[HISTORY: Adopted by the Board of Health of the Township
of Eagleswood 9-19-1973 by Ord. No. 7-73 (Ch. 126 of the 1977
Township Code); amended in its entirety by the Town Council of the
Township of Eagleswood at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Subsequent amendments noted where applicable.]
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1,
it is the purpose of this chapter:
A.
To establish a management program for individual and nonindividual
subsurface sewage disposal systems in the Township of Eagleswood in
order to ensure the proper operation and maintenance of such systems.
This chapter 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.
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 chapter shall be known as the "Sewage Disposal Systems
Ordinance of the Township of Eagleswood."
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1) 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 chapter, with the following additions:
For initial licenses, this term shall mean: The use or direction
of wastewater to a system after the adoption date of this chapter.
For renewal licenses, this term shall mean: The use or direction of
wastewater to a system at any time during the period of the license.
Ocean County Board of Health.
An educational program prepared and administered by the Board
of Health 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 Engineer or his designee.
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.
Any person, firm or corporation which has been found qualified
to pump out an individual or nonindividual subsurface sewage disposal
system, and who has been registered by the state of New Jersey Department
of Environmental Protection.
All areas of the Township outside of the jurisdiction of
the Pinelands Commission.
An on-site subsurface sewage disposal system serving a property
other than a single-family home. Such systems include but are not
limited to those systems defined in N.J.A.C. 7:9A-1.8(c)2. Typical
examples include but are not limited to commercial buildings, restaurants,
food establishments, commercial/residential mixed uses and systems
servicing multiple units.
A license issued to an applicant pursuant to this chapter
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 realty
and the operator of the system, if different, are jointly and severally
liable for the obligations imposed by this chapter.
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 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 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.
A.
Scope. The owner and/or occupant of any realty improvement serviced
by an individual or nonindividual on-site subsurface sewage disposal
system located in the Township of Eagleswood shall be subject to all
of the requirements of this chapter.
B.
Applicability. No person within the Township of Eagleswood area shall
operate an individual or nonindividual subsurface sewage disposal
system unless such construction, installation, alteration, maintenance
or operation is in accordance with all applicable sanitary regulations
of the Eagleswood Township Code and this chapter.
C.
Exemptions. Any system not in active use shall be exempted from this
chapter. The Board of Health may require an owner or operator of a
system seeking exemption under this section to submit proof in the
form acceptable to the Board so as to qualify for this exemption.
A.
Requirement for license. On and after the effective date of this
chapter, no owner or occupant of a property in the Township of Eagleswood
upon which an individual or nonindividual subsurface sewage disposal
system is located shall use or operate the system unless a currently
valid license to operate the system has been issued by the Board of
Health in accordance with the schedule herein to the owner of the
property on which the system is located.
(1)
The Board of Health or its designee may issue a license to operate
and educational information relative to the proper operation and maintenance
practices (pursuant to N.J.A.C. 7:9A-3.14) to the owner and occupant
of a property upon one or more of the following events:
(2)
All licenses issued pursuant to this section shall be on a form provided by the Board of Health. Once issued, a license shall be transferable upon change of ownership or occupancy of the premises for which the license has been issued. A fee as provided in § 213-11 of this chapter shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan showing the location of the septic system (both the tank and the disposal area) and of any private water source on the property. The plot plan shall also include the general location, if known, of any wells and septic systems on adjoining properties.
B.
Expiration/renewal. The license to operate shall expire three years
after issuance. The Board of Health shall notify the licensee or its
designee at least 60 days before the license expires, and it shall
be directed to apply for a renewal of the license. The renewal notice
shall include educational materials relative to the proper operation
and maintenance practice for such systems in accordance with N.J.A.C.
7:9A-3.14.
(1)
Requirements for renewal. The Board of Health or its designee shall
not renew the license unless the licensee has submitted the following
to the Board of Health or its designee:
(a)
Evidence that the septic tank (or in the case of an alternate system, the comparable component of such system) has been pumped by a licensed septic sludge removal operator as required by § 213-7 of this chapter; or
(b)
Submission of a septic system inspection report on a form approved
by the Board of Health, indicating that the system has been maintained,
is not in need of pumping, and is functioning in conformance with
the requirements of this chapter.
C.
Suspension of license. The Board of Health or its designee may suspend
or revoke the license to operate in the following circumstances:
(1)
It has been determined that the system is malfunctioning based upon
criteria provided for in N.J.A.C. 7:9A-3.4(a) and the licensee fails
to take steps to correct said malfunction as directed by the Board
of Health or its designee;
(2)
The owner or occupant of the premises served by the system violates
any provision of this chapter with respect to operation and maintenance
of the system; or
(3)
The owner or occupant of the premises served by the system denies
the right of entry to the Board of Health or its designee, or to the
New Jersey Department of Environmental Protection (NJDEP), as required
in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration
or enforcement of this chapter.
D.
Modified term of license. The Board of Health may on its own motion,
upon notice and opportunity to the property owner or operator for
a hearing, or upon application of a property owner or system operator
alter the time period of a license to operate. The Board of Health
may consider the following factors in determining that a more frequent
licensing renewal or pumping/inspection schedule may be necessary:
(1)
Limited size of the septic tank or disposal field;
(2)
The fact that the existing system may be a cesspool;
(3)
The age of the system;
(4)
Past history of malfunction or other noncompliance;
(5)
Location of the existing system in a flood hazard, wetland area,
wetland transition zone or other environmentally sensitive area; and/or
(6)
Proximity of the system to a well or water body.
E.
Special licensing provisions for retail food-handling establishments.
The license to operate for a retail food-handling establishment shall
expire one year after issuance or one year from the date of the documented
pumpout, whichever comes first. The owner of said establishment shall
have the right to apply to the Board of Health for a longer license
renewal period, but in no case shall the license renewal period exceed
three years. In considering any such application the Board of Health
may consider the establishment's demonstrated compliance history
with management of the system.
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 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 sewage water
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 nonbiodegradable 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 greases 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 of 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.
Disposal field maintenance.
(1)
The area of the disposal field shall be kept free of encroachments
from decks, pools, sprinkler systems, driveways, patios, accessory
buildings, additions to the main building, and trees or shrubbery
whose roots may cause clogging of any part of the system.
(2)
Grading shall be maintained in a condition that will promote runoff
of rainwater and prevent ponding.
(3)
All drainage from roofs, footing drains, ditches or swales shall
be diverted away from the disposal field.
(4)
Vegetation shall be maintained to prevent soil erosion.
(5)
Vehicle traffic and vehicular parking shall be kept away from the
area of the disposal field, unless the disposal field has been specifically
designed to support vehicular traffic.
C.
Abandoned systems.
(1)
When it is necessary to abandon a system or components of a system,
all septic tanks, dosing tanks, seepage pits, dry wells and cesspools
which are to be abandoned shall be emptied of wastes and removed or
filled completely with sand, gravel, stones or soil material in a
manner which is acceptable to the Board of Health or its designee.
(2)
Except when done as part of or in conjunction with an alteration,
a permit must be obtained from the Board of Health prior to abandoning
a septic system or component of a septic system.
D.
Additional inspection and maintenance requirements for systems with
grease traps.
(1)
Grease traps shall be inspected and cleaned out at a frequency adequate
to prevent the volume of grease from exceeding the grease retention
capacity. Grease shall be removed whenever 75% of the grease retention
capacity has been reached.
(2)
Pumping of grease traps shall be performed by a solid waste hauler
registered with the NJDEP in accordance with the requirements of N.J.A.C.
7:26-3.1.
(3)
Equipment used in the pumping of grease traps shall meet the following
requirements:
(a)
Mobile tanks shall be securely mounted on trucks or trailers,
shall be watertight and provided with a leakproof cover and shall
be vented to permit the escape of gases but not the liquid or solid
contents of the tank.
(b)
Pumps and hoses shall be maintained and operated in a condition
that will prevent the leakage of sewage.
(c)
Equipment shall be available to permit accurate measurement
of the volume of grease in relation to the grease-retention capacity
of the grease trap.
(d)
Pumping of grease traps shall be conducted in such a manner
that the entire contents of the grease trap, including both liquids
and solids, are removed.
(e)
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner,
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
(f)
Grease and other waste materials removed from grease traps shall
be disposed of in accordance with the requirements of the Statewide
Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq.
and N.J.S.A. 7:11A-1 et seq., as well as any other applicable state
or local rules, regulations, ordinances or directives.
A.
Any person, partnership, firm or corporation who empties, relieves or pumps out all or a portion of an individual or nonindividual sewage disposal system within the Township shall first apply to the Board of Health to become a licensed septic sludge removal operator. The applicant shall be validly registered with the New Jersey Department of Environmental Protection for such removal. Any such license shall be for a term of five years and shall be subject to the payment of a fee as provided in § 213-11 of this chapter.
B.
Prior to emptying, relieving or pumping out all or a portion of any
individual or nonindividual subsurface sewage disposal system within
the Township of Eagleswood, the licensed septic sludge removal operator
shall obtain a septic sludge removal permit from the Board of Health.
C.
The septic sludge removal operator shall complete all information
on the septic sludge removal permit and deliver one copy to the property
owner and one copy to the Board of Health within 72 hours of the time
that the individual or nonindividual sewage disposal system is pumped.
Failure to deliver said report within the required time frame shall
be considered to be a violation of this chapter.
D.
In addition to the license required under Subsection A above, the pumping of septic tanks shall be performed by a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26-3.c.
E.
The Board of Health may suspend or refuse to renew the license of
any septic sludge removal operator who fails to comply with this chapter.
F.
Equipment used in the pumping of septic tanks shall meet the following
requirements:
(1)
Mobile tanks shall be securely mounted on trucks or trailers, shall
be watertight and provided with a leakproof cover and shall be vented
to permit the escape of gases but not the liquid or solid contents
of the tank.
(2)
Pumps and hoses shall be maintained and operated in a condition that
will prevent the leakage of sewage.
(3)
Equipment shall be available to permit the accurate measurement of
the sludge and scum levels in relation to the bottom of the outlet
baffle.
G.
Pumping of septic tanks shall be conducted in such a manner that
the entire contents of the septic tank, including both liquids and
solids, are removed.
H.
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner,
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
I.
Septage shall be disposed of at a sewage treatment plant designated
in accordance with district and/or state solid waste management plans
pursuant to the Statewide Sludge Management Plan adopted pursuant
to N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 58:1A-1 et seq.
Any person aggrieved by any decision of a designee of the Board
of Health made pursuant to this chapter shall have the right to appeal
that decision to the Board of Health. Any aggrieved person seeking
a hearing under this section shall make application to the Board in
writing within 30 days of the decision to be appealed. The Board of
Health shall schedule the matter for a hearing within 45 days thereafter.
The hearing shall be conducted at a meeting held pursuant to the Open
Public Meetings Act.
A.
Nuisances to be corrected.
(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 and 7:9A-3.4)
shall constitute a nuisance and shall be repaired, modified or replaced
pursuant to an order of the Board of Health 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 Board of
Health by virtue of this chapter 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 DEP Regulations, any rule or regulation
promulgated pursuant to this chapter, or any permit, certificate or
license issued pursuant to this chapter is hereby declared to be a
nuisance.
(4)
In addition the powers provided for in N.J.A.C. 7:9A-1.1 et seq.,
the Board of Health retains its authority to abate any nuisance in
accordance with the provisions of N.J.S.A. 26:3-45 et. seq.
B.
Malfunctioning subsurface sewage disposal system: inspections of
system; revocation of license.
(1)
The Board of Health shall have the right to inspect any system which
shows evidence of any malfunction. Such evidence may include, but
not be limited to, foul odors, leakage to ground surface, or soggy
ground over system. Water and/or soil samples may be taken to confirm
the existence of a malfunctioning system.
(2)
The Board of Health may require that any malfunctioning system be
corrected by servicing or by replacement or alteration of the system.
(3)
Until any necessary replacement or alteration of a system has been
accomplished, the Board of Health may require pumping and the removal
of the entire contents of the septic tank for the system (both liquids
and solids) at intervals specified by the Board.
(4)
No provision to this chapter shall be interpreted as precluding the
Board of Health from revoking a license issued by the Board for the
operation of a system in the event that the Board shall determine
that such action is necessary and appropriate for the enforcement
of this chapter. Any such revocation shall be upon notice to the owner/operator,
with an opportunity to comment or appeal.
In furtherance of the rights granted to the Board of Health
in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9-3.19, the Township Engineer
or his designee, upon presentation of identification, shall have the
right to enter upon property where an individual or nonindividual
subsurface sewage disposal system is located for the purpose of observation,
inspection, monitoring and/or sampling of the on-site sewage disposal
system. This authority is exercised by virtue of N.J.S.A. 26:3-31
as a necessary and reasonable method of furthering the duties of the
Board of Health as enumerated therein.
Fees for the following shall be as set forth in Chapter 135, Fees:
A.
A person who violates any provision of this chapter, or any term
or condition of any certificate or license issued hereunder, shall
be liable for one or more of the following penalties [N.J.S.A. 40:69A-29(b)]:
B.
Each separate day and each violation of any provision of this chapter,
any term or condition of any certificate or license, or any notice
or order issued by the Board of Health shall constitute a separate
and distinct violation under this chapter.
C.
Nothing in this section shall be construed as limiting the remedies
of the Board of Health for violations of this chapter. The Board of
Health may proceed under any other remedy available at law or in equity
for any violation of this chapter or any term or condition of any
certificate or license issued by the Board or Health or for any failure
to comply with any notice or order issued by the Board of Health or
its enforcement official under this chapter.
