Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 182.
Subdivision of land and site plan review — See Ch. 310.
[Adopted 4-29-1991 by Ord. No. 91-2 (Ch. 107 of the 1988 Code)]

§ 420-1 Adoption of regulations by reference.

On January 1, 1990, new regulations concerning the location, design, construction, use, installation, operation and maintenance of subsurface sewage disposal systems became effective. A copy of those regulations is attached hereto and made a part hereof without the inclusion of the actual text of the regulations in this article pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. Pursuant to authority granted under N.J.S.A. 26:3-69.1 through 26:3-69.6 and N.J.A.C. 7:9A-3.1, the Board of Health hereby adopts those regulations.

§ 420-2 Availability of regulations adopted by reference.

The regulations established and adopted by this article are described and commonly known as "Standards for Individual Subsurface Sewage Disposal Systems" and are set forth in the New Jersey Administrative Code, Title 7, Chapter 9A, commonly cited as N.J.A.C. 7:9A-1.1 et seq. Pursuant to N.J.S.A. 26:3-69.2, three copies of the regulations have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this article and will remain on file until final action is taken on this article for the use and examination of the public.

§ 420-3 Reserve area required.

[Added 12-4-2003 by Ord. No. 2003-13; amended 10-31-2006 by Ord. No. 2006-12A]
A. 
No permit for the location and construction of a new subsurface disposal system shall be issued unless the administrative agency has approved permeability testing and soil profile pits and/or borings for a primary subsurface sewage disposal area and a reserve (replacement) subsurface sewage disposal area.
B. 
On vacant lots of less than 1 1/2 acres, the administrative agency shall not require a reserve subsurface disposal area only upon a demonstration that a second subsurface disposal area cannot be located on the lot.
C. 
All applications for subdivision of land shall indicate the locations of acceptable testing for primary and reserve subsurface disposal areas on each proposed lot, including any remainder lot unless testing demonstrates that an existing subsurface disposal system on a remainder lot is functioning properly.
D. 
The requirement for a reserve subsurface disposal area shall not apply to repairs, alterations, or replacements of existing subsurface disposal systems.

§ 420-4 Permit required.

No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction, alteration or repairs of said sewage disposal system shall have been issued by the administrative authority as defined in N.J.A.C. 7:9A-2.1. The administrative authority may issue a permit if the application is determined to be in compliance with the regulations adopted under this article and applicable local ordinances.

§ 420-5 System operation and maintenance.

All individual subsurface sewage disposal systems constructed, repaired or certified for operation after the effective date of this article shall comply with the operation and maintenance requirements set forth under N.J.A.C. 7:9-12.1.

§ 420-6 New systems.

[Amended 12-27-1996 by Ord. No. 96-32]
New individual subsurface sewage disposal systems shall not be placed in operation, nor shall any dwellings or buildings or additions thereto be sold or occupied, which shall rely on such a system for sewage disposal until the administrative authority shall have issued a certificate indicating that the subsurface sewage disposal system has been located and constructed in compliance with the terms of the permit issued, the provisions of the Township Code and the provisions of N.J.A.C. 7:9A-1.1 et seq. All new individual subsurface sewage disposal systems shall be located within the building envelope of the lot to be served by the system.

§ 420-7 Duration of permit.

Any approved application for the location, construction and/or alteration of an individual subsurface sewage disposal system shall be valid for a period of three years from the date of issue. Thereafter, a new approved application must be obtained which will be reviewed under the regulations in effect at the time of the new application.

§ 420-8 Fees and charges.

[Amended 4-18-2002 by Ord. No. 2002-03; 10-31-2006 by Ord. No. 2006-12A]
The fees regarding Sewage Disposal Systems shall be as established by Chapter 182, Fees, of the Code of the Township of Franklin.

§ 420-9 Violations and penalties.

[Added 10-31-2006 by Ord. No. 2006-12A]
Any person who violates or neglects to comply with any provision of this article or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation.
[Adopted 12-10-2009 by Ord. No. 2009-09]

§ 420-10 Purpose.

The purpose of this article is to:
A. 
Help protect public health and safety, water quality and general welfare by securing the proper operation and maintenance of individual subsurface sewage disposal systems (ISSDSs) in the Township; and
B. 
Meet, where applicable, the state requirements of the Water Quality Management Planning Rule [N.J.A.C. 7:15-5.25(e)].

§ 420-11 Background.

ISSDSs that are not properly maintained can contaminate both groundwater and surface water, creating health risks to humans and impairing natural ecosystems. Regularly pumping out the accumulated solids and liquids from an ISSDS before they interfere with proper function is understood to be the most effective means to maintain an ISSDS in good working order and to extend its effective life. Therefore, regular pump-outs are a key means to protect the surrounding environment as well as public health and welfare from the effects of a failed system.

§ 420-12 Applicability.

This article is applicable to all ISSDSs, both existing and newly installed, within the Township.

§ 420-13 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ACTING AUTHORITY
The office, agency, or other entity responsible for the implementation of this article.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM or ISSDS
A system for the disposal of less than or equal to 2,000 gallons per day of sanitary sewage into the ground. Such systems are generally designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a tank and discharge the liquid effluent to a disposal field. Existing systems with other designs (some no longer permitted to be used), such as cesspools or those that dispose of effluent through seepage pits, are also included. This term refers to both systems that serve an individual residence as well as on-site subsurface sewage disposal systems serving a property other than a single-family home (such as commercial buildings, food establishments, commercial/residential mixed uses, and systems serving multiple units) with an engineering flow of less than 2,000 gallons per day, including but not limited to those systems identified in N.J.A.C. 7:9A-1.8(a)2.
LICENSED HEALTH OFFICER
An individual granted a license by the Public Health Licensing and Examination Board of the New Jersey Department of Health and Senior Services.
LICENSED ISSDS INSTALLER
An industry professional that meets a set of established criteria and is deemed qualified to install individual subsurface sewage disposal systems by the acting authority or its designee.
LICENSED PROFESSIONAL ENGINEER
An engineer licensed by the New Jersey State Board of Professional Engineers and Land Surveyors to practice the profession of engineering.
MAINTENANCE
Pumping out by a qualified service provider, as determined by the acting authority, the accumulated solids and liquids retained in an ISSDS, as well as servicing as necessary to restore an ISSDS to good working order.
NJDEP-REGISTERED ISSDS SERVICE PROVIDER
An industry professional that has completed the Onsite Wastewater Treatment System Professionals Voluntary Registration Form and filed it with the Department's Bureau of Nonpoint Pollution Control.
OWNER
Any person or other entity that has legal title to property.
PROPERTY
Either of the following that is served by an ISSDS:
A. 
A single lot as defined by municipal lot and block; or
B. 
The combined area contained within the legal boundaries of two or more contiguous lots where, for any part of each of those lots, there is a shared pecuniary, possessory or other substantial common interest by one or more persons, such as common ownership and/or operation or a common plan of development or sale.
REGISTERED ENVIRONMENTAL HEALTH SPECIALIST
An individual granted a license by the Public Health Licensing and Examination Board of the New Jersey Department of Health and Senior Services.
SANITARY SEWAGE
Any wastes, including wastes from humans, households, commercial establishments, and/or industries, that are discharged to an ISSDS.

§ 420-14 Inventory records.

A. 
The acting authority shall establish and maintain a database identifying each ISSDS in active use within the Township. The database shall include for each ISSDS the parcel block and lot and address of the property where the ISSDS is located, name and address of the property owner, a description of system size, type and location on the property, the number of property occupants, and the pump-out status according to the acting authority's pump-out schedule set forth in § 420-15. Owners of properties served by ISSDSs will be asked to cooperate with the acting authority in its initial development and continuing update of the database as set forth below and in § 420-15.
B. 
The acting authority will establish and provide to owners of properties served by an ISSDS with a registration form to be accordingly completed and filed with the acting authority. The acting authority may decide initially to develop the database in phases. The objective would be to complete the initial database prior to the deadline for submitting the six-year WMP update required at N.J.A.C. 7:15-5.23(a). A phased system may consist of initially populating the database with those systems already known pursuant to N.J.A.C. 7:9A-3.5, which requires a permit to construct, install, or alter an individual or nonindividual subsurface sewage disposal system. For the remaining existing systems, management zones could be designated within which properties believed to be served by ISSDS are identified and the property owner contacted by the acting authority in order to secure a completed registration for the applicable ISSDS system, thereby providing the information to populate the database. The scope of potential ISSDS properties in a management zone could be identified by comparing the full list of properties in the management zone according to tax rolls.

§ 420-15 Routine ISSDS maintenance.

A. 
The owner of a property served by an ISSDS will be requested by the acting authority to cause the ISSDS to be pumped out by an ISSDS service provider in accordance with the applicable schedule. Documentation of compliance will be asked to be submitted within 60 days following the filing of the registration form. Documentation of compliance should be in the form of a receipt from the ISSDS service provider for the service indicating the property location, service type(s) provided and date of service.
(1) 
Except as provided in § 420-15A(2), each ISSDS is recommended to be pumped-out every three years, unless an alternative schedule is identified by the acting authority, as set forth in § 420-15B.
(2) 
In lieu of a pump-out, the property owner may submit a septic system inspection report to the acting authority on a form provided by the acting authority indicating that the system is not in need of pumping and is in good working order. In this case, the pump-out schedule will be shifted forward by one year. Said form shall be prepared, completed, and certified by one of the following:
(a) 
Licensed ISSDS installer.
(b) 
NJDEP-registered ISSDS service provider.
(c) 
Licensed professional engineer.
(d) 
Licensed health officer or registered environmental health specialist.
(e) 
Other party acceptable to the acting authority.
B. 
Modifications to term of scheduled maintenance. The acting authority may recommend that the property owner alter the time period for scheduled maintenance. The acting authority may consider the factors, including but not limited to those listed below, in determining that a different pumping schedule applies:
(1) 
Size of the ISSDS relative to the wastewater generated by the structure(s) served (i.e., small number of users relative to system design may warrant a longer period, while a large number of users relative to system design may warrant a shorter period).
(2) 
ISSDSs that are cesspools.
(3) 
Unusual type and/or intensity of sewage generation, such as dining establishments, pet grooming, hair salons, etc.
C. 
Notification of requirement for scheduled maintenance.
(1) 
A written letter or document from the acting authority to a property owner may serve as an informal request for the property owner to have an initial pump-out scheduled and that a pump-out schedule be followed; this request should be in writing and mailed by ordinary mail by the acting authority to owners of properties served by ISSDSs. Except as provided in § 420-15C(2), the initial pump-out by the property owner will be asked to have it conducted within 90 days from the date set forth in the initial notification.
(2) 
Property owners shall be exempt from the initial pump-out requirement provided that documentation is submitted to the acting authority that confirms a pump-out was completed no more than 30 months prior to receiving the initial notification or that there is exemption as provided herein.
(3) 
Sixty days prior to the next scheduled maintenance, the acting authority should send a written "letter for service due" to serve as a reminder to the affected property owners.

§ 420-16 Enforcement; violations and penalties.

Adherence to the provisions of this article is necessary to help protect public health and safety, water quality, and general welfare. The failure of a property owner to adhere to the provisions set forth in this article shall constitute a violation of this article; however, no fine under this article shall be levied for the failure. In case of such failure, the acting authority may accordingly notify the local and county Boards of Health and the New Jersey Department of Environmental Protection.

§ 420-17 Education.

The acting authority shall provide educational information on the proper care, operation and maintenance of ISSDSs to all property owners on an annual basis.