A code regulating the location, construction, use, maintenance
and method of emptying or cleaning individual sewage disposal systems,
the issues of permits to locate, construct and empty or clean such
systems, and fixing penalties for violations thereof is hereby adopted.
A copy of the code is made a part of this chapter without inclusion
of the text herein.
The code established and adopted by this article is described
and commonly known as the "Individual Sewage Disposal System Code
of New Jersey, 1963."
Ten copies of the Individual Sewage Disposal System Code of
New Jersey, 1963 have been placed on file in the office of the Town
Clerk and will remain on file there for the use and examination of
the public.
Nothing herein contained shall be construed as exempting any
person from the requirement of connecting with a municipal sewer where
such requirement legally exists, or of installing an extension of
the sewage system when required by ordinance, nor shall the issuance
of a permit under this article stop the Town of Newton or any authorized
agency thereof from requiring the permittee to subsequently connect
to an extension of the municipal sewer system if extended through
the street upon which the property of the permittee adjoins or abuts.
A.
No person shall locate, construct or alter any individual sewage
disposal system until a permit for the location, construction or alteration
of the sewage disposal system has been issued by the Health Officer
of the Town of Newton, who is hereby established as the enforcing
agency under this article.
B.
The Health Officer may issue a permit if an application for the same
is accompanied by a certificate made by an engineer licensed to practice
professional engineering in New Jersey certifying that the design
of the individual sewage disposal system as proposed is in compliance
with the code.
A.
New individual sewage 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 Health Officer has issued a certificate indicating that
the disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of the aforesaid
code. The issuance of such certificate shall not be required for alteration
to an existing individual sewage disposal system.
B.
The Health Officer may issue a certificate if an engineer licensed
to practice professional engineering in New Jersey submits to the
Board of Health a statement in writing signed by him certifying that
the disposal system has been located and constructed in accordance
with the permit issued and the requirements of the aforesaid code.
A person 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 does not hold a license to engage
in such business issued by the Health Officer. Such license shall
be valid for a period of one year from the date of issuance but may
be renewed by the Health Officer. The license may be revoked for failure
of the licensee to comply with the provisions of the code, any rule
of the Health Officer or any ordinance of the Town.
The contents of any septic tanks, cesspool, privy or other receptacle
containing human excrement shall not be removed until a permit for
such removal has been obtained from the Health Officer.
The Health Officer 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 may only be continued without violation of any of the provisions
of this code. After issuance of any such order and the service of
a copy thereof upon any person connected with or working in or about
the erection or installation of any such disposal system or a part
thereof, no further work shall be done thereon except as aforesaid.
The term "health officer" as used in this chapter includes not only
the Health Officer of the Town of Newton, but also his agents, servants
and employees, and particularly the Sanitary Inspector.
Should any question arise as to the meaning or construction
of this article or the code hereby adopted or any portion thereof,
or should any person be aggrieved by any order, decision or action
of the Health Officer, his agents, servants or employees, an appeal
may be made within 10 days from the date of the order, decision or
action appealed to the municipal board of appeals in accordance with
the rules of the board. The municipal board of appeals is hereby granted
authority to interpret and construe this article and the code hereby
adopted, and make appropriate orders or judgments in all cases taken
before the board in accordance with the general intent and purpose
of this article and the code. The decision of the board of appeals
shall be final.
