[HISTORY: Adopted by the Board of Health
of the Township of Sandyston 3-20-1991 by Ord. No. BHO-1-91.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former
Ch. 126, Sewage Disposal Systems, adopted 4-2-1954, as amended.
A code regulating the location, construction,
use, maintenance and method of emptying or cleaning individual sewage
disposal systems and the issuance of permits to locate, construct,
empty or clean the systems and fixing penalties for the violation
thereof, being N.J.A.C. 7:9A-1.1 et seq., is hereby adopted pursuant
to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed to this
chapter and made a part of it without inclusion of the text.
The code established and adopted by this chapter
is described and commonly known as the "Individual Sewage Disposal
System Code of New Jersey, N.J.A.C. 7:9A (1990)," as promulgated by
the New Jersey Department of Environmental Protection, together with
the amendments and supplements to.
three copies of the Individual Sewage Disposal
System Code of New Jersey (1990) have been placed on file in the offices
of the Secretary of the Board of Health and the Township Clerk for
the use and examination of the public.
A.
Permit required. No person shall locate, construct
or alter an individual sewage disposal system until a permit for the
location, construction or alteration of the sewage disposal system
shall have been issued by the Board of Health.
B.
Issuance of permit. The Board of Health may issue
a permit if an application is accompanied by a certificate made by
an engineer licensed to practice professional engineering in New Jersey
stating that the design of the individual sewage disposal system as
proposed is in compliance with the code.
C.
Duration of permits. A permit shall expire two years
from the date of issuance. Renewal may be obtained upon the approval
of the Board of Health.
[Added 6-19-1991 by Ord. No. BHO-2-91]
D.
Fees.
[Added 6-19-1991 by Ord. No. BHO-2-91]
(1)
The following fees and charges are herewith established.
(a)
For the filing of an application and plans for
a permit to locate and construct an individual sewage disposal system,
there shall be charged a fee. Said fee shall be according to the Fee
Schedule as set by the Township Committee and on file in the office
of the Township Clerk.
(b)
For the alteration of an existing individual sewage disposal system, 50% of the fee set forth in Subsection D(1)(a) as set forth above.
(c)
For the renewal of expired permits, 50% of the
current fee.
(2)
An individual may apply for the observation, inspection
and recording of a soil log by the Board of Health or its authorized
agent without applying for a permit to construct or alter a sewage
disposal system. A fee for a site inspection plus a fee per test hole
shall be charged. Fees shall be according to the Fee Schedule as set
by the Township Committee and on file in the office of the Township
Clerk.
(3)
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
permit issued or the terms of the standards, in the opinion of the
Board or its agent, there shall be charged a fee. Said fee shall be
according to the Fee Schedule as set by the Township Committee and
on file in the office of the Township Clerk.
A.
Certificate required. New individual disposal systems
shall not be placed in operation nor shall new dwellings or new buildings
or new additions thereto be sold or occupied which must rely on such
a system for sewage disposal until the Board of Health shall have
issued a certificate indicating that the disposal system has been
located and constructed in compliance with the terms of the permit
issued and the requirements of the aforesaid code. Issuance of such
certificate shall not be required for alterations to an existing individual
sewage disposal system. Certification will be required for expansions
or when a change of use is proposed.
B.
Issuance of certificate. Prior to issuing a certificate
of compliance, an engineer licensed to practice professional engineering
in New Jersey must submit a revised plan signed and sealed by him
to the Board of Health that the disposal system has been located and
constructed in accordance with the terms of the permit issued and
the requirements of the code.
In the event that a license or permit or certification
required by this chapter is denied by the Board of Health, a hearing
shall be held thereon before the Board within 15 days after request
is made by the applicant, and upon hearing, the Board of Health shall
affirm, alter or rescind its previous determination and take action
accordingly within 15 days after the hearing.
The Board of Health may order all further work
in and about any individual sewage disposal system which is being
erected or installed in violation of the code to be stopped forthwith,
except such work as shall be necessary to remedy the violation and,
thereafter, the work continued without any violation of any of the
provisions of the code. After issuance of such order and the service
of a copy upon the person connected with or working in and about the
erection or installation of the disposal system or any part thereof,
no further work shall be done except as aforesaid.
A.
All applications for permits to locate and construct
sewage disposal systems shall meet the requirements set forth in the
new regulations Chapter 199 revised.
B.
Disposal trenches shall be the preferred type of disposal
area. Other types of disposal areas may be used where a trench system
would be clearly infeasible.
C.
All disposal fields, seepage pits, trenches, septic
tanks, dry wells and cesspools shall not be constructed less than
100 feet from any watercourse.
D.
"Watercourse" shall mean a lake, pond, inlet, river,
stream, pool or any and all other bodies and courses of water or a
delineated wetland line.
All definitions given in Subchapter 2 of the
Department of Environmental Protection Standards for Construction
of Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1.1
et seq. and any amendments thereto (DEP regulations), are hereby incorporated
into this chapter, with the following additions:
The Board of Health of the Township of Sandyston and its
authorized agents, including the Sussex County Health Department or
other such staff as provided by Sussex County.
A report submitted to the Board of Health by an owner/operator
indicating that the required pumpout or alteration of the individual
subsurface sewage disposal system has been completed in accordance
with the notice of pumping, alteration or repair.
A certificate submitted to the Board of Health by any owner/operator indicating that the required inspection of the septic tank has been completed in accordance with § 126-12 of this chapter.
An educational program prepared and administered by the Board
of Health regarding the fundamentals of individual subsurface sewage
disposal systems and the proper procedures for the operation and maintenance
of such systems.
An individual subsurface disposal system as defined in N.J.A.C.
7:9A-2.1, serving a single-family detached residential housing unit.
A notice issued by the Board of Health to an owner/operator
that the individual subsurface sewage disposal system requires pumping
out or other repairs or maintenance before an operator's license may
be renewed.
A license issued to an applicant pursuant to this chapter
and the DEP regulations for the operation of an individual subsurface
sewage disposal system.
The person who owns the realty on which an individual subsurface
sewage disposal system is located and/or the person who uses or operates
said system. The owner of the realty and the operator of the system,
if different, are jointly and severally liable for the obligations
imposed by this chapter regarding operation and maintenance of such
systems.
A licensed health officer, licensed professional engineer,
first-grade licensed sanitarian, solid waste haulers registered with
the New Jersey Department of Environmental Protection in accordance
with N.J.A.C. 7:26-3 or other person acceptable to the Board of Health.
No person shall construct, install, alter or
operate an individual subsurface sewage disposal system unless such
construction, installation, alteration or operation is in accordance
with the DEP regulations, this chapter and any regulations promulgated
hereunder by the Board of Health.
A.
The Board of Health shall issue an operator's license
and a copy of the Department of Environmental Protection's operation
and maintenance manual to the applicant along with educational program
materials at the time that the certificate of compliance is issued
for a new individual subsurface sewage disposal system.
B.
The initial operator's license shall expire three
years after issuance. All subsequent renewal operator's licenses shall
be for a one-year term unless the system has been inspected and pumping
completed and verified, if applicable. In that case, the operator's
license will be renewed for a three-year term.
C.
The Board of Health shall notify the owner/operator before the operator's license expires in accordance with § 126-12 below and shall direct the licensee to apply for renewal of the operator's license unless the licensee has:
A.
The Board of Health or its authorized agent shall
ensure that inspection of an individual subsurface sewage disposal
system shall take place prior to the expiration of the operator's
license. The Board of Health shall notify the owner/operator at least
30 days and no more than 60 days prior to the expiration of the operator's
license in order to schedule a date and time for the inspection.
B.
The Board of Health or its authorized agent shall
prepare an inspection report for each inspection which it performs
pursuant to this chapter. The Board of Health shall provide a copy
of such inspection report to the owner/operator.
C.
The inspection report forms from N.J.A.C. 7:9A, entitled
"Application for License to Operator" and/or "Renewals of License
to Operate," or other authorized format shall be the acceptable forms
to be used in reporting inspections of individual subsurface sewage
disposal systems. These forms will be completed at the time of inspection
and shall be filed with the Township or its assigned agent.
D.
The owner/operator has the option, at his/her own
expense, to hire a private septic system inspector, as defined in
N.J.A.C. 7:9A, to perform the inspection of their individual subsurface
sewage disposal system. If the owner/operator chooses this option,
the inspection shall take place within 60 days of the expiration of
the operator's license. Prior to the expiration of the operator's
license, the licensee shall file with the Board of Health a completed
inspection certificate, in a form approved by the Board of Health
and signed by the septic system inspector. The use of a septic system
inspector to perform the inspection required by this section shall
not exempt the owner/operator from the payment of any fees as required
by this chapter.
E.
Any inspection performed pursuant to this section
shall be in accordance with the DEP regulations at N.J.A.C. 7:9A-12.2(b)
through (f).
F.
If the inspection indicates that pumpout of the septic
tank or other maintenance, alteration or repair of the system is necessary,
the Board of Health shall issue a notice of pumping, alteration or
repair. Following pumpout or other maintenance, alteration or repair
of the system, the owner/operator shall submit to the Board of Health
a completed alteration/pumpout Report prepared and signed by the person
performing the required work.
G.
Nothing in this section shall be construed to limit
or to alter the authority of the Board of Health to conduct inspections
of individual subsurface sewage disposal systems which are malfunctioning
or are suspected of malfunctioning.
A.
Any individual subsurface sewage disposal system which
is malfunctioning is hereby declared a nuisance.
B.
Any individual 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.
C.
Any individual subsurface sewage disposal system which
is constructed, installed, altered, operated or maintained in violation
of this chapter, the DEP regulations, any rule or regulation promulgated
by the Board of Health pursuant to this chapter or any permit, certificate
or license issued pursuant to this chapter is hereby declared to be
a nuisance.
A.
Any person who violates any provision of this chapter
or any term or condition of any permit or license issued hereunder
shall be liable for one or more of the following penalties: a fine
not exceeding $1,000; imprisonment for any term not exceeding 90 days;
a period of community service not exceeding 90 days. [See N.J.S.A.
40:69A-29(b).]
B.
Any person who fails to comply with any notice or
order issued by the Board of Health pursuant to this chapter shall
be liable for one or more of the following penalties: a fine not exceeding
$1,000; imprisonment for any term not exceeding 90 days; or a period
of community service not exceeding 90 days. [See N.J.S.A. 40:69A-29(b).]
C.
Each violation for each separate day and each violation
of any provision of this chapter, any term or condition of any permit
of license or any notice or order issued by the Board of Health shall
constitute a separate and distinct violation under this section.
D.
Nothing in this section shall be construed as limiting
the remedies of the Board of Health for violations of this chapter.
The Board of Health may proceed under any other remedy available by
law or in equity for any violation of this chapter or any term or
condition of any permit or license issued by the Township or for any
failure to comply with any notice or order issued by the Township
under this chapter.
If a certificate of compliance is denied by
the Board of Health, the applicant may request a hearing before the
Board. The Board of Health shall hold a hearing within 15 days of
such request in accordance with N.J.S.A. 58:11-31. Upon such hearing,
the Board of Health shall affirm, alter or rescind its previous determination
and take action accordingly within 15 days after the date of such
hearing.
If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect any other provision of this chapter.
