[Ord. #171-83, S 1]
Except where otherwise indicated by the context, the definitions
contained in "Standards for the Construction of Individual Subsurface
Sewage Disposal Systems (1978)", also known as Ordinance #55-78 of
the Board of Health of the Township of Montgomery and any amendments
thereto or successor ordinances shall apply in the interpretation
and enforcement of this chapter. In addition thereto, as used in this
chapter:
Shall mean the Board of Health of the Township of Montgomery.
Shall mean an individual subsurface disposal system is malfunctioning
when it causes pollution of ground or surface waters or of soil, contamination
of private or public drinking water supplies, nuisance problems, or
otherwise constitutes a hazard or potential hazard to public health.
Indications of a malfunctioning system include, but are not limited
to foul odors, breakout waste water on ground surface, backup waste
water into connecting structure, lush growth and soggy ground water
over the system occurring at any time of the year.
[Ord. #171-83, S 2]
It is found and declared that:
a.Â
Individual subsurface sewage disposal systems are in widespread use
in the Township.
b.Â
The malfunctioning of such systems constitutes a potential source
of pollution of ground and surface waters and soil, contamination
of potable water supplies, foul odors, nuisances and other hazards
to public health.
c.Â
It is determined to be in the interest of the public health, safety
and welfare to regulate the maintenance of such systems, to protect
against their malfunctioning and to provide for the immediate reparation
or replacement of malfunctioning systems.
[Ord. #171-83, S 3]
Upon the determination by the authorized agent that an individual
subsurface disposal system is malfunctioning and upon written notice
of the malfunction being given by the authorized agent to the owner
of the premises on which the malfunctioning system is situated, the
owner shall forthwith repair or replace, or cause to be repaired or
replaced the malfunctioning system. All repairs or replacements, i.e.,
alterations, shall be performed in accordance with "Standards for
the Construction of Individual Subsurface Disposal Systems (1978)",
also known as Ordinance #55-78 of the Board of Health of the Township,
and any amendments thereto or successor ordinances.
[Ord. #171-83, S 4]
a.Â
The owner of the premises on which the malfunctioning system is situated
shall have 10 days from the date written notice of the malfunction
is received within which to appeal the authorized agent's determination
of the existence of the malfunction to the Board of Health. To appeal
a determination of malfunction by the authorized agent, the owner
shall file a written request for a hearing with the Board.
b.Â
The Board shall consider the appeal at its next regularly scheduled
meeting, but in any event not later than 30 days of its filing unless
consented to by the owner, at a public hearing. At such hearing, the
Board shall take testimony and other evidence concerning the system,
and at the conclusion of the hearing, shall either affirm or reverse
the authorized agent's determination of the existence of a malfunction.
[Ord. #171-83, S 5]
The continued operation of a system and/or failure of an owner
to replace or repair the system following receipt of notice of the
malfunction from the authorized agent or affirmance by the Board of
the authorized agent's determination of malfunction, whichever
occurs later, is prohibited.
[Ord. #171-83, S 6]
a.Â
In addition to those rights granted to the Board by virtue of N.J.S.A.
26:3-45 et seq., the Board or authorized agent, upon probable cause
that a system is malfunctioning, shall, upon presentation of identification,
have the right to enter the premises on which the system is situated
for the purpose of observation, inspection, testing, monitoring, sampling
or confirmation of the existence of a malfunction. This authority
is exercised by virtue of N.J.S.A. 26:3-3 as a necessary and reasonable
method of furthering the duties of the Board as enumerated therein.
b.Â
The right of entry as described herein shall only extend to the exterior
portions of the premises, where the individual subsurface disposal
system or any component thereof, or any plumbing fixture which discharges
sanitary sewage into the system is located.
[Ord. #171-83, S 7]
Nothing herein shall be construed as limiting the Board's
authority under N.J.S.A. 26:3-45 et seq. to declare and abate a nuisance
and the powers herein described shall be co-extensive with those powers
therein described.
[Ord. #171-83, S 8]
The Board of Health may adopt and promulgate rules and regulations
in furtherance of the intent of this chapter.
[Ord. #171-83, S 9]
Any person violating any of the provisions of this chapter or
any order promulgated under this chapter shall, upon conviction thereof,
pay a penalty of not less than $5 nor more than $500 for each violation.
Each day a particular violation continues shall constitute a separate
offense.
