Township of Winslow, NJ Chapter 218 Sewage Disposal Systems, Individual

[HISTORY: Adopted by the Township Committee of the Township of Winslow 8-28-70 by Ord. No. 0-11-70 as Ch. 56 of the 1970 Code of the Township of Winslow.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Board of Health — See Ch. 34.

Sewers — See Ch. 221.

Solid wastes — See Ch. 238.

Excavations — See Ch. 242, Art. I.

Water — See Ch. 284.

[1] Editor's Note: This legislation was originally adopted 7-28-67 as Ord. No. 0-11-67.

§ 218-1 Adoption of standards.

A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems and the issuance of licenses to locate, construct, empty or clean said systems, and fixing penalties for the violation thereof is hereby adopted pursuant to P.L. 1950 c. 188 (N.J.S.A. 26:3-69.1 to 3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.

§ 218-2 Title of standards.

The said code established and adopted by this chapter is described and commonly known as the "Individual Sewage Disposal System Code of New Jersey (1963)."

§ 218-3 Copies on file.

Three (3) copies of the said Individual Sewage Disposal System Code of New Jersey (1963) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and will remain on file in said office for use and examination by the public.

§ 218-4 Standards for systems within Pinelands Area.

[Added 8-23-82 by Ord. No. 0-8-82]

Within the Pinelands Area of the township, the following standards shall apply to the installation, operation and maintenance of individual sewage disposal systems. In the event of a conflict between the Individual Sewage Disposal System Code of New Jersey and the standards for the Pinelands Area, the stricter provisions shall apply:

A. (Reserved)

[Repealed 5-24-89 by Ord. No. 0-27-89]

B. Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water may be permitted, provided that:

[Amended 3-22-89 by Ord. No. 0-19-89; 5-24-89 by Ord. No. 0-27-89; 7-20-93 by Ord. No. 0-20-93; 2-25-97 by Ord. No. 0-2-97]

(1) The proposed development to be served by the system is otherwise permitted pursuant to the provisions of Chapter 296;

(2) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two (2) parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Sections 296-9.4 or 296-67;

(3) Only contiguous lands located within the same zoning district and Pinelands Management Area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five (5) acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

(4) The depth to seasonal high water table is at least five (5) feet;

(5) Any potable water well will be drilled and cased to a depth of at least one hundred (100) feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least fifty (50) feet;

(6) The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;

(7) The technology has been approved for use by the New Jersey Department of Environmental Protection; and

(8) Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

C. Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water may be permitted, provided that:

[Added 2-25-97 by Ord. No. 0-2-97; Amended 8-21-18 by Ord. No. O.2018-018]

(1) The standards set forth in Subsections B(1) and B(3) through (8) above are met;

(2) If the proposed development is nonresidential, it is located:

(a) In a Pinelands Regional Growth Area or Pinelands Village; or

(b) In the Pinelands Rural Development Area, Agricultural Production Area, or Forest Area, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2)

(3) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two (2) parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(3) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Sections 296-9.4 or 296-67.

D. Alternate design pilot program treatment systems shall be permitted, provided that:

[Added 12-17-02 by Ord. No. 0-29-02; Amended 8-2-18 by Ord. No. O.2018-018]

(1) The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of Chapter 296;

(2) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems are located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection D(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Sections 296-9.4 or 296-67;

(3) Only contiguous lands located within the same zoning district and Pinelands management areas as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five (5) acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

(4) The depth to seasonal high water table is at least five (5) feet;

(5) Any potable water well will be drilled and cased to a depth of at least one hundred (100) feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least fifty (50) feet;

(6) No more than ten (10) alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single family dwelling;

(7) Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

(8) Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(9) The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(10) Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

(11) The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.222(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection D(9) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

(12) No system shall be installed after August 5, 2007.

§ 218-5 License required.

[Amended 8-25-82 by Ord. No. 0-8-82]

A. No person shall locate, construct or alter any individual sewage disposal system until a license for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.

B. The Board of Health may issue a license if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey, stating that the design of the individual sewage disposal system as proposed is in compliance with the code and in compliance with the standards under § 218-4 of this chapter if the system is located within the Pinelands Area of the township.

§ 218-6 Certificate of compliance required.

[Amended 8-25-82 by Ord. No. 0-8-82]

A. New individual disposal systems shall not 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 Board of Health shall have issued a certificate indicating that said disposal system has been located and constructed in compliance with the terms of the license issued and the requirements of the aforesaid code and the standards under § 218-4 of this chapter if the system is located within the Pinelands Area of the township. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.

B. The Board of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing, signed by him, to the Board of Health that the said disposal system has been located and constructed in accordance with the terms of the license issued and the requirements of the aforesaid code and the standards under § 218-4 of this chapter if the system is located within the Pinelands Area of the township.

§ 218-7 License required for business of cleaning septic tanks, cesspools and privies.

[Amended 8-25-82 by Ord. No. 0-8-82]

A. The owner of every on-site septic wastewater treatment facility in the Pinelands Area of the township shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of P.L. 1975, c. 326, of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

(1) Have the facility inspected by a technician at least once every three (3) years.

(2) Have the facility cleaned at least once every three (3) years.

(3) Once every three (3) years submit to the Board of Health serving the township a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and the cleaning and the date of such inspection.

[Amended 5-24-89 by Ord. No. 0-27-89]

B. Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement who do not hold a license to engage in such business issued by the Board of Health. Such licenses shall be valid for a period of one (1) year from the date of issuance but may be renewed by the Board of Health. Said license may be revoked for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Board of Health.

C. The contents of any septic tank, cesspool, privy or other receptacle containing human excrement shall not be removed until a license for such removal has been obtained from the Board of Health.

§ 218-8 Hearing upon denial of license or certificate.

[Amended 8-25-82 by Ord. No. 0-8-82]

In case any license or certification required by this chapter is denied by the Board of Health, a hearing shall be held thereon before the Board within fifteen (15) days after request therefor is made by the applicant, and upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within fifteen (15) days after the date of such hearing.

§ 218-9 Stop-work order.

[Amended 8-25-82 by Ord. No. 0-8-82]

The Board of Health may order all further work in and about any individual sewage disposal system, which is being erected or installed in violation of the code and the standards under § 218.4 of this chapter if the system is located within the Pinelands Area of the township, to be stopped forthwith except such work as shall be necessary to remedy such violation and thereafter the work continued without any violation of any of the provisions of the code and the standards under § 218-4 of this chapter if the system is located within the Pinelands Area of the township 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 any part thereof no further work shall be done thereon except as aforesaid.

§ 218-10 Fees and charges.

The following fees and charges are herewith established:

A. For the filing of any application and plans for a license to locate and construct an individual sewage disposal system: five dollars ($5.).

B. For the filing of an application and plans for a license to alter an existing individual sewage disposal system: five dollars ($5.).

C. For the issuance of a license to locate and construct or alter an individual sewage disposal system: five dollars ($5.).

D. For each reinspection of an individual sewage disposal system or part thereof caused by the failure of the licensee to locate and construct or alter the same in accordance with the terms of the license issued or the terms of the aforesaid code: an inspection fee of one dollar ($1.).

E. For the issuance or renewal of a license to a person or corporation engaged in the business of cleaning or emptying receptacles for the reception and storage of human excrement or other putrescible matter: five dollars ($5.) for each vehicle or conveyance.

F. For the issuance of a license to clean or empty any receptacle used for the reception or storage of human excrement or other putrescible matter: one dollar ($1.).

§ 218-11 Violations and penalties.

A. Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this chapter or the Individual Sewage Disposal System Code of New Jersey (1963) made a part hereof shall, upon conviction thereof, pay a penalty of not less than two dollars ($2.) nor more than one hundred dollars ($100.) for each violation.

B. Each day a particular violation continues shall constitute a separate offense.

§ 218-12 Definitions.

[Added 12-17-02 by Ord. No. 0-29-02]

ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM

An individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

[Amended 8-21-18 by Ord. No. O.2018-018]