[HISTORY: Adopted by the Board of Health
of the Township of Montville as indicated in article histories. Amendments
noted where applicable.]
[Adopted by BOH Ord. No. 1999-1 as
Ch. 17.20 of the 1998 Code]
[Amended by Ord. No. 2000-9]
A.Â
Any subdivision(s) containing more than 10 realty
improvements but less than 50 and within 1/4 square mile of a central
point and to be built within a ten-year span of each other is (are)
to be reviewed by the Board of Health for a determination as to the
type of treatment facility required for the individual lots in the
subdivision or subdivisions. The Board of Health shall not be limited
in its determination but may, after consideration of all factors involved
as to subsoil conditions, availability of sewerage facilities and
the like, require each subdivision to erect a disposal system, to
last a minimum of 50 years, or connection to the Township of Montville's
exiting system, if the same meets with the approval of the Township
of Montville and the proper agencies of the State of New Jersey.
B.Â
Any subdivision(s) added after the ten-year span,
containing more than one individual lot within the 1/2 square mile
of the physical central point of the previous central point, must
be approved by the Board of Health and the Township of Montville,
with explicit consideration to the previously built subdivisions.
No one shall construct or reconstruct or repair
any individual sewage disposal system or a part thereof without having
first obtained from the Board of Health or its authorized agent for
each such system both the certificate required by the Standards for
the Construction of Individual Subsurface Sewage Disposal Systems,
hereinafter called "Standards," as promulgated by the New Jersey State
Department of Environmental Protection as Chapter 9A[1] as more particularly set forth in 21 N.J.R. 2597 through
2671, and as the same may be modified, amended and/or supplemented
from time to time, and an appropriate permit. For the purposes of
this article, the definitions contained in said Standards shall apply
unless otherwise stated herein, and the word "code" shall be deemed
to refer to said Standards.
[1]
Editor's Note: See N.J.A.C. 7:9A-1.1 et seq.
A.Â
To procure the certificate, the owner of the land
upon which it is proposed to install the system shall submit to the
Board or its authorized agent, in the form and number of copies prescribed
by the Board or its authorized agent, an application for a certificate,
which shall be signed by the owner or his agent, duly authorized by
the owner in writing, a copy of which shall be attached to the application,
which application shall be accompanied by the initial application
fee hereinafter prescribed and shall include or be accompanied by
all information and data required by the standards and the application
form as currently exists and as may be modified, amended and/or supplemented
from time to time.
B.Â
If the Board or its authorized agent shall find the application for a certificate to be in compliance with Subsection A above and that the proposed system is in compliance with the Standards and this article and likely, when constructed and put to use, to operate efficiently and without creating any nuisance, the Board or its authorized agent shall issue to the applicant an appropriate certificate.
A.Â
No installation permit shall be issued to anyone not
an installer holding a license as such under this article.
B.Â
At such time after the issuance of the certification
as the grading of the entire site shall meet the standards of Sections
7:9-2.12 and 7:9-2.20 of the code[1] and the realty improvement shall have been substantially
completed, the owner or his agent thereunto duly authorized in writing
attached to his application may apply for a permit to be issued to
the installer, who shall be the holder of a license under this article,
whose name and post office address shall be furnished.
[1]
Editor's Note: See now N.J.A.C. 7:9A-1.1 et seq.
A.Â
The installation shall be made strictly in compliance
with said code and this article and the plans and specifications contained
in the application for certification, with the modifications, if any,
made therein prior to and as a condition of the issuance of the permit.
B.Â
Placement of filter material. Filter material shall
not be placed in disposal beds or trenches until the Board or its
authorized agent has examined the bottom of the excavation made and
has approved it. The backfilling of seepage pits required by Section
7:9-2.90 of said code,[1] as amended by this article, shall not be done until the
Board or its authorized agent has inspected the seepage pit walls
and has authorized the backfilling.
[1]
Editor's Note: See now N.J.A.C. 7:9A-1.1 et seq.
C.Â
Septic
system construction in accordance with said permit must begin within
one year of the date of issuance of the permit or else said permit
shall be automatically rendered null and void.
[Added 10-13-2010 by Ord. No. BOH-2010-02]
D.Â
Septic
system construction must be completed and a certificate of compliance
and affiliate license to operate must be issued within one year from
the date that septic system construction work has started in accordance
with said permit. Such start date shall be determined by the date
of the first inspection performed by or for the Board of Health. Failure
to complete the installation of a septic system in accordance with
these time frames shall constitute a violation of this article.
[Added 10-13-2010 by Ord. No. BOH-2010-02]
[Amended by Ord. No. 2000-9]
If, prior to or in the course of the installation
made under the permit, subsurface or other conditions appear to the
installer or to the Board or its authorized agent which are at variance
with the data on the basis of which the system was designed and the
certification issued, or which appear likely to affect the efficiency
of the system, as designed, when completed, and may require that the
design of the system be revised or altered in order that the system
may be more likely to operate efficiently when completed, it shall
be the responsibility of the installer and of the Board or its authorized
agent to suspend the permit and further work under it, to call the
conditions observed to the attention of the owner or his engineer
and of the Board and not to commence or resume work under the permit
until it shall have been determined by the Board that the conditions
observed do not require that the plans and specifications be revised
to produce a system which will work efficiently or until the plans
and specifications have been revised to take into account the conditions
observed.
If for any reason it shall be deemed by the
owner, the installer, the Board or its authorized agent necessary
or advisable to deviate from the design of the system as approved
or any portion of it, an amended or revised application for certification
and permit shall be submitted to the authorized agent of the Board,
who shall process it as required for an original application; and
if a permit shall be issued, the installer shall proceed under it
in compliance with said code, this article and the plans and specifications
contained in the revised application, with the modifications, if any,
made therein prior to and as a condition of the reissuance of the
permit.
A.Â
Backfilling and use. No person shall cover over or
use or permit the covering over or use of any newly constructed, altered
or reconstructed sewage disposal system until a written certificate
of approval after final inspection has been issued.
B.Â
Inspections.
(1)Â
When excavations for disposal field and/or seepage
pits have been completed, the owner or installer shall notify the
authorized agent of the Board, who will inspect the excavations. After
written or oral approval of excavations, filter material and piping
shall be installed.
(2)Â
Prior to placing filter material on top of the disposal
field, the owner or installer shall notify the authorized agent of
the Board, who will inspect the installation. After written or oral
approval of the installation, filter material may be placed.
(3)Â
Prior to backfilling of seepage pits and/or fields,
the owner or installer shall notify the authorized agent of the Board,
who will inspect the installation. After written or oral approval,
backfill may be placed.
(4)Â
When backfilling, final grading and landscaping of
the sewage disposal system area have been completed, the owner or
installer shall notify the authorized agent of the Board, who will
inspect the installation.
C.Â
Certificate of final approval. If upon inspection
and receipt of an as-built drawing, it shall appear that the system
has been installed in a good, workmanlike and substantial manner in
full compliance with the code, this article and the plans and specifications
contained in the original or revised application for certification,
the authorized agent of the Board shall issue to the Construction
Official of the Township a certificate of final approval.
A.Â
No person, firm or corporation shall repair any individual
sewage disposal system without first applying for and procuring a
repair permit from the authorized agent of the Board.
B.Â
The word "repair" as used herein shall not be deemed
to include any major alterations, extension or reconstruction of a
system but only such correction or replacing of one or more but less
than all of the parts of a system which will restore its function
without enlarging, extending or changing the location of any of its
component parts exclusive of septic tanks.
A.Â
No person, firm or corporation shall alter any individual
sewage disposal system without first applying for and procuring an
alteration permit from the authorized agent of the Board.
B.Â
The word "alter" as used herein shall be deemed to
include the enlarging, reducing, extending or changing of the location
of any of a system's component parts.
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 the 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.
A.Â
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 human excrement or other putrescible,
hazardous or industrial matter, who do not hold a license to engage
in such business issued by the Board of Health. Such licenses shall
expire on December 31 of the year of issuance. 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.
B.Â
The contents of any septic tank, cesspool, privy or
other receptacle containing human excrement or other putrescible,
hazardous or industrial matter shall not be removed until a permit
for such removal has been obtained from the Board of Health.
C.Â
The following regulations shall govern the business
here referred to:
(1)Â
Permits. Permits shall be purchased from the Board
of Health, in book form, containing the number of individual permit
forms prescribed by the Board. A permit form shall be completed by
the person or corporation engaged in the business of cleaning or emptying
receptacles used for the reception and storage of human excrement
or other putrescible, hazardous or industrial matter for each location
that said vessels are emptied or cleaned on any given day. The duplicate
shall be given to the party for whom the vessels were cleaned or emptied;
the triplicate shall be retained by the person or corporation which
performed the service; and the original shall be forwarded to the
Montville Health Department within one week of performing the service.
(2)Â
Notification of proposed work. Prior to cleaning or
emptying any vessel as stated above, the person or corporation engaged
in the business of cleaning or emptying these vessels shall notify
the Montville Health Department prior to performing such service.
Should this notification be by means of the designated recorded telephone
line, the following information shall be provided: date and time of
call, name of person or corporation to perform the work, name and
address of the job location, expected date and approximate time of
service.
(3)Â
General. Only equipment inspected and approved by
the Board of Health shall be used in cleaning septic tanks or other
places used for the reception or storage of human excrement or other
putrescible, hazardous or industrial matter.
(4)Â
Mobile tanks. Mobile tanks shall be securely mounted
on trucks, shall be watertight and provided with a leakproof cover.
(5)Â
Venting of mobile tanks. Mobile tanks shall be provided
with a vent constructed in a manner that will permit the escape of
gas but not the liquid contained therein.
(6)Â
Pumps. Pumps shall be maintained in a condition that
will prevent leakage.
(7)Â
Hose. Only suction or pressure hose in good repair
shall be used.
(8)Â
Disposal. The contents of septic tanks, cesspools,
privies or other places used for the reception or storage of human
excrement or other putrescible, hazardous or industrial matter shall
be removed to a place and disposed of in a manner approved by the
Board of Health.
In case any permit or certification required
by this article is denied by the Board of Health, a hearing shall
be held thereon before the Board within 15 days after 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 violation, and,
thereafter, the work continued without any violation of any of the
provisions of the code, and 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 therein except
as aforesaid.
A.Â
No person, firm or corporation shall engage in the business of constructing, altering, repairing, reconstructing or excavating in any way any individual sewage disposal system in the Township of Montville without first obtaining a license therefor from the authorized agent of the Board of Health of the Township of Montville. The license fee for engaging in the business of constructing, altering, repairing or excavating in any way any individual sewage disposal system shall be as designated in § 430-16. Said license shall expire on December 31 of the year of issuance.
B.Â
Before the authorized agent of the Board of Health
shall issue any such license as provided hereinabove, applicants shall
give satisfactory evidence to a Board of Examiners, appointed by the
Board of Health as hereinafter provided, by written or oral examination,
or both, that the applicant is capable, proficient and qualified to
engage in such business and will not, in the conduct of such business,
endanger the health and safety of the community. The applicant shall
be examined on the matters contained in the code, together with all
amendments made thereto and all portions of this article.
C.Â
Said license shall be valid only for the term for
which issued and may be renewed upon proper application and payment
of the designated fee.
D.Â
No license issued hereunder shall be transferred for
any reason whatsoever. The Board of Health, after a hearing granted
to a holder of a license, upon five days' notice served at said licensee's
business or residence address as it appears on the records of the
Board, may suspend, revoke or cancel said license for any violation
of any of the provisions of this article or any other ordinance, rule,
regulation or order of the Board of Health relating to individual
sewage disposal systems. The Board may also revoke any license issued
through error or obtained by fraud.
[Added 10-13-2010 by Ord. No. BOH-2010-02]
All newly constructed, altered or repaired individual sewage disposal systems and all existing individual sewage disposal systems for which a license to operate was issued pursuant to the standards for individual subsurface sewage disposal, as promulgated by the New Jersey Department of Environmental Protection, shall require a license to operate from the Board of Health. All such licenses to operate shall be issued concurrently with the certificate of compliance or at such time as the on-site system has been placed into service. The fee for this license shall be in accordance with the schedule established in § 430-16. Each license to operate shall expire on September 30 of the third calendar year after its issuance. The license shall be transferable upon change of ownership of the property which is served by the system for which the license was issued. A license shall not be renewed unless the licensee has submitted the required fee established in § 430-16 and the following information to the Board of Health:
A.Â
Evidence
of the pumping of each septic tank which has been performed by a sewage
waste hauler registered with the Township and the New Jersey Department
of Environmental Protection in accordance with the requirements of
N.J.A.C. 7:26-3.1 et seq.; or
B.Â
A septic
system inspection report prepared by a licensed health officer, a
licensed professional engineer or a registered environmental health
specialist indicating that the system has been maintained, is not
malfunctioning and is not in need of pumping. In such case, a reinspection
report shall be required every year thereafter, on or before September
30, unless the septic tanks are pumped in the interim in which case
the license to operate shall be valid until September 30 of the third
calendar year after the pumping was completed.
[Amended 5-10-2010 by Ord. No. BOH-2010-01]
Fees and charges shall be as set forth in Chapter 169, Fee Schedule, for the following:
A.Â
Septic system design review, payable upon the filing
of an application for certification of a proposed individual subsurface
sewage disposal system design.
B.Â
Permit to construct, payable upon application for
issuance of a permit to locate or construct an individual subsurface
sewage disposal system for a new realty improvement.
C.Â
Permit to alter, payable upon application to alter
an existing individual subsurface sewage disposal system.
D.Â
Repair permit, payable upon application to repair
an existing individual subsurface sewage disposal system.
E.Â
For each reinspection of an individual subsurface
sewage disposal system or part thereof caused by the failure of the
permittee to locate and construct, repair or alter the same in accordance
with the terms of the permit issued or the terms of the aforesaid
code, payable before the reinspection shall be made.
F.Â
For the issuance or renewal of a license to a person
or corporation engaged in the business of cleaning or emptying receptacles
for the reception and storage of human excrement or other putrescible,
hazardous or industrial matter, payable upon application for the license
or renewal thereof.
G.Â
For the issuance of a permit to clean or empty receptacles
used for the reception or storage of human excrement or other putrescible,
hazardous or industrial matter at any one location on a given date.
H.Â
Witnessing or receiving resultant data, where applicable,
of soil permeability tests for each lot or proposed lot involved with
the construction of new or future realty improvements and for each
lot involved in the repair or alteration of an existing individual
subsurface sewage disposal system. Should subsequent tests be performed
on previously tested lots, the applicable fee shall apply to each
lot every time new testing is initiated.
I.Â
Septic system installer license, payable upon application
for issuance of a license or renewal thereof for a person or corporation
engaged in the business of constructing, altering, repairing or excavating
in any way any individual subsurface sewage disposal system and payable
upon application for the license or renewal thereof.
J.Â
For witnessing of a soil log, payable upon application
to witness an excavation to a depth as deemed necessary by the administrative
authority for the purpose of determining the predominate soil and
groundwater characteristics of the excavation without the performance
of a percolation test.
K.Â
License to operate, payable upon application for the
issuance or renewal of said license.
A.Â
Any person or corporation who violates any of the
provisions of or any order promulgated under this article or the code
made a part hereof shall be fined, upon conviction, not less than
$50 nor more than $1,000 for each violation.
[Amended 2-28-2006 by Ord. No. 2006-09; 5-10-2010 by Ord. No. BOH-2010-01]
B.Â
Each day that a particular violation continues shall
constitute a separate offense.
[Adopted by BOH Ord. No. 1999-1 as
Ch. 17.28 of the 1998 Code]
[Amended by Ord. No. 2000-9]
As used in this article, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
Any building or structure heretofore or hereafter constructed
and designed or used for residential, business or industrial purposes,
either temporary or permanent, or for other use or occupancy by persons
or property in which liquid wastes originate.
When used with respect to a building constructed prior to
the date of the initial operation, as part of any sanitary sewage
treatment and disposal system in the Township owned or operated by
the Township or the Montville Township Water and Sewer Department,
of a sewer available to serve said building, means the 180th day next
ensuing after said date of initial operation. When used with respect
to a building constructed after the date of initial operation, as
a part of any sanitary sewage treatment and disposal system owned
or operated by the Township or said Water and Sewer Department, of
a sewer available to serve said building, "connection date" means
the 30th day after the date of completion of construction or the date
of initial occupancy of said building, whichever of said dates shall
be earlier in point of time.
Any public sewer line or main designed or used for collection
or disposal of sanitary sewage within the Township.
The owner of each property along the line of
any public sewer now or hereafter constructed in the Township shall
connect each building on such property with the sewer line prior to
the connection date with respect to said building.
Every connection required by this article shall
be made with soil pipe of cast iron, caulked and leaded, extending
from inside the building foundation to a sewer. All soil pipes shall
be not less than four inches in diameter, and every connection required
by this article shall be made in a manner to discharge into said sewer
all sanitary sewage originating in the building and in all other respects
as required by any Plumbing Code and amendments thereto adopted by
the Township or the Township Board of Health.[1]
[Amended by Ord. No. 2000-9]
Upon receipt by this Board of notification from
the Montville Township Water and Sewer Department or from the Township
that any sewer is available to serve buildings on any properties in
the Township, the Board of Health shall order each owner of property
along the line of said sewer to connect each building on such property
with said sewer in accordance with the terms of this article, except
that where the topography of the land in relation to the line of the
public sewer requires the installation of pumping equipment to dispose
of sewage rather than by gravity flow, or for reasons inimical to
the individual property, a hardship exists, then the owner may make
application by letter addressed to the Board of Health for relief
from the terms of this article. If after hearing by the Board of Health
it is determined that a hardship exists as to the individual property
owner, then an order may be entered by the Board of Health granting
an exception to the provisions hereof as to the individual property.
The determination of hardship as to each individual property shall
lie exclusively with the Board of Health.
The Board of Health shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 430-21. Such notice shall be addressed to the owner of said property as the name of said owner appears in the last tax duplicate of the Township of Montville, shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Montville and by the street address if a street address exists, and shall state that by order of the Board of Health the owner is required to connect each building on said property with a sewer in accordance with the terms of this article on or before the connection date with respect to such building or, if such connection date shall have passed, within 30 days after service of such notice as hereinafter provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this article. Said notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. Said notice may also be served within or without the limits of the Township of Montville by mailing the same by registered mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Montville.
[Amended by Ord. No. 2000-9]
A.Â
Any person or corporation who shall not comply with
any order issued in accordance with the provisions hereof within 30
days after notice by the proper officer of the Board of Health as
hereinabove provided shall, upon complaint by the Montville Township
Water and Sewer Department or any other person, be fined, upon conviction,
not less than $50 nor more than $1,000 for each violation.
[Amended 2-28-2006 by Ord. No. 2006-09; 5-10-2010 by Ord. No. BOH-2010-01]
B.Â
Each day that a violation continues shall constitute
a separate offense.
