Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Mendham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer Department — See Ch. 50.
Sewers — See Ch. 168.
Public health nuisances — See Ch. 223.
Solid waste — See Ch. 235.
[Adopted 11-4-1974 as Ch. 124 of the 1974 Code; amended in its entirety 9-5-1979 by Ord. No. 2-79]

§ 232-1 Definitions.

For purposes of this article, the following terms shall have the meanings set forth:
BOARD OF HEALTH OR BOARD
The Board of Health of the Borough of Mendham.
CERTIFICATE OF COMPLIANCE (INSTALLATION)
A certificate issued by the Board of Health or its duly authorized agent certifying that an individual water supply system has been installed in such manner as to meet the requirements of the Realty Improvement Sewerage and Facilities Act (1954), Standards for Construction for Subsurface Disposal Systems or Standards for Construction of Public Non-Community and Non-Public Water Systems and higher standards prescribed by this article, and all terms and conditions of approval imposed by the Board of Health with respect to such system upon the issuance therefor of the certificate of compliance (location band design).
CERTIFICATE OF COMPLIANCE (LOCATION AND DESIGN)
A certificate issued by the Board of Health certifying that a proposed individual sewage disposal system or a proposed individual water supply system or an alteration of any such system is in compliance with the provisions of the Standards for Construction for Subsurface Disposal Systems or Standards for Construction of Public Non-Community and Non-Public Water Systems and any higher standards prescribed by this article.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
Any system for the disposal of sewage other than a sanitary sewer system.
INDIVIDUAL WATER SUPPLY SYSTEM
Any system for the supply of water for potable or domestic purposes other than a public system approved by the State Department of Environmental Protection.
PERSON
Any individual, firm, corporation, partnership, association or other organization.
PROFESSIONAL ENGINEER
An engineer licensed to practice professional engineering in the State of New Jersey.
SANITARY SEWER SYSTEM
A system collecting sewage from various premises for treatment and disposal of a sewage disposal plant approved by the State Department of Environmental Protection.

§ 232-2 Prohibitions.

No individual sewage disposal system shall be installed upon a property served by a sanitary sewer system. A property shall be deemed to be served by a sanitary sewer system whenever a house connection or lateral sewer or such system is within 100 feet of such property. No individual water supply system shall be installed upon a property served by a public water system approved by the State Department of Environmental Protection.

§ 232-3 Certificate for locating, constructing or altering systems.

No person shall locate, construct or alter an individual sewage disposal system or an individual water supply system until the Board of Health shall have issued a certificate of compliance (location and design) with respect to such system.

§ 232-4 Certificate for operating systems.

The individual sewage disposal system or individual water supply system shall be placed in service or operation until the Board of Health or its duly authorized agent shall have issued a certificate of compliance (installation) with respect to such system. No such certificate shall be issued until the owner or developer shall have furnished to the Board of Health an as-built plan of the system prepared and sealed by a professional engineer, which plan shall include the exact location of any septic tank, seepage pit, disposal field and/or well in relation to the foundation of the building served by the system.

§ 232-5 Standards for construction of subsurface disposal systems.

[Amended 6-3-1998 by Ord. No. 1-98; 6-7-1999 by Ord. No. 15-99]
The regulations promulgated by the State Commissioner of Environmental Protection, pursuant to the Realty Improvement Sewerage and Facilities Act (1954) and N.J.A.C. 7:9A-1 et seq., Standards for Individual Subsurface Sewage Disposal Systems, are of full force and effect in the Borough of Mendham, except that the following regulations or higher standards are hereby prescribed:
A. 
Disposal areas, including disposal trenches, disposal beds and seepage pits, shall be located in compliance with the following table of minimum distances:
Structure or Facility
Minimum Distance from Disposal Area
(feet)
Property line
25
B. 
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 ten-day period must be in writing to the Borough 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 systems until it is completed.
(3) 
An inspection fee as set forth in Chapter 102, fees shall be charged to the owner/applicant for every day the system is not completed past the 10th day, unless an extension was given pursuant to Subsection B(1) above.
C. 
N.J.A.C. 7:9A-8.2(l)2, Manholes. Manholes shall be extended flush with finished grade with covers locked or bolted.

§ 232-6 Standards for construction of water supply systems.

[Amended 6-7-1999 by Ord. No. 15-99]
The regulations promulgated by the State Commissioner of Environmental Protection on January 23, 1978, pursuant to the Realty Improvement Sewerage and Facilities Act (1954) and the Safe Drinking Water Act Regulations, N.J.A.C. 7:10-1 et seq., are of full force and effect in the Borough of Mendham, except that the following regulations or higher standards are hereby prescribed:
A. 
Location of wells. Every well shall be located at a higher elevation than any individual sewage disposal system serving the same property unless site conditions peculiar to a property render this requirement unreasonable.
B. 
Storage of water. Water shall be stored only in impervious tanks protected against surface drainage. All tanks shall be provided with watertight covers, and any overflow or ventilation openings shall be covered with a metallic screen of not less than 16 mesh to prevent the entrance of insects and vermin. No storage tank shall have a drainage connection directly to a sewer.
C. 
Distribution system.
(1) 
The distribution system shall conform to recognized and generally accepted engineering practices.
(2) 
When potable and nonpotable water are used on the same premises or where other piping systems are present, each piping system shall be properly identified.
(3) 
Each and every outlet of a nonpotable water supply shall be conspicuously identified by the posting and maintaining of a permanent sign or notice reading "not for drinking or culinary purposes." These spigots or valves shall include locking devices.
D. 
Protection of potable water supply. Water from approved public potable water supplies, nonpotable water supplies or water supplies from a private source acceptable to the Board of Health shall be distributed through piping systems entirely independent of each other. Cross-connections or physical connections between an approved public potable water supply and an unapproved water supply are prohibited. Individual or semipublic water supplies acceptable to the Board of Health shall not be physically cross-connected to water supplies not having such acceptance.

§ 232-7 Exceptions to requirements and standards.

No employee of the Board of Health shall have any authority to make exceptions to the requirements established by Standards for the Construction for Subsurface Disposal Systems, Standards for Construction of Public Non-Community and Non-Public Water Systems or the higher standards established by this article.

§ 232-8 Applications.

A. 
All applications for the certification required by § 232-3 shall be made upon forms to be supplied by the Board of Health for that purpose; a separate application shall be filed and a separate certification issued for each installation.
B. 
Every application for a certificate of compliance (location and design) shall contain, in addition to the information required by the Realty Improvement Sewerage and Facilities Act (1954), Standards for the Construction of Public Non-Community and Non-Public Water Systems, a statement signed and sealed by a professional engineer that the location and design of the proposed system are in compliance with the Act and Standards and any higher standards prescribed by this article. Seven copies of the engineer's design plan and application shall be provided to the Board of Health 10 days prior to the scheduled Board meeting. Before approval by the Board, every application shall be endorsed with a statement to similar effect by one of the following qualified persons:
(1) 
A licensed health officer employed by the Board.
(2) 
A sanitary inspector licensed in the first grade and employed by the Board.

§ 232-9 Inspection of sewage disposal system construction.

A. 
All stages of the construction of an individual sewage disposal system shall be subject to inspection by a duly authorized representative of the Board of Health to determine compliance with the terms of the certificate of compliance (location and design) issued therefor. The Board of Health shall be notified at least five working days prior to the commencement of the construction of any such system. During the course of construction, inspections shall be made as follows:
(1) 
First inspection after the excavation is completed.
(2) 
Second inspection after the piping has been installed.
(3) 
Third inspection after the grading of the finished surface.
B. 
No part of an individual sewage disposal system shall be covered from view until the second inspection enumerated above has been made and the construction work approved.
C. 
Additional inspections may be made at the discretion of any duly authorized representative of the Board of Health.
D. 
Construction work at each stage shall be completed in such manner as to minimize the number of inspections required.

§ 232-10 Inspection of water supply system construction.

A. 
A duly authorized representative of the Board of Health shall make sufficient inspections during the construction of an individual water supply system to determine compliance with the terms of the certificate of compliance (location and design) issued therefor. The Board of Health shall be notified at least five working days prior to the commencement of the construction of any such system.
B. 
The final inspection of an individual water supply system shall include the collection of a sufficient number of samples for analysis to determine whether the water meets the potable water standards adopted by the State Department of Environmental Protection. A certificate of compliance (installation) shall not be issued for a water supply system failing to satisfy the potable water standards.

§ 232-11 Tests.

A. 
The Board of Health may test in any appropriate manner any materials, construction, products or units comprising any part of any individual sewage disposal system or any individual water supply system in order to determine compliance with applicable requirements of state laws and standards and the provisions of this article.
B. 
The Board of Health may take and test samples of water from any individual water supply system whenever the Board has reason to believe that the water supplied by such system fails to meet the potable water standards adopted by the State Department of Environmental Protection. In the event that a sample does not meet such standards, the Board of Health may order that the use of the individual water supply system from which such sample was taken shall be immediately terminated.

§ 232-12 Stoppage of work.

The Board of Health may order all further work in and about any individual sewage disposal system or individual water supply system which is being erected or installed in violation of the Realty Improvement Sewerage and Facilities Act (1954), Standards for the Construction for Subsurface Disposal Systems, Standards for the Construction of Public Non-Community and Non-Public Water Systems or in violation of any provision of this article to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter to continue such work without any violation of any of the provisions of the regulations; and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system or water supply system or any part thereof, no further work shall be done thereon except as aforesaid.

§ 232-13 Expiration of certificate of compliance (location and design); renewal.

A. 
Every certificate of compliance (location and design) issued pursuant to this article shall expire one year after the date of issuance, unless prior to such time construction of the realty improvement with respect to which the certificate was issued shall have been commenced, in which event the certificate shall remain valid and in effect for a period of two years from the date of issuance.
B. 
The Board of Health may in its discretion renew a certificate which has expired under the provisions of this section. Such renewal shall be subject to the provisions of this section. A fee as set forth in Chapter 102, Fees, shall be charged for the renewal of a certificate of compliance (location and design).

§ 232-14 Right of appeal.

Any person aggrieved by a denial of any certification required by this article or by any order or other dispositive determination of the Board of Health with respect to an individual sewage disposal system or an individual water supply system shall be entitled to a hearing thereon before the Board of Health within 15 days after written request therefor is made by the person claiming to be adversely affected. Upon such hearing or within 15 days thereafter, the Board shall affirm, alter or rescind the previous action with written findings and conclusions.

§ 232-15 Fees.

[Amended 10-3-1984 by Ord. No. 1-84; 2-5-1992 by Ord. No. 1-92; 7-6-1994 by Ord. No. 3-94]
Fees shall be as set forth in Chapter 102, Fees.

§ 232-16 Violations and penalties.

[Amended 6-7-1999 by Ord. No. 15-99]
Any person who shall violate any provision of this article or any order of the Board of Health issued pursuant to this article shall be subject to a fine not more than $500 and not less than $5 for each offense; provided, however, that this penalty provision shall not apply to violations of the Realty Improvement Sewerage and Facilities Act (1954), for which a penalty provision is set forth in N.J.S.A. 58:11-39.
[Adopted 12-1-2010 by Ord. No. BH 1-10]

§ 232-17 Applicability.

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 Mendham Board of Health administrative authority to repair or alter existing, malfunctioning septic systems in cases where site constraints do not all for a repaired or altered system that is fully compliant with the requirements of N.J.S.A. 7:9A-1 et seq.

§ 232-18 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADVANCED WASTEWATER TECHNOLOGY; ADVANCED WASTEWATER TREATMENT; OR ALTERNATIVE WASTEWATER TREATMENT
Any component or system, which is 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.

§ 232-19 General requirements.

Each system that incorporates advanced technology shall be subject to the following conditions:
A. 
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 must be renewed. This warranty must include provisions for the manufacturer or its agent to inspect the system at least once a year and undertake any maintenance of 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 Subsection C below.
B. 
Alternative wastewater treatment technology which does not include automatic notification capabilities described in Subsection A above shall be covered by a minimum five-year warranty that cannot be cancelable and must be renewed 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 Subsection C below.
C. 
A copy of the maintenance contract and warranty for the system must be submitted to the Mendham Borough Board of Health administrative authority prior to the issuance of a license to operate,
D. 
An annual report shall be submitted to the Mendham Borough Board of Health administrative authority 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 article, subject to a separate violation for every day the maintenance contract is not renewed in accordance with § 232-25.
E. 
The property owner shall be required to record with the deed to the property a notice that identifies this technology, acknowledges the owner's responsibility to operate and maintain it and grants access to the property for the purpose of mandatory annual system monitoring and inspection by the Mendham Borough Board of Health or its agents. 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 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 article.
F. 
In accordance with applicable law, the NJDEP or Mendham Borough Board of Health administrative authority 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.
G. 
Any person violating any provisions of this article, or any terms or conditions of any certificate or license issued hereunder, shall be liable for the penalties established in § 232-25.

§ 232-20 Manufacturer requirements.

The Manufacturer of an advanced wastewater treatment system to be constructed upon a property in the Borough of Mendham shall be required to provide the following to the Mendham Borough Board of Health or its designee upon request:
A. 
A list of qualified system installers and technicians;
B. 
Training materials and expected qualifications of technicians and installers;
C. 
A free training program, for the advanced technology, to Borough personnel and their designees.

§ 232-21 License to operate.

No owner or occupant of a property in the Borough of Mendham 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 Mendham Borough Board of Health administrative authority to the owner of the property on which the system is located.
A. 
Requirements for license. The Mendham Board of Health administrative authority may issue a license to operate to the owner of a property, subject to compliance with the provisions of this article and upon issuance of a certificate of compliance for any system using advanced wastewater treatment or disposal technologies. All licenses issued pursuant to this section shall be on a form provided by the Mendham Borough Board of Health upon payment of the applicable fees outlined in § 232-23.
B. 
Expiration/renewal. The license to operate an advanced wastewater treatment system shall be renewed annually by the Mendham Borough Board of Health administrative authority upon receipt of the required fee and satisfaction of the annual reporting requirements outlined in § 232-19. A license shall be transferrable 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 § 232-23. Any system that does not renew its licensure shall be deemed a nuisance pursuant to this article, subject to a separate violation for every day the license to operate is not renewed, in accordance with the provisions of § 232-25 of this article.
C. 
Suspension of license. The Mendham Borough Board of Health or its agents may suspend or revoke the license to operated under the following circumstances:
(1) 
It has been determined that the system is malfunctioning based upon criteria provided 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 Mendham Borough Board of Health.
(2) 
The owner or occupant of the premises served by the system violates any provision of this article 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 Mendham Borough 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 article.
(4) 
Owners of an advanced wastewater treatment system, operating under a suspended license, shall be subject to penalties outlined under § 232-25 of this article.

§ 232-22 Peat biofilters.

The Mendham Borough Board of Health administrative authority may approve, at their discretion, the use of a peat biolfilter advanced wastewater treatment system, in accordance with the provisions of § 232-19 and this article, when it is used to alter existing, malfunctioning systems in conjunction with the treatment and disposal of sanitary sewage for single-family residences only. Nonsanitary 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. 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 the table setting forth the minimum bed size, in § 232-24. However, if the permeability of the native soil within the zone of disposal for a soil replacement system is greater than 20 inches per hour, the design engineer may use a design value of six inches per hour for the purposes of designing the disposal field. For areas where only a basin flood test is possible, a permeability of 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.

§ 232-23 Fees, charges and established review.

In addition to the appropriate fees set forth in the Borough's Code, the following fees and charges are established:
A. 
For licensure as an installer of an alternative wastewater treatment technology, $250 for each individual or corporation requesting licensure within the Borough, and possessing certification from the system manufacturer as a qualified system installer.
B. 
For annual renewal as an installer of an alternative wastewater treatment technology, $150 per individual or corporation requesting renewal of licensure within the Borough.
C. 
For the filing of an initial license to operate an alternative wastewater treatment Technology, $100.
D. 
For the filing of an annual renewal of a license to operate an alternative wastewater treatment technology, $50.
E. 
For the filing of each alternative wastewater treatment technology warranty renewal, $10.
F. 
Late fee for the filing of an annual renewal of a license to operate an alternative wastewater treatment technology, $50.

§ 232-24 Minimum bed size.

Minimum bed sizes are as follows:
MINIMUM BED SIZE
(square feet)
Soil Class
Permeability
(inches per hour)
Percolation Rate
(minutes per inch)
A/Q
(square feet/ gallons per day)
Adjusted A/Q
(square feet/ gallons per day)
350 gallons per day/ 2 Bedroom
500 gallons per day/ 3 Bedroom
650 gallons per day/ 4 Bedroom
800 gallons per day/ Bedroom
K4
6-20
3-15
1.61
1.233
432
617
802
987
K3
2-6
16-30
2.08
1.704
597
853
1108
1364
K2
0.6-2
31-45
2.56
2.190
767
1095
1424
1752
K1
0.2-0.6
46-60
2.96
2.596
909
1298
1688
2077
Pressure Dosing Design
1.33
0.956
400*
479
622
622
765
*NJDEP does not recommend sizing disposal beds at less than 400 square feet

§ 232-25 Violations and penalties.

A. 
Maximum penalty. Any person violating any of the provisions of any Ordinance adopted by the Mendham Borough Board of Health shall, upon conviction thereof, pay a penalty of not less than $5, nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Borough or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose other and additional penalties provided by N.J.R.S. 26:3-77 and N.J.R.S. 26:3-78.
B. 
Separate violations. Except as otherwise provided, each and every day in which a violation of any of the provisions of any Ordinance adopted by the Mendham Borough Board of Health exists shall constitute a separate violation.
C. 
Collection of fees and penalties. All fees and penalties collected under any provision of any Ordinance adopted by the Mendham Borough Board of Health shall be paid to the treasurer of the Borough of Mendham.