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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. BH-95-01 and BH-2-95.
[Ord. No. BH-3-09 § 1]
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1, it is the purpose of this section:
a. 
To establish a management program for individual and nonindividual subsurface sewage disposal systems in the Township of Chatham in order to ensure the proper operation and maintenance of such systems. This section requires existing, new and proposed individual and nonindividual subsurface sewage disposal systems to be pumped out every three years in order to minimize future malfunctions of such systems.
b. 
To regulate individual and nonindividual subsurface sewage disposal systems in the Township of Chatham 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 maintain records and manage systems in the Township of Chatham.
[Ord. No. BH-3-09 § 2]
This section shall be known as the Subsurface Sewage Disposal System Management Ordinance of the Township of Chatham.
[Ord. No. BH-3-09 § 3]
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 article, with the following additions:
ACTIVE USE FOR INITIAL LICENSES
Shall mean the use or direction of waste water to a system after the adoption date of this section. For renewal licenses, this term shall mean the use or direction of waste water to a system at any time during the period of the license.
BOARD OF HEALTH
Shall mean the Board of Health of the Township of Chatham.
EDUCATION PROGRAM
Shall mean an educational program prepared and administered by the Board of Health regarding the fundamentals of individual and non-individual 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.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
Shall mean 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.
LICENSED SEPTIC SLUDGE REMOVAL OPERATOR
Shall mean any person, firm or corporation who 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.
NONINDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
Shall mean 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.
OPERATOR'S LICENSE
Shall mean a license issued to an applicant pursuant to this section for the operation of an individual or nonindividual subsurface sewage disposal system.
OWNER OR OPERATOR
Shall mean the person who owns or leases the realty upon which an individual or non-individual subsurface sewage disposal system is located and/or the person who uses or operates said system. The owner of the reality and the operator of the system, if different, are jointly and severally liable for the obligations imposed by this section.
PLOT PLAN
Shall mean 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.
RETAIL FOOD ESTABLISHMENT
Shall mean an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption: 1. 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 2. That 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 service that is provided by common carriers.
SYSTEM
Shall mean an individual or nonindividual subsurface sewage disposal system, including all of the component parts thereof.
[Ord. No. BH-3-09 § 4]
a. 
Scope. The owner and/or occupant of any realty improvement serviced by an individual or non-individual on-site subsurface sewage disposal system located in the Township of Chatham shall be subject to all of the requirements of this section.
b. 
Applicability. No person within the Township of Chatham 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 section.
c. 
Exemptions. Any system not in active use shall be exempted from this section. 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.
[Ord. No. BH-3-09 § 5]
a. 
Requirement for License. No owner or occupant of a property in the Township of Chatham with an individual or nonindividual subsurface sewage disposal system shall use or operate the system unless a currently valid license to operate the system has been issued by the Board of Health.
1. 
The Board of Health or its designee may issue a license to operate a system. Educational information relative to the proper operation and maintenance practices (pursuant to N.J.A.C. 7:9A-3.14) shall be provided to the owner or occupant of a property upon one or more of the following events:
(a) 
Issuance of a certificate of compliance for a new system.
(b) 
Issuance of a certificate of compliance for the alteration of a system.
(c) 
Issuance of a renewal license for existing individual and nonindividual sewerage disposal systems in accordance with the existing three year schedule.
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 for in subsection BH2-1.11 of this section shall accompany each application for a license or renewal.
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 three months before the license expires and shall be directed to apply for a renewal of the license. Educational material relative to the proper operation and maintenance practice for such systems in accordance with N.J.A.C. 7:9A-3.14 shall be provided when the license is issued.
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 subsection BH2-1.7 of this section. Following pumpout, the owner/operator shall submit to the Board of Health a completed pumpout report prepared and signed by the person performing the required work.
2. 
No evidence of septic tank pumping shall be required to accompany any application for a license for an entirely new system that has been in operation for less than two years at the time of the filing of the application.
3. 
Renewal Term: Any license renewed under subsection BH2-1.5b shall be renewed for a period of three years.
4. 
As a condition precedent to a license renewal, the owner/operator shall pay the fee required by subsection BH2-1.11 herein.
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 section 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 section.
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 non-compliance;
5. 
Location of the existing system in a flood hazard, wetland area, wetland transition zone or other environmentally sensitive area as defined in Chapter 30, Article 10 of these Revised General Ordinances;
6. 
Proximity of the system to a well or water body.
7. 
The fact that the system is used by a retail food handling establishment.
The Board of Health may on its own motion extend the license renewal period from three to six years under certain conditions including, but not limited to, the following factors:
1. 
The number of people living in the residence.
2. 
The amount of time the residence is occupied.
3. 
The size of the septic tank.
[Ord. No. BH-3-09 § 6]
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 from 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 in the 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 non-biodegradable 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 all 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 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. 
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. 
When an individual or nonindividual subsurface sewage disposal system is being abandoned and a connection is being made to the public sewer system, the Plumbing Subcode Official shall ensure that the abandoned septic system and all of its component is disconnected from the building, pumped out and removed or filled with gravel, stones, or soil material.
3. 
Except when done as part of or in conjunction with an alteration or establishing a connection to the public sewer system, 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 leak-proof 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 Board of Health.
(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.
e. 
Maintenance of Dosing Tanks.
1. 
Dosing tanks and associated pumps, siphons, switches, alarms, electrical connections and wiring shall be maintained in proper working order.
2. 
Any solids that accumulate in the dosing tank shall be removed and disposed of in a sanitary manner.
[Ord. No. BH-3-09 § 7]
a. 
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.
b. 
Sewage 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:IA-1 et seq.
[Ord. No. BH-3-09 § 8]
Any person aggrieved by any decision of a designee of the Board of Health made pursuant to this section 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.
[Ord. No. BH-3-09 § 9]
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-2A and 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 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 section or any permit, certificate or license issued pursuant to this section 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 the 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, replacing, or altering 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 of this section 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 section. Any such revocation shall be upon notice to the owner/operator, with an opportunity to comment or appeal.
[Ord. No. BH-3-09 § 10]
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 Health Officer 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.
[Ord. No. BH-3-09 § 11]
a. 
Renewal License. The fee to renew a license to operate a system shall be $15 for three years. The next renewal date is August 31, 2010 and every three years thereafter.
b. 
Initial License. If an initial license is issued for a term of less than three years, the fee shall be $5 for each twelve-month period or any part thereof.
c. 
Delinquent Application for a License. An application for a license or renewal which is filed up to 30 days after the date upon which the license or renewal is required to be in effect shall be subject to a delinquent charge of $10. Thereafter, violations and penalties pursuant to subsection BH2-1.12 may be assessed at the discretion of the Board of Health.
[Ord. No. BH-3-09 § 12]
a. 
Any person who shall violate any provision of this section, any person who shall use or operate an individual subsurface sewage disposal system in the Township of Chatham without a currently valid license to operate such system issued by the Board of Health, and any person who shall violate any order of the Board of Health issued pursuant to this section shall be subject to a fine not exceeding $250 for each offense and an additional penalty of not more than $100 for each day a particular violation continues after notice of the violation shall have been given to such person by the Board of Health. Such notices shall be served upon the owner(s) personally, or by leaving it at his or her usual place of abode with a member of the family of at least 18 years of age, or by sending it by registered or certified mail, return receipt requested, to the last known address of the owner as revealed by the tax rolls of the Township of Chatham.
b. 
The institution of a proceeding by the Board of Health to impose a penalty for a violation of a provision of this section shall not preclude the Board from the exercise of any other authority of the Board which may be necessary in order to eliminate or abate a public health nuisance.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. BH-5-67.
[Ord. No. BH-4-01 § 1]
This section shall be known as the Individual Subsurface Sewage Disposal System Ordinance of the Township of Chatham.
The provisions of this section are intended to effectuate the administration by the Board of Health of the Township of Chatham (the Board of Health) of the rules, regulations, and requirements of the Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following (the State standards) and to prescribe certain higher standards with respect to such systems in the Township of Chatham. No provision of this section shall be interpreted or applied so as to diminish or lessen the minimum requirements of the State standards.
[Ord. No. BH-4-01 § 2]
Each of the following applications shall be considered and acted upon by the Board of Health at meetings of the Board:
a. 
An application for a permit to construct an individual subsurface sewage disposal system;
b. 
An application for a permit to alter an individual subsurface sewage disposal system;
c. 
An application to modify the design or location of an individual subsurface sewage disposal system previously approved by the Board of Health; and
d. 
An application for the approval of preliminary plans to use an individual subsurface sewage disposal system or systems to serve a lot or lots proposed to be created by subdivision approval or proposed to be developed in accordance with site plan approval.
An application for a permit to repair an individual subsurface sewage disposal system by fixing, refurbishing or replacing one or more components in a manner that will restore and preserve the system without changing the original location, design, construction, size, capacity, type or number of the components of the system shall be reviewed and acted upon by the Township Registered Environmental Health Specialist.
[Ord. No. BH-4-01 § 3]
An application for a permit to construct or alter an individual subsurface sewage disposal system shall be submitted on the application form provided by the Board of Health. The application form shall be fully and accurately completed and shall be accompanied by soil log data, soil test data, design data and calculations, and plans for the new or altered system. The application and all accompanying documents shall be signed and sealed by a licensed professional engineer.
All plans submitted to the Board of Health in connection with a proposed individual subsurface sewage disposal system or the alteration of an existing system shall be at a scale not smaller than one inch equals 50 feet, shall show contours at one-foot or two-foot intervals, and shall meet all of the requirements of N.J.A.C. 7:9A-3.5. A key map showing the location of the lot or lands in relation to other lands shall be included in an upper corner of the plan.
All soil log data, soil test results, design data and calculations and the particular construction specifications shall be placed upon the plans.
Any waste transmission line passing under a driveway or other area to be used by motor vehicles shall be provided with a suitable sleeve.
[Ord. No. BH-4-01 § 4]
Each soil sample taken by the applicant's professional engineer for purposes of tube permeameter test analysis and soil permeability class rating shall be approved in the field by the Township Registered Environmental Health Specialist. A report of every soil sample analysis shall be filed with the Board of Health.
[Ord. No. BH-4-01 § 5]
Soil tests for the sizing of disposal fields and trenches shall meet the following requirements: In no event shall a soil permeability class rating test be used for soils which are clay, silty clay, silty clay loam, sandy clay, clay loam, silt loam or silt, as such soils are defined and described in the State Standards. Accordingly, soil permeability class ratings of either K0 or K1 shall not be used for purposes of the design of an individual subsurface sewage disposal system.
In connection with any application, the Board of Health may require an applicant to perform additional soil permeability tests at depths other than the depth of infiltration when doubt exists as to the presence or type of a limiting zone.
Whenever more than one test rate is obtained for a proposed disposal field or trench, the test rate used for design calculations shall be the slowest test rate.
[Ord. No. BH-4-01 § 6]
When fill material is utilized in the zone of treatment, the fill shall meet the following requirements:
a. 
Coarse fragment content less than 15% by volume or less than 25% by weight;
b. 
Two 2% minimum to 4% maximum clay with a silt plus clay range from 5% to 12%;
c. 
Textural analysis (composition, by weight, of size fraction passing the two millimeter sieve): from 88% to 95% total sand fraction of which not more than 40% shall be fine plus very fine sands; and
d. 
Permeability from two to 20 inches per hour; or percolation rate from three to 30 minutes per inch.
[Ord. No. BH-4-01 § 7]
Inasmuch as State standards require a minimum distance of 50 feet between disposal fields on adjacent lots, no part of a disposal field shall be closer than 25 feet to the property line of an adjacent lot, provided, however, that the Board of Health may reduce the distance to not less than 10 feet for an existing lot in the event that the Board determines that the reduction approved is necessary by reason of the size, shape or condition of the existing lot and that the reduction will not unreasonably affect the opportunity to use an individual subsurface sewage disposal system to serve the adjacent lot.
No part of a disposal field shall be closer than 50 feet to a natural pond or to a detention/retention basin, as measured from the top of the bank.
No part of a disposal field shall be closer than 50 feet to an area of special flood hazard as established by the provisions of Article 10, Flood Hazard Area Regulations of the Land Use Ordinance of the Township of Chatham.
No part of a disposal field shall be located within an existing or proposed easement.
No part of a disposal field shall be closer than 50 feet to the boundary of a freshwater wetlands and no part of a disposal field shall be located within a wetland transition area as the wetlands or transition area may be established by a Letter of Interpretation issued by the New Jersey Department of Environmental Protection, and all applicable provisions of the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 and following, and the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A-1.1 and following shall be complied with.
In order to assure compliance with the requirements regarding minimum distances between individual subsurface sewage disposal systems and individual water supply systems on the same lot or on adjacent lots, prior to the design of any new such system, and in any event prior to Board of Health approval for any new such system, appropriate distance measurements shall be made in the field in the presence of a representative of the Board of Health. The results of such distance measurements shall be shown upon the system design plan submitted to the Board of Health for approval as well as upon any as-built plan for the system.
Whenever an application to the Board for a permit to construct or alter an individual subsurface sewage disposal system proposes a disposal field or disposal trenches closer than 25 feet to the property line of an adjacent lot, the applicant shall accompany the application to the Board with evidence by affidavit that at least 10 calendar days before consideration of the application by the Board written notice of the application was served by the applicant in person or by certified mail, return receipt requested, upon the owner of the adjacent lot as the owner is shown by the current Township tax list, such notice and proof to be in the form provided by the Board for such purpose. In acting upon the application the Board shall give due consideration to any objections or comments which may be presented to the Board by any such adjacent owner. A municipal street shall not be considered to be an adjacent lot for purposes of this paragraph.
[Ord. No. BH-4-01 § 8]
Unless the Board of Health for good cause may approve otherwise, any disposal field installed in connection with the alteration of an individual subsurface sewage system which is located in proximity to a property line shall be designed and graded in compliance with the following standards:
a. 
There shall be no change in grade which raises any portion of the lot within five feet of a property line;
b. 
There shall be no change in existing grade which raises any portion of the lot within 15 feet of a property line to an elevation which is more than four feet above the existing ground level at the property line;
c. 
Any new grade shall be an even slope with the toe of the slope at the ground level no less than five feet inside the property line, provided, however, that when deemed necessary a swale may be created in order to control surface waters in a manner that will protect abutting lands.
d. 
Any retaining wall shall not exceed six feet in height above the natural grade, provided, however, that for each six inches in height above the natural grade a retaining wall shall be set back at least one foot from the property line to which it is adjacent.
The foregoing minimum distance from property lines shall be measured at right angles to straight portions and radial to curved portions.
[Ord. No. BH-4-01 § 9]
No person shall install a garbage disposal unit in a new or existing dwelling served by an individual subsurface sewage disposal system without the specific written approval of the Board of Health.
No person shall dispose of any swimming pool backwash water or other swimming pool water in an individual subsurface sewage disposal system.
No person shall grade or regrade any property in a manner that will cause surface waters to flow upon the area in which the disposal field of an individual subsurface sewage disposal system is located.
No person shall plant on top of the disposal field of an individual subsurface sewage disposal system trees or other vegetation having a root system that is capable of physically disrupting the disposal field.
[Ord. No. BH-4-01 § 10]
Every permit issued for the construction of an individual subsurface sewage disposal system shall expire one year after the date of issuance unless prior to such time construction of the realty improvement with respect to which the permit was issued shall have been commenced.
The Board of Health may in its discretion renew a permit which has expired under the provisions of this section. Any renewal shall be subject to the provisions of this section. A fee of $5 shall be charged for the renewal of a permit.
[Ord. No. BH-4-01 § 11]
The Board of Health shall be given at least 48 hours' prior notice (973-635-4600) of any of the following:
a. 
Performance of soil logs and soil permeability tests in existing ground for purposes of the preparation of an application for a permit to construct or alter an individual subsurface sewage disposal system or for the purposes of the preparation of a subdivision or site plan application;
b. 
Completion of excavation for an individual subsurface disposal system and prior to placing or replacing any soil;
c. 
Performance of soil permeability tests in any select material incorporated in the system;
d. 
Backfilling or covering any component of the system; and
e. 
Final inspection of the system prior to issuance of a certificate of compliance.
The person giving the required notice shall provide a telephone number at which such person may be reached by the Township Registered Environmental Health Specialist for purposes of scheduling the time at which a required field inspection will be performed.
A copy of the analysis of every soil sample taken shall be furnished to the Township Board of Health.
[Ord. No. BH-4-01 § 12]
Prior to the issuance of a certificate of compliance as to an individual subsurface sewage disposal system, the licensed professional engineer who designed the new system, or the alteration of an existing system, and the Township Registered Environmental Health Specialist who inspected the system shall both execute the appropriate form certifying that the system has been constructed and installed or altered in compliance with the State standards, any applicable higher standards of this section, the application approved by the Board of Health and as shown on an as-built engineering plan which shall be filed with the Board of Health along with the certification.
[Ord. No. BH-4-01 § 13]
In the event that a realty improvement is to be served by both a new individual subsurface sewage disposal system and a new individual water supply system, then a permit for the construction of the individual subsurface sewage disposal system shall not be issued by the Board of Health until the individual water supply system has been installed and tests establish that the system meets the requirements of Section 11(b) of Board of Health Ordinance BH-5-67, as amended, relating to individual water supply systems, as to yield (based upon tests performed by the licensed well driller) and as to quality (based upon water sample tests performed by a firm approved by the State for the purpose of making such tests).
[Ord. No. BH-4-01 § 14]
In order to satisfy the requirements of State law and the provisions of the Land Use Ordinance of the Township of Chatham, the Board of Health shall review and approve the preliminary plans for the use of any individual subsurface sewage disposal system to serve any lot in any proposed subdivision or any lot shown upon any site plan application, which review and approval shall be completed prior to the grant of subdivision or site plan approval by any other Township body.
Board of Health review for subdivision or site plan application purposes shall be based upon reports of soil suitability and tests for soil permeability. A minimum of one acceptable soil log and one acceptable soil permeability test shall be made on each proposed lot at a location suitable for a disposal field in view of anticipated development of the lot. A drawing meeting the requirements of subsection BH2-2.3 of this section shall be submitted showing each lot, the proposed realty improvement for each lot and the size, layout and design of an individual subsurface sewage disposal system to serve the proposed realty improvement. A proposed system shall meet the requirements of subsection BH2-2.7 of this section, and no part of a disposal field system shall be proposed to be located within an existing or proposed easement or in an area having a slope which is 15% or greater, except in cases where the State standards limit the slope to 10%. The drawing shall also show any of the following which are located within 100 feet of the proposed lot: existing streams, ditches and other watercourses, individual subsurface sewage disposal systems and individual water supply systems.
For subdivision review and approval purposes, the preliminary plan for an individual subsurface sewage disposal system to serve a proposed single-family residential lot shall be based upon a dwelling with no less than five bedrooms unless the proposed lot will be deed restricted to a lesser number of bedrooms until such time as the lot may be served by a municipal water pollution control system. No part of the disposal field for a lot to be created by subdivision approval shall be located closer than 25 feet to the property line of an adjacent lot served by, or which may require service by an individual subsurface sewage disposal system.
Prior to the performance of work at any site for purposes of obtaining soil logs or for purposes of soil suitability testing and prior to the scheduling of any observations of tests by the Township Registered Environmental Health Specialist a plan shall be submitted to the Board of Health showing the entire tract subject of the subdivision or site plan application and showing the locations of any of the following which may be present on the tract: any freshwater wetlands and wetland transition areas as established by a Letter of Interpretation issued by the New Jersey Department of Environmental Protection; State open waters; streams; ditches; and other watercourses. The plan shall also show the proposed locations for all soil logs and soil suitability tests, as well as proposed vehicular access to such locations. No activity shall be undertaken in violation of the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 and following, or the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A-1.1 and following.
In the event that the Board of Health shall approve the preliminary plans for the use of an individual subsurface sewage disposal system for a proposed subdivision lot or site plan, the Board shall adopt a resolution of approval and shall forward certified copes of the resolution to the Township Board acting on the subdivision or site plan application, to the applicant and to the applicant's engineer.
[Ord. No. BH-4-01 § 15]
In the event that connection with the municipal water pollution control system is not permitted by reason of a sewer connection ban imposed by the New Jersey Department of Environmental Protection, Board of Health approval for a new individual subsurface sewage disposal system within an existing Township sanitary service area shall be conditioned upon an assurance that the realty improvement will, upon notice from the Township, be connected with the municipal water pollution control system within one year after the sewer connection ban has been lifted and sewer service becomes available to the realty improvement. The assurance may take the form of a deed covenant approved by the Board of Health and recorded prior to the issuance of the permit to construct the individual subsurface sewage disposal system.
[Ord. No. BH-4-01 § 16]
In the event that a lot upon which an individual subsurface sewage disposal system is to be constructed lies within a proposed future Township sanitary sewer service area as shown upon a Township wastewater management plan approved by the New Jersey Department of Environmental Protection, Board of Health approval for a new individual subsurface sewage disposal system shall be conditioned upon an assurance that the realty improvement will, upon notice from the Township, be connected with the municipal water pollution control system within one year after sewer service becomes available to the realty improvement. The assurance may take the form of a deed covenant approved by the Board of Health and recorded prior to the issuance of the permit to construct the individual subsurface sewage disposal system.
[Ord. No. BH-4-01 § 17; Ord. No. BH-1-2012]
a. 
Requirement for Certificate. Prior to the transfer of title to any property which includes a previously occupied dwelling served by an individual subsurface sewage disposal system, a certificate for the continued use of the system shall have been issued by the Board of Health. An appropriate notation regarding this requirement shall be placed upon tax searches issued by the Tax Collector of the Township. A certificate for continued use of an individual subsurface sewage disposal system issued by the Board of Health more than six months prior to the transfer of title to the property as to which the certificate was issued shall not meet the requirement of this subsection BH2-2.17a.
b. 
Application for Certificate for Continued Use. Either the seller or the purchaser may make application to the Board of Health for the issuance of a certificate for continued use of an individual subsurface sewage disposal system. An application shall be made upon a form provided by the Board of Health for such purpose. The form shall include space for a report of inspection and tests of the system made in accordance with the provisions of this subsection BH2-2.17. A fee of $5 shall be paid at the time of the submission of an application.
In the event that a certificate of compliance has been issued by the Board of Health with respect to a new or altered individual subsurface sewage disposal system pursuant to subsection BH2-2.12 within the previous 12 months of the filing of an application for a certificate for continued use, then upon the payment of the $5 fee therefor a certificate for continued use shall be issued without the need for meeting any of the requirements of this subsection regarding inspections and tests of the system.
c. 
Inspection and Tests by Qualified Person. The required inspection and tests of an individual subsurface sewage disposal system shall be made by a person engaged by the applicant who is licensed by the State of New Jersey either as a professional engineer or as a Registered Environmental Health Specialist. Neither the Township Engineer nor any professional engineer associated with his firm nor a registered environmental health specialist affiliated with the Madison Board of Health shall perform the inspection or tests. The person making the inspection and tests shall sign the report required to be submitted to the Board of Health.
The inspection and tests shall be as follows:
1. 
On-Site Inspection. The on-site inspection shall consist of a visual check of the ground surface of the subject property both above and in the vicinity of the individual subsurface sewage disposal system for purposes of determining whether there is any evidence of recent overflow of the system or any seepage from the system into any watercourse as such term is defined in N.J.A.C. 7:9A-2.1.
2. 
Tests. The following tests shall be performed:
(a) 
Dye test in the plumbing system to determine whether there is any evidence of system overflows to ground surface or to any watercourse.
(b) 
Probe test to determine whether there is any saturation peculiar to the ground above the system. In the event that such saturation is found, it shall be considered evidence of system overflow.
(c) 
Usage test to ascertain whether the system can accept an appropriate discharge of water into the system without creating evidence of any overflow or seepage from the system. Total discharge of water into the system for any one usage test shall not exceed an amount calculated as follows:
50 gallons for the first bedroom plus 35 gallons for each additional bedroom, provided that the total volume of water discharged into the system shall not be less than 100 gallons nor more than 200 gallons, with the discharge being made within a period not exceeding one hour. No more than one such usage test shall be made on a system within any twenty-four-hour period.
d. 
Prohibited Methods for Testing an Individual Subsurface Sewage Disposal System. No person shall at any time test an individual subsurface sewage disposal system within the Township of Chatham by discharging any liquid into such system except as provided in subsection BH2-2.17c2(c), nor shall any person test such a system in any other manner that will adversely affect the functioning of the system.
e. 
Completion of Report and Execution. The report of inspection and tests which is submitted to the Board of Health on the form provided shall state that the person executing the report personally made the on-site inspection of the subject property and conducted the tests in the manner required by subsection BH2-2.17c and shall state whether such inspection and tests revealed or produced evidence of any overflow of the system or any seepage from the system into any watercourse as defined in N.J.A.C. 7:9A-2.1.
f. 
Issuance of Certificate for Continued Use. A certificate for continued use of an existing individual subsurface sewage disposal system serving a previously occupied dwelling shall be issued by the Secretary of the Board of Health within five calendar days after the receipt by the Board of a report stating that the inspection and tests made in accordance with the requirements of subsection BH2-2.17c did not reveal or produce evidence of any overflow of the system or any seepage from the system into any watercourse.
1. 
In the event the report of inspection and tests submitted to the Board of Health reveals evidence of malfunction, the purchaser will hold in escrow with the Board of Health, the sum equivalent to 100% of the written estimated cost of the new system, as determined by a licensed professional engineer, to assure that the system will be repaired within 45 days from the date of closing, and the property will not be occupied until such time that a certificate of continued use is issued by the Board of Health, following requisite repair(s). The Board of Health shall release said escrow to the purchaser upon the issuance of the certificate of continued use or upon demolition of the structure. An extension may be granted upon approval of the Board of Health.
g. 
Denial of Certificate for Continued Use. In the event that for any reason the requested certificate for continued use is denied, a notice of denial shall be sent to the applicant by the Secretary of the Board of Health within five calendar days of the receipt of the report of inspection and tests. Such notice shall state the reason for the denial.
If considered necessary for the evaluation of a report, an authorized agent of the Board of Health may make such examinations of an individual subsurface sewage disposal system and the property upon which it is located as may be deemed necessary in order to determine whether a certificate for continued use of the system should be issued.
h. 
Disclaimer. The issuance by the Board of Health of a certificate for continued use of an existing individual subsurface sewage disposal system shall not constitute a representation by the Board that the subject system will function satisfactorily for any given period of time following the date of the issuance of the certificate. Every certificate issued shall bear such a statement. The issuance of a certificate of continued use by the Board of Health shall not impede the Board from enforcing any and all public health laws.
[Ord. No. BH-4-01 § 18]
Any applicant who claims to be aggrieved by any action of the Township Board of Health or any authorized agent of the Board in the administration of the Individual Subsurface Sewage Disposal System Ordinance of the Township of Chatham shall have the right to appeal to the Board of Health by filing with the Secretary of the Board a written request for a hearing which specifies the action subject of the complaint. Such request shall be filed within 20 calendar days after the appellant receives notice of the action subject of the complaint. The Board of Health shall schedule a hearing on the matter to be held no more than 30 calendar days after the filing of the request, and notice of the hearing shall be sent to the appellant. Within 10 calendar days after the completion of the hearing, the action complained of shall be affirmed, modified or reversed by resolution of the Board which shall set forth findings and conclusions with respect to the disposition of the appeal. A copy of the resolution shall be furnished to the appellant.
[Ord. No. BH-4-01 § 19]
The following fees shall be paid to the Township of Chatham:
a. 
Test Observation and Inspection Fees. For the on-site observation by appointment with the Township Registered Environmental Health Specialist of a proposed disposal field profile (soil log) and/or the taking of soil samples for tests of soil permeability, the foregoing being for (1) preparation of an application for a permit to construct a new individual subsurface sewage disposal system or (2) preparation of a subdivision or site plan application, $100 per lot for either or both such observations.
The required fee shall be paid prior to the time of observation by the Township Registered Environmental Health Specialist of a disposal field profile (soil log) and/or the taking of soil samples for tests of soil permeability.
b. 
Application Filing Fees.
1. 
For filing an application and plans for a permit to construct a new individual subsurface sewage disposal system, $450.
2. 
For filing an application and plans for a permit to alter an existing individual subsurface sewage disposal system, $300.
3. 
For filing an application for a permit to repair an individual subsurface sewage disposal system by the replacement of an existing component or components of the system, $60.
4. 
For filing an application for approval of the preliminary plans for the use of an individual subsurface sewage disposal system to serve a lot in a proposed subdivision, $100 per lot. For filing an application for approval of the preliminary plans for the use of an individual subsurface sewage disposal system to serve a proposed site plan, $100 per lot.
The required fee for any of the foregoing shall be paid upon the submission of an application for a permit or upon an application for the approval of plans, as the case may be, and no action shall be taken by the Board of Health upon any such application until the required fee, as well as any fee required by paragraph a., has been paid.
The fee specified in this paragraph b shall cover but shall not necessarily be limited to all of the following: the filing of an application for a permit to construct a new individual subsurface sewage disposal system, or an application to alter an existing individual subsurface sewage disposal system or an application to repair an individual subsurface sewage disposal system, as the case may be; review of the application; issuance of any permit for construction, alteration or repair; inspections of work by the Township Registered Environmental Health Specialist, including inspection of select fill, any required reinspections of work and final inspection of any new or altered individual subsurface sewage disposal system or of any replaced component thereof; and the endorsement of a certificate of compliance by the Township Registered Environmental Health Specialist as to construction, alteration or repair in accordance with approved plans.
For new or altered systems an applicant shall also pay Technical Review Fees as may be required by subsection BH2-2.19c.
c. 
Technical Review Fees. In addition to any fees required by paragraphs a and b, an applicant shall pay a fee equal to the costs incurred by the Board of Health for any technical review of an application by the consulting sanitary engineer of the Board whose review, study, research, report and/or testimony is deemed necessary by the Board in order to assure that the proposed new or altered system will be in compliance with State standards and this section.
Technical review fees shall be calculated in accordance with the actual time required for review, study, research, report and/or testimony by the consulting sanitary engineer at rates established by a schedule of professional fees adopted and from time to time amended by resolution of the Board of Health, which schedule shall be maintained in the office of the Secretary of the Board for public inspection.
The Board shall require that an applicant make a deposit for technical review fees based upon an estimate of such fees in connection with a particular application, but in no event shall such a deposit be less than $1,500. The Board may require an additional deposit to cover technical reviews as consideration of an application progresses. All technical review fees with respect to any application shall be paid within 20 days after the receipt by an applicant of a statement therefor issued by the Board of Health.
No action shall be taken by the Board of Health on any application when a request for the deposit of additional technical review fees has not been complied with by an applicant.
Any portion of a deposit which is not actually required for technical review shall be returned to the applicant following action by the Board on the application.
No action by the Board of Health approving any application or authorizing the issuance of any permit or certificate of compliance as to a completed new or altered system shall become effective until all required technical review fees have been paid.
Any applicant questioning the amount of a technical review fee shall be entitled to inspect all of the records of the Board of Health with respect thereto, and if the applicant so requests in writing the Board shall hold a hearing with respect thereto at the next regular meeting of the Board. After such hearing the Board may affirm or modify the amount of the technical review fee by resolution adopted by a majority of the full membership of the Board, which resolution shall include findings of fact and conclusions.
d. 
Fee for Certificate for Continued Use of an Existing System. A fee of $5 shall accompany each application under subsection BH2-2.17 for a certificate for the continued use of an existing individual subsurface sewage disposal system. No further fee shall be required for the issuance of such a certificate.
[Ord. No. BH-4-01 § 20]
Every application shall be submitted to the Board of Health at least 10 days prior to the meeting of the Board at which consideration is desired.
[Ord. No. BH-4-01 § 21]
Any person who violates any provision of the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 and following, Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following, any provision of this section or any order of the Board of Health issued pursuant thereto shall be subject to a fine not exceeding $200 for each offense and an additional penalty of not more than $25 for each day a particular violation continues after written notice of the violation shall have been given to such person by the Board of Health.
The Board of Health may refer any violation to the New Jersey Department of Environmental Protection for the assessment of penalties under N.J.A.C. 7:9A-1.7.