[HISTORY: Adopted by the Board of Health of the Township of East Amwell 4-17-2003 by Ord. No. 03-01BH. Amendments noted where applicable.]
A prudent municipal Board of Health must act in a responsible fashion to protect the water quality of its ground- and surface waters for the benefit of present and future generations pursuant to N.J.S.A. 26:3-31a and 58:11-23 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- HOLDING TANK
- Closed watertight structure designed and operated in such a manner as to receive and store sanitary sewage or septic tank effluent but not to discharge sanitary sewage or septic tank effluent to the surface or ground water or onto the surface of the land.
- PORTABLE SANITATION UNIT/PORTABLE CHEMICAL TOILET
- Any toilet or receptacle for human excrement which is portable and not connected to a sanitary sewer or on-site sewage disposal treatment facility.
[Amended 10-19-2004 by Ord. No. 04-01BH]
This chapter does not apply to approved construction operations, which are governed by the East Amwell Township Construction Official.
No person, business, firm or corporation shall hereafter place or install a portable sanitation unit/portable chemical toilet in the Township for a period of time longer than five days (120 hours) without first obtaining a permit from the Board of Health to do so. Such permit shall be posted in a conspicuous place on the premises. Said applicant shall provide the following information as part of the permit application procedures:
A copy of the contract for services with a portable sanitation unit/portable chemical toilet provider naming the responsible party for emptying and maintaining.
The dates during which the toilets are to be provided.
The number of units and the estimated number of visitors.
The proposed location of the toilets.
The use of a portable sanitation unit/portable chemical toilet, whether requiring a permit or not, shall be subject to the following provisions of this chapter.
A portable sanitation unit/portable chemical toilet shall be allowed only for temporary use not exceeding nine months, except that a single renewal of a permit may be obtained where the continued temporary use is shown to the satisfaction of the Board of Health. Portable sanitation unit/portable chemical toilet may be brought on the site not more than 48 hours before the activity and shall be removed no later than 48 hours after the activity. Portable sanitation unit/chemical toilet shall be secured to prevent use at any time other than during the activity for which it is permitted.
A portable sanitation unit/portable chemical toilet shall have watertight, completely sealed closed tanks for storage of wastes, shall be flyproof, shall be adequately vented and shall be provided with cleanable seats.
A portable sanitation unit/portable chemical toilet shall be used only so long as field sanitation and maintenance service is provided. Throughout the entire period of use of the portable sanitation unit/portable chemical toilet, this service shall include: pumping out all waste matter from the tank; sterilizing and recharging the tank with fresh chemicals; a fresh supply of toilet tissue; and thorough cleaning of the premises.
No person shall maintain a portable sanitation unit/portable chemical toilet which creates a nuisance as a result of overflow, lack of cleaning, odor, unsound construction and/or location.
The waste matter from all portable sanitation units/portable chemical toilets shall be disposed of and properly treated only at a sewage treatment plant as licensed/permitted by the toilet provider, and no wastes from a portable sanitation unit/portable chemical toilet shall be otherwise disposed of within the limits of the Township.
A portable sanitation unit/portable chemical toilet is not to be used for disposal of any waste other than that associated with human excrement.
No portable sanitation unit/portable chemical toilet shall be located within 100 feet of any commercial food service operation and/or 200 feet from any surface waterway or water body.
A portable sanitation unit/portable chemical toilet is intended to be used and to be required for such purposes as sports events, picnics, parades, fairs, seasonal activities, construction operations and similar purposes where other toilet facilities are not feasible and the need for toilet facilities exists.
A portable sanitation unit/portable chemical toilet may be used on the grounds of a permanent facility only as a temporary use to supplement existing sewage disposal facilities that process the normal flow of sewage of the facility as per N.J.A.C. 7:9A-1 et seq. and the East Amwell Township Board of Health legislation. Any other application of a portable sanitation unit/portable chemical toilet at a permanent facility will define it as a holding tank and shall be regulated pursuant to N.J.A.C. 7:9A-1 et seq. and Chapter 159 of the Code of East Amwell Township.
Use of a portable sanitation unit/portable chemical toilet at a work site shall conform to the New Jersey State Uniform Construction Code.
Handicapped accessibility shall be provided as per the Americans with Disabilities Act.
A portable sanitation unit/portable chemical toilet and disposal of waste therefrom shall be subject to inspection and investigation by representatives of the Board of Health and their authorized agents at all times.
The Board of Health and its authorized agents shall inspect, investigate and enforce this regulation.
The following fees and charges are established:
Any person, business, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be liable to a penalty of not less than $100 nor more than $1,250 for each violation. Each day a particular violation continues shall constitute a separate offense.