This chapter shall be known and cited as the
"On-Site Wastewater Disposal Management District Ordinance of the
Borough of Chester."
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.
[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.
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.
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.
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.
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. 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.
The Board of Health may adopt and promulgate
rules and regulations in furtherance of the goals of this chapter.
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.