[HISTORY: Adopted by the Board of Health of the Borough of Glen Gardner:
Art. I, 12-18-1990 by Ord. No. BOH 90-2; Art. II, 12-22-1981.
Amendments noted where applicable.]
[Adopted 12-18-1990 by Ord. No. BOH 90-2]
On January 1, 1990, new state regulations concerning the location, design,
construction, installation, operation and maintenance of subsurface sewage
disposal systems became effective. A copy of those regulations are attached
hereto and made a part hereof without the inclusion of the actual text of
the regulations in this article, pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6.
Pursuant to authority granted under N.J.S.A. 26:3-69.1 through 26:3-69.6 and
N.J.A.C. 7:9A-3.1, the Board of Health hereby adopts those regulations.
The regulations established and adopted by this article are described
and commonly known as "Standards for Individual Subsurface Sewage Disposal
Systems" and are set forth in the New Jersey Administrative Code, Title 7,
Chapter 9A, commonly cited as N.J.A.C. 7:9A-1.1, et seq. Pursuant to N.J.S.A.
26:3-69.2, three copies of the regulations have been placed on file in the
office of the Secretary of the Board of Health upon the introduction of this
article and will remain on file until final action is taken on this article
for the use and examination of the public.
No person shall locate, construct or alter any individual sewage disposal
system until a permit for the location, construction, alteration or repairs
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 article
and applicable local ordinances. The Administrative Authority reserves the
right to impose additional requirements when in its judgment, or its authorized
agents' judgment, such requirements are warranted.
All individual subsurface sewage disposal systems constructed, repaired
or certified for operation after the effective date of this article 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 dwellings 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 Municipal Code
and the provisions of N.J.A.C. 7:9A-1.1 et seq.
Any application approved under the standards of N.J.A.C. 7:9A-1.1 et
seq., effective January 1, 1990, 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.
A.
The following fees and charges are herewith established:
(1)
For the filing of an application and plans to locate
and construct an individual sewage disposal system, plan review, site inspection,
issuance of permit and installation inspection: $200.
(2)
The license fee for operating an individual subsurface
sewage disposal system for three years: $15.
(3)
Annual fee for license to operate an individual subsurface
sewage disposal system: $5.
(4)
For the filing of an application and plans for a permit
to alter an existing individual sewage disposal system and issue said permit:
$100.
(5)
For filing an application for repair: $50.
(6)
Application renewal fee: $50.
(7)
To witness two percolation tests, pit bailing, basin
flooding or other approved testing, and two soil borings per lot, per day
or part thereof: $75.
(8)
To witness additional percolation or other tests or soil
borings (per test or boring per day or part thereof): $25.
B.
Notice of cancellation or postponement of percolation
or other tests or soil borings must be given to the Board of Health Secretary
at least 24 hours before the scheduled tests/borings; otherwise the minimum
fee shall be charged. The minimum fee shall also be charged whenever the Board
of Health representative is in attendance at the property to be tested, regardless
of whether the tests/borings are performed or completed. The minimum fee shall
be payable for each day or part thereof of attendance by the Board of Health
representative. Attendance at each additional day or part thereof shall require
the payment of the additional minimum fee specified above.
C.
All fees shall be payable in advance. The Board of Health
representative shall not schedule or witness any tests/borings, conduct any
reviews or inspections, issue any permits or render any other services until
payment is received in full.
In addition to the fees set forth above, if review of any application
is required by the municipal Board of Health or governing body, the applicant
shall deposit with the municipality an escrow deposit in the amount of $250
to be applied to the cost of professional review of the application by the
Municipal Engineer and other professionals. The escrow deposit shall be administered
in the same manner as escrow deposits received by the municipality in accordance
with the Municipal Land Use Code,[1] and the municipality may require replenishment of the escrow for review of applications for permits under this article in the same manner as provided in Chapter 104, Land Use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Any violation of the provisions of this article shall be punishable
by a fine of not less than $5 nor more than $500. In addition, the court may
commit an offender to no more than 90 days' imprisonment for failure
to pay a fine pursuant to N.J.S.A. 26:3-77. Each day that the violation continues
to exist shall constitute a separate offense.
[Adopted 12-22-1981]
This article shall be known and may be cited as "Individual Sewage and
Non-Public Water System Ordinance."
A.
BOARD OF HEALTH
PERSON
As used in this article, the following terms shall have
the meanings indicated:
The Board of Health of the Borough of Glen Gardner or its duly authorized
agent, designee, representative or Health Officer, including the Hunterdon
County Health Director or the Hunterdon County Health Department.
Property owner, contractor, legal representative or any individual(s),
corporation, company, association, society, firm, partnership or joint-stock
company.
B.
All other definitions provided in Standards for Construction
of Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9-2.1 et seq.)
and Standards for Construction of Public Non-Community and Non-Public Water
Systems (N.J.A.C. 7:10-3.1 et seq.) are hereby incorporated by reference and
made a part hereof.
No person shall locate, construct, repair, enlarge, remove, demolish
and/or alter any part of individual subsurface sewage disposal system and
nonpublic water system unless and until a permit for such purpose has first
been secured from the Board of Health upon submitting an application in accordance
with Standards for Construction of Individual Subsurface Sewage Disposal Systems
(hereinafter referred to as "Sewage Disposal System Standards") and Standards
for Construction of Public Non-Community and Non-Public Water Systems (hereinafter
referred to as "Water System Standards") under the authority of the Realty
Improvement Sewerage and Facilities Act (Chapter 199, P.L. 1954; N.J.S.A.
58:11-23 et seq.) and the New Jersey Safe Drinking Water Act (Chapter 224,
P.L. 1977; N.J.S.A. 58:12A-1 et seq.), and/or in accordance with other health-related
codes and regulations administered by the Board of Health.
A.
No building permit for the construction of any realty
improvement, to be served by individual subsurface sewage disposal system
and/or nonpublic water system, shall be issued, nor shall the construction
of any realty improvement be started, until a permit has been secured from
the Board of Health to locate and construct a proposed individual subsurface
sewage disposal system and/or nonpublic water system (N.J.S.A. 58:11-25).
B.
No certificate of occupancy shall be issued for the said realty improvement unless and until a written statement is obtained from the Board of Health certifying that the proposed sewage disposal system and/or water system are in compliance with said state laws and standards described in § 186-13.
C.
New individual subsurface sewage disposal systems and/or
nonpublic water systems shall not be placed in operation, nor shall new dwellings
or buildings or additions thereto be sold or occupied which must rely on the
systems for sewage disposal and/or water supply, until the Board of Health
shall have issued a certificate indicating that said disposal system and/or
water system has been located and constructed in compliance with the terms
of the permit issued and the requirements of the aforesaid standards and state
laws.
D.
No building permit for construction or expansion of parking
lot shall be issued to any existing realty improvement served by individual
sewage disposal system unless and until the Board of Health is assured that
the parking lot construction or expansion is not hindering function of disposal
system as a result of covering the system or by creating surface runoff to
collect onto the disposal system area.
E.
No final subdivision approval shall be granted for a
proposed realty improvement which will rely on individual subsurface disposal
system or nonpublic water supply system unless and until the Board of Health
is satisfied that the proposed lots will support an on-site subsurface sewage
disposal system in accordance with this article and said state standards and
laws.
A.
Prior to submission to the Board of Health of an application
for location or construction of any subsurface sewage disposal system, percolation
test, soil boring and groundwater determinations shall be performed under
the supervision of a licensed professional engineer, a licensed health officer
or a first-grade licensed sanitarian and witnessed by a duly authorized agent
of the Board of Health unless aforesaid procedures are otherwise waived by
the Board of Health (N.J.A.C. 7:9-2.60 and N.J.A.C. 7:9-2.61).
B.
Request for a witness from the Board of Health shall be arranged at least two working days in advance. At least two acceptable percolation tests and one acceptable soil test boring will be required per individual building site. Percolation tests shall be no closer than 20 feet and no further than 40 feet apart. Notwithstanding the above, a single percolation test and soil test boring per individual building site shall be sufficient for a period of three years from the date of final passage of this article, provided that such single percolation test and soil test boring shall be otherwise acceptable and valid in accordance with the standards of N.J.A.C. 7:9-2.1 et seq. or in accordance with N.J.A.C. 7:9-2.98 (see § 186-29).
C.
Application for permit to locate, construct or alter
an individual subsurface sewage disposal system shall be in a written form
and shall be made on a formal application blank provided by the Board of Health.
Such application shall include but not be limited to all requirements described
in N.J.A.C. 7:9-2.95 and/or N.J.A.C. 7:9-2.96 and any amendments thereof or
supplements thereto. Three copies of application shall be submitted and each
application shall include necessary engineering data and plans by a professional
engineer certifying that the proposed sewage disposal system will be in compliance
with the Realty Improvement Sewerage and Facilities Act and the Sewage Disposal
System Standards. A formal application procedure for a minor alteration to
existing sewage disposal system may be waived by the Board of Health if it
finds the said formal application procedure is impractical.
Revision of plans of proposed individual sewage disposal systems shall
be approved only with the written consent of the Board of Health. The Board
of Health may require such revision of plans as it deems necessary if conditions
found prior to or during construction warrant such change in order to obtain
compliance with the provisions of this article.
The Board of Health or its designee may make sufficient inspections
during the course of construction or alteration of any individual sewage disposal
system to determine if the soil beneath the septic tank, distribution box
or seepage pit is adequate to support such structure; if excavation for the
disposal area or seepage pits disclose a type of soil and groundwater table,
if encountered, that will confirm the results of percolation tests and soil
borings and that the system has been constructed in accordance with the provisions
of this article. The Board of Health may require additional percolation tests
in the actual disposal area or at the stratum to be used for sewage disposal.
The Board of Health shall issue or deny a permit to locate, construct
and alter individual subsurface sewage disposal system within 15 days after
receiving a formal application or a request for the said permit, except in
the case that it finds the application in incomplete form submitted by the
applicant. Denial of said permit shall be supported by a statement of the
reasons for such action (N.J.S.A. 58:11-28). Said permit shall be valid for
two years after the date of issuance. Thereafter, new application procedure
shall be required unless extension of permit is otherwise granted.
If any change in the physical conditions of any lands with realty improvements
and/or any change in original design criteria of sewage disposal system (which
will materially affect the operation of sewerage facilities covered by any
permit issued under this article) shall be made after issuance of the permit,
the permit shall become null and void, and a new permit shall be obtained
before construction shall proceed (N.J.S.A. 58:11-30).
A.
Individual sewage disposal systems shall not be placed
in service until a certificate has been issued by the Board of Health indicating
that the said disposal system has been located, constructed or altered in
compliance with this article. The Borough Building Subcode Official, who is
responsible for the issuance of occupancy permits, shall be furnished a copy
of this certificate of occupancy permit.
B.
The issuance of a certificate of compliance shall only
constitute certification that the individual sewage disposal system has been
constructed in compliance with this article. It shall not be construed as
a guaranty that the system will function satisfactorily, nor shall it in any
way restrict the powers or responsibilities of the Board of Health and/or
Sanitary Inspectors in the enforcement of any law or ordinance relating to
public health.
A.
An application for permit to locate, construct or alter
public noncommunity or nonpublic water system(s) shall be in a written form
and shall be made on a formal application blank provided by the Board of Health.
Three copies of application shall be submitted, and each application shall
include but not be limited to requirements described in N.J.A.C. 7:10-3.90
and N.J.A.C. 7:10-3.91 and/or N.J.A.C. 7:10-3.92 and any amendments thereof
or supplements thereto. Upon receiving a well-drilling permit from the Department
of Environmental Protection, an application shall be submitted by a well driller
who holds a valid license issued by the N.J. State Well Driller Examining
and Advisory Board or a N. J. professional engineer certifying that the proposed
water system will be in compliance with the Realty Improvement Sewerage and
Facilities Act, N.J. Safe Drinking Water Act, and Standards for the Construction
of Public Non-Community and Non-Public Water Systems.
B.
A formal application procedure for a minor alteration
to existing water system may be waived by the Board of Health if it finds
the said formal application procedure is impractical.
The Board of Health shall issue or deny a permit to locate, construct
or alter nonpublic or noncommunity water system within 15 days after receiving
a formal application. The said permit shall be furnished to the Borough Building
Subcode Official for a building permit.
If any realty improvement will solely rely on the proposed nonpublic
supply system as potable water source, no certificate of occupancy shall be
issued nor water system be placed in operation for human consumption unless
and until the Board of Health has certified that the water system is in compliance
with bacteriological standards of the State of New Jersey.
No persons or corporation shall install, construct or alter any sewerage
facilities or water supply system for a realty improvement which are not in
accordance with the provisions of the application, or any amendment thereof
or supplement thereto, made for any permit on which a permit shall be issued
as herein provided (N.J.S.A. 58:11-38).
The Board of Health shall have the right to order all further work in
and about any sewerage facilities or water supply system, which is being constructed
or altered in violation of this article, to be stopped forthwith, except such
work as shall be necessary to remedy such violation, and, thereafter, to continue
such work without any violation of any of the provisions of this article (N.J.S.A.
58:11-49).
The Board of Health, or its duly authorized designee, shall have the
power to make or cause to be made such inspections, tests and surveys as may
be necessary to carry out the purpose of this article, and, at all times,
he or she shall have the right to enter upon lands of realty improvements
for said purpose (N.J.S.A. 58:11-32).
In case of any permit, certificate or registration required by this
article is denied by the Board of Health, a hearing shall be held thereon
before the Board of Health within 15 days after request therefor is made by
the applicant, and upon such hearing the Board of Health may affirm, alter
or rescind its previous determination and take action accordingly within 15
days after the date of such hearing.
The following fees and charges are herewith established (N.J.S.A. 26:3-31):
A.
In accordance with N.J.A.C. 7:9-2.98, percolation test
results, soil log test results and tests to determine depth to groundwater
taken prior to the effective date of these regulations may be used as design
criteria until January 1, 1981, or such further dates as may be extended by
amendment, for the installation of an individual sewage disposal system, provided
that the following conditions are met:
(1)
Such tests compiled with the regulations in effect at
the time they were taken;
(2)
A system substantially complying with the provisions
of these reserved regulations is proposed;
(3)
The experience of the Administrative Authority has indicated
that disposal fields in the immediate area, being of similar nature and size
and handling equal volumes of sewage and constructed in soils having similar
characteristics, have functioned satisfactorily (without having an adverse
impact on surrounding water quality) for a reasonable period of time. Pollution
of surrounding wells from sanitary sewage is prima facie evidence of disposal
field malfunction.
B.
In the event of a rejection by the Administrative Authority,
the rejection shall be in writing, and the reasons therefor and the data relied
upon shall be stated in the rejection, and a copy of the rejection shall be
mailed to the applicant within 10 days of the rejection.
A.
Any person, firm or corporation violating any of the
provisions of or any order promulgated under this article made a part hereof
shall, upon conviction thereof, pay a penalty of not more than $500 nor less
than $5 for each violation (N.J.S.A. 26:3-70). In addition, the court may
commit an offender to no more than 90 days' imprisonment for failure
to pay a fine, pursuant to N.J.S.A. 26:3-77.[1]
B.
Each day a particular violation continues
shall constitute a separate offense.
