[HISTORY: Adopted by the Board of Health
of the Borough of Chester 1-30-1986 by Ord. No. 1-86. Amendments noted where
applicable.]
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.
A.
ALTERATION
AUTHORIZED AGENT
HOLDING TANK SYSTEM
MALFUNCTIONING SYSTEM
MANAGEMENT DISTRICT
OWNER
ON-SITE OR ALTERNATE WASTEWATER DISPOSAL SYSTEM
SMALL COMMUNITY SYSTEM
Except where otherwise indicated by the context, the
following definitions shall apply in the interpretation and enforcement
of this chapter:
The repair, modification or replacement of any component
of an on-site or alternate wastewater disposal system.
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.
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.
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.
The portion of the Borough of Chester identified in Appendix
A attached to and part of this chapter.[1]
A natural person, partnership, corporation, homeowners' association
or any subdivision of the State of New Jersey.
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.
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)
[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.[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.
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.
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.