Township of Mansfield, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Mansfield 7-11-1990 by Ord. No. 08-90. Amendments noted where applicable.]
GENERAL REFERENCES
Open wells and excavations — See Ch. 390.
Water systems — See Ch. 413.

§ 401-1 Individual subsurface sewage disposal systems.

The state standards for individual Subsurface Sewage Disposal Systems Code of New Jersey, N.J.A.C. 7:9A-1.1 et seq. adopted by this chapter is intended for use where a public sewage disposal system is not available.

§ 401-2 Definitions.

As used in this chapter:
A. 
The State Standards for Individual Subsurface Sewage Disposal Systems Code of New Jersey, N.J.A.C. 7:9A-1.1 et seq., herein after referred to as the "state code" or "code," shall mean and refer to that certain code approved by the State of New Jersey on July 28, 1989, for adoption by reference by the municipalities in accordance with law, being a code regulating:
(1) 
The location, construction, use, maintenance and method of emptying or cleaning, individual sewage disposal systems; and
(2) 
The issuance of licenses or permits to locate, construct, empty or clean said systems.
B. 
As used in the State Standards Individual Sewage Disposal System Code of New Jersey (1989):
(1) 
ADMINISTRATIVE AUTHORITY — The Board of Health of the Township of Mansfield.
(2) 
ADMINISTRATIVE AGENT — The person appointed by the Administrative Authority to act as the agent to administer this chapter.

§ 401-3 Adoption of state standards for individual sewage disposal systems.

A. 
Pursuant to law, there is hereby established and adopted as the individual sewage disposal system code of the Township of Mansfield the whole of the State Standards for Individual Subsurface Sewage Disposal Systems Code of New Jersey (1989), N.J.A.C. 7:9A-1.1 et seq., as defined in § 401-2, together with all subsequent amendments thereto.
B. 
The State Standards for Individual Subsurface Sewage Disposal Systems Code of New Jersey (1989) is hereby incorporated in this chapter by reference and made a part hereof as fully as though it had been set forth herein at length.
C. 
In accordance with law, 10 printed copies of the State Standards for Individual Subsurface Sewage Disposal Systems Code of New Jersey (1989) have been placed on file in the office of the Township Clerk, in the office of the Health Department of the Township, and shall remain on file in these offices for the use and examination of the public so long as this section shall remain in effect.

§ 401-4 Changes and modifications to state code.

A. 
None.

§ 401-5 Permit required to locate, construct or alter system: new building construction requirements.

A. 
No person shall locate, construct or alter any sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health of the Township.
B. 
Where new construction is involved, no building permit shall be issued for the construction of any building requiring a sewage disposal system until a permit is obtained pursuant to the terms of this chapter. In no case shall construction of a building be begun until such permit is obtained.
C. 
All permits to construct, alter or repair an individual sewage disposal system shall expire one year from the date of issuance.

§ 401-6 Stoppage and other control of work in case of violations.

A. 
If the Board of Health finds that any individual sewage disposal system is being erected or installed in violation of the code of this section, it may order that:
(1) 
All further work be stopped forthwith, except such work as shall be necessary to remedy such violation; and
(2) 
After the violation has been remedied, the work may be continued not in violation of any of the provisions of the code.
B. 
After issuance of any such order and the service of a copy thereof upon any person connected with or working in or about the erection or installation of any such individual sewage disposal system, or any part thereof, no further work shall be done thereon except in compliance with and as authorized by this order.

§ 401-7 Fees and charges.

The fees and charges under this article shall be as follows and shall be paid prior to any services being rendered:
A. 
Two hundred twenty-five dollars for each application for an approved new individual sewage disposal system. The fee will include initial licensure of the system.
B. 
Fifty dollars for each application for an approved alteration (expansion or relocation) to an individual sewage disposal system. The fee will include initial licensure of the system.
C. 
Twenty-five dollars for each application approved to effect a simple repair of an existing individual sewage disposal system which will not increase the size of the system. The fee will include initial licensure of the system.
D. 
Fifty dollars for each soil log witnessed for a proposed subdivision.
E. 
Fifty dollars for each soil log witnessed for construction of a new individual sewage disposal system.
F. 
Fifty dollars for witnessing a soil log or logs for alteration of an individual sewage disposal system.
G. 
Twenty-five dollars for each approved application for an individual sewage disposal system which requires a revision to an application that was previously approved.
H. 
Twenty-five dollars for each approved application for an individual sewage disposal system, which a change in ownership occurs, and an application has already been approved.

§ 401-8 Appeals.

A. 
If a certificate of compliance is denied by the Board of Health, the applicant may request a hearing before the Board. The Board of Health shall hold a hearing within 15 days of such request in accordance with N.J.S.A. 58:11-31. 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.
B. 
Procedures for appeals from any other actions of the Board of Health pursuant to this chapter shall be taken in accordance with procedures established by the Board of Health.

§ 401-9 Enforcement; violations and penalties.

In addition to the provisions of N.J.A.C. 7:9A-101 et seq.:
A. 
Any person who violates any provision of this chapter, any terms or condition of any permit or license issued hereunder, shall be liable for one or more of the following penalties: (1) fine not exceeding $1,000; (2) imprisonment for any term not exceeding 90 days; (3) period of community service not exceeding 90 days. [N.J.S.A. 40:69A(6)].
B. 
Any person who fails to comply with any notice or order issued by the Board of Health pursuant to this chapter shall be liable for one or more of the following penalties: (1) fine not exceeding $1,000; (2) imprisonment for any term not exceeding 90 days; (3) period of community service not exceeding 90 days. [N.J.S.A. 40:A-29(b)].
C. 
Each violation for each separate day and each violation of any provision of this chapter, any terms or condition of any permit or license, or any notice or order issued by the Board of Health shall constitute a separate and distinct violation under this chapter.
D. 
Nothing in this chapter shall be construed as limiting the remedies of the Board of Health for violations of this chapter. The Board of Health may proceed under any other remedy available at law or in equity for any violation of this chapter, or any term or condition of any permit or license issued by the Township, or for any failure to comply with any notice or order issued by the Township under this chapter.