Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Elk 11-4-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 54.
Unified development — See Ch. 96.

§ 112-1 Adoption of standards.

A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems, the issuance of licenses or permits to locate, construct, empty or clean said systems, and fixing penalties for the violation thereof is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein, except for those parts of the text which are amended by this chapter.

§ 112-2 Title.

The said code established and adopted by this chapter is described and commonly known as the "Individual Sewage Disposal System Code of New Jersey (1963)."

§ 112-3 Copies on file.

Three copies of the said Individual Sewage Disposal System Code of New Jersey (1963) have been placed on file in the office of the Secretary, Clerk or other similar officer of this Board of Health upon the introduction of this chapter and will remain on file in said office for use and examination by the public.

§ 112-4 License required to locate, construct or alter.

A. 
No person shall locate, construct or alter any individual sewage disposal system until a license or permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.
B. 
The Board of Health may issue a license if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey, stating that the design of the individual sewage disposal system as proposed is in compliance with the code. The Board of Health may also issue a license for any individual sewage disposal system for use with a single-family residential dwelling without the requirement of a professional engineering certificate if in its opinion the application adequately complies with this code.
C. 
Improvements or changes to an individual sewage disposal system shall be deemed an alteration if the changes and/or renovations have an estimated cost, including labor, which would exceed 25% of the replacement value of the individual sewage disposal system as originally configured.

§ 112-5 Certificate of compliance.

A. 
New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a system for sewage disposal, until the Board of Health shall have issued a certificate indicating that said disposal system has been located and constructed in compliance with the terms of the license or permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.
B. 
The Board of Health may issue a certificate if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey, stating that the design of the individual sewage disposal system as proposed is in compliance with the code.
C. 
The Board of Health may issue such certificate for the individual sewage disposal system to be used in conjunction with a single-family residential dwelling without the submission of an engineering certificate, upon an inspection by the Board of Health and a determination by it that the said sewage disposal system has in fact been located and constructed in accordance with the terms of the license or permit issued and the requirements of the aforesaid code.

§ 112-6 License required to engage in cleaning business.

A. 
Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement who do not hold a license to engage in such business issued by the Board of Health. Such licenses shall be valid for a period of one year from the date of issuance but may be renewed by the Board of Health. Said license may be revoked for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Board of Health.
B. 
A license shall not be required by persons emptying or cleaning septic tanks, cesspools or privies located on land which they own and which the owner personally empties or cleans.

§ 112-7 Hearing.

In case any license, permit or certification required by this chapter is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after request therefor is made by the applicant, and upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.

§ 112-8 Stop work orders.

The Board of Health may order all further work in and about any individual sewage disposal system which is being erected or installed in violation of the code to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter the work continued without any violation of any of the provisions of the code, and after issuance of 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 disposal system or any part thereof, no further work shall be done thereon except as aforesaid.

§ 112-9 Fees.

The following fees and charges are herewith established:
A. 
For the filing of an application and plans for a license or permit to locate and construct an individual sewage disposal system: $5.
B. 
For the filing of an application and plans for a license or permit to alter an existing individual sewage disposal system: $5.
C. 
For each reinspection of an individual sewage disposal system or part thereof caused by the failure of the licensee or permittee to locate and construct or alter the same in accordance with the terms of the license or permit issued or the terms of the aforesaid code, an inspection fee of $5 shall be charged.
D. 
For the issuance or renewal of a license to a person or corporation engaged in the business of cleaning or emptying receptacles for the reception and storage of human excrement or other putrescible matter: $25.
E. 
GIS Map fee in the amount of $10.
[Added 7-3-2003 by Ord. No. O-8-2003; amended 9-4-2003 by Ord. No. O-14-2003]

§ 112-10 Amendments.

The code annexed hereto, which is more completely described in § 112-1 hereof, is hereby amended as follows:
A. 
Section 9.2 is amended to read as follows, but all of the other requirements in Section 9.2 not included in the following Subsection (a) shall remain as outlined in the code:
Section 9.2. Percolation Tests and Reports.
(a)
At least one percolation test shall be performed at the site of each commercial, industrial or residential subdivision disposal area. In the case of construction of an individual sewage disposal system to serve a single-family residential unit, a percolation test will be required only when the Board of Health deems it necessary by reason of unusual topography, experience with the area in question or for other good and valid reasons.

§ 112-11 Violations and penalties.

A. 
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this chapter or the Individual Sewage Disposal System Code of New Jersey (1963) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $500 for each violation.
[Amended 12-2-1976]
B. 
Each day a particular violation continues shall constitute a separate offense.