[Adopted 2-9-1999 by Ord. No. BH1-1999]
This article shall be known as the "Individual Subsurface Sewage Disposal Systems Maintenance Ordinance of Byram Township, Lake Mohawk Septic Management District."
The purpose and intent of this article is to establish a management program for the pumping of the individual subsurface sewage disposal systems in Byram Township, Lake Mohawk Septic Management District, the metes and bounds of which are recorded in the office of the Clerk of Sussex County in Book 372, Pages 24 and c. This article requires existing, new and proposed individual subsurface sewage disposal systems to be pumped out at least once every three years in order to minimize future malfunctions of such systems.
All definitions in Subchapter 2 of the DEP standards for the construction of individual subsurface sewage disposal system, N.J.A.C. 7:9A-1.1 et seq., and all amendments, are hereby incorporated into this article with the following additions:
- NOTICE OF REQUIREMENTS FOR PERMIT RENEWAL
- A notice issued by the Township to an owner/operator that the permit to operate the individual subsurface sewage disposal system will expire on a given date and that proof is required to be furnished to the Township that either pumpout has occurred within the effective period of the permit or that the homeowner has voluntarily had the individual subsurface sewage disposal system inspected by a licensed professional who certified that pumping is not required before the permit may be renewed.
- OPERATOR PERMIT
- A permit issued pursuant to this article and the DEP regulations for the operation of an individual subsurface sewage disposal system.
- The person, corporation or partnership who owns or leases the realty on which the individual subsurface sewage disposal system is located and this entity is a property owner within the Lake Mohawk Country Club. The owner of the dwelling is liable for the obligations imposed by this article.
- PLOT PLAN
- A sketch drawn by the homeowner or agent on the homeowner's behalf, showing the type (if known) and location of the individual subsurface sewage disposal system servicing the property, as well as the location and type of any on-site water supply servicing the property. All plots should be drawn to scale listing the dimensions used. Alternatively, "plot plan" means a copy of an existing survey which delineates the system.
- An individual subsurface sewage disposal system, as defined by law, including all of the component parts of the system.
- Byram Township and its authorized agents, including, but not limited to, the Township Board of Health and Health Officer.
Requirement for permit. On and after November 1, 1998, no owner or occupant of a property in the Lake Mohawk Septic Management District upon which an individual subsurface sewage disposal system is located shall use or operate the system unless a currently valid permit to operate the system has been issued by the Township in accordance with the provision of this article.
Application. Every application for a permit to operate a system and every renewal of such a permit shall be made on a form provided by the Township. The date for the initial application for permit will be provided to each affected property owner.
Every application for an initial permit shall be accompanied by documentation establishing that the entire contents of the septic tank for the system (both liquids and solids) have been pumped and removed by a solid waste hauler registered with the New Jersey State DEP. A permit will be issued which will expire three years from the date of the documented pumpout or from the approval date of a new septic system installation.
Every application for an initial permit shall be accompanied by a plot plan.
Initial permit. The initial permit, issued by the Township in accordance with this article, shall include a copy of this article and a copy of the DEP's Operation and Maintenance Manual for each owner/operator within the Lake Mohawk Septic Management District.
The initial operator's permit shall expire three years after issuance or three years from the date of the documented pumpout, whichever comes first. The Township shall notify the owner/operator that the permit is about to expire and direct the owner/operator to apply for renewal.
Renewal. The Township shall not renew the permit unless the owner/operator has submitted to the Township proof that the system has been pumped out or proof that a waiver has been granted by the Township.
Waiver. A waiver shall be granted upon submission of certification by a licensed professional certifying that pumping is not required. Such certification will be renewed annually until pumping is required and performed, at which time the three-year permitting period recommences.
Automatic transfer of permit. In the event of a change in the ownership of a property to which a permit to operate a system has been issued, the permit shall be considered transferred to the new owner.
Any persons who shall willfully violate any provision of this article or any person who shall use or operate a system within the Lake Mohawk Septic Management District without a currently valid operator's permit to operate such system or any person who shall violate any part of this article shall be subject to a fine not exceeding $100 for each violation and an additional penalty of $25 a day for each particular violation that continues after notice of the violation issued by the Township.
Nothing in this article shall be construed as limiting the remedies of the Township for violations of this article. The Township may proceed under any other remedy available at law or equity for any violation of this article or any term or condition of any permit issued by the Township or for any failure to comply with any notice or order issued by the Township pursuant to this article.