[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.]
GENERAL REFERENCES
Sewers — See Ch. 479.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
A.
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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:
(1)
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.
(2)
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.
(3)
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.
E.
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.
F.
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.
G.
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.
