Township of Warren, NJ
Somerset County
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Table of Contents
Table of Contents
Editor's Note: Previous ordinances codified herein include Ordinance Nos. 89-1A, 89-2A, 91-1A, 91-2A, 91-3A, 2007-2, 2007-3.
[Ord. No. BH2016-1 § 1]
The title of this chapter shall be "Standards for Individual Subsurface Sewage Disposal Systems."
[Ord. No. BH2016-1 § 3]
Except as provided in this chapter, the regulations (the "Code") adopted by the New Jersey State Department of Environmental Protection establishing uniform standards for individual subsurface sewage disposal systems titled "Standards for Individual Subsurface Sewage Disposal Systems," N.J.A.C. 7:9A et seq. are hereby adopted. A copy of said regulations (Code) are annexed hereto and incorporated by reference in this chapter.
[Ord. No. BH2016-1 § 4]
Three copies of the Individual Subsurface Sewage Disposal Systems regulations (N.J.A.C. 7:9A et seq.) have been placed on file in the office of Administrative Secretary of the Board of Health upon introduction of this chapter, and will remain on file there for the use and examination by the public.
[Ord. No. BH2016-1 § 5]
The Individual Subsurface Sewage Disposal Systems regulations are adopted without change except as modified and supplemented for this chapter as follows:
a. 
N.J.A.C. 7:9A-1.4. Practice Where Rules Do Not Govern.
The Administrative Authority shall exercise its discretion in respect to any matters not governed by this chapter or the Code, as it may be amended and supplemented by the Department.
b. 
N.J.A.C. 7:9A-1.6. General Prohibitions.
(a)-(c) No change from the Code.
(d) 
A System shall not be located, designed, constructed, installed, altered or operated in a manner that will allow the discharge of an effluent onto the surface of the ground, or into any Well, water course or detention basin. The existence of any effluent on the surface of the ground in the vicinity of any part of a septic system regardless of the amount or volume shall constitute presumptive evidence of a violation of this Section.
(e) 
The Administrative Authority shall not approve the construction or alteration of a System when connection to a sanitary sewer line is required under Section BH4-6 of this chapter.
(f)-(g) No change from the Code.
(h) 
The installation of Cesspools or Seepage Pits is prohibited.
(i)-(l) No change from the Code.
c. 
N.J.A.C. 7:9A-2.1. Definitions.
No change for any of the words and terms defined in this section of the Code, except as follows:
ADMINISTRATIVE AUTHORITY
Means and refers to the Warren Township Board of Health having jurisdiction or its authorized agent.
BOARD OF HEALTH
Means and refers to the Warren Township Board of Health.
CODE
Means and refers to Chapter 9A of Title 7 of the regulations adopted by the New Jersey Department of Environmental Protection titled "Standards for Individual Subsurface Sewage Disposal Systems" effective April 2, 2012 (N.J.A.C. 7:9A-1 et seq.).
OWNER
Means and refers to a Person who holds ownership in fee of Property, and shall include, when the context requires, any other Person in possession or control of Property.
d. 
N.J.A.C. 7:9A-3.1. Ordinances.
(a)-(c) No change from the Code.
(d) 
The Administrative Authority may, after written application and a hearing, and for good cause shown, grant permission for variations from the provisions of this chapter, but no variation shall be permitted under this Section which would result in a failure to comply with the standards adopted by the Department for the construction of a System.
(e) 
Applicants to the Administrative Authority for variations from the provisions of this chapter, for subdivision certification, or for site plan approval, for new or existing Systems shall give written notice of the application to the Owners of all real Property as shown on the current tax map located within 200 feet in all directions of the Property which is the subject of the application. Notice shall be given by personal service or certified mail. The Applicant shall file an affidavit of service, or proof of service with the Administrative Authority prior to the meeting at which action is scheduled to be taken on the application.
(f) 
In the event that any present or future State law or regulation imposes standards more stringent than those contained in this chapter, the more stringent standards shall supersede the requirements of this chapter.
e. 
N.J.A.C. 7:9A-3.3. Existing Systems.
(a)-(e) No change from the Code.
(f) 
An application to permit an Alteration or repair which departs from the requirements of this chapter to an existing System that has been determined to be malfunctioning may be acted upon by the Health Officer without review and formal hearing before the Board of Health. The Health Officer may act only if the Alteration or repair is not required for an intensification, expansion, or change of use, and further provided that the proposed Alteration or repair is in compliance with the Code, as it may be amended and supplemented by the Department. The application may also be referred to the Board of Health for action at the discretion of the Health Officer.
f. 
N.J.A.C. 7:9A-3.5. Permit to Construct or Alter.
(a) 
No change from the Code.
(b) 
1. 
The Administrative Authority shall not issue a Permit to construct, install or alter a System until an application has been submitted as prescribed in (c) below and, based upon a review of the application submitted, the location and design of the proposed System are found by the Administrative Authority to be in conformance with the requirements of this chapter, and any applicable amendments or changes to the Code as adopted by the Department.
2. 
Any Permit issued by the Administrative Authority shall be void and invalid if the authorized work is not commenced within 12 months after issuance of the Permit, or if the authorized work is not completed within a period of six months after work is commenced.
3. 
The Administrative Authority or its authorized agent may order all or any part of the work in and about any System to be halted immediately when the work is being conducted in violation of this chapter or any applicable amendments or changes to the Code as adopted by the Department. The order shall be served upon the Owner, or the Person performing the work, or by posting a copy of the order on the Property.
(c)-(f) No change from the Code.
(g) 
The Septic System Designer shall certify in writing with the application that the plans for the proposed System are in compliance with this chapter, and any amendments or changes to the Code as adopted by the Department, and all other applicable statutes, regulations, and ordinances.
(h) 
1. 
A Permit to construct and install a System shall be valid only for excavation of the disposal field area to demonstrate to the satisfaction of the Administrative Authority that the subsurface conditions are consistent with the test results submitted by the Applicant and that such conditions are capable of supporting the proposed System.
2. 
Except for the excavation of the disposal field, no additional construction or installation of a System, the dwelling served, or other structure shall be commenced until the excavated disposal field has been inspected and approved by the Administrative Authority and the System Permit endorsed to authorize construction to proceed.
g. 
N.J.A.C. 7:9A-3.6. Witnessing of Soil Evaluation and Testing; Duration of Test Results.
(a) 
No change from the Code.
(b) 
The Administrative Authority may affirmatively waive the requirements for witnessing of soil evaluation or testing procedures, but no such waiver shall be construed from the failure of the Administrative Authority to be present for the evaluation or testing procedures.
(c) 
Permeability tests, percolation tests, soil logs and borings, and seasonal high groundwater test results submitted to the Administrative Authority shall be valid for a period of two years from the date the tests were performed. Permeability tests, percolation tests, soil logs and borings, and determinations of seasonally high water table, which do not comply with this requirement, will not be accepted by the Administrative Authority for the design and location of a System.
(d) 
The two-year period during which test results are acceptable may not be extended, and no variations from this requirement shall be granted by the Administrative Authority. However, the two-year period shall be tolled on completed applications that have been filed in their entirety with the Administrative Authority with test results performed within two years of the filing date.
h. 
N.J.A.C. 7:9A-3.20. Hearing Procedures.
When any license, Permit, or certification required by this chapter is denied by the Administrative Authority, the aggrieved Applicant may request a hearing before the Board of Health. The hearing shall be held before the Board of Health within 15 business days after the filing of written request by the Applicant with the Administrative Secretary of the Authority. Upon such hearing, the Board shall affirm, alter or rescind the previous determination and take action accordingly within 15 business days after the date of such hearing. If the aggrieved Applicant is dissatisfied with the determination, the Applicant may file an action in a court of competent jurisdiction pursuant to the rules of the Superior Court of New Jersey.
i. 
N.J.A.C. 7:9A-4.3. Distances.
The minimum separation distance between the various components of the System and the other features listed shall conform to and be maintained in accordance with Table 4.3 below. The location of a new Well must be in conformance with the requirements of N.J.A.C. 7:9D. No Permit or waiver issued outside of this chapter by any local, State or Federal entity shall be construed to permit deviation from or a waiver of the separation distances requirements listed in the Table 4.3 below.
Table 4.3 Minimum Required Separation Distances (feet)
[Distances modified from the Code (N.J.A.C. 7:9A et seq.) are underlined.]
Component
Reservoir, Well or Suction Line
Water Service Line, Pressure
Watercourse (1, 12)
Occupied Building
Property Line (15)
Disposal Field
Existing Seepage Pit or Cesspool
In-ground Swimming Pool or Detention Basin
Building Sewer
50(2)
5
Septic Tank
50(2)
10
50(2,5)
10(6)
15
20
D-Box (14)
75(2)
10
100 (2,5)
30
15
20
Disposal Field (11)
100 (2,4)
10
100 (2,3,5)
30(7)
15
50(8)
50
50
Seepage Pit (9)
150 (2, 13)
50
100 (2, 5)
50(7)
20
50
50
Dry Well
75
10
15
50
50
Notes to Table 4.3:
(1) - (8)
No change from the Code
(9)
Seepage Pits are not permitted except as provided under Section 5(m) of this Ordinance modifying Code Section 7:9A-7.3.
(10)
[Reserved]
(11) - (15)
No change from the Code
j. 
N.J.A.C. 7:9A-5.8. Criteria for Recognition of Zones of Saturation.
(a) 
No change from the Code.
(b) 
1. 
The upper limit of the zone of saturation, which is the seasonally high water table, shall be determined based upon all of the following:
i. 
During the months of January through April, inclusive, water levels shall be measured directly within soil profile pits or borings. Whenever the Department determines that there has been a significant departure from normal climatic conditions the Department may, with due notice to the Administrative Authority, lengthen or shorten the period allowed for direct measurement during any given year.
ii. 
A test in the disposal area shall be conducted to provide evidence of the seasonally high water table. This test shall be conducted in a manner to allow for ground water equilibrium to be reached over a period of not less than seven calendar days from the start of the test, through a method to be proposed by the Applicant's Septic System Designer and agreeable to the Administrative Authority and the Township Engineer. The seasonally high groundwater test results shall be certified by septic system designer and witnessed by a representative of the Administrative Authority. Reports of the depth to the seasonally high water table shall be provided in a format acceptable to the Administrative Authority.
iii. 
The seasonally high groundwater levels for the site as determined by the Soil Conservation Service shall be provided to the Administrative Authority with the Permit application.
iv. 
When an interceptor drain is proposed to control a perched zone of saturation, or when doubt exists as to whether a zone of saturation is regional or perched, a hydraulic head test meeting all of the conditions of N.J.A.C. 7:9A-5.9 shall be required.
v. 
The Administrative Authority may require additional information and testing concerning the seasonally high ground water table.
2. 
Where mottling is observed, at any season of the year, the seasonally high water table shall be taken as the highest level at which mottling is observed, except when the water table is observed at a level higher than the level of the mottling as provided in subparagraph (b) 1.
(c)-(f) No change from the Code.
(g) 
Excavation and removal of a hydraulically restrictive horizon above an artesian zone of saturation for the installation of a soil replacement or mounded soil replacement disposal field is prohibited.
k. 
N.J.A.C. 7:9A-6.1. General Provisions for Permeability Testing.
(a)-(d) No change from the Code.
(e) 
When the percolation test is used the following requirements shall be met:
1. 
When the percolation test is used to determine the design permeability at the level of infiltration, the Administrative Authority shall require a minimum number of acceptable percolation tests based upon the size of the proposed disposal field as follows:
Size of Disposal Field
(square feet)
Minimum Number of Acceptable Tests Per System
Blackwater Waste System
Greywater Waste System
Less than 1,500
2
2
1,500 to 3,000
3
3
3,000 to 4,000
4
4
4,000 to 6,000
5
5
(e)2-(e)7 No change from the Code.
8. 
If unacceptable percolation test results for a Property have been obtained in the past, the Board of Health shall first conduct a hearing prior to accepting later test results. The Applicant shall have the burden of proving the reliability of the later test results, failing which they shall not be accepted.
(f)-(l) No change from the Code.
l. 
N.J.A.C. 7:9A-6.2. Tube Permeameter Test.
(a)-(k) No change from the Code.
(1) 
If unacceptable permeability test results for a Property have been obtained in the past, the Board of Health shall first conduct a hearing prior to accepting later test results. The Applicant shall have the burden of proving the reliability of the later test results, failing which they shall not be accepted.
m. 
N.J.A.C. 7:9A-7.3. Type of Waste.
(a) 
The System(s) shall be designed to receive all sanitary sewage from the building served as follows:
1. 
Separate Systems shall be designed to receive only Greywater waste and only Blackwater waste, as required in subsection (n) (Code section 7:9A-7.5), below.
2. 
Laundry wastes may be discharged into an existing Seepage Pit when approved by the Administrative Authority as a means of reducing hydraulic loading on an existing disposal field which has been malfunctioning, provided, however, no new Seepage Pits shall be permitted.
(b)-(e) No change from the Code.
n. 
N.J.A.C. 7:9A-7.5. Separate Disposal of Greywater and Blackwater.
(a) 
If Greywater is to be discharged, separate Systems (a split System) each meeting all the requirements of this chapter for such Systems shall be provided and the Greywater shall discharge into a Greywater System and the other wastes shall discharge into a Blackwater System. The volume of sanitary sewage used in the design of the Blackwater System and the Greywater System shall be a minimum of 75% of the volume of sanitary sewage determined as prescribed in the Code, except as otherwise provided in subparagraph (b).
(b) 
The minimum required bottom area of the disposal field of the Greywater System shall in no case be less than 600 square feet per laundry room.
o. 
N.J.A.C. 7:9A-8.3. Advanced Wastewater Pretreatment Components.
(a)-(d) No change from the Code.
(e)1-(e)3 No change from the Code.
(e) 
4. 
License Required. A license issued by the Administrative Authority shall be required to operate an advanced wastewater treatment or disposal technology System.
5. 
Issuance of License. The license shall be issued to the Owner of the Property, subject to compliance with the provisions of this chapter and any applicable changes or amendments to the Code adopted by the Department, and upon the filing of a fully executed service agreement and the reporting information required under subsection (e)(2) of this section for any System using advanced wastewater treatment or disposal technology(ies). All licenses issued pursuant to this section shall be on a form provided by the Administrative Authority upon payment of the applicable fees.
6. 
Expiration/Renewal. The license to operate an advanced wastewater treatment or disposal technology System shall be renewed annually by the Administrative Authority upon receipt of the required fee and satisfaction of the annual reporting requirements described in this subsection. A license shall be transferable upon change of ownership of the Property for which the license has been issued upon notice to the Administrative Authority. Any System for which a valid license is not in effect shall be deemed a nuisance pursuant to this chapter, and the Owner shall be subject to a separate violation for each day the System is in operation without a valid license.
7. 
Suspension of License. The Administrative Authority may suspend or revoke the license to operate under the following circumstances:
i. 
It has been determined that the System is malfunctioning based upon criteria provided for in this chapter (N.J.A.C. 7:9A-3.4(a)) and the licensee fails to take immediate steps to correct said malfunction as directed by the Administrative Authority; or
ii. 
The Owner or occupant of the Property served by the System violates any provision of this chapter or any applicable amendments or changes to the Code adopted by the Department with respect to operation, maintenance, and/or reporting for the System; or
iii. 
The Owner or occupant of the Property served by the System denies the right of entry to the Administrative Authority or its agent, or to the Department as required in this chapter (N.J.A.C. 7:9A-3.19), or interferes with the administration or enforcement of this chapter; or
iv. 
The System is deemed to be a nuisance pursuant to this chapter.
p. 
N.J.A.C. 7:9A-10.1. General Design Requirements for Disposal Fields.
(a) 
A disposal field shall be required for all new Systems. The disposal field shall consist of one or more disposal trenches or a disposal bed designed, constructed and installed as hereafter prescribed.
1. 
Provision shall be made for expansion of the System equal to not less than 100% of the required size of the System itself.
2. 
No construction of a System, a dwelling, or other building on the Property shall be commenced until the entire disposal field area is first excavated and subsurface conditions are found by the Administrative Authority to be fully consistent with the test results submitted by the Applicant and capable of properly supporting the proposed System. The Permit application process for such excavation is described in Section BH4-4f of this chapter (N.J.A.C. 7:9A-3.5(h) as modified by this chapter). The excavation and the disposal area shall at all times be fully protected with appropriate fencing for safety reasons, and to prevent the intrusion of vehicles, equipment, etc., into the disposal area. Such excavation shall not be allowed to remain open to the atmosphere for extensive periods. The Applicant shall, upon the opening of the excavation, promptly apply for the inspection and approval referred to in Section BH4-4f of this chapter (N.J.A.C. 7:9A-3.5(h) as modified by this chapter), and, after receiving the endorsement referred to therein, shall protect the disposal area through the installation of (temporary) select fill to the satisfaction of the Administrative Authority, or complete the construction of the System or of the elements to be installed in the disposal field area.
(b)1-(b)3 No change from the Code.
(b) 
4. 
Mounded installation: Fill material shall be placed above the Existing Ground Surface; the disposal field shall be installed within the fill; and the level of infiltration shall be one to four feet above the Existing Ground Surface (measured on the upslope side of the disposal bed or each individual disposal trench), as shown in Figure 20 of Appendix A of the Code.
i. 
Mounded disposal fields shall not be permitted when the upper limit of the mound exceeds the height of four feet above the Existing Ground Surface, except on formal application and hearing before the Board of Health, and for good cause shown. The Board of Health shall consider the following conditions (in addition to any other conditions set forth in this chapter and any applicable amendments or changes to the Code as adopted by the Department) in determining whether a mounded disposal field shall be permitted:
(1) 
The size of the Property and its suitability for the installation of the System;
(2) 
The topography of the Property and the suitability of the slope for the installation of the System; and
(3) 
Any other material conditions.
ii. 
When a mounded disposal field is permitted, the top surface of the fill layer at the outside edge of the mounded System shall be sloped to existing ground at a grade not exceeding 4 to 1.
5. 
Mounded soil replacement installation: An excavation shall be made below the Existing Ground Surface; fill material shall be placed within this excavation and mounded up above the Existing Ground Surface; the disposal field shall be installed within the fill; and the level of infiltration shall be at Existing Ground Surface or up to four feet above the Existing Ground Surface (measured on the upslope side of the disposal bed or each individual disposal trench), as shown in Figure 21 of Appendix A of the Code.
i. 
Mounded soil replacement disposal fields shall not be permitted when the upper limit of the mound exceeds the height of four feet above the Existing Ground Surface, except on formal application and hearing before the Board of Health, and for good cause shown. The Board of Health shall consider the following conditions (in addition to any other conditions set forth in this chapter and any applicable amendments or changes to the Code as adopted by the Department) in determining whether a mounded soil replacement disposal field shall be permitted:
(1) 
The size of the Property and its suitability for the installation of the System;
(2) 
The topography of the Property and the suitability of the slope for the installation of the System; and
(3) 
Any other material conditions.
ii. 
When a mounded soil replacement disposal field is permitted, the top surface of the fill layer at the outside edge of the mounded System shall be sloped to existing ground at a grade not exceeding 4 to 1.
(c)-(e) No change from the Code.
(f)1-(f)6 No change from the Code.
7. 
If suitable soils as defined by this chapter (See N.J.A.C. 7:9A-2 et seq.) are not shown to exist between the bottom of the fill material and the level at which testing was performed to demonstrate the permeability of the zone of disposal, the fill material shall be extended fully to the depth of such testing.
[Ord. No. 91-2A § 1; Ord. No. 91-3A § 1; Ord. No. BH2016-1 § 6]
a. 
Connection to Sanitary Sewer Line Required.
1. 
Except as provided in paragraph b of this section, any owner of Property where a sanitary sewer line is available within 200 feet from a Dwelling Unit, or 300 feet of Commercial Unit shall connect the Building Sewer to the sanitary sewer line within 90 days after notice from the Administrative Authority. The distance shall be measured from the point of connection to the sanitary sewer line as determined by the engineer representing the municipal sewerage authority to the nearest point of the building at ground level. The measurement shall be determined in a horizontal straight line in a vertical projection from above the Property. For the purpose of this section, a sanitary sewer line shall be considered available when the following conditions are met:
(a) 
Connection of the facility to the sanitary sewer line may be accomplished without blasting bedrock, acquiring an easement or right-of-way to cross an adjoining Property, or crossing a watercourse, railway, major highway or other significant obstacle; and
(b) 
The Property to be served is located within the designated sewer service area of the sewage treatment plant to which the sanitary sewer line is connected.
2. 
Where the sanitary sewer line is available, but where the distance between the line and the structure exceeds that specified in subparagraph (1), the Owner of Property already served by a System shall nevertheless be required to connect unless the owner establishes to the satisfaction of the Administrative Authority that the System serving the Property is functioning as designed, safely, in accordance with all applicable laws and regulations as certified by a Septic System Designer or Septic System Inspector.
b. 
Exemptions and Deferrals. Where the Property is already served by a System, the Board of Health may, after written application and a hearing, and for good cause shown, grant:
1. 
An exemption from the mandatory requirement for connection to the sanitary sewer line under subsection (a) if as a result of physical conditions upon the Property, including but not limited to subsurface formations or topography, connection would be exceptionally difficult or impracticable and result in substantial hardship to the Owner, provided however, that the Owner complies with the conditions set forth in subsections (c)(1) through (c)(4).
2. 
A deferral from the mandatory requirement for connection to the sanitary sewer line under subsection (a) if the System serving the Property has been replaced within 24 months prior to the Administrative Authority's issuance of the notice to the Owner to connect to the sanitary sewer line, provided however, the Owner complies with the conditions set forth in paragraphs c1 through c4. A deferral under this subparagraph shall not exceed five years.
c. 
Conditions.
1. 
The Board of Health shall not grant exemptions under paragraph b1, or deferrals under paragraph b2, unless the Owner establishes to the satisfaction of the Board of Health that the System serving the Property is functioning as designed, safely, in accordance with all applicable laws and regulations as certified by a Septic System Designer or Septic System Inspector.
2. 
The ninety-day period set forth in subsection (a) shall be tolled by the Owner's filing of an application for exemption or deferral with the Board of Health, and, if denied, shall resume on the date the Board of Health adopts a resolution denying the application.
3. 
All applications for exemptions or deferrals shall be made on forms specified by the Administrative Authority and shall include documentation of all design, technical, maintenance, and/or financial data necessary to support them.
4. 
The Owner shall have the burden of proving his eligibility for an exemption or deferral under this chapter.
[Ord. No. 91-2A § 2; Ord. No. 2007-2]
a. 
New individual subsurface 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 a certificate has been supplied by the engineer who designed the system that it has been located and constructed in accordance with his design filed with the original application and until the administrative authority or its authorized agent shall have issued a certificate approving the system as being in compliance with the terms of the license or permit, N.J.A.C. 7:9A, this chapter and all applicable laws and regulations.
b. 
Any permit issued by the administrative authority shall become invalid if the authorized work is not commenced within 12 months after issuance of the permit or if the authorized work is not completed within a period of six months after the time of commencing work.
c. 
An application to permit an alteration or repair to an existing individual subsurface disposal system that has been determined to be malfunctioning may be acted upon by the health officer without review by the board of health, provided that the alteration or repair is not required based upon an intensification or change of use and further provided that the altered or repaired disposal system will be in compliance with N.J.A.C. 7:9A - 1 et seq. and further provided that the health officer may refer the application to the board of health for action if the health officer determines that the application warrants review by the board of health.
[Ord. No. 91-2A § 3]
The administrative authority or its authorized agent may order all or any part of the work in and about any individual sewage disposal system where N.J.A.C. 7:9A or this chapter are being violated to be stopped forthwith. The order shall become effective upon the service of a copy thereof upon any person connected with or working in or around the disposal system or upon posting the same on the subject premises.
[Ord. No. 91-2A § 4]
In case any license or permit or certification required by this chapter is denied by the administrative authority, a hearing shall be held thereon before the administrative authority within 15 days after an express written request therefor is made by the applicant and upon such hearing the administrative authority shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
a. 
The administrative authority may, after written application therefor, hearing thereon, and good cause shown, grant permission for variations from the provisions of this chapter, but no variation shall be permitted under this section which would result in a failure to comply with the then current standards for the construction of individual subsurface sewage disposal systems promulgated by the New Jersey State Department of Environmental Protection.
b. 
Where an individual subsurface sewage disposal system as prescribed in this chapter will not be constructed and where an alternate design is proposed and such design is other than a design permitted by the then current standards for the construction of individual subsurface sewage systems promulgated by the New Jersey State Department of Environmental Protection, the proposal must first be submitted to the administrative authority and the information, justification and documentation required by the Department of Environmental Protection for alternate designs and new technology must be included. After approval by the administrative authority, all necessary approvals of the Department of Environmental Protection must then be obtained. The applicant must then apply to the administrative authority for all required permits for the system.
Applicants to the administrative authority for variations from the provisions of this chapter, for subdivision certification, or for site plan approval which involve a new or existing subsurface sewage disposal system shall give public notice of the application to the owners of all real property as shown on the current tax map within 200 feet in all directions of the property which is the subject of the application. Notice shall be given by personal service or certified mail. The applicant shall file an affidavit of proof of service with the administrative authority prior to the meeting at which action is to be taken on the application.
[Ord. No. BH2016-1 § 7]
a. 
Any Person violating any of the provisions of this chapter, or the regulations (N.J.A.C. 7:9A et seq.) (Code), as it may be amended by the Department, or any order entered by the Administrative Authority to enforce this chapter shall, upon conviction, pay a penalty of not more than $500 nor less than $5 for each violation.
b. 
Each day a particular violation continues shall constitute a separate offense.
[Ord. No. BH2016-1 § 8]
The invalidity or unenforceability of any provisions of this chapter shall not affect the validity or enforceability of the remainder of this chapter, which shall remain in full force and effect, and shall be construed in a manner to best protect the public health and welfare.
[Ord. No. 2007-3]
All definitions 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 Onsite Wastewater Treatment Systems, N.J.A.C. 7:9A-1.1 et seq. and any amendments thereto are hereby incorporated, with the following addition:
ADVANCED WASTEWATER TREATMENT OR DISPOSAL TECHNOLOGY
Shall mean any component or system, which is a part of an individual subsurface sewage disposal system, that is employed to reduce levels of pollution or convey pollutants to the subsurface environment that is not addressed or is not designed in strict conformance with the requirements of N.J.A.C. 7:9A.
[Ord. No. 2007-3]
a. 
Applicability. Advanced wastewater treatment or disposal technology, which is alternative to the standard technology allowed by N.J.A.C. 7:9A-1 et seq., may be approved at the discretion of the Board of Health to repair/alter existing, malfunctioning septic systems in cases where site constraints do not allow for a repaired/altered system that is fully compliant with the requirements of N.J.A.C. 7:9A-1 et seq. and this section.
b. 
General Requirements.
1. 
Each advanced wastewater treatment or disposal technology system shall be in compliance with all applicable rules, regulations, standards and guidelines for the New Jersey Department of Environmental Protection, as such may be amended from time to time.
2. 
Each system which incorporates advanced wastewater treatment or disposal technology shall incorporate the following conditions:
(a) 
Advanced wastewater treatment or disposal technology systems that are equipped with automatic dialing capability or other automatic notification to the manufacturer, or its agent, in the event of a mechanical malfunction shall be covered by a minimum three-year warranty that can not be cancelable and is renewable and transferable. This warranty must include provisions for the manufacturer or its agent to inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspections or as a result of observations made at any other time. Reporting of the system inspection and maintenance shall be performed on an annual basis as specified in paragraph (d) below.
(b) 
Advanced wastewater treatment or disposal technology which does not include automatic notification capabilities described in paragraph (a), above, shall be covered by a minimum five-year warranty that can not be cancelable and is renewable and transferable and which includes provisions for the manufacturer or its agent to inspect the system at least once every three months (quarterly) 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. Reporting of the system inspection and maintenance shall be performed on an annual basis as specified in paragraph (d) below.
(c) 
A copy of the maintenance contract and warranty for the system must be submitted to the Board of Health prior to the issuance of a license to operate. The maintenance contract must remain in effect until the system is removed.
(d) 
An annual report shall be submitted, with the appropriate fee, to the Board of Health by the system manufacturer, or its authorized agent, identifying each system, the status of the maintenance contract, proof that the renewable warranty and maintenance contract have been extended for the proper inspection and maintenance of the system, identification of any service problems associated with those systems and how they were corrected. The report shall include the system inspection and maintenance as defined above. Any system that does not renew its warranty and maintenance contract and/or provide an annual report shall be deemed a nuisance pursuant to this section, subject to a separate violation for every day the maintenance contract is not renewed.
(e) 
The property owner shall be required to record with the deed to the property, prior to installation, a notice, in a form acceptable to the Board of Health, that identifies the technology, acknowledges the owner's responsibility to operate and maintain it, and grants access to the property for the purpose of system monitoring and inspection. The property owner shall provide this notification to a purchaser of the property, prior to entering into a contract for real estate transfer, with a copy to the Board of Health, acknowledging the presence, location and requirements of the advanced technology that exists on the property. This notification shall include a copy of the manufacturer's owner's manual for the technology and a copy of this section.
(f) 
In accordance with applicable law, the NJDEP or Board of Health may require the owner of the advanced wastewater treatment or disposal technology to cease use of this alternative technology and/or take any other actions, as it deems necessary, to protect public health, safety, welfare, or the environment.
(g) 
Any person violating any provision of this section, or any terms or conditions of any certificate or license issued hereunder, upon conviction thereof shall pay a penalty of not more than $1,000 for each violation. Each day a particular violation continues shall constitute a separate offense.
c. 
Manufacturer Requirements. The manufacturer of an advanced wastewater treatment or disposal technology system, to be constructed upon a property in the Township of Warren, shall be required to provide to the Board of Health or its designee upon request.
1. 
A list of qualified installers and technicians.
2. 
Training materials and expected qualifications of technicians and installers.
3. 
A free training program, for the advanced technology, to township personnel and their designees.
4. 
A copy of the owner's manual for each advanced wastewater treatment or disposal technology system installed.
d. 
License to Operate. No owner or occupant of a property in the Township of Warren, upon which an advanced wastewater treatment or disposal technology system is located, shall operate or otherwise use the system unless a currently valid license to operate the system has been issued by the Board of Health to the owner of the property on which the system is located.
The fees applicable to advanced wastewater treatment or disposal technology shall be as set forth below, as such fees may be amended from time to time:
Application/Review Fee:
$100
License Fee:
$100
Renewal Fee:
$50
Annual Report Fee:
$15
1. 
Requirement for License. The Board of Health may issue a license to operate, to the owner of a property, subject to compliance with the provisions of this chapter and upon issuance of a certificate of compliance for any system using advanced wastewater treatment or disposal technology(ies). All licenses issued pursuant to this section shall be on a form provided by the Board of Health upon payment of the applicable fees.
2. 
Expiration/Renewal. The license to operate an advanced wastewater treatment or disposal technology system shall be renewed annually by the Board of Health upon receipt of the required fee and satisfaction of the annual reporting requirements outlined in paragraph b2(d) above. A license shall be transferable upon change of ownership or occupancy of the premises for which the license has been issued upon payment of the applicable renewal fees. Any system that does not renew its licensure shall be deemed a nuisance pursuant to this section, subject to a separate violation for every day the license to operate is not renewed.
3. 
Suspension of License. The Board of Health may suspend or revoke the license to operate under the following circumstances:
(a) 
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 immediate steps to correct said malfunction as directed by the Board of Health or its designee;
(b) 
The owner or occupant of the premises served by the system violates any provision of this chapter with respect to operation, maintenance, and/or reporting for the system; or
(c) 
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 NJDEP, as required in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration or enforcement of this section.
(d) 
The system is deemed to be a nuisance pursuant to this section.
(e) 
Owners of an advanced wastewater treatment or disposal technology system, operating under a suspended license, shall be subject to penalties under this section and any other provision of applicable law or ordinance.