[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Sec. 25-4 of the 1986 Code; amended in its entirety 5-24-2016 by Ord. No. 2016:11. Subsequent amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-5.1 and N.J.S.A.
26:3-69.2, the Township hereby adopts by reference Chapter 9A of Title
7 of the New Jersey Administrative Code (Department of Environmental
Protection) entitled "Standards for Individual Subsurface Sewage Disposal
Systems," as amended, which is currently codified at N.J.A.C. 7:9A-1.1
et seq. As required by law, three copies of Standards for Individual
Subsurface Sewage Disposal Systems are on file in the office of the
Township Clerk and three copies are on file in the Health Department
for the use and examination of the public.
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 chapter, with the following
additions:
For initial licenses, the use or direction of wastewater
to a system after the adoption date of this chapter. For renewal licenses,
the use or direction of wastewater to a system at any time during
the period of the license.
An educational program prepared and administered by the Township
Office 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.
Health Officer of the Township Office of Health.
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 issued a license by the State of New Jersey
Department of Environmental Protection.
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(a)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.
An operation that:
Stores, prepares, packages, serves, vends or otherwise provides
food for human consumption, such as a restaurant; satellite or catered
feeding location; catering operation if the operation provides food
directly to a consumer or to a conveyance used to transport people;
market; vending location; conveyance used to transport people; institution;
or food bank; and
Relinquishes possession of food to a consumer directly, or indirectly
through a delivery service, such as home delivery of grocery orders
or restaurant takeout orders, or delivery serve that is provided by
common carriers.
An individual or nonindividual subsurface sewage disposal
system, including all of the component parts thereof.
No new subsurface sewage disposal system shall 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 Township Department of Health and Human Services 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 and the requirements of this Code. Issuance of
such certificate shall not be required for alterations to an existing
individual subsurface sewage disposal system. The Township Department
of Health and Human Services may issue such a certificate if an engineer
licensed to practice professional engineering in the State of New
Jersey submits a signed written statement to the Township Department
of Health and Human Services that the subsurface sewage disposal system
has been located and constructed in accordance with the terms of the
permit issued and the requirements of this Code.
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 shall be subject to all of the requirements
of this chapter.
B.
Applicability. No person within the Township 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 and this
chapter.
C.
Exemptions. Any system not in active use shall be exempted from this
chapter. The Township Office 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 Township Office of Health so as to qualify
for this exemption.
A.
License to operate required. 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
unless a currently valid license to operate the system has been issued
by the Township Department of Health and Human Services in accordance
with the schedule herein to the owner of the property on which the
system is located.
(1)
In addition to the issuance of an initial license for an existing
system as specified in this section, the Township Department of Health
and Human Services 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 or 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 Township Department of Health and Human Services. 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 this section 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.
Initial license. The Township Department of Health and Human Services
shall notify all owners of property not connected to the Township
sewer system, in writing, of the requirement to obtain a license to
operate, or for continued operation of, a subsurface sewage disposal
system. Said notice shall include a copy of this chapter and shall
specify the deadline to apply for an initial license, which shall
be, at a minimum, 90 days from receipt of the notice. Applications
for an initial license to operate for an existing subsurface sewage
disposal system shall include the fees, documents and certifications
required for the renewal of a license to operate as set forth in this
section.
[Amended 7-24-2018 by Ord. No. 2018:09]
C.
Expiration and renewal. The license to operate shall expire on December
31 of the third year after the date of issuance. The Township Department
of Health and Human Services shall notify the licensee or its designee
at least 90 days before the license expires and shall direct the owner
or operator 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 Township Department of Health and Human
Services shall not renew the license unless the licensee has submitted
the following to the Township Department of Health and Human Services:
(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 herein; or
(b)
Submission of a septic system inspection report on a form approved
by the Township Department of Health and Human Services indicating
that the system has been maintained, is not in need of pumping, and
is functioning in conformance with the requirements of this chapter.
Any such inspection shall be conducted in accordance with any NJDEP
approved protocol, guidance or regulations. If the inspection indicates
that a pumpout of the tank or other maintenance, alteration, or repair
of the system is necessary, the Township Department of Health and
Human Services shall issue a notice of pumping, alteration or repair.
Following pumpout or other maintenance, alteration or repair of the
system, the owner/operator shall submit to the Township Department
of Health and Human Services a completed alteration/pumpout report
prepared and signed by the person performing the required work. No
person shall test an individual or nonindividual subsurface sewage
disposal system in a manner that will adversely affect the functioning
of the system. Hydraulic loading shall not be applied in excess of
the design flow capacity. All solids shall have been removed from
the septic tank and/or grease trap prior to testing unless the hydraulic
loading is applied at a point that will bypass the septic tank and/or
grease trap. Said form shall be prepared, completed and certified
by:
[1]
A licensed septic installer;
[2]
A NJDEP registered inspector;
[3]
A NJDEP registered waste hauler;
[4]
A licensed professional engineer;
[5]
A licensed health officer or registered environmental health
specialist; or
[6]
Any other person acceptable to the Township Department of Health
and Human Services.
(c)
Any such inspection under this section shall include but not
be limited to the following:
(2)
Renewal term. Any license renewed under this section shall expire
on December 31 of the third year following the date of renewal.
(3)
As a condition precedent to a license renewal, the owner or operator
shall pay the fees required by this section.
D.
Suspension of license. The Township Department of Health and Human
Services or its designee may suspend or revoke the license to operate
under 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 Township
Department of Health and Human Services;
(2)
The owner or operator violates any provision of this chapter with
respect to operation and maintenance of the system; or
(3)
The owner or operator denies the right of entry to a properly credentialed
representative of the Township Department of Health and Human Services,
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.
E.
Modified term of license. The Township Department of Health and Human
Services may on its own initiative, 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 Township Department of Health and Human Services
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; or
(6)
Proximity of the system to a well or water body.
F.
Special licensing requirements for retail food handling establishments.
A license to operate for a retail food handling establishment shall
expire one year after issuance. The owner of said establishment shall
have the right to apply to the Township Department of Health and Human
Services for a longer license renewal period, but in no case shall
the license renewal period exceed three years. In considering any
such application, the Township Department of Health and Human Services
may consider the establishment's demonstrated compliance history
with management of the system.
A.
General requirements for subsurface sewage disposal systems. The
following requirements pertain to all subsurface sewage disposal systems.
(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 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 requirements. The following additional
requirements pertain to subsurface sewage disposal systems which incorporate
disposal fields.
(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 run-off
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.
Abandonment of subsurface sewage disposal 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 Township Department of Health and
Human Services.
(2)
Except when done as part of or in conjunction with an alteration,
permits must be obtained from the Township Department of Health and
Human Services and the Township Building Department prior to abandoning
any subsurface sewage disposal system or component of said system.
D.
Inspection and maintenance requirements for systems with grease traps.
The following additional requirements apply to subsurface sewage disposal
systems which utilize 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 method acceptable
to the Township Department of Health and Human Services.
(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. 58:11A-1 et seq., as well as any other applicable state
or local rules, regulations, ordinances or directives.
E.
Maintenance of dosing tanks. The following additional requirements
pertain to subsurface sewage disposal systems which incorporate dosing
tanks.
A.
Prior to emptying, relieving or pumping out all or a portion of any
individual or nonindividual subsurface sewage disposal system within
the Township, the septic sludge removal operator shall obtain a septic
sludge removal permit from the Township Department of Health and Human
Services.
B.
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 Township Department of Health and Human
Services within 72 hours of the time that the individual or nonindividual
subsurface 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.
C.
In addition to the permit 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. 7:26-1.1 et seq.
D.
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.
E.
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.
F.
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 method acceptable
to the Township Office of Health.
G.
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 Township
Department of Health and Human Services made pursuant to this chapter
shall have the right to appeal that decision to the Township Council.
Any aggrieved person seeking a hearing under this section shall make
application in writing to the Township Clerk within 30 days of the
decision to be appealed. The Township Clerk shall schedule the matter
for a hearing on the agenda for the next regular meeting of the Township
Council. 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 Township Department of Health and Human
Services 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 Township 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 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 Township Department of Health and Human Services 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 Township Department of Health and Human Services 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 Township Department of Health and Human Services 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 Township Department of Health and Human Services
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 Township Department of Health and Human Services.
(4)
No provision to this chapter shall be interpreted as precluding the
Township Department of Health and Human Services from revoking a license
issued by the Township Department of Health and Human Services for
the operation of a system in the event that the Township Department
of Health and Human Services 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 or operator, with an opportunity
to comment or appeal.
In furtherance of the rights granted to the Township Department
of Health and Human Services in N.J.S.A. 26:3-45 et seq. and N.J.A.C.
7:9-3.19, any employee or agent of the Township Department of Health
and Human Services, 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
Township Department of Health and Human Services as enumerated therein.
A.
Any application for the initial issuance or annual renewal of a license
to engage in the business of construction, repairing or reconstructing
any individual sewage disposal system or privy shall be accompanied
by a nonrefundable application fee of $50.
B.
Any application for the issuance of a subsurface sewage disposal
system permit shall be accompanied by a nonrefundable application
fee of $250. The application fee shall include plan review related
to a new system or alteration of an existing system, and a certificate
of compliance. Percolation and water tests are to be performed by
a licensed contractor or engineer at the expense of the property owner.
C.
Any application for the issuance or renewal of a license to operate
shall be accompanied by a nonrefundable application fee of $50.
D.
Any application for the issuance or renewal of a license to a person
engaged in the business of cleaning or emptying receptacles for the
reception and storage of human excrement or other putrescible matter
shall be accompanied by a nonrefundable application fee of $25 for
each vehicle or conveyance so licensed.
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 Township Department of Health and Human Services
shall constitute a separate and distinct violation under this chapter.
C.
Nothing in this section shall be construed as limiting the remedies
of the Township Department of Health and Human Services for violation
of this chapter. The Township Department of Health and Human Services
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 Township Department of Health and Human Services
or for any failure to comply with any notice or order issued by the
Township Department of Health and Human Services or its enforcement
official under this chapter.
