Township of Jefferson, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Jefferson 10-8-1962 (Ch. 100 of the 1967 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary regulations  See Ch. 384.
Sewers  See Ch. 395.
Solid waste  See Chs. 412 and 416.
Water  See Ch. 481.

§ 391-1 Definitions.

For the purpose of this chapter, the following definitions are hereby established:
ADMINISTRATIVE OFFICER
The Director of the Department of Health and Welfare, the Administrator or their authorized representative assigned to enforce this chapter.
[Amended 4-2-1973 by Ord. No. 3-73]
APPROVED SEWER SYSTEM
Includes a sanitary sewer system which has been designed in accordance with the rules and regulations of the State Department and Senior Services, pursuant to Title 58 of the Revised Statutes of New Jersey and intended to provide sewerage facilities for realty improvements.
DIVISION
A division within the Department of Health and Welfare, as established by Chapter 7, Article IX of the Jefferson Township Administrative Code, having all of the functions, powers and duties of a local Board under Title 26 of the New Jersey Revised Statutes.
[Added 4-2-1973 by Ord. No. 3-73]
PERSON
Includes the singular and plural, and shall mean and include any person, firm or partnership, corporation, association, club, society or any other form of association or organization.
PREFABRICATED SEWAGE TREATMENT DEVICES
A sewage treatment device using any known or proposed method of treating domestic sewage or other waste and manufactured completely or substantially prefabricated to the extent that it may be shipped as a unit that, when installed, is practically ready for operation, with the exception of minor appurtenances.
REALTY IMPROVEMENT
Includes any residence or other building, the useful occupancy of which will require the installation or erection of sewerage facilities.

§ 391-2 Permit required; certificate of compliance.

[Amended 4-2-1973 by Ord. No. 3-73]
No person shall locate, construct, alter or put into use an approved sewer system, until a permit for the location, construction or alteration of said system shall have been issued by the Division . No certificate of compliance shall be issued until and unless such system complies with the standards and regulations herein stated.

§ 391-3 Administration and enforcement.

[Amended 4-2-1973 by Ord. No. 3-73]
The Director of the Department of Health and Welfare and the Administrator shall administer and enforce the provisions of this chapter through their offices or designated agents or representatives.

§ 391-4 Application for permit and certificate of compliance.

A. 
Applications for the permit required by this chapter and for a certificate of compliance of the system shall be in writing and shall be made to the administrative officer on a formal application blank provided by him. It shall include such engineering data as shall be prescribed by the standards for construction, fixed by the State Department and Senior Services and by this chapter. Such application shall set forth the following information:
(1) 
The applicant's full name and post office address.
(2) 
The full description of the property or area in the Township to be served by the sewerage system.
(3) 
Name and address of the professional engineer designing the system.
(4) 
Certification of the professional engineer that the sewerage system is in compliance with the standards of the State Department and Senior Services and the standards of this chapter.
(5) 
Name and address of the licensed superintendent or operator to be in general charge of the sewerage system, and the grade of license held by the superintendent or operator.
(6) 
Such other information as the Division may determine and require in order to show compliance with the standards herein stated.
[Amended 4-2-1973 by Ord. No. 3-73]
B. 
Copies of all applications and the accompanying engineering data for certification shall be filed with or mailed to the State Department and Senior Services on the date on which the application is made to the Division .
[Amended 4-2-1973 by Ord. No. 3-73]

§ 391-5 Issuance of permit and certification.

[Amended 4-2-1973 by Ord. No. 3-73]
A. 
The Division shall issue or deny certification within 30 days after receiving an application for certification, except that in case the Division finds the data submitted by an applicant incomplete, the time for acting thereon shall be extended by 20 days beyond the date of submission of adequate supplementary or amendatory data. Denial of certification shall be supported by a statement of the reasons for such action.
B. 
Copies of all certifications by the Division shall be mailed by the administrative officer to the State Department and Senior Services on the date of issue.

§ 391-6 Certification voided on change in physical condition.

A. 
If any change in the physical conditions of any lands of a realty improvement, which will materially affect the operation of the sewerage facilities or system covered by and certification issued under this chapter, shall be made after certification, the certification shall become null and void and a new certification shall be obtained before construction shall proceed.
B. 
A copy of the application for a new certificate shall be mailed to the State Department and Senior Services on the date upon which it is submitted to the Division .[1]
[Amended 4-2-1973 by Ord. No. 3-73]
[1]
Editor's Note: Former § 100-7, Hearing: time; action, which previously followed this section, was repealed 4-2-1973 by Ord. No. 3-73.

§ 391-7 Licenses for constructing, emptying or cleaning systems.

[Added 12-3-1986 by Ord. No. 22-86]
A. 
No person shall engage in the business of constructing, reconstructing or extending sewage disposal systems or parts thereof in the Township of Jefferson without first having obtained a license to do so from the Department of Health and Welfare. The applicant must show proof of his knowledge and experience in the installation of sewage disposal systems. Such licenses shall be valid for a period of one calendar year, expiring on December 31, but may be renewed by the Department of Health and Welfare. Said license may be revoked for failure of the licensee to comply with the provisions of the Township or state codes or any rule or ordinances of the Township.
B. 
No person shall engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement unless he has obtained a license to engage in such business, issued by the Department of Health and Welfare of the Township of Jefferson. Such licenses shall be valid for a period of one year from the date of issuance, but may be renewed by the Department of Health and Welfare. Said license may be revoked for failure of the licensee to comply with the provisions of any of the Township or state codes or any ordinance or rule of the Department of Health and Welfare.
C. 
The contents of any septic tank, cesspool or privy or other receptacle containing human excrement shall not be removed until a permit for such removal has been obtained from the Department of Health and Welfare.

§ 391-8 Inspections and tests.

[Amended 4-2-1973 by Ord. No. 3-73]
All works performed under this chapter shall be inspected by the Division of Health after receipt of a twenty-four-hour notice from the person requiring such inspection. The Division of Health shall have power to make or cause to be made such inspections and tests as may be necessary to carry out the purpose of this chapter, and its authorized representatives shall at all times have the right to enter upon the lands served by the sewerage system and/or the realty improvements for said purposes.

§ 391-9 Order to stop work; violations and penalties.

[Amended 4-2-1973 by Ord. No. 3-73; 9-1-2004 by Ord. No. 28-04]
The administrative officer shall have the right to order all further work in and about any sewerage facilities which are being erected or installed in violation of this act to be stopped forthwith, except such work as shall be necessary to remedy such violation and, thereafter, to continue such work without 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 sewerage facilities, or any part thereof, that no further work shall be done thereon except as aforesaid, and any person or corporation who, after having been served with a copy of such an order, shall do any work or cause or permit any work to be done in or about the same, except as is hereinbefore provided, shall be liable to a penalty of $200 to be collected and enforced by summary proceeding for the collection of penalties pursuant to the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.).

§ 391-10 Fees; surety bond.

[Amended 4-2-1973 by Ord. No. 3-73]
A. 
The following fees and charges are herewith established:
[Amended 9-19-1990 by Ord. No. 17-90]
(1) 
For a septic permit for new construction of an individual septic disposal system: $100.
(2) 
For the issuance of a permit for the alteration or repair of an existing septic system: $50.
[Amended 12-5-2001 by Ord. No. 35-01]
(3) 
For the refiling of plans for a new septic system: $75.
(4) 
For the refiling of plans for the alteration or repair of an existing septic system: $20.
(5) 
For the witnessing of various tests as follows:
(a) 
Soil log only: $25.
(b) 
Permeability test and/or sample only: $125.
(c) 
Soil logs and permeability test and/or sample per building lot: $150.
(6) 
For sewer constructor license: $50.
(7) 
For septic cleaner's license: $20.
(8) 
For septic cleaning permit: $5.
[Amended 5-2-2007 by Ord. No. 9-07]
B. 
A person who has been issued a license to engage in the installation, maintenance, repair and control of the sewerage system of a building and the connection thereof shall execute and deposit with the Division of Health and/or its administrative officer a surety bond of a reliable surety company acceptable to the administrative officer and doing business in the State of New Jersey, provided that the bond shall be in the amount of $10,000 and in a form acceptable to the administrative officer and Municipal Attorney. Such bond shall be conditioned upon compliance with the provisions of this code and the person or persons so bonded being obliged to pay all fines and penalties as may be imposed upon him or them pursuant to the law for violation of the provisions of this code and chapter. A license or permit issued under this chapter shall not be valid unless such a bond has been executed and deposited as herein provided.
[Amended 8-12-1998 by Ord. No. 19-98]

§ 391-11 Standard rules and regulations.

A. 
All of the rules and regulations of the State Department of Health and Senior Services of the State of New Jersey made effective on April 25, 1958, promulgated for employment in the administration of N.J.S.A. 58:10A-1 et seq., 58:12A-4 and 58:12A-10 and any and all supplements and amendments thereto, except as to any provisions hereinafter recited modified the same, are hereby included and made part of this chapter; no approved sewerage system shall be certified until and unless it conforms to such rules and regulations and as herein modified.
[Amended 9-1-2004 by Ord. No. 28-04]
B. 
All work in connection with the installation of an approved sewerage system, and all house connections, shall be in accordance with the provisions of the Sanitary Code[1] of Jefferson Township and the Uniform Construction Codes of New Jersey.[2] Work in connection with house connections shall be performed by qualified or licensed personnel when required who satisfy the local Division of Health of their experience and knowledge in the installations of house connections to approved sewerage systems.
[Amended 4-2-1973 by Ord. No. 3-73; 9-1-2004 by Ord. No. 28-04]
[1]
Editor's Note: See Ch. 384, Sanitary Regulations.
[2]
Editor's Note: See Ch. 182, Construction Codes, Uniform.
C. 
All sewerage treatment plants are to be provided with primary and secondary treatment facilities.
D. 
No intermittent biological sand filter shall be employed to provide secondary treatment in any sewerage treatment plant.
E. 
All prefabricated sewerage treatment devices without full-time supervision shall be equipped with intermittent sand filters.
F. 
Bypass installations are permissible on intermittent sand filters, but the use of such bypass must be with the permission of the administrative officer, or his authorized representative, and may only be used in the case of emergency.
G. 
No prefabricated plant shall be approved until the designer, at his own expense, furnishes the Division of Health with sufficient data, obtained from at least one installation operating at full load under the proposed design conditions, substantiating claims that the efficiency of the treatment process complies with the requirements of the State Department of Health and Senior Services and the Division of Health of Jefferson Township. This operating data should be collected over a period of not less than one year.
[Amended 4-2-1973 by Ord. No. 3-73]
H. 
The owners of the sewage disposal system will supply a maintenance bond for a period of two years, starting at the date of completion of the system and acceptance thereof by the Division of Health, covering salaries, wages, operational expenses and any other items required by the Division of Health concerning the sewage treatment facilities.
[Amended 4-2-1973 by Ord. No. 3-73]
I. 
Location of sewage treatment plants.
(1) 
Sewage treatment plants shall be located as far from existing structures as practical, but not closer than the distances from the following:
(a) 
From any existing collector street, 400 feet.
(b) 
From any existing minor street, 200 feet.
(c) 
From any existing dwelling, 500 feet.
(d) 
From any other type of existing building, 300 feet.
(e) 
From any property line, 250 feet.
(2) 
Where intermittent sand filters are used, the distances shall be as follows:
(a) 
From any existing collector street, 600 feet.
(b) 
From any existing minor street, 200 feet.
(c) 
From any existing dwelling, 1,000 feet.
(d) 
From any other type of existing building, 300 feet.
(e) 
From any property line, 300 feet.
(3) 
Variances from any of the above distances may be granted by the administrative officer after a public hearing, on due notice to all property owners within any of the above prescribed distances of the location of the proposed treatment plant for which a variance is applied.
[Amended 4-2-1973 by Ord. No. 3-73]
J. 
After the installation of the sewerage system, the applicant shall submit, in duplicate, a map with an overlay of the original plan, upon which certification is based showing the location of the treatment plant and showing all utilities, construction units and connections in exact location and elevation. Said map shall bear the certification of the professional engineer designing the system.
K. 
Potable water shall be supplied at all times at all prefabricated sewage treatment plants in sufficient quantity to maintain the plant in a sanitary condition. A double check valve will be installed on all potable water supply lines entering the plant. The gate valve controlling this potable water supply must be in an off position when water is not being used.
L. 
A copy of the monthly report furnished to the State Department of Health and Senior Services pertaining to the operation of the sewage system shall be filed with the Division of Health of Jefferson Township on or before the 10th of each month.[3]
[Amended 4-2-1973 by Ord. No. 3-73]
[3]
Editor's Note: Former Subsection M, Separate disposal facilities for different wastes, which immediately followed this subsection, added 12-3-1986 by Ord. No. 22-86, was repealed 9-19-1990 by Ord. No. 14-90.

§ 391-12 Purpose.

This chapter is for the purpose of regulation and shall in no way affect any of the fees as now provided for or to be hereafter provided for in any other ordinance of the Township of Jefferson, but shall be in addition thereto.

§ 391-13 Violations and penalties.

[Amended 4-2-1973 by Ord. No. 3-73]
Any person who shall violate any of the provisions of this chapter shall be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge before whom such conviction shall be had. Each day a particular violation continues shall constitute a separate offense for which no new summons need necessarily issue.