Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Chester 1-30-1986 by Ord. No. 1-86. Amendments noted where applicable.]
GENERAL REFERENCES
Water Resources and Sewerage Planning Committee — See Ch. 9, Art. III.
Utilities — See Ch. 72.
Sewers and water — See Ch. 192.
Individual sewage disposal systems — See Ch. 256.
Individual water supply systems — See Ch. 262.
260a Appendix A Management District

§ 260-1 Short title.

This chapter shall be known and cited as the "On-Site Wastewater Disposal Management District Ordinance of the Borough of Chester."

§ 260-2 Findings.

It is found and declared that:
A. 
On-site subsurface sewage disposal systems and alternate wastewater disposal systems are in widespread use within the Borough of Chester.
B. 
Such systems constitute a potential source of pollution of ground- and surface waters, contamination of potable water supplies, foul odors, nuisance problems and other hazards to public health.
C. 
It is determined to be in the interest of public health, safety and welfare to establish the within Management District to regulate the maintenance of such systems to protect the public against system failures and resultant pollution.

§ 260-3 Definitions.

A. 
Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this chapter:
ALTERATION
The repair, modification or replacement of any component of an on-site or alternate wastewater disposal system.
AUTHORIZED AGENT
A licensed health officer, professional engineer, sanitarian, plumbing inspector, soil scientist, or any other qualified or licensed person, partnership, corporation or public agency delegated to function within specified limits as the agent of the Board of Health to carry out provisions of this chapter.
HOLDING TANK SYSTEM
An alternate wastewater disposal system using a sealed tank to collect and store a specified maximum amount of liquid, semisolids and solid wastes until pumping is required.
MALFUNCTIONING SYSTEM
An on-site or alternate wastewater disposal system is malfunctioning when it causes pollution of ground- or surface waters, contamination of private or public drinking water supplies, nuisance problems, or a hazard to public health. Indications of a malfunctioning system may include, but are not limited to, foul odors, break out, backup of wastewater into attached building, and soggy ground over the system, occurring at any time of the year. Water and/or soil samples may be taken to confirm the existence of a malfunctioning system.
MANAGEMENT DISTRICT
The portion of the Borough of Chester identified in Appendix A attached to and part of this chapter.[1]
OWNER
A natural person, partnership, corporation, homeowners' association or any subdivision of the State of New Jersey.
ON-SITE OR ALTERNATE WASTEWATER DISPOSAL SYSTEM
A system for the disposal and treatment of sewage and other domestic wastewater located on or near the site of the building or buildings being serviced by the system.
SMALL COMMUNITY SYSTEM
Any on-site or alternate wastewater disposal system which services more than one property, dwelling, commercial unit or other premises.
[1]
Editor's Note: Said Appendix A is included at the end of this chapter.
B. 
All other definitions or words and terms used in this chapter shall have the same meanings as set forth in "Standards for the Construction of Individual Subsurface Sewage Disposal Systems" (N.J.A.C. 7:9-2.4)

§ 260-4 Scope.

[Amended 2-9-2009 by Ord. No. BH-1-09]
The owner and/or occupant of any realty improvement serviced by an on-site or alternate wastewater disposal system located in the Management District shall be a member of the Management District and subject to all of the requirements of this chapter. The Management District shall be comprised of all on-site or alternate wastewater disposal systems that had been licensed by the Board of Health prior to January 1, 2009, and all on-site or alternate wastewater disposal systems located anywhere in the Borough which shall be installed, altered or repaired subsequent to January 1, 2009.

§ 260-5 License required.

It shall be unlawful for any member of the Management District to operate, use, or maintain an on-site or alternate system within the Management District unless the Board of Health has issued a valid license therefor which is in full force and effect.

§ 260-6 Application for license; pumping prior to issuance of license.

A. 
Application for a license hereunder shall be made to the Board of Health in such form and manner as it may prescribe. The application shall include all such information and data respecting the on-site or alternate wastewater disposal system in use as the Board of Health may prescribe. All members shall apply for such license within 30 days of inclusion within the district as set forth in Appendix A.[1]
[1]
Editor's Note: Said Appendix A is included at the end of this chapter.
B. 
The Board of Health may at its discretion require that any on-site or alternate wastewater disposal system be pumped prior to issuing a license.

§ 260-7 Inspection.

A. 
Initial inspection. Members of the Management District shall have their on-site or alternate wastewater disposal system inspected by the Board of Health or its authorized agent within 30 days of an application for license as provided in this chapter.
B. 
Regular inspection. Members of the Management District shall have their on-site or alternate wastewater disposal system inspected by the Board of Health or its authorized agent every three years after initial licensing to determine whether their system is operating properly. The scope of the inspection(s) shall depend upon on-site conditions observed and the past performance of the system.
C. 
Increased frequency in inspection. The Board of Health may increase the frequency of inspection if the system is presently malfunctioning, if a regular inspection reveals a malfunctioning system, if the system has malfunctioned in the past, if tank pump out is required less than every three years pursuant to § 260-8 of this chapter, if seasonal use will significantly increase the use of the system, and for any other good cause.
D. 
Inspection report. An inspection report shall be prepared in full at the time of each inspection on forms supplied by the Board of Health. A copy of the inspection report shall be furnished to the owner and/or occupant (and also to the Board of Health in the event that the inspection is performed by one other than the Board of Health or its authorized agent).
E. 
For the purpose of this section, such inspection and report may be made by a licensed pumper of the system at the option of the Board of Health or its authorized agent. In the event the pumper or an authorized agent has reason to believe that the on-site or alternate wastewater disposal system displays any deterioration, malfunction or is likely to malfunction based on observations made at the time of pumping, he shall immediately notify the Board of Health.

§ 260-8 Pumping.

A. 
General requirements.
(1) 
Members of the Management District utilizing a septic or alternate wastewater disposal system shall have the septic tank(s) pumped out within three years of the initial licensing as provided for in this chapter and once every three years thereafter.
(2) 
Members of the Management District utilizing a holding tank system must have the tank(s) pumped out before overflow occurs, and shall provide to the Board of Health a quarterly report stating all dates of pumping, quantities removed, and the name of the licensed pumper.
B. 
Increased frequency of pumping. The Board of Health or its authorized agent may require septic or alternate waste disposal system tanks to be pumped out at more frequent intervals for proper operation of the system if it finds that the system is malfunctioning, that the system has malfunctioned in the past, that seasonal use will significantly increase use of the system, that the number of people using the system has increased above its designed capacity, that a garbage grinder has been installed in a building serviced by a system not designed to handle the increased waste load, or for any other good cause shown.
C. 
Decreased frequency of pumping. The Board of Health may allow septic or alternate wastewater disposal systems to be pumped out at less frequent intervals when the owner can demonstrate to the Board of Health that the system can operate properly without the need for pump out at three-year intervals. In no case, however, shall such period be extended beyond six years. Such request may be made at any time and must be filed in writing with the Board of Health together with all supporting documents attached. The Board of Health in making its determination shall take into account the information submitted by the owner and any other information including reports of inspections and maintenance of the system, water conservation practices and devices in use by the owner, and may conduct an on-site inspection. The owner shall bear the cost of any inspection, surface or subsurface, and soil or water sampling conducted for the purpose of evaluating the request. A decision on the request shall be made by the Board of Health within 90 days of the receipt of all necessary information.
D. 
Other maintenance. The Board of Health may require the owner or occupant to conduct other necessary maintenance activity during regularly scheduled pump out of the septic or other on-site or alternate wastewater disposal system, if in the opinion of the Board of Health or its authorized agent such maintenance is required to maintain the system in proper functioning order. The owner or occupant shall, in each case, be responsible to pay for the cost of such other maintenance. In the event that the owner or occupant shall refuse to conduct such additional maintenance, the Board of Health may revoke the license in question.

§ 260-9 Inspection and servicing reports.

A. 
Whenever an on-site or alternate wastewater disposal system is inspected, pumped out or other maintenance activity performed, an inspection/servicing report will be completed on forms supplied by the Board of Health. The contractor performing such work shall provide to the owner of the on-site or alternate wastewater disposal system a copy of the report (which copy shall also be provided to the Board of Health).
B. 
The system owner or principal user may be required to certify to the Board of Health either by signature on the original maintenance report or upon separate documents supplied by the Board that the septage or waste material removed does not contain any of the prohibited substances listed in § 260-12.

§ 260-10 Nuisances to be corrected; water conservation devices.

A. 
Any on-site or alternate wastewater disposal system or component thereof which is found to be malfunctioning and causing pollution of ground- or surface waters, contamination of public or private drinking water supplies, a nuisance or a hazard to public health shall be repaired, modified or replaced pursuant to an order of the Board of Health or its authorized agent, to correct the condition caused by the malfunction. Alterations shall be performed in accordance with "Standards for the Construction of Individual Subsurface Sewage Disposal Systems" as adopted and implemented by the Board of Health of the Borough of Chester and any amendments thereto or successor ordinances.
B. 
The Board of Health or its authorized agent may require the use of water conservation devices in the building or buildings being serviced by an on-site or alternate wastewater disposal system if, in the opinion of the Board of Health, such devices may improve the operation of said on-site or alternate wastewater disposal system.

§ 260-11 Operation and maintenance guide.

A. 
The Board of Health shall provide upon request to all owners and users of on-site and alternate wastewater disposal systems within the Borough of Chester, whether or not a member of the district, a pamphlet explaining the workings of their septic or other on-site and alternate wastewater disposal systems, and the requirements of the Board of Health as provided in this chapter.
B. 
In addition, water conservation information will be provided by the Board of Health upon request.

§ 260-12 Prohibited wastes.

Only sanitary sewage and normal domestic wastes shall be discharged into on-site and alternate wastewater disposal systems. In accordance with N.J.A.C. 7:9-2.8 and this chapter, the following wastes shall not be discharged into the system:
A. 
Industrial wastes, unless special approval is granted by the New Jersey Department of Environmental Protection and the Board of Health.
B. 
Automobile oil and other noncooking oil.
C. 
Drainage from basement floors, footings and roof, unless same are discharged into an approved dry well.
D. 
Toxic and hazardous substances and chemicals, including but not limited to pesticides, acids, paint, paint thinner, herbicides, solvents and photographic chemicals.
E. 
Septic or cesspool cleaning and drain opening products including halogenated and aromatic hydrocarbons and organic chemicals, including but not limited to methylene chloride, 1,1,1,-tricloroethane and orthodichlorobenzene.

§ 260-13 Right of entry.

A. 
In addition to those rights granted to the Board of Health in N.J.S.A. 26:3-45 et seq., the Board of Health or its authorized agent, upon presentation of identification, shall have the right to enter upon property of members of the Management District for the purpose of observing, inspecting, monitoring and/or sampling of the on-site or alternate wastewater disposal system. This authority is exercised by virtue of N.J.S.A. 26:3-31 as a necessary and reasonable method of furthering the duties of the Board of Health as enumerated therein.
B. 
Such inspection shall be performed at least once every three years with respect to all on-site and alternate wastewater systems installed within the District, which inspection program shall contain the following minimum notice provisions:
(1) 
Not less than five days prior to the date of the inspection of an on-site wastewater system as defined herein, the Board of Health shall notify the owner or resident of the property that the inspection will occur.
(2) 
Notwithstanding the provisions of Subsection B(1) above, the Board of Health or its authorized agent may accompany any pumper or other contractor to the site when such pumper or contractor performs services to the on-site or alternate system. The inspection referred to in Subsection A above may be conducted at the time that the Board of Health or its authorized agent accompanies the pumper or contractor to the site, and in this connection the notice requirement of Subsection B(1) shall not apply.
C. 
The right of entry expressed in this section shall not extend to the interior portions of any enclosed structure and is accordingly limited to out-of-doors areas associated with the on-site wastewater system.
D. 
The provisions of this section shall not apply where the Board of Health has probable cause to believe that the system is malfunctioning or is being operated improperly or is causing a nuisance, water pollution or public health hazard or is otherwise in violation of the provisions of this chapter or any ordinance, statute or regulation. In such case, the provisions of N.J.S.A. 26:3-45 et seq. shall apply.

§ 260-14 Issuance and renewal of licenses; licenses and inspection fee.

A. 
Initial license. Each member of the Management District shall obtain an initial license for each on-site wastewater disposal system within 30 days after the effective date of any ordinance or amendment thereto which shall include such member within the Management District. Initial license requirements with respect to realty improvements served by small community systems are set forth in § 260-18B.
B. 
Expiration. Each license, whether an original or renewal license, shall expire at the end of three years from the date of issuance (which date of expiration shall be stated upon its face), unless sooner revoked.
C. 
Form and transferability. The licenses shall be issued on forms adopted by the Board of Health. Licenses shall be transferable upon change of ownership or occupancy of the premises with respect to which the license has been issued.
D. 
License fee and inspection fee. Each application for a license or renewal thereof shall be accompanied by a fee of $15. In the event the fee is submitted late, a surcharge of $15 per month shall be added to the fee.
[Amended 2-9-2009 by Ord. No. BH-1-09]
E. 
Renewal of license. The Board of Health shall deny any application for renewal unless proof is submitted that, within the preceding three-year period, the septic or alternate wastewater disposal system has been pumped out at least one time, or more frequently if required. In addition, the Board of Health shall deny the renewal of such license in the event that the system is a malfunctioning system, as defined herein, or in the event that the owner or occupant is otherwise in violation of this chapter or any rule or regulation adopted hereunder.

§ 260-15 Revocation of license.

A. 
The Board of Health may revoke or suspend any license issued hereunder where it has determined that the system is a malfunctioning system as defined herein or that the owner or occupant is otherwise in violation of this chapter, including the denial of the right of entry as referred to in § 260-13 or the failure on the part of any licensee to comply with the lawful orders or instruction of the Board of Health or its authorized agent pursuant to this chapter.
B. 
The Board of Health prior to an effective date of any revocation shall provide notice to the owner or occupant that the Board of Health proposes to revoke the license in question. Such notice shall clearly state the reasons for such proposed revocation, and shall indicate clearly the steps that the owner or occupant must take to correct the condition, and shall further provide a time limit by which time the correction or other necessary steps shall be taken. The notice shall refer to the appeal rights afforded by § 260-16 of this chapter. Further, the notice shall state that if the owner or occupant does not take the corrective steps required within the time period specified or, in the alternative, does not request a hearing pursuant to § 260-16, the revocation shall be effective automatically on the date set forth in such notice.

§ 260-16 Hearing on issuance, denial, renewal or revocation of license.

Any person aggrieved by an order of the Board of Health or its authorized agent issuing, denying, renewing or revoking a license as provided herein may file a written request for a hearing before the Board of Health within 10 days of the decision appealed from. The Board of Health shall give notice of a public hearing upon this request to be held not less than 30 days after service of the notice on the person requesting the hearing. At such hearing, the Board of Health shall determine whether the issuance, denial, renewal or revocation of the license was in accordance with the provisions and intent of this chapter and rules and regulations adopted hereunder and shall issue a written findings of facts and conclusions. These findings of facts, conclusions of law and order shall be filed with the Secretary of the Board of Health and served by the Board of Health on all parties appearing or represented at the hearing. At such hearings any interested party including the licensee shall be afforded the right of cross examination, may be represented by counsel of his or her choosing and afforded other procedural due process protections.

§ 260-17 Additions to District.

The Board of Health may require that any on-site or alternate wastewater disposal system located in the Borough of Chester, whether in use or proposed, be incorporated into and become part of the Management District. In the event that any system now in use shall be so incorporated, Appendix A hereof shall be amended by ordinance.[1] In the event any proposed system shall be included in the Management District inclusion of such system shall be by virtue of a condition to approval of the proposed system at the time the Board of Health considers such proposed system. In the event that any owner or occupant of a realty improvement makes application to the Board of Health for a permit to alter or repair such system, the Board of Health may, as in the case of a proposed system, require inclusion in the Management District by virtue of condition to such approval.
[1]
Editor's Note: Said Appendix A is included at the end of this chapter.

§ 260-18 Small community systems.

A. 
Privately and publicly owned small community systems shall meet the requirements of N.J.A.C. 7:9-2.14 and are also subject to the requirements of this chapter as individual on-site and alternate wastewater disposal systems. In addition, the following shall be applicable to small community systems:
(1) 
A list of names and addresses (including lot and block numbers) of all participants in the small community system shall be provided to the Board of Health.
(2) 
Expenses incurred on the individual property of participants in the small community systems by the Board of Health or its authorized agent may be assessed against the individual participant.
(3) 
The legal entity owning the premises in question shall be identified by virtue of a copy of a certificate of incorporation, partnership agreement, or other legal document. The owner, so identified, shall be the entity responsible for all maintenance, operation and compliance of this chapter. The legal entity responsible for the maintenance and operation of the system may be assessed directly for expenses incurred by the Board of Health or its authorized agent, if any.
B. 
Where a small community system is included within the Management District, new members of the District whose realty improvements are serviced by such small community systems may be required to pump out the existing septic tank within 30 days of inclusion within the district and shall obtain an initial license within 60 days of inclusion in the District.

§ 260-19 Rules and regulations.

The Board of Health may adopt and promulgate rules and regulations in furtherance of the goals of this chapter.

§ 260-20 Violations and penalties.

Any person, persons, firm, partnership, entity or corporation violating any of the provisions of this chapter or any order promulgated under this chapter shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.