[HISTORY: Adopted by the Board of Health
of the Borough of Mendham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-4-1974 as Ch. 124 of the 1974 Code; amended in its entirety 9-5-1979 by Ord. No. 2-79]
For purposes of this article, the following
terms shall have the meanings set forth:
The Board of Health of the Borough of Mendham.
A certificate issued by the Board of Health or its duly authorized
agent certifying that an individual water supply system has been installed
in such manner as to meet the requirements of the Realty Improvement
Sewerage and Facilities Act (1954), Standards for Construction for
Subsurface Disposal Systems or Standards for Construction of Public
Non-Community and Non-Public Water Systems and higher standards prescribed
by this article, and all terms and conditions of approval imposed
by the Board of Health with respect to such system upon the issuance
therefor of the certificate of compliance (location band design).
A certificate issued by the Board of Health certifying that
a proposed individual sewage disposal system or a proposed individual
water supply system or an alteration of any such system is in compliance
with the provisions of the Standards for Construction for Subsurface
Disposal Systems or Standards for Construction of Public Non-Community
and Non-Public Water Systems and any higher standards prescribed by
this article.
Any system for the disposal of sewage other than a sanitary
sewer system.
Any system for the supply of water for potable or domestic
purposes other than a public system approved by the State Department
of Environmental Protection.
Any individual, firm, corporation, partnership, association
or other organization.
An engineer licensed to practice professional engineering
in the State of New Jersey.
A system collecting sewage from various premises for treatment
and disposal of a sewage disposal plant approved by the State Department
of Environmental Protection.
No individual sewage disposal system shall be
installed upon a property served by a sanitary sewer system. A property
shall be deemed to be served by a sanitary sewer system whenever a
house connection or lateral sewer or such system is within 100 feet
of such property. No individual water supply system shall be installed
upon a property served by a public water system approved by the State
Department of Environmental Protection.
No person shall locate, construct or alter an
individual sewage disposal system or an individual water supply system
until the Board of Health shall have issued a certificate of compliance
(location and design) with respect to such system.
The individual sewage disposal system or individual
water supply system shall be placed in service or operation until
the Board of Health or its duly authorized agent shall have issued
a certificate of compliance (installation) with respect to such system.
No such certificate shall be issued until the owner or developer shall
have furnished to the Board of Health an as-built plan of the system
prepared and sealed by a professional engineer, which plan shall include
the exact location of any septic tank, seepage pit, disposal field
and/or well in relation to the foundation of the building served by
the system.
[Amended 6-3-1998 by Ord. No. 1-98; 6-7-1999 by Ord. No. 15-99]
The regulations promulgated by the State Commissioner
of Environmental Protection, pursuant to the Realty Improvement Sewerage
and Facilities Act (1954) and N.J.A.C. 7:9A-1 et seq., Standards for
Individual Subsurface Sewage Disposal Systems, are of full force and
effect in the Borough of Mendham, except that the following regulations
or higher standards are hereby prescribed:
A.
Disposal areas, including disposal trenches, disposal
beds and seepage pits, shall be located in compliance with the following
table of minimum distances:
|
Structure or Facility
|
Minimum Distance from Disposal Area
(feet)
| |
|---|---|---|
|
Property line
|
25
|
B.
Construction of sewage disposal systems. All construction
for sewage disposal systems shall be completed within 10 business
days from the commencement of the installation of the sewage disposal
system.
(1)
A request for an extension of the above ten-day period
must be in writing to the Borough Engineer and Health Officer. Construction
shall be deemed to have commenced when the excavation for the disposal
area, septic tank or other components begins. Construction will be
complete when the final grading of the disturbed areas is complete.
The house connection need not be constructed for the work to be deemed
complete.
(2)
If the owner/applicant fails to complete installation
of the sewage disposal system within 10 business days, the Health
Officer shall make daily inspections of the systems until it is completed.
C.
N.J.A.C. 7:9A-8.2(l)2, Manholes. Manholes shall be
extended flush with finished grade with covers locked or bolted.
[Amended 6-7-1999 by Ord. No. 15-99]
The regulations promulgated by the State Commissioner
of Environmental Protection on January 23, 1978, pursuant to the Realty
Improvement Sewerage and Facilities Act (1954) and the Safe Drinking
Water Act Regulations, N.J.A.C. 7:10-1 et seq., are of full force
and effect in the Borough of Mendham, except that the following regulations
or higher standards are hereby prescribed:
A.
Location of wells. Every well shall be located at
a higher elevation than any individual sewage disposal system serving
the same property unless site conditions peculiar to a property render
this requirement unreasonable.
B.
Storage of water. Water shall be stored only in impervious
tanks protected against surface drainage. All tanks shall be provided
with watertight covers, and any overflow or ventilation openings shall
be covered with a metallic screen of not less than 16 mesh to prevent
the entrance of insects and vermin. No storage tank shall have a drainage
connection directly to a sewer.
C.
Distribution system.
(1)
The distribution system shall conform to recognized
and generally accepted engineering practices.
(2)
When potable and nonpotable water are used on the
same premises or where other piping systems are present, each piping
system shall be properly identified.
(3)
Each and every outlet of a nonpotable water supply
shall be conspicuously identified by the posting and maintaining of
a permanent sign or notice reading "not for drinking or culinary purposes."
These spigots or valves shall include locking devices.
D.
Protection of potable water supply. Water from approved
public potable water supplies, nonpotable water supplies or water
supplies from a private source acceptable to the Board of Health shall
be distributed through piping systems entirely independent of each
other. Cross-connections or physical connections between an approved
public potable water supply and an unapproved water supply are prohibited.
Individual or semipublic water supplies acceptable to the Board of
Health shall not be physically cross-connected to water supplies not
having such acceptance.
No employee of the Board of Health shall have
any authority to make exceptions to the requirements established by
Standards for the Construction for Subsurface Disposal Systems, Standards
for Construction of Public Non-Community and Non-Public Water Systems
or the higher standards established by this article.
A.
All applications for the certification required by § 232-3 shall be made upon forms to be supplied by the Board of Health for that purpose; a separate application shall be filed and a separate certification issued for each installation.
B.
Every application for a certificate of compliance
(location and design) shall contain, in addition to the information
required by the Realty Improvement Sewerage and Facilities Act (1954),
Standards for the Construction of Public Non-Community and Non-Public
Water Systems, a statement signed and sealed by a professional engineer
that the location and design of the proposed system are in compliance
with the Act and Standards and any higher standards prescribed by
this article. Seven copies of the engineer's design plan and application
shall be provided to the Board of Health 10 days prior to the scheduled
Board meeting. Before approval by the Board, every application shall
be endorsed with a statement to similar effect by one of the following
qualified persons:
A.
All stages of the construction of an individual sewage
disposal system shall be subject to inspection by a duly authorized
representative of the Board of Health to determine compliance with
the terms of the certificate of compliance (location and design) issued
therefor. The Board of Health shall be notified at least five working
days prior to the commencement of the construction of any such system.
During the course of construction, inspections shall be made as follows:
B.
No part of an individual sewage disposal system shall
be covered from view until the second inspection enumerated above
has been made and the construction work approved.
C.
Additional inspections may be made at the discretion
of any duly authorized representative of the Board of Health.
D.
Construction work at each stage shall be completed
in such manner as to minimize the number of inspections required.
A.
A duly authorized representative of the Board of Health
shall make sufficient inspections during the construction of an individual
water supply system to determine compliance with the terms of the
certificate of compliance (location and design) issued therefor. The
Board of Health shall be notified at least five working days prior
to the commencement of the construction of any such system.
B.
The final inspection of an individual water supply
system shall include the collection of a sufficient number of samples
for analysis to determine whether the water meets the potable water
standards adopted by the State Department of Environmental Protection.
A certificate of compliance (installation) shall not be issued for
a water supply system failing to satisfy the potable water standards.
A.
The Board of Health may test in any appropriate manner
any materials, construction, products or units comprising any part
of any individual sewage disposal system or any individual water supply
system in order to determine compliance with applicable requirements
of state laws and standards and the provisions of this article.
B.
The Board of Health may take and test samples of water
from any individual water supply system whenever the Board has reason
to believe that the water supplied by such system fails to meet the
potable water standards adopted by the State Department of Environmental
Protection. In the event that a sample does not meet such standards,
the Board of Health may order that the use of the individual water
supply system from which such sample was taken shall be immediately
terminated.
The Board of Health may order all further work
in and about any individual sewage disposal system or individual water
supply system which is being erected or installed in violation of
the Realty Improvement Sewerage and Facilities Act (1954), Standards
for the Construction for Subsurface Disposal Systems, Standards for
the Construction of Public Non-Community and Non-Public Water Systems
or in violation of any provision 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 the regulations; 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 water supply system or any part thereof, no further work
shall be done thereon except as aforesaid.
A.
Every certificate of compliance (location and design)
issued pursuant to this article shall expire one year after the date
of issuance, unless prior to such time construction of the realty
improvement with respect to which the certificate was issued shall
have been commenced, in which event the certificate shall remain valid
and in effect for a period of two years from the date of issuance.
B.
The Board of Health may in its discretion renew a certificate which has expired under the provisions of this section. Such renewal shall be subject to the provisions of this section. A fee as set forth in Chapter 102, Fees, shall be charged for the renewal of a certificate of compliance (location and design).
Any person aggrieved by a denial of any certification
required by this article or by any order or other dispositive determination
of the Board of Health with respect to an individual sewage disposal
system or an individual water supply system shall be entitled to a
hearing thereon before the Board of Health within 15 days after written
request therefor is made by the person claiming to be adversely affected.
Upon such hearing or within 15 days thereafter, the Board shall affirm,
alter or rescind the previous action with written findings and conclusions.
[Amended 10-3-1984 by Ord. No. 1-84; 2-5-1992 by Ord. No. 1-92; 7-6-1994 by Ord. No. 3-94]
Fees shall be as set forth in Chapter 102, Fees.
[Amended 6-7-1999 by Ord. No. 15-99; 2-2-2022 by Ord. No. BH 01-2021]
Any persons, including but not limited to a
licensed septic contractor, who shall violate any provision of this
article or any order of the Board of Health issued pursuant to this
article, shall be subject to a fine not more than $2,000 in accordance
with N.J.S.A. 40:49-5; provided, however, that this penalty provision
shall not apply to violations of the Realty Improvement Sewerage and
Facilities Act (1954), for which a penalty provision is set forth
in N.J.S.A. 58:11-39. In addition, violations of any provision of
this article shall be a violation of the New Jersey Water Pollution
Control Act, N.J.S.A. 58:10A-1 et seq., and the violator shall be
subject to assessment of civil administrative penalties pursuant to
the provisions of N.J.A.C. 7:14-8.
[Adopted 12-1-2010 by Ord. No. BH 1-10]
Advanced wastewater technology, which is alternative to the
standard technology allowed by N.J.A.C. 7:9A-1 et seq., may be approved
at the discretion of the Mendham Board of Health administrative authority
to repair or alter existing, malfunctioning septic systems in cases
where site constraints do not all for a repaired or altered system
that is fully compliant with the requirements of N.J.S.A. 7:9A-1 et
seq.
As used in this article, the following terms shall have the
meanings indicated:
Any component or system, which is part of an individual subsurface
sewage disposal system, that is employed to reduce levels of pollution
or convey pollutants to the subsurface environment that is not addressed
or is not designated for administrative authority approval in N.J.A.C.
7:9A.
Each system that incorporates advanced technology shall be subject
to the following conditions:
A.
Alternative wastewater treatment systems that are equipped with automatic dialing capability or other automatic notification to the manufacturer, or its agent, in the event of a mechanical malfunction shall be covered by a minimum three-year warranty that cannot be cancelable and must be renewed. This warranty must include provisions for the manufacturer or its agent to inspect the system at least once a year and undertake any maintenance of repairs to problems associated with the inadequate function of the disposal system determined to be necessary during any such inspection or as a result of observations made at any other time. Reporting of the system inspection and maintenance shall be performed as described in Subsection C below.
B.
Alternative wastewater treatment technology which does not include automatic notification capabilities described in Subsection A above shall be covered by a minimum five-year warranty that cannot be cancelable and must be renewed and which includes provisions for the manufacturer or its agent to inspect the system at least once every three months (quarterly) and undertake any maintenance or repairs to problems associated with the inadequate function of the disposal system determined to be necessary during any such inspection or as a result of observations made at any other time. Reporting of the system inspection and maintenance shall be performed as described in Subsection C below.
C.
A copy of the maintenance contract and warranty for the system must
be submitted to the Mendham Borough Board of Health administrative
authority prior to the issuance of a license to operate,
D.
An annual report shall be submitted to the Mendham Borough Board of Health administrative authority by the system manufacturer, or authorized agent, identifying each system, the status of the maintenance contract, identification of any service problems associated with those systems and how they were corrected. Any system that does not renew its warranty and/or provide an annual report shall be deemed a nuisance pursuant to this article, subject to a separate violation for every day the maintenance contract is not renewed in accordance with § 232-25.
E.
The property owner shall be required to record with the deed to the
property a notice that identifies this technology, acknowledges the
owner's responsibility to operate and maintain it and grants access
to the property for the purpose of mandatory annual system monitoring
and inspection by the Mendham Borough Board of Health or its agents.
The property owner shall provide this notification to a purchaser
of the property, prior to entering into any contract for real estate
transfer, acknowledging the presence and requirements of the advanced
technology that exists on the property. This notification shall include
a copy of the manufacturer's owner's manual for the technology and
a copy of the requirements for the system owner listed in this article.
F.
In accordance with applicable law, the NJDEP or Mendham Borough Board
of Health administrative authority may require the owner of the advanced
wastewater treatment technology to cease use of this alternative technology
and/or to take any other actions, as it deems necessary to protect
public health, safety, welfare or the environment.
The Manufacturer of an advanced wastewater treatment system
to be constructed upon a property in the Borough of Mendham shall
be required to provide the following to the Mendham Borough Board
of Health or its designee upon request:
No owner or occupant of a property in the Borough of Mendham
upon which an advanced wastewater treatment system is located shall
operate or otherwise use the system unless a currently valid license
to operate the system has been issued by the Mendham Borough Board
of Health administrative authority to the owner of the property on
which the system is located.
A.
Requirements for license. The Mendham Board of Health administrative authority may issue a license to operate to the owner of a property, subject to compliance with the provisions of this article and upon issuance of a certificate of compliance for any system using advanced wastewater treatment or disposal technologies. All licenses issued pursuant to this section shall be on a form provided by the Mendham Borough Board of Health upon payment of the applicable fees outlined in § 232-23.
B.
Expiration/renewal. The license to operate an advanced wastewater treatment system shall be renewed annually by the Mendham Borough Board of Health administrative authority upon receipt of the required fee and satisfaction of the annual reporting requirements outlined in § 232-19. A license shall be transferrable upon change of ownership or occupancy of the premises for which the license has been issued upon payment of the applicable renewal fees outlined in § 232-23. Any system that does not renew its licensure shall be deemed a nuisance pursuant to this article, subject to a separate violation for every day the license to operate is not renewed, in accordance with the provisions of § 232-25 of this article.
C.
Suspension of license. The Mendham Borough Board of Health or its
agents may suspend or revoke the license to operated under the following
circumstances:
(1)
It has been determined that the system is malfunctioning based upon
criteria provided in N.J.A.C. 7:9A-3.4(a) and the licensee fails to
take immediate steps to correct said malfunction as directed by the
Mendham Borough Board of Health.
(2)
The owner or occupant of the premises served by the system violates
any provision of this article with respect to operation, maintenance,
and/or reporting for the system; or
(3)
The owner or occupant of the premises served by the system denies
the right of entry to the Mendham Borough Board of Health or its designee,
or to the NJDEP, as required in N.J.A.C. 7:9A-3.19, or in any way
interferes with the administration or enforcement of this article.
The Mendham Borough Board of Health administrative authority may approve, at their discretion, the use of a peat biolfilter advanced wastewater treatment system, in accordance with the provisions of § 232-19 and this article, when it is used to alter existing, malfunctioning systems in conjunction with the treatment and disposal of sanitary sewage for single-family residences only. Nonsanitary sewage generated or used at the facility shall not be introduced into the on-site sewage disposal system and shall be lawfully disposed of. Any alteration to a system which includes a peat biofilter in its design shall be subject to the following conditions:
A.
Systems incorporating peat biofilters shall also include an effluent
filter in the design, as recommended by the individual manufacturer.
B.
Permeability testing to determine the size of a disposal area (100%
and reduced sized areas) shall be completed in native soils. Testing
conducted on fill material shall not be used. Permeability testing
shall be conducted within the least permeable soil unit within the
zone of disposal.
C.
Bed sizing for systems incorporating open bottom peat biofilters shall be designed in accordance with the NJDEP reduction allowances for peat biofilter disposal fields. In any case, the bed size for open bottom peat biofilter chambers shall be based on the permeability test results of the native soil type, which shall be applied to the corresponding reduced loading rates provided in the table setting forth the minimum bed size, in § 232-24. However, if the permeability of the native soil within the zone of disposal for a soil replacement system is greater than 20 inches per hour, the design engineer may use a design value of six inches per hour for the purposes of designing the disposal field. For areas where only a basin flood test is possible, a permeability of 0.2 inches per hour shall be used for a passing basin flood test. However, if the basin flooding test drains in less than three hours on each and every filling, the permeability of the select fill may be used, provided percolation testing or tube permeameter testing is completed in the fill material after emplacement and compaction of the material.
In addition to the appropriate fees set forth in the Borough's
Code, the following fees and charges are established:
A.
For licensure as an installer of an alternative wastewater treatment
technology, $250 for each individual or corporation requesting licensure
within the Borough, and possessing certification from the system manufacturer
as a qualified system installer.
B.
For annual renewal as an installer of an alternative wastewater treatment
technology, $150 per individual or corporation requesting renewal
of licensure within the Borough.
C.
For the filing of an initial license to operate an alternative wastewater
treatment Technology, $100.
D.
For the filing of an annual renewal of a license to operate an alternative
wastewater treatment technology, $50.
E.
For the filing of each alternative wastewater treatment technology
warranty renewal, $10.
F.
Late fee for the filing of an annual renewal of a license to operate
an alternative wastewater treatment technology, $50.
Minimum bed sizes are as follows:
|
MINIMUM BED SIZE
(square feet)
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Soil Class
|
Permeability
(inches per hour)
|
Percolation Rate
(minutes per inch)
|
A/Q
(square feet/ gallons per day)
|
Adjusted A/Q
(square feet/ gallons per day)
|
350 gallons per day/ 2 Bedroom
|
500 gallons per day/ 3 Bedroom
|
650 gallons per day/ 4 Bedroom
|
800 gallons per day/ Bedroom
|
|
K4
|
6-20
|
3-15
|
1.61
|
1.233
|
432
|
617
|
802
|
987
|
|
K3
|
2-6
|
16-30
|
2.08
|
1.704
|
597
|
853
|
1108
|
1364
|
|
K2
|
0.6-2
|
31-45
|
2.56
|
2.190
|
767
|
1095
|
1424
|
1752
|
|
K1
|
0.2-0.6
|
46-60
|
2.96
|
2.596
|
909
|
1298
|
1688
|
2077
|
|
Pressure Dosing Design
|
1.33
|
0.956
|
400*
|
479
|
622
|
622
|
765
| |
|
*NJDEP does not recommend sizing disposal beds at less
than 400 square feet
|
A.
Maximum penalty. Any person violating any of the provisions of any
Ordinance adopted by the Mendham Borough Board of Health shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than
$500 for each offense. Complaint shall be made in the Municipal Court
of the Borough or before another judicial officer having authority
under the laws of the State of New Jersey. The Court shall have the
power to impose other and additional penalties provided by N.J.R.S.
26:3-77 and N.J.R.S. 26:3-78.
B.
Separate violations. Except as otherwise provided, each and every
day in which a violation of any of the provisions of any Ordinance
adopted by the Mendham Borough Board of Health exists shall constitute
a separate violation.
C.
Collection of fees and penalties. All fees and penalties collected
under any provision of any Ordinance adopted by the Mendham Borough
Board of Health shall be paid to the treasurer of the Borough of Mendham.
