[HISTORY: Adopted by the Board of Health of the Township of East
Amwell 10-17-1995 by Ord. No. 95-01BH;
amended in its entirety 11-19-2003 by Ord. No.
03-02BH. Subsequent amendments noted where applicable.]
Pursuant to N.J.S.A. 26:3-31a and 58:11-23 et seq., the East Amwell
Township Board of Health must act to protect the water resources of the Township.
The “Standards for Individual Subsurface Sewage Disposal Systems” (N.J.A.C. 7:9A) as promulgated on August 21, 1989, by the Division of Water Resources, New Jersey Department of Environmental Protection, and all subsequent amendments thereto, is herewith adopted by reference with the additions and exceptions enumerated below in § 171-3A through AA.
The following additions shall be added to the corresponding parts of
the adopted N.J.A.C. 7:9A and the following exceptions shall supersede the
corresponding parts of the adopted N.J.A.C. 7:9A:
A.
Add to 7:9A-3.2: “All designs shall be based upon
currently valid State of New Jersey Subsurface Sewage Disposal System Standards
(N.J.A.C. 7:9A et seq.) and East Amwell Township standards and testing procedures.”
B.
Add to 7:9A-3.5(d): “A signed and sealed certification
by the licensed professional engineer responsible for the design and location
of the proposed sewage system certifying full compliance with all requirements
of all applicable standards, codes, ordinances and other regulations in force
at the date of the application shall be furnished with the application.”
C.
Add to 7:9A-3.5(e) concerning sequencing of permits and
expiration of permits: “Every applicant for a permit issued for the
construction of an individual subsurface sewage disposal system shall submit
three copies of the application for a permit to the Board of Health, accompanied
by a check for the Township fee of $50 and a separate check for the county
fee. Upon receipt, the Board of Health will forward the application to the
county for review. When approval is received from the county, the permit to
construct will be issued by the Board of Health. When construction is complete,
the licensed professional engineer who designed the new system or the alteration
of an existing system shall execute the appropriate form certifying that the
system has been constructed and installed or altered in compliance with the
state standards, any applicable higher standards of this chapter and the engineering
design approved by the Board of Health or its agent. The form shall be accompanied
by sealed as-builts with the location of the individual subsurface sewage
disposal system and the individual water supply system documented and shall
be filed with the Board of Health. Under no circumstances will a certificate
of occupancy (CO) be issued for construction without the appropriate form
certifying that the system has been constructed, installed and operating in
compliance with the state standards or any applicable higher standards of
this chapter and in compliance with the engineering design approved by the
Board of Health or its agent, with the accompanying sealed as-builts.”
D.
The text of 7:9A-3.6(b) shall be superseded by: “The
administrative authority reserves the right to assign test dates after proper
notification. Failure of the administrative authority or its agent to be present
after proper notification at the assigned test date shall be construed to
be a waiver of the witnessing requirements. Failure of the applicant or its
authorized agent to be present at the assigned test date shall be construed
to be an abandonment of such test date and shall require a new proper notification
of the administrative authority.”
E.
Add to 7:9A-3.5(f): “In the event that a realty improvement is to be served by both a new individual subsurface sewage disposal system and a new individual water supply system, then a permit for the construction of the individual subsurface sewage disposal system shall not be issued by the Board of Health until the individual water supply system has been installed and certified according to Chapter 176, Water Supply, of the Code of the Township of East Amwell, and its amendments.”
F.
Add to 7:9A-3.5(g): “Every permit issued for the
construction of an individual subsurface sewage disposal system after the
adoption of this chapter shall expire three years after the date of issuance
unless construction of the realty improvement with respect to which the permit
was issued has commenced prior to such time. The administrative authority
may, in its discretion, renew for two years a permit which will expire under
the provisions of this section. Such renewals shall be obtained through application
to the Board of Health using the East Amwell Township Board of Health construction
permit form.”[1]
[1]
Editor’s Note: The Construction Permit Form is on file in the
office of the Board of Health.
G.
Add to 7:9-3.5(h): “A permit to construct an individual
subsurface sewage disposal system is required prior to issuance of a building
permit. The individual subsurface sewage disposal system is to be constructed
and operating prior to issuance of a temporary or permanent certificate of
occupancy.”
H.
Add to 7:9A-4.2(c) concerning location of a reserve expansion/replacement
area:
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“An area equivalent to 100% of the approved disposal areas shall
be reserved for future expansion or replacement of the disposal system for
all lots with soil logs to be used for a system design which show soils with
soil suitability classifications of IISc; IISr; IIISr; IIIHr; IIHc; IIWr,
IIIWr; IIIWp, as defined in 7:9A Appendix D. The site shall comply with Subchapter
4 of N.J.A.C. 7:9A and all requirements of this code. The soil shall be suitable
for an individual subsurface sewage disposal system in compliance with Subchapters
5 and 6 of N.J.A.C. 7:9A. The reserve expansion/replacement disposal area
shall be shown on the plan of the disposal system and shall be marked area
reserved for expansion/replacement of disposal system. No permanent structures
shall be located in a manner which would prevent the construction of a disposal
system within the reserve area. The provisions of this section may be waived
only where it is determined in the estimation of the Board of Health that
a reserve area is not practicable or necessary.”
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I.
Where fractured rock substrata are encountered as in
7:9A-4.3, minimum required separation distances between various system components
may be increased. The minimum required separation distances shown in Table
4.3 shall be superceded by the following distances:
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“(a)
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No part of a disposal field shall be closer than 25 feet to the property
line. The Board of Health may reduce the distance from the property line to
not less than 10 feet in the event that the Board determines that the size
and shape of a specific property justifies a reduction. This section shall
not be interpreted as permitting any part of a disposal field to be closer
than 50 feet to any part of another disposal field.
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(b)
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The distance of a septic tank and distribution box from a well, reservoir,
suction line or watercourse shall be a minimum of 100 feet. The distance of
a disposal field from a well, reservoir, suction line or watercourse shall
be a minimum of 200 feet in the Sourland Mountain and Stony Brook Districts.[2] In other districts in East Amwell Township, the one-hundred-foot
separation distance can be increased by the administrative authority or its
representative due to site specific conditions which may require greater separation
to prevent potential contamination such as when the location of a well is
downgradient of a septic system. These distances may be decreased by prior
approval of the administrative authority if conditions do not permit, such
as the location of an existing well or on small sized lots in the Village
of Ringoes.”
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[2]
Editor’s Note: The Stony Brook District was repealed 12-11-2003
by Ord. No. 03-20.
J.
Add to 7:9A-4.3:
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“7:9A-4.3(a): The distance of the disposal field of a mounded
system from a property line, any part of another disposal field or other physical
objects shall be measured from the intersection of the maximum permissible
slope with existing grade.
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7:9A-4.3(b): No part of a disposal field shall be closer than 100 feet
to a subdivision detention/retention or infiltration basin, as measured from
the top of the bank. For new construction with individual groundwater recharge
structures located on the lot, all recharge structures must be located in
a manner that will protect the water quality of the on-site well and not induce
movement of septic effluent towards the well. No part of a disposal field
shall be closer than 50 feet from any on-site groundwater recharge structure
(e.g., dry well or other infiltration best management practice, as defined
by NJDEP).”
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K.
Add to 7:9A-4.4:
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“7:9A-4.4(d): Before a disposal field can be designed for location
on a slope of more than 15%, the Board of Health must be consulted.”
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L.
Add to 7:9A-4.6:
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“7:9A-4.6(f): No part of a disposal field shall be located closer
than 50 feet to a flood hazard area. The provision of this section may be
waived only where it is determined in the estimation of the Board of Health
that this is not practicable.”
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M.
Add to N.J.A.C. 7:9A-4.7:
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“7:9A-4.7(e): No part of a disposal field shall be located in
the standard transition area adjacent to a freshwater wetlands of exceptional
value (150 feet) or a freshwater wetlands of intermediate resource value (50
feet) as defined in the New Jersey Freshwater Wetlands Act Rules N.J.A.C.
7:7A.”
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N.
Add to 7:9A-5.1(c) concerning marking the locations of
soil tests:
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“Every soil test location shall be marked immediately following
the conclusion of each particular soil test as follows:
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1.
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Locations of profile pits shall be marked with plastic fence posts or
equivalent markers at the deepest point of excavation.
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2.
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Locations of all other tests, complete or incomplete, shall be marked
with wooden laths, plastic fence posts or the equivalent markers.
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Identification of the test markers shall be provided by suitable permanent
lettering. The location of the markers shall be established as soon as practical
by means of generally accepted methods of land survey.”
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O.
The text of 7:9A-5.2(b) shall be superseded by: “When
basin flood tests are required for the identification of limiting zones, a
minimum of three profile pits is required for each primary disposal field
and each reserve disposal area. When the pit bailing test is used for identification
of limiting zones, a minimum of four profile pits is required for each primary
disposal field and each reserve disposal area. Any soil disturbance shall
be stabilized according to best management practices to prevent erosion, uncontrolled
runoff and sedimentation.”
P.
Add to 7:9A-5.2:
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“7:9A-5.2(i): The location and results of all passing, unsatisfactory
and abandoned tests taken shall be indicated and triangulated on the plats
as well as the Township witness notes.”
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Q.
Add to the criteria of 7:9A-5.8 for recognition of zones
of saturation:
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“7:9A-5.8(b)4: Where observations of the soil profile pit are
to be used to determine the seasonally high-water table outside of the January
through April season, the supervising licensed professional engineer must
perform the observation in person.”
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R.
Add to the general provisions of N.J.A.C. 7:9A-6.1(b):
“Permeability tests of the horizon(s) constituting the proposed zone
of disposal shall be required as a basis for every design of a subsurface
disposal system.”
S.
The sentences in 7:9A-8.2(b)1 and 7:9A-8.2(b)2 “In
no case shall the capacity be less than 1,000 gallons” shall be superseded
by: “In no case shall the minimum requirement be less than two septic
tanks of 1,000 gallons' capacity each, installed in series, or, as an
alternative, one multiple compartment septic tank of at least 1,500 gallons'
capacity that complies with the requirements of N.J.A.C. 7:9A-8.2(d).”
T.
(Reserved)
U.
Add to the criteria for connecting pipes after the first
sentence of 7:9A-9.3(e)ii: “Clean-outs shall be installed every 75 feet
of connecting pipe.”
V.
Add to the criteria for distribution boxes after the
last sentence of 7:9A-9.5, before the listing of requirements: “The
distribution box location must be marked in the field with a permanent marker
at grade.”
W.
Add to 7:9A-10.1(b) after “as prescribed in (e)
below”: “A vertical pipe shall be installed in all disposal fields
as an observation port from the deepest part of the disposal field excavation
to finished grade. This solid pipe, Schedule 40 or equivalent, shall be grounded
in a pocket of coarse gravel, and it shall be equipped with a lockable cap
at the upper end. The administrative authority reserves the right to inspect
this port at any time.”
X.
Add to the disposal field sizing requirements after the
last sentence of 7:9A-10.2(b)1 and 7:9A-10.2(c)1, respectively: “For
soil replacement installations, the minimum area shall be based on the permeability
value of fill material according to 7:9A-10.1(f)4. A permeability value of
two to six inches/hour shall be assumed.”
Y.
7:9A10.2(d) shall be superseded by: “All disposal
beds using pressure dosing shall be subject to Table 10.2(b) and (c).”
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Add to 7:9A-10.2:
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“7:9A-10.2(e): No person shall install a garbage disposal unit
in a new or existing dwelling served by an individual subsurface sewage disposal
system without the specific approval of the Board of Health.
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7:9A-10.2(f): No person shall dispose of any swimming pool backwash
water or other swimming pool water in an individual subsurface sewage disposal
system. Backwash water shall be diverted away from the disposal area.”
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Z.
Add to N.J.A.C. 7:9A-10.3(b):
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“7:9A-10.3(b)4: Whenever an approved lot grading plan is required
by the Township of East Amwell prior to the approval for subdivision or issuance
of a construction permit, the Board of Health may require that a copy of the
lot grading plan be submitted to the Board of Health for their review and
comment before Township approval is given.”
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AA.
The text of 10.5(e)5 shall be superseded by: “An
unsupported slope for a mounded system is not to exceed a slope of 1:5, unless
deemed impractical by the Board of Health.”
A.
The fee for the filing of an application and plans to
locate and construct an individual sewage disposal system, plan review, site
inspection, issuance of permit and installation inspections shall be assessed
as per the fee schedule determined by the Hunterdon County Department of Health,
plus the fee of $50 as determined by the East Amwell Township Board of Health.
B.
The fee for the filing of an application and plans for
a permit to alter an existing individual sewage disposal system and issue
said permit shall be assessed as per the fee schedule determined by the Hunterdon
County Department of Health, plus the fee of $25 as determined by the East
Amwell Township Board of Health.
C.
The fee for the filing of an application for repair shall
be assessed as per the fee schedule determined by the Hunterdon County Department
of Health, plus the fee of $10 as determined by the East Amwell Township Board
of Health.
D.
The fee for an application renewal shall be assessed
as per the fee schedule determined by the Hunterdon County Department of Health,
plus the fee of $80 as determined by the East Amwell Township Board of Health.
