanitary manner.
Any licensed on-site sewage disposal system or component thereof that is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 and 3.4) shall constitute a nuisance and shall be repaired, modified or replaced pursuant to an order of the Board of Health or its designee to correct the condition caused by the malfunction. Alterations shall be performed in accordance with N.J.A.C. as adopted and implemented by the Board of Health by virtue of this Code and any amendments thereto.
§ 339-8 Malfunctioning on-site wastewater treatment system: inspections of system; revocation of license.
The Board of Health shall have the right to inspect any system that shows evidence of any malfunction. Such evidence may include, but not be limited to: foul odors, leakage to ground surface, or saturated soil/lush vegetation over system. Water and/or soil samples may be taken to confirm the existence of a malfunctioning system.
The Board of Health may require that any malfunctioning system be corrected by servicing, replacement or alteration of the system.
Until any necessary replacement or alteration of a system has been accomplished, the Board of Health may require pumping and the removal of the entire contents of the septic tank for the system (both liquids and solids) at intervals specified by the Board.
No provision of this chapter shall be interpreted as precluding the Construction Code Official from revoking a license issued for the operation of a system in the event that the Board of Health or its designee shall determine that such action is necessary and appropriate for the enforcement of this chapter and any other relevant Board of Health ordinance. Any such revocation shall be upon notice to the owner/operator, with an opportunity to comment or appeal.