[HISTORY: Adopted by the Borough Council of the Borough of Hampton 3-25-1991 by Ord. No. 3-91; amended in its entirety 4-10-2017 by Ord. No. 01-2017. Subsequent amendments noted where applicable.]
A code constituting the uniform standards of the New Jersey State Department of Environmental Protection governing individual subsurface sewage disposal systems, entitled "Standards for Individual Subsurface Sewage Disposal Systems," effective April 2, 2012, is, subject to certain deletions hereinafter set forth, hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 et seq.). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
The said code established and adopted by this chapter is described and commonly known as the "New Jersey State Department of Environmental Protection Standards for Individual Subsurface Sewage Disposal Systems," effective April 2, 2012, as N.J.A.C. 7:9A-1.1 et seq. (hereinafter referred to as "the code").
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction, alteration or repair of said sewage disposal system shall have been issued by the administrative authority as defined in N.J.A.C. 7:9A-2.1.
The administrative authority may issue a permit if the application is determined to be in compliance with the regulations adopted under this chapter and applicable local ordinances.
All individual subsurface sewage disposal systems constructed, repaired or certified for operation after the effective date of this chapter shall comply with the operation and maintenance requirements set forth under N.J.A.C. 7:9A-12.1.
New individual subsurface sewage disposal systems shall not be placed in operation, nor shall any dwelling or buildings or additions thereto be sold or occupied, which rely on such a system for sewage disposal until the administrative authority shall have issued a certificate indicating that the subsurface sewage disposal system has been located and constructed in compliance with the terms of the permit issued, the provisions of the Code of the Borough of Hampton and the provisions of N.J.A.C. 7:9A-1.1 et seq.
Any approved application for the location, construction and/or alteration of an individual subsurface sewage disposal system shall be valid for a period of three years from the date of issue. Thereafter, a new approved application must be obtained which will be reviewed under the regulations in effect at the time of the new application.
An inspection fee in the amount of $100 shall be paid to the Borough of Hampton for the witnessing of soil logs associated with the construction of an individual subsurface sewage disposal system. The fee shall be assessed per lot or per system proposed, whichever is greater. The fee shall be applied as follows: $75 to the witness, $25 to be retained by the Borough. The witness shall be as designated by the Board of Health.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.
It shall be the responsibility of the applicant to restore to pre-entrance conditions any disturbance of destruction caused to Borough roads or rights-of-way.
All systems in operation shall comply with N.J.A.C. 7:9A-12.2. It is further recommended all systems be pumped every three years.
It shall be within the authority of the Board of Health to notify any owner or operator of a system of a malfunctioning system and permit time for corrective actions. The Board of Health may also notify the Hunterdon County Health Department and/or the New Jersey Department of Environmental Protection, as necessary, to ensure corrective actions are taken. The Board of Health shall also have the authority to revoke permission to operate a system if a malfunction or unsatisfactory condition is evident.
The Board of Health shall have the authority to grant waivers from the provisions of this chapter and the code for altered systems that contain no expansion or change of use. Waivers from provisions of the said code for new constructed, alterations with expanded use, or changes in use shall be approved by the Board of Health prior to submission of waiver requests to the New Jersey Department of Environmental Protection under an alternative design and treatment works application pursuant to the code. The Board of Health shall be held harmless through the granting of any waivers requested.
As adopted by the Borough of Hampton, N.J.A.C. 7:9A-82(b)(1) is hereby deleted from the code and replaced with the following:
When serving single-family dwelling units, septic tanks shall have the minimum capacity of 250 gallons per bedroom. Expansion attics shall be considered additional bedrooms. In no case shall the capacity be less than 1,000 gallons. All tanks shall be two compartment tanks unless a waiver is obtained from the Board of Health.