[HISTORY: Adopted by the Board of Health of the Borough of North Haledon 5-21-1979 (Ch. 206 of the 1990 Code). Amendments noted where applicable.]
Sewers — See Ch. 479.
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems and the issuance of permits to locate, construct, empty or clean said systems and fixing penalties for the violation thereof is hereby adopted pursuant to the laws of the State of New Jersey.
Said code established and adopted by this chapter is described and commonly known as the "Individual Sewage Disposal System Code of New Jersey (1978)."
No person shall locate, construct or alter any individual 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.
The Board of Health may issue a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the individual sewage disposal system as proposed is in compliance with the code.
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 said 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.
The Board of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement, in writing, signed by him/her, to the Board of Health that said disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the aforesaid code.
Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any places used for the reception or storage of human excrement who do not hold a license issued by the Board of Health to engage in such business. Such licenses shall be valid for a period of one year from the date of issuance but may be renewed by the Board of Health. 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.
The contents of any septic tank, cesspool, privy or other receptacle containing human excrement shall not be removed until a permit for such removal has been obtained from the Board of Health.
In case any permit or certification required by this chapter is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after the 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.
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 violations, and, thereafter, the work continued without any violations 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 system or any part thereof, no further work shall be done thereon, except as aforesaid.
[Amended 11-22-1993 by Ord. No. BH:1-1993]
No person shall construct, reconstruct, clean or extend or cause to be constructed, reconstructed, cleaned or extended in the Borough of North Haledon any septic tank, tile or other disposal field or other receptacle for human excrement or foul waste liquids without obtaining a permit to do so from the Board of Health of the Borough of North Haledon. Any new construction in the Borough of North Haledon will not be tied into the existing sanitary sewer unless plans are first approved by the Board of Health and the Borough Engineer.
No person shall reconstruct, clean or extend or cause to be reconstructed, cleaned or extended in the Borough of North Haledon any cesspool without obtaining a permit to do so from the Board of Health of the Borough of North Haledon.
Contractors engaged in the business of installing septic tanks and disposal fields shall obtain a license from the Board of Health to permit them to do any of the above work in the Borough of North Haledon.
Before obtaining said license, they shall post with the Board of Health a surety bond as provided in Chapter 635, Fees, Health, to ensure the proper installation of septic tanks and disposal fields in accordance with this chapter.
The Construction Official of the Borough of North Haledon shall not issue a building permit pursuant to plans and specifications which include provision for the construction or alteration of any sewage disposal system unless he/she has been notified, in writing, from the Plumbing Subcode Official of the Borough of North Haledon stating that the provisions of this chapter have been complied with and a permit issued in accordance with this chapter.
The Plumbing Subcode Official shall, upon the request of the Construction Official, notify him/her, in writing, of the status of any application made in accordance with the terms of this chapter.
In the event that an application is made for a building permit to the Construction Official based on plans and specifications which do not include provision for the construction or alteration of a sewage disposal system and it appears to the Construction Official that such provision is necessary, he/she shall refer the applicant to the Plumbing Subcode Official, who shall thereupon determine in accordance with the rules and regulations set forth herein whether the plans and specifications are in compliance with this chapter.
The foregoing regulations and requirements shall be in addition to the requirements and regulations as set forth in the aforementioned code of regulations which is herein being adopted.
The Board of Health shall have authority to permit the construction of an individual sewage disposal system to be installed with modifications to the Standards for the Construction of Individual Subsurface Sewage Disposal Systems, subject to the following conditions:
No such modification shall be permitted unless the applicant has demonstrated to the satisfaction of the Board of Health that, because of the peculiar circumstances related to the land in question, a conventional sewerage facility cannot be constructed on the subject premises. The applicant shall be required to submit a supporting report by a licensed engineer of the State of New Jersey. The Board of Health shall not grant permission for such departure from the standard specifications unless the Borough Engineer has certified to the Board of Health that a conventional system cannot be constructed on the subject premises.
The applicant shall submit to the Board of Health a detailed engineering plan showing the proposed facility to be constructed, and the plan shall be accompanied by a complete technical description of the kind of modification proposed by the applicant. Upon receipt of the proposal of the applicant by the Board of Health, the Board of Health shall refer the application, together with the accompanying engineering and technical data, to the Borough Engineer, who shall advise the Board of Health, in writing, of his/her recommendation for approval or disapproval. The Borough Engineer shall set forth supporting reasons for his/her recommendation.
In the case of a subdivision application, the Board of Health shall not consider a departure from the standard specifications unless the Planning Board, in its subdivision approval, has given its consent to such a departure. However, the consent of the Planning Board shall not be binding upon the Board of Health.
The Board of Health may attach to any approval conditions which, in the exercise of its sole and absolute discretion, it deems to be necessary for the preservation of the public health and safety, which may include but are not limited to the following:
The owner of the premises shall at all times keep in force and effect adequate annual service and inspection in a form acceptable to the Board of Health.
In the event of any malfunction of the system, the owner shall cause necessary repairs to be made forthwith. In the event that the owner does not forthwith correct any malfunction, the Board of Health may order the work to be done by a private contractor, and the owner of the property shall be liable for the costs so incurred.
The owner shall furnish annual maintenance and inspection reports, and, where the Board of Health deems it appropriate, the Board of Health may order more frequent inspections and reports.
The authority of the Board of Health to permit a departure from the standard specifications shall be limited to special circumstances, and, where a departure is permitted by the Board of Health, the departure permitted shall be only to the extent that such a departure is made necessary by the peculiar conditions of the soil as certified by the Borough Engineer.
No departure shall be permitted by the Board of Health which is in contravention of any provision of a state statute or applicable state regulation.
Applications for a departure under the provisions of this chapter shall be accompanied by a fee as provided in Chapter 635, Fees, Health, for each lot for which a departure is requested in the case of a one-family house and for each business establishment in the case of a business establishment.
No new cesspools shall be constructed.
[Added 12-17-1990 by Ord. No. BH:1-1990; amended 4-28-2008 by Ord. No. BH:8-2008]
Any person who violates or neglects to comply with any provision of this chapter or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable for a penalty not to exceed $2,000 for each violation or for a term of imprisonment not to exceed 90 days or a period of community service not to exceed 90 days.