Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 2-6-1973 by Ord. No. 2-1-73; amended in its entirety 8-7-1990 by Ord. No. 33-8-90. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. I.
Fees — See Ch. 72.
Sewers — See Ch. 124.
Water — See Ch. 156.

§ 121-1 Adoption of standards by reference; title.

A. 
A code regulating the location, design, construction, installation, alteration, operation and maintenance of individual subsurface sewage disposal systems and fixing penalties for the violation thereof is hereby adopted pursuant to N.J.S.A. 58:11-23 et seq. and N.J.A.C. 7:9A-1.1 to 12.8. A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
B. 
Said code established and adopted by this chapter is described and commonly known as "Standards for Individual Subsurface Sewage Disposal Systems."
C. 
In the Pinelands area, the standards contained in § 160-28, the development application requirements contained in §§ 15-38 and 15-39 and the notice and review requirements contained in §§ 15-41 and 15-42 shall also apply.
[Added 11-6-1990 by Ord. No. 41-9-90]

§ 121-2 Filing of copies.

Three copies of said Standards for Individual Subsurface Sewage Disposal Systems have been placed on file in the office of the Secretary, Clerk or other similar officer of this Township Council upon the introduction of this chapter and will remain on file in said office for the use and examination of the public.

§ 121-3 Performance standards.

A. 
No on-site sewage disposal system shall be installed which will produce an average groundwater nitrate concentration greater than two parts per million at the property line, using the most recent New Jersey Pinelands Commission nitrate reduction dilution model. In the case of new applications for major subdivisions, the nitrate dilution shall be calculated using the outbound lines of the subdivision; water surface areas of lakes, ponds and streams shall not be considered in the calculation.
[Amended 11-6-1990 by Ord. No. 41-9-90]
B. 
Except in the Pinelands area, a septic system shall not be installed on any lot which is located within 200 feet of an active public sewer; instead, in such a case, the public sewer will be utilized.
[Amended 11-6-1990 by Ord. No. 41-9-90]
C. 
Any evaluation of soil for the purpose of determining the estimated seasonal high groundwater table, pursuant to the standards adopted by reference herein, shall be conducted only in the months from January through April inclusive, except in areas where soils identified in the Burlington County Soil Survey Report (prepared by the United States Department of Agriculture Soil Conservation Service) indicate an estimated seasonal high-water table greater than five feet.

§ 121-4 Waiver.

A. 
The Director of Health shall have sole authority to grant a waiver from the maximum two parts per million nitrate concentration at the property line in cases where a new septic system is being installed if the applicant and property in question meet the following qualifications:
(1) 
The property in question would have no reasonable use and/or no reasonable economic utility unless a waiver of the dilution standard is granted.
(2) 
The applicant proposes to utilize an alternate sewage disposal system which, at the time of application, represents the best available technology for on-site wastewater disposal.
(3) 
The applicant and/or the property in question otherwise meets the requirements of this chapter and the standards adopted by reference herein.
(4) 
The operation of the on-site wastewater system is projected to have a nitrate concentration at the property line no greater than 10 parts per million, using the most recent New Jersey Pinelands Commission nitrate reduction dilution model.
(5) 
The granting of the hardship waiver will not cause any adverse impact on public health, safety or welfare.
(6) 
In Pinelands areas, a waiver of strict compliance must be obtained by the applicant prior to consideration of a waiver. The Pinelands waiver of strict compliance is merely a prerequisite for a waiver by the Director of Health, but the issuance of a waiver by the Pinelands Commission does not require the Director of Health to issue a waiver under this section.
(7) 
There is no vacant adjacent land that may be used to create a conforming lot.
(8) 
Public notice shall be given on all applications for waivers pursuant to this section. The applicant shall place an advertisement of the hearing in the official newspaper of the Township and shall give notice to the owners of all real property located within 200 feet in all directions of the property which is the subject of such hearing and to the Evesham Township Environmental Commission which shall make recommendation to the Director of Health. Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
(a) 
Applicants may apply to the Evesham Township Tax Assessor for a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice.
(b) 
The applicant shall file an affidavit of proof of service with the Director of Health at least five days prior to the hearing.[1]
[1]
Editor's Note: Former Subsections A(9) and (10), regarding monitoring wells and which immediately followed this subsection, were repealed 11-6-1990 by Ord. No. 41-9-90.

§ 121-5 Holding tanks.

In addition to the standards adopted by reference herein, no holding tanks shall be installed or placed in use until:
A. 
The person applying for the permit required in the code presents a contract with a person or firm licensed by the State of New Jersey to haul sewage sludge, which indicates that said hauler has access to primary and secondary sewage disposal facilities. The Township of Evesham must be named as a party to the contract with the right to compel enforcement of the contract.
B. 
The holding tank installed must have a clearly visible flashing light alarm which flashes when the capacity of the holding tank is 3/4 full and greater.

§ 121-6 Licenses and permits for cleaning of septic systems.

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 sanitary sewage (as defined in the New Jersey Administrative Code) who do not hold a license to engage in such business issued by the Director of Health. Such licenses shall be valid for a period of one year from the date of issuance but may be renewed by the Director of Health. Said license may be revoked for the failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Township.
B. 
The contents of any septic tank, cesspool, privy or other receptacle containing sanitary sewage (as defined in the New Jersey Administrative Code) shall not be removed until a permit for such removal has been obtained from the Director of Health.

§ 121-7 Stop-work orders.

The Director 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 of any of the provisions of the code. 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 systems or any part thereof, no further work shall be done thereon, except as aforesaid.

§ 121-8 Fees.

There shall be an application fee as specified in Chapter 72 of this Code for operating and renewal licenses pursuant to the standards adopted by reference herein.

§ 121-9 Violations and penalties.

Any person, persons, firm or corporation violating any requirement of the provisions of the standards adopted by reference herein or of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, of this Code.