Editor's Note: Previous ordinances codified herein include
Board of Health Ordinance Nos. 85-1, 10/16/86, 3/18/88, 6/16/88 and
11/16/89.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The New Jersey Administrative Code (N.J.A.C.) Section 7:9A, et seq., entitled "Standards for Individual Subsurface Disposal Systems" is hereby adopted as uniform standards governing individual subsurface sewage disposal systems in the Township of Bedminster and is incorporated herein, in its entirety, by reference, subject to the amendments and supplements as set forth in Sections BH6-2 through BH6-12 of this chapter.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The Bedminster Township Board of Health is hereby designated
as the administrative authority having jurisdiction for the implementation
of this chapter, including the issuance of permits in accordance with
N.J.A.C. 7:9A-2.1 and N.J.A.C. 7:9A-3.5.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1; Ord. #96-01; Ord.
#BH:05-01]
N.J.A.C. 7:9A-3.5 is hereby supplemented with the following
provisions:
a.
Permit Required from Board of Health. No person shall construct,
install or alter, or repair an individual subsurface sewage disposal
system until the board of health has issued a permit for such construction,
installation, alteration or repair.
b.
Expiration of Permit. Any permit issued hereunder for the construction
or alteration of an individual sewage disposal system shall expire
if:
c.
Construction of Sewage Disposal Systems. All construction for sewage
disposal systems shall be completed within 10 business days from the
commencement of the installation of the sewage disposal system.
1.
A request for an extension of the above 10 day period must be in
writing to the Township Engineer and Health Officer. Construction
shall be deemed to have commenced when the excavation for the disposal
area, septic tank or other components begins. Construction will be
complete when the final grading of the disturbed areas is complete.
The house connection need not be constructed for the work to be deemed
complete.
2.
If the owner/applicant fails to complete installation of the sewage
disposal system within 10 business days. The Health Officer shall
make daily inspections of the system until it is completed.
3.
An inspection fee of $100 per day shall be charged to the owner/applicant
for every day the system is not completed past the tenth day, unless
an extension was given pursuant to paragraph 1 above.
d.
Replacement/Modifications of Existing Structures. Any replacement
or modification of an existing structure that meets the definition
of "substantial improvement" as described in subsection 13-605.2b21
of the Township Land Management Ordinance shall be required to have
a septic system in compliance with the new construction standards
of N.J.A.C. 7:9A and the Township Health Code unless otherwise approved
by the board of health.
[Ord. #BH 90-1, S 1; Ord. #BH 90-2, S 1; Ord. #BH 91-1, S
1]
a.
The board of health may issue such a certificate of compliance if
an engineer licensed to practice professional engineering in New Jersey
submits to the board of health an as-built plan of the system and
a statement in writing signed by him that the disposal system has
been located and constructed in accordance with the terms of the permit
issued and the requirements of the code. The as-built plan shall show
the exact location of septic tanks, building sewers, siphon, pumps,
cleanouts, distribution box, manifold, primary and reserve disposal
field, dry wells, curtain drains and wells in relation to the foundation
of the building served by the system. As-built plans shall be required
for all alterations and repairs made to existing individual sewage
disposal systems.
b.
In addition to all other rights and powers of the board of health
as provided by law, with respect to any system erected, installed
or altered hereunder, every individual disposal system constructed
or altered under this chapter shall be subject to re-inspection by
the health inspector after 12 months of operation to assure continued
proper functioning. The inspector shall notify the board of health,
the property owner, and the occupant, if other than the property owner,
of any malfunction in the system, in writing, either personally or
by certified mail. Within 60 days of the service of such notice, the
owner shall apply to the board of health for a permit hereunder to
correct such malfunction and shall undertake corrective action within
90 days following the approval of such application and the issuance
of a permit by the board of health.
c.
In case any permit or certification required by this chapter is rejected,
denied, or revoked by the board of health, a hearing shall be held
before the board within 15 days after request is made by the applicant.
At the hearing, the board of health shall affirm, alter or rescind
its previous determination and take action accordingly within 15 days
after the date of the hearing.
d.
The board of health may order all further work in and about any individual
sewage disposal system, which is being erected, installed, repaired
or altered in violation of the code, to be stopped, except such work
as is necessary to remedy any violation or health or safety hazard.
Thereafter, the work may be continued without any violation of any
of the provisions of the code, after approval by the board of health.
The order may be served personally or by certified mail on the property
owner, the occupant (if other than the owner), or any person connected
with or working in and about the erection or installation of any such
disposal system, or any part thereof.
[Ord. #BH 90-1, S 1; Ord. #BH 90-2, S 2; Ord. #BH 91-1, S
1; Ord. #BH 93-02, SS 2, 3; Ord. #BH 94-01, SS 1, 2; Ord. #BH:97-03;
Ord. #BH 97-04; Ord. #BH 07-01; Ord. #BH:08-01, S 1; Ord. #2010-01,
S 5; Ord. #2014-02 Art. II; amended 6-16-2022]
The following fees and charges are established:
a.
For the filing of an application to conduct permeability tests and
soil logs, $25.
b.
For the witnessing by the administrative authority or authorized
agent of permeability tests and soil logs, $200 per lot per day.
c.
For the review of an application to construct, install or alter an
individual sewage disposal system, $250 nonrefundable plus the fees
itemized below, per lot, to be kept in an escrow account.
d.
For the filing of an application to repair an individual sewage disposal
system, $25 plus the fees itemized below, per lot.
|
Type of Application
|
Review Level
|
Escrow Fee (Per Lot)
|
List No.[1]
|
|---|---|---|---|
|
Application for Subdivision
|
Board of Health
|
$800
|
1
|
|
Application for construction permit within 2 years of subdivision
approval by the Board of Health
|
Board of Health
|
$1,800
|
2
|
|
Application for construction permit more than 2 years after
subdivision approval by the Board of Health
|
Board of Health
|
$2,100
|
2
|
|
Application for subdivision and construction permit
|
Board of Health
|
$2,100
|
2
|
|
Alteration of a system with no intensification of use and in
compliance with this section
|
Township Engineer
|
$1,800
|
2
|
|
Alterations other than those described in the 5 listed above
|
Board of Health
|
$2,100
|
2
|
|
Repair of system
|
Township Engineer
|
None
|
3
|
[1]
Editor's Note: The checklist referred to herein may be obtained
from the Secretary of the Board of Health.
e.
For installation inspection fee for the construction of an individual
sewage disposal system, $600.
f.
For each reinspection of an individual sewage disposal system, or
part thereof, caused by the failure of the permittee to locate and
construct or alter the same in accordance with the terms of the aforesaid
code, an additional inspection fee of $100 shall be charged.
g.
For repairs of an existing sewage disposal system, tank line or D-box,
an inspection fee of $200 shall be charged.
h.
For repairs of an existing sewage disposal system's disposal area,
an inspection fee of $500 shall be charged.
i.
For alterations of a failing individual sewage disposal system with
no intensification of use, an inspection fee of $500 shall be charged.
j.
For an alteration to expand a functioning, existing individual disposal
system, an inspection fee of $600 shall be charged.
k.
For any other inspection of an individual sewage disposal system
in accordance with N.J.A.C. 7:9A-12.2 by the administrative authority
or authorized agent: $150.
l.
For the filing of an application to install a grease interceptor pursuant to subsection BH5-4.5, $100 plus an escrow fee of $600.
m.
(Reserved)
[Ord. #BH 90-1, S 1; Ord. #BH 90-2, SS 3, 4; Ord. #BH 91-1,
S 1: Ord. #BH:07-01]
The following definitions shall supplement N.J.A.C. 7:9A-2.1
as adopted by this chapter:
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 designated for administrative
authority approval in N.J.A.C. 7:9A.
The definition of alteration in N.J.A.C. 7:9A-2.1 is supplemented
as follows: The replacement of a cesspool is an alteration.
Shall mean the slope of the ground water surface as determined
by ground water elevations measured at three separate locations in
the immediate vicinity of the disposal system.
Shall mean the method identified as the Trela-Douglas Model,
for determining the minimum amount of lot area necessary for the dilution
of nitrate-nitrogen associated with septic discharge to concentrations
equal to or less than the New Jersey drinking water standard of 10
milligrams per liter.
The definition of repair in N.J.A.C. 7:9A-2.1 is supplemented
as follows: The replacement of a cesspool is not a repair.
Shall mean the period from January 1 through April 30, inclusive.
[Ord. #BH 90-1, S 1]
The design of an individual sewage disposal system shall take
into consideration location with respect to wells or other sources
of water supply, topography, existing individual sewage disposal systems
on adjacent properties, water table, hydraulic gradient, soil characteristics,
flood plains, state approved wetland boundaries and transition areas,
available area, expected volume of sewage and shall comply with these
and other provisions of this code regarding design.
[Ord. #BH 90-1, S 1; Ord. #BH 90-2, S 5; Ord. #BH 91-1, S
1]
The type of system to be installed shall be determined on the
basis of location, topography, soil permeability, and ground water
evaluation performed under the supervision of and approved by a licensed
professional engineer. The system shall consist of a septic tank discharging
its effluent to a suitable subsurface disposal area.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
N.J.A.C. 7:9A-10.3(f)5.iii is supplemented as follows: The individual
disposal system shall be located in an area where no surface or subsurface
(ground) water will accumulate. Provisions shall be made to minimize
the flow of surface water over the area.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
Location and installation of each individual sewage disposal
system and every part thereof shall be such that with reasonable maintenance
it will function in a satisfactory manner and will not create a nuisance
or source of foulness nor will it discharge insufficiently treated
effluent into any of the surface or ground waters of the state. In
determining a suitable location for the system, consideration shall
be given to the size and shape of the lot, slope, soils, drainage,
depth to ground water and bedrock, hydraulic gradient, potential pollution
of existing and future water supplies and the possible replacement
or expansion of the system. At the board's discretion, the design
engineer may be required to analyze the nitrate dilution potential
of a new or altered individual disposal system or group of systems.
[Ord. #BH 90-1, S 1; BH #90-2, S 10; Ord. #BH 91-1, S 1;
Ord. #BH 93-01, S 1]
The minimum distance for location of the various component parts
of the disposal system shall comply with the attached minimum separation
table.[1]
[1]
Editor's Note: The table referred to herein may be found attached to this chapter.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
N.J.A.C. 7:9A-12.6 is supplemented as follows:
a.
The area of the disposal field shall be kept free from encroachments
from driveways, patios, accessory buildings, additions to the main
building and trees or shrubbery whose roots may cause clogging of
any part of the system and appropriate separation distances must be
maintained.
b.
Grading shall be maintained in a condition that will promote run-off
of rainwater and prevent ponding.
c.
Drainage from roofs, footing drains, ditches or swales shall be diverted
away from the disposal field.
d.
Vegetation shall be maintained to prevent soil erosion. Soil erosion
measures and details shall be shown on the plans.
e.
Vehicle traffic shall be kept away from the area of the disposal
field.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
An area equivalent to 100% of the proposed disposal area and
meeting all the requirements applicable to the primary disposal area
shall be outlined on the plans by a heavy dashed line and marked:
"Reserved for Disposal Area Expansion or Replacement." No permanent
improvements shall be installed within or adjacent to this reserved
area which will adversely affect its future use as a disposal area.
Failure to provide a suitable and adequate drain field replacement
area shall constitute sufficient grounds for rejection of the application.
Separation distances required for primary disposal areas must be maintained
for reserve areas.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
Garbage grinder units are not permitted.
[Ord. #BH 90-2, S 6; Ord. #BH 91-1, S 1]
When serving single family dwelling units, or nonresidential
buildings, the septic system design shall include either two septic
tanks in series with a minimum capacity of 1,000 gallons each; or
a two compartment tank having a minimum capacity of 1,500 gallons.
For any dwelling unit containing more than four bedrooms, 250 gallons
for each additional bedroom shall be added to the stated minimum capacities.
Expansion attics shall also be considered as additional bedrooms.
[Ord. #BH:93-02, S 1; Ord. #2014-02 Art. II]
Each septic tank or each compartment of a multiple compartment
tank or dosing tank shall be provided with at least one access opening
which shall be a manhole a minimum of twenty-four (24") inches square
or twenty-four (24") inches in diameter. All manholes shall be extended
flush with finished grade by means of a riser fitting with a removable
watertight cover. Covers shall be bolted or locked to prevent access
by children. Covers shall be of cast iron when a concrete riser is
used. Dosing tank covers shall be located directly over the pump or
siphon. A septic solids retainer or septic effluent filter, a minimum
of six (6") inches in diameter (or equivalent area) measured at the
inlet to the filter, shall be installed and maintained in conjunction
with all new septic tanks prior to the effluent distribution network
and in accordance with all manufacturer's specifications.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The locations, size and design of primary disposal area and the expansion or replacement disposal area shall be determined by site inspection, percolation and/or permeability tests, and information from soil log observation pits performed in accordance with the provisions of Section BH6-9. Other related data may be required by the administrative authority.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The quality of soil available as permeable media shall be determined
from the results of tests as herein prescribed, type of underlying
soil, drainage conditions or by other related data that may be required
by the administrative authority. All pertinent factors shall be considered
in evaluating and judging the suitability of any site proposed for
installation of an individual septic system. Special conditions that
may be considered in judging site suitability include, but are not
limited to, lack of permeability, springs, fissures, unstable slopes
and potential hazard to ground and surface waters. The following minimum
requirements must be met:
a.
A depth of soil in the drain field area with satisfactory permeability
of not less than four (4') feet.
b.
Ground water levels in the drain field area four (4') feet or more
below the bottom or proposed drain field during the wet season.
c.
The design and location of the disposal system shall be as specified
in the code and the State Administrative Code as supplemented by this
chapter.
[Ord. #BH 90-1, S 1; Ord. #90-2, S 7; Ord. #BH 91-1, S 1;
Ord. #BH:07-02; S 1]
a.
Soil and Ground Water Observations. Observation pits shall be dug
in natural soil immediately outside of or within a fifteen foot (15')
radius of the proposed leaching system as required by N.J.A.C. 7:9A.
The observation pits shall, if practicable, be a minimum of ten (10')
feet in depth or to bedrock, but in no case shall the observation
pit extend less than four (4') feet below the bottom of the proposed
leaching system. The observation pit shall be of such size to permit
ready observation of earth material characteristics, depth to seasonal
high water table and depth to bedrock. To allow the observation of
the stabilized, high water table, a perforated pipe shall be installed
vertically in the pit and the pit backfilled. A piezometer installed
in a bored hole may be used to determine stabilized depths to ground
water in lieu of perforated pipe placed in observation pits. The pipe
shall remain in the pit a minimum of 24 hours. The elevation for the
water-table shall be determined and recorded upon completion at the
excavation and at the end of 24 hours. Groundwater level readings
shall be taken during the wet season for all new construction or subdivisions
where the soil is rated as having "severe" constraints for septic
disposal fields in the Soils Survey for Somerset County prepared by
the U.S. Department of Agriculture Soil Conservation Service.
1.
Ground Water: When the ground water table within the area of the
proposed leaching system during the wet season is less than seven
(7') feet below the natural ground surface, at least three perforated
pipe and/or piezometers shall be installed to determine the slope
of the ground water table.
2.
Bedrock: When the bedrock within the area of a proposed leaching
system is less than seven (7') feet below the natural ground surface,
at least three observation pits shall be dug to determine the slope
of the bedrock.
b.
Percolation and Permeability Tests. The following types of tests
may be used to determine percolation rate and permeability in accordance
with the conditions prescribed by the NJDEP in accordance with N.J.A.C.
7:9A-6, et seq.
1.
Tube Permeameter Test.
2.
Soil Permeability Class Rating (See Note 1 and Note 2).
3.
Percolation Test.
4.
Pit Bailing Test.
5.
Piezometer Test.
6.
Basin Flooding Test.
|
Note 1 - Soil Permeability Class Rating shall not be used in
soils which are clay, silty clay, silty clay loam, sandy clay, clay
loam, silt loam or silt.
|
|
Note 2 - For every Soil Permeability Class Rating test conducted
by the applicant, the sample to be tested shall be split with the
witness from the Administrative Authority. This sample retained by
the witness may be independently tested by the Administrative Authority,
the cost for which will be paid out of the applicant's escrow account.
|
|
When the soils encountered within the area of the proposed disposal
field are described by the Soil Conservation Service as having severe
limitations for subsurface sewage disposal due to a water table, site
investigations to determine water table elevation and hydraulic gradient
shall be conducted during the wet season of the year. Depth to bedrock
shall be confirmed, as well as its competency and inherent structure.
When the horizon or substratum used as a zone of disposal is excessively
coarse or rock, it must be tested using the pit bailing test, piezometer
test or the basin flooding test as appropriate to determine if it
is permeable or fractured.
|
c.
Removal of Piezometer Pipes. All piezometer test pipes shall be removed
within 10 days of completion of the tests or shall be properly secured
with notice to the board of health. Extensions of time may be granted
upon written application to the board of health.
[Ord. #BH 90-1, S 1; Ord. #BH 90-2, S 8; Ord. #BH 91-1, S
1]
The board of health will require information relative to soil
structure and ground water elevations adjacent to or below the proposed
disposal area in addition to the required information under N.J.A.C.
7:9A. In areas of seasonal high water or surface water encroachment,
the administrative authority may require monitoring of water table
elevations and hydraulic gradient over sufficient time to determine
the degree of ground water elevation fluctuation during wettest and
driest period of the year. All determinations regarding ground water
conditions and permeability measurements of ground water bearing formations
will be completed by a licensed professional engineer.
a.
The location of permeability tests and observation pits and the limits
of all soil formations as defined by the Soil Conservation Service
maps shall be shown on design drawings and plans. There shall be at
least one percolation/permeability test and one observation pit in
each soil type where a soils boundary passes through a disposal area.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The professional engineer shall prepare a mapping of the entire
log and include an accurate delineation of all soil and bedrock types
as found on the property and two hundred (200') feet adjacent to such
lands according to the source of the Soil Survey of Somerset County,
prepared by the United States Department of Agriculture and Geological
Survey. The location of the soil log shall be accurately placed on
the plat.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The permeability and/ or percolation test rate to be used for
calculations shall be the slowest rate found of the tests reported.
In any case, the smallest factor for bed sizing shall be 1.61 square
feet/GPD.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
a.
Construction. All stages of the construction of an individual sewage
disposal system shall be inspected by a duly authorized representative
of the board of health to determine compliance with the terms of the
permit issued for location and design of the system. The board of
health shall be notified at least 48 hours prior to the commencement
of the construction of any such system. During the course of construction,
inspections shall be made as follows:
1.
After the bed or each trench is excavated.
2.
Percolation test of in-place select fill, if applicable.
3.
After zone of treatment is complete and before stone is installed.
4.
After installation of disposal network.
5.
After septic tank, pump pit and force main have been installed, as
applicable.
6.
Operation of pump and alarms, if applicable.
7.
Water test of pressure dosing network and force main.
8.
After completion of final grading, seeding and mulching.
|
No part of an individual sewage disposal system shall be covered
from view until the inspections enumerated above have been made and
the construction work approved. Additional inspections may be made
at the discretion of the authorized representative of the board of
health. Construction work at each stage shall be completed in such
a manner as to minimize the number of inspections required.
|
b.
Operation. Following 12 months of system operation, an authorized
agent of the administrative authority will conduct an inspection to
determine whether the system is functioning in accordance with the
requirements of this code and N.J.A.C. 7:9A, et seq.
c.
If a curtain or subsurface interceptor drain is a part of the design,
it must be built and inspected to assure that it is functioning properly
prior to any formal board action. The drain shall be inspected in
conjunction with the scheduled inspection of the individual sewage
disposal system. If the authorized agent of the administrative agency
deems it necessary, samples of the drain discharge may be required
to be collected and submitted for appropriate laboratory analyses
(e.g., fecal coliform, fecal streptococci, nitrates, surfactants).
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
Individual sewage disposal systems or parts thereof shall not
be covered until the actual location of the system, including all
of its components, are located and certified by a licensed professional
engineer and until inspected by the administrative authority or its
authorized agent and permission granted for such backfill. Any part
of the disposal system which has been covered without meeting such
requirements shall be uncovered upon the order of the administrative
authority or its authorized agent.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
A licensed professional engineer shall certify to the administrative
authority that the system built and installed meets or exceeds the
design with any and all changes. The professional engineer shall also
submit to the administrative authority the record drawings showing
the actual location of the system and its components and shall certify
the locations in relation to the foundation of the building to be
served. The record drawings must be based upon actual measurements
of the individual sewage disposal system taken prior to backfilling
of the system.
The authorized agent of the administrative authority shall not
issue a certificate of compliance to the building inspector or similar
official until he is in receipt of the professional engineer's certificate
of compliance and record drawings.
[Ord. #BH:07-01]
Advanced wastewater 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 chapter.
[Ord. #BH:07-01]
Each system that incorporates advanced technology shall be subject
to the following conditions:
a.
The altered system shall provide minimum septic tank capacities in conformance with the provisions of subsection BH6-7.9.
b.
Alternative wastewater treatment 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 cannot be cancelable and is
renewable. 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 to problems associated with the inadequate
function of the disposal system 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 as described in paragraph e below.
c.
Alternative wastewater treatment technology which does not include
automatic notification capabilities described in paragraph b above,
shall be covered by a minimum five year warranty that cannot be cancelable
and is renewable 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 to problems associated
with the inadequate function of the disposal system 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 as described in paragraph e below.
d.
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.
e.
An annual report shall be submitted to the township board of health by the system manufacturer, or authorized agent, identifying each system, the status of the maintenance contract, identification of any service problems associated with those systems and how they were corrected. Any system that does not renew its warranty 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 in accordance with subsection BH1-2.1.
f.
The property owner shall be required to record with the deed to the
property, prior to installation, a notice 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 any contract
for real estate transfer, acknowledging the presence of 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 the requirements for the system owner listed
in this ordinance.
g.
In accordance with applicable law, the NJDEP or board of health may
require the owner of the advanced wastewater treatment technology
to cease use of this alternative technology and/or to take any other
actions, as it deems necessary to protect public health, safety, welfare
or the environment.
[Ord. #BH:07-01]
The manufacturer of an advanced wastewater treatment system,
to be constructed upon a property in the Township of Bedminster, shall
be required to provide the following to the board of health or its
designee upon request:
[Ord. #BH:07-01]
No owner or occupant of a property in the Township of Bedminster,
upon which an advanced wastewater treatment 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.
a.
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 outlined in Section BH6-5.
b.
Expiration/Renewal. The license to operate an advanced wastewater treatment 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 subsection BH6-10A.2. 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 outlined in Section BH6-5. 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, in accordance with the provisions of subsection BH1-2.1.
c.
Suspension of License. The board of health may suspend or revoke
the license to operate under the following circumstances:
1.
It has been determined that the system is malfunctioning based upon
criteria provided for in N.J.A.C. 7:9A-3.4(a) and the licensee fails
to take immediate 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, maintenance,
and/or reporting for 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
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.
The board of health may approve, at their discretion, the use of a peat biofilter advanced wastewater treatment system, in accordance with the provisions of subsection BH6-10A.2 and this chapter, when it is used to alter existing, malfunctioning systems in conjunction with the treatment and disposal of sanitary sewage for single-family residences only. Unsanitary sewage generated or used at the facility shall not be introduced into the on-site sewage disposal system and shall be lawfully disposed of. Any alteration to a system, which includes a peat biofilter in its design, shall be subject to the following conditions:
a.
Systems incorporating peat biofilters shall also include an effluent
filter in the design, as recommended by the individual manufacturer.
b.
Permeability testing to determine the size of a disposal area (100% and reduced sized areas) shall be completed in native soils in accordance with Section BH6-9. Testing conducted on fill material shall not be used. Permeability testing shall be conducted within the least permeable soil unit within the zone of disposal.
c.
Bed sizing for systems incorporating open bottom peat biofilters
shall be designed in accordance with the NJDEP reduction allowances
for peat biofilter disposal fields. In any case, the bed size for
open bottom peat biofilter chambers shall be based on the permeability
test results of the native soil type, which shall be applied to the
corresponding reduced loading rates provided in Table BH6-10A-1. However,
if the permeability of the native soil within the zone of disposal
for a soil replacement system is greater than twenty (20") inches
per hour, the design engineer may use a design value of six (6") inches
per hour for the purposes of designing the disposal field. For areas
where only a basin flood test is possible, a permeability of two-tenths
(0.2") inches per hour shall be used for a passing basin flood test.
However, if the basin flooding test drains in less than three hours
on each and every filling, the permeability of the select fill may
be used, provided percolation testing or tube permeameter testing
is completed in the fill material after emplacement and compaction
of the material.
[Ord. #BH 90-1, S 1; Ord. #BH 90-2, S 9; Ord. #BH 91-1, S
1]
Individual sewage disposal systems shall not be located, constructed,
repaired or altered until the administrative authority or its authorized
agent has issued a permit for such location, construction, repair
or alteration. Permits shall not be issued until:
a.
Application. A properly executed application shall be submitted of
a form supplied by the administrative authority and accompanied by
10 copies of the design drawings. The application shall include a
plan showing:
1.
Plot plan to scale not less than one (1") inch equals fifty (50')
feet.
2.
The location and dimensions of the property to be served, the tax
lot and block number and the size and location of the dwelling and
all other structures.
3.
Location of all structures and paved areas.
4.
The location of the proposed primary disposal system.
5.
The location of the primary expansion, or replacement disposal areas.
6.
The location of all percolation tests, permeability tests, backfilled
perforated pipes, piezometers and soil logs.
7.
The location of all potable water supplies, residences, subsurface
drains, basement sumps and existing disposal systems within the calculated
separation distance or two hundred (200') feet, whichever is greater,
of the disposal areas, both primary disposal and the expansion or
replacement areas.
8.
The location of all watercourses, state approved wetlands and transition
areas on the property or within two hundred (200') feet of the proposed
systems. All flood plain boundaries on the property shall be shown.
9.
Ground contours at two (2') foot intervals, within two hundred (200')
feet of the proposed soil disturbance to adequately show the direction
of slope.
10.
The proposed ground elevations at the disposal areas and the
proposed building; the proposed elevation of the finished floors and
the proposed elevations of the footing drains. A bench mark shall
be provided.
11.
A detailed dimensioned cross section of the disposal area, including
encountered soil strata, ground water bearing formations and curtain
and/or subsurface drains.
12.
The dimensions of the primary and expansion or replacement disposal
areas. The perimeter of the expansion or replacement disposal area
shall be shown in heavy dashed lines and referenced to property line.
13.
The individual components of the disposal field referenced to
the lot lines and portions of the building.
14.
The total number of bedrooms, including the expansion attic
for each building or the estimated sewage flow for buildings other
than residences.
15.
The location and design of the proposed well referenced to the
proposed building and existing wells within the calculated separation
distance or two hundred (200') feet, whichever is greater.
16.
Certified percolation and permeability test and soil log data shall be submitted with the application and design as required in Section BH6-7. Piezometer test data and evaluations will be confirmed for validity by a licensed professional engineer.
(a)
Percolation and permeability tests, ground water elevations and soil logs. Percolation, permeability tests, ground water elevation and soil logs have been taken and observed by an authorized representative of the administrative authority. The results and location of all tests made shall be submitted to the administrative authority for their review and approval. See Section BH6-9.
(1)
Such tests shall be conducted in accordance with the provisions of Section BH6-9 of this code and in a manner satisfactory to the administrative authority.
(2)
All permeability tests and soil logs results shall be filed with the administrative authority on the forms provided. The forms are to be signed and sealed by a professional engineer. See Section BH6-9.
(3)
Permeability test results and soil logs approved
by the administrative authority shall be valid for a period of two
years from the date of the test. Exempt from this provision are permeability
tests and soil logs taken in the expansion or replacement area as
approved. To assure proper design at the time of the proposed use,
one supplemental permeability test and ground water elevation determination
shall be conducted on expansion or replacement areas as a part of
the application procedure for actual use of that area.
17.
Applicable portion of the USGS quad sheet at a scale not smaller
than 1" = 2000'. The subject property should be outlined on the map.
b.
Timing for Submission of Application. The complete application, as
described in BH6-11.1a, including all fees, must be submitted not
less than 14 business days prior to the next scheduled meeting in
order to be placed upon the agenda for that meeting.
[Ord. #BH 90-1, S 1; Ord. #BH 91-1, S 1]
The fee for a special meeting of the board of health of the
township held at the request of an applicant or other interested party,
is hereby fixed and established at $500. Such fee shall be paid prior
to the holding of such special meeting by the person or firm whose
request has been granted and shall be in addition to any and all other
fees or charges applicable to such proceedings.
[Ord. #BH 91-1, S 1]
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter
or cause any other portion or the entirety of this chapter to be invalid.
[Ord. #BH 91-1, S 1]
This chapter shall take effect upon proper adoption and publication
thereof according to law.
