[Adopted 12-21-2009 by Ord. No. 2009-12]
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1,
it is the purpose of this article:
A.
To establish a management program for individual and nonindividual
subsurface sewage disposal systems that discharge 2,000 gallons per
day or less in the Township of Riverside in order to ensure the proper
operation and maintenance of such systems. This article requires existing,
new and proposed individual and nonindividual subsurface sewage disposal
systems to be pumped out at least once every three years in order
to minimize future malfunctions of such systems (except as noted).
B.
To regulate individual and nonindividual subsurface sewage disposal
systems in the program area in such a way as to protect public health
and welfare and the environment, and to provide for a means of educating
owners/operators, as defined herein, in the characteristics of such
systems and the proper procedures for altering, operating and maintaining
them.
C.
To develop a management program to maintain records and manage systems
in the program area.
D.
To promote and assure the proper management and maintenance of individual
and nonindividual sewage disposal systems through time.
This article shall be known as "Individual Subsurface Sewage
Disposal Management Ordinance of the Township of Riverside."
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1 et
seq.) of the New Jersey Department of Environmental Protection (NJDEP)
Standards for the Construction of Individual Subsurface Sewage Disposal
Systems, N.J.A.C., 7:9A-1.1 et seq., and any amendments thereto ("NJDEP
regulations") are hereby incorporated into this article, with the
following additions:
Qualified person, firm or corporation, representative or
government unit, or other entity acceptable to the municipality of
Riverside Township.
For initial permits, this term shall mean "the use or direction
of wastewater to a system after the adoption date of this article."
For renewal licenses, this term shall mean "The use or direction of
wastewater to a system at any time during the period of the permit."
An educational program prepared and administered by the Burlington
County Health Department regarding the fundamentals of individual
and nonindividual subsurface sewage disposal systems and the proper
procedures for the operation and maintenance of such systems. The
educational program shall be deemed to be in accordance with N.J.A.C.
7:9A-3.14.
The Township Administrator of the Township of Riverside or
his or her designee for the permit program.
An individual subsurface sewage disposal system, as defined
at N.J.A.C. 7:9A-2.1, serving a single family detached residential
housing unit.
A written report that details the operational status of the
system and notes any deficiencies, including, but not only, soil depressions,
odors, evidence of previous system failures, and grease trap function,
if applicable, as prepared by the licensed professional that completed
the required inspection.
A professional engineer or a septic inspector as licensed
or recognized by the municipality and appointed on an annual basis.
An on-site individual subsurface sewage disposal system serving
a property other than a single family home and discharging no greater
than 2,000 gallons per day of wastewater. Such systems include but
are not limited to those systems described at N.J.A.C. 7:9A-7.4(c).
Typical examples include but are not limited to commercial buildings,
restaurants, retail food establishments, commercial/residential mixed
uses, systems servicing multiple units, and government buildings.
A permit issued to an applicant pursuant to this article
for the operation of an individual or nonindividual subsurface sewage
disposal system.
The person who owns or leases the realty upon which an individual
or nonindividual subsurface sewage disposal system is located and/or
the person who uses or operates said system. The owner of the reality
and the operator of the system, if different, are jointly and severally
liable for the obligations imposed by this article.
A sketch drawn by the owner/operator, or agent on their behalf,
showing the type (if known) and location of the individual or nonindividual
subsurface sewage disposal system including tank(s) and disposal field(s)
servicing the property, as well as the location and type of any on-site
water supply. All plots shall be drawn to scale and list the dimensions
used.
Any person, firm or corporation that has been registered
by the NJDEP and found qualified by this municipality to pump out
an individual or nonindividual subsurface sewage disposal system.
Any fixed or mobile restaurant; coffee shop; cafeteria; short
order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public, or nonprofit organization,
institution, or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market, or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere, and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge.
An individual or nonindividual subsurface sewage disposal
system, including all of the component parts thereof.
The Township of Riverside.
A.
Scope.
(1)
The owner and/or occupant of any realty improvement serviced by an
individual or nonindividual subsurface sewage disposal system located
in the municipality of Riverside Township shall be subject to all
of the requirements of this article.
(2)
Properties located within the Pinelands Area as defined at N.J.S.A.
13:18A-11 or the Pinelands National Reserve defined at 16 U.S.C. § 471i(c),
must be consistent with the requirements of the Pinelands Comprehensive
Management Plan, N.J.A.C. 7:50 et seq. This applies to both Pinelands
alternate design treatment systems and traditional individual or nonindividual
subsurface sewage disposal systems.
B.
Exemptions
(1)
Those parcels connected to a municipal sewer system.
(2)
Undeveloped parcels within the Township, until developed.
(3)
Abandoned or vacant structures, until such time as they begin to
generate wastewater.
(4)
Those properties having an NJDEP Pollution Discharge Elimination
System permit (greater than 2,000 gallons per day).
A.
Effective six months from the date of adoption and publication of
notice of adoption in accordance with New Jersey state law, no owner
or occupant of a property in the Township upon which an individual
or nonindividual subsurface sewage disposal system is located shall
use or operate the system without a valid permit issued by the Township.
At its discretion, the municipality may create a phased in approach
to permits such that all ISSDS within the municipality are included
in the permit system within three years.
B.
All permits shall be for three years.
C.
Permits expire upon a transfer, sale, or lease to someone other than
the existing permittee.
D.
Permit expiration. The Township will notify an existing permittee
30 days before the renewal date and shall provide a renewal application
form to the property owner.
E.
Application. Every application for a permit to operate a system and
every renewal of such a permit shall be made on a form provided by
the Township. The date for the initial application for permit will
be provided by the Township to each affected property owner.
F.
Initial permit. The initial permit, issued by the Township in accordance
with this article, shall include a copy of this article and a copy
of the NJDEP's most current Operation and Maintenance Manual for septic
systems.
(1)
The
initial operator's permit shall expire three years after issuance.
G.
Renewal.
(1)
Every application for renewal shall be accompanied by documentation
establishing that the entire contents of the septic tank for the system
(both liquids and solids) have been pumped and removed by a solid
waste hauler registered with the NJDEP in accordance with N.J.A.C.
7:26-3. A permit will be issued which will expire three years from
the date of issuance or from the approval date of a new septic system
installation, expansion of an existing septic system or repair to
a malfunctioning septic system.
(2)
The first renewal application shall be accompanied by a plot plan
locating the major ISSDS or nonindividual subsurface sewage disposal
system components, such as septic tanks, grease traps, dosing tanks,
distribution boxes, distribution laterals, disposal fields and seepage
pits.
H.
New or replacement of individual subsurface disposal system. A permit
will be issued after installation and approved by the Burlington County
Health Department.
I.
Waiver. A waiver shall be granted upon submission of certification
by an licensed professional certifying that pumping is not required.
Such certification will be renewed annually until pumping is required
and performed, at which time the three-year permitting period recommences.
J.
Grease traps.
(1)
Properties that have grease traps associated with their ISSDS or
nonindividual subsurface sewage disposal system shall provide verification
of at least one pump out during the permit period.
K.
Abandoned systems. Pursuant to N.J.A.C. 7:9A-12.8, any ISSDS or nonindividual
subsurface sewage disposal system to be abandoned must do so after
the approval of the Burlington County Health Department or the local
plumbing inspection, as applicable.
A.
General
(1)
The subsurface sewage disposal system shall be used only for the
disposal of wastes of the type and origin provided for in the approved
engineering design. No permanent or temporary connection shall be
made to any source of wastes, wastewater or clean water other than
those plumbing fixtures which are normally present within the type
of facility indicated in the approved engineering design.
(2)
Drainage from basement floors, footings or roofs shall not enter
the subsurface sewage disposal system and shall be diverted away from
the area of the disposal field.
(3)
As set forth in N.J.S.A. 58:10A-17, no person shall use or introduce
or cause any other person to use or introduce into any subsurface
sewage disposal system any sewage system cleaner containing any restricted
chemical material.
(4)
Disposal of materials containing toxic substances into a subsurface
sewage disposal system is prohibited. Materials containing toxic substances
include, but are not limited to, waste oil (other than cooking oil),
oil-based or acrylic paints, varnishes, photographic solutions, pesticides,
insecticides, paint thinners, organic solvents or degreasers and drain
openers.
(5)
Inert or non-biodegradable substances should not be disposed of in
the subsurface sewage disposal system. Such substances include, but
are not limited to, disposable diapers containing plastic, cat box
litter, coffee grounds, cigarette filters, sanitary napkins, facial
tissues and wet-strength paper towels.
(6)
Large quantities of cooking grease or fats shall not be discharged
into systems not equipped with a grease trap designed and constructed
as prescribed in N.J.A.C. 7:9A-8.1.
(7)
Major plumbing leaks shall be repaired promptly to prevent hydraulic
overloading to the system.
(8)
Vehicle traffic and vehicular parking shall be kept away from the
aspects of the system, unless the system has been specifically designed
to support vehicular traffic.
B.
Nuisances.
(1)
Any on-site sewage disposal system or component thereof that is found
to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 or as described
in the situations at N.J.A.C. 7:9A-3.4) shall constitute a nuisance
and shall be repaired, modified or replaced pursuant to an order of
the Burlington County Health Department or its designee to correct
the condition caused by the malfunction. Alterations shall be performed
in accordance with "Standards for the Construction of Individual Subsurface
Sewage Disposal Systems" as adopted and implemented by the Burlington
County Health Department by virtue of this Code and any amendments
thereto.
(2)
Any individual or nonindividual subsurface sewage disposal system
which has not been maintained in accordance with N.J.A.C. 7:9A-12.3,
Septic Tank Maintenance, is hereby declared a nuisance.
(3)
Any individual or nonindividual subsurface sewage disposal system
which is constructed, installed, altered, operated or maintained in
violation of this section, the NJDEP regulations, any rule or regulation
promulgated pursuant to this article or any permit issued pursuant
to this article is hereby declared to be a nuisance.
(4)
In addition to the powers provided for in N.J.A.C. 7:9A-1.1 et seq.,
the Burlington County Health Department retains its authority to abate
any nuisance in accordance with the provisions of N.J.S.A. 26:3-45.
B.
The Township shall inform all permittees of their upcoming renewal
within 60 days of the renewal due date and shall provide a renewal
application form to the property owner.
C.
The Township shall notify, in writing, any permittee that failed
to submit a renewal application form within 30 days within 40 days
after renewal due date.
D.
If a permit is not renewed after 70 days of the renewal due date,
the Municipal Attorney shall issue a notice of violation (NOV). The
NOV shall state the violation, the penalty, the method of remediation
and appeal date.
E.
The penalty for not complying with this article shall be $2,000 upon
final judgment. An additional penalty of $500 per week for each week
the violation continues after the Township issues the NOV until NOV
satisfaction.
