[Adopted 8-19-1998 by Ord. No. 98-1 and 9-16-1998 by Ord. No.
98-2]
[Amended 12-16-2020 by Ord. No. BH 01-2020]
A code constituting the uniform standards of
the New Jersey State Department of Environmental Protection in force
throughout the state governing individual subsurface sewage disposal
systems, entitled "Standards for Individual Subsurface Sewage Disposal
Systems," effective January 1, 1990, last amended April 2, 2012, is,
subject to certain deletions hereinafter set forth, hereby adopted
pursuant to P.L. 1950, c. 188 (N.J.S.A. 26:3-69.1 et seq.). A copy
of said code is annexed hereto and made a part hereof without inclusion
of the text thereof herein.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
Said code established and adopted by this article
is described and commonly known as the "New Jersey State Department
of Environmental Protection Standards for Individual Subsurface Sewage
Disposal Systems," effective January 1, 1990, last amended April 2,
2012, as N.J.A.C. 7:9A-1.1 et seq.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
Three copies of said New Jersey State Department
of Environmental Protection Standards for Individual Subsurface Sewage
Disposal Systems, effective January 1, 1990, last amended April 2,
2012, have been placed on file in the office of the Secretary, Clerk
or other similar officer of this Board of Health upon introduction
of this article and will remain on file in said office for the use
and examination of the public.
[Amended 10-4-1999 by Ord. No. 20-99]
A copy of this article, together with a written
statement and supporting data explaining all provisions which differ
from the state regulations, is on file with the New Jersey Department
of Environmental Protection.
A.
Deletions. Sections 7:9A-1.6(a) and (b), 7:9A-3.6(a)
and (b), 7:9A-5.2(b) and (d), 7: 9A-5. 8(b)(2) and 7: 9A-6.1(a) are
hereby deleted from said code.
B.
Amendments. The Standards for Individual Subsurface
Sewage Disposal Systems, as previously amended by Board of Health
ordinances of September 19, 1995, and September 2, 1998, are superseded
by the following:
[Amended 10-20-1999 by Ord. No. BH:99-02]
(1)
Section 1.6 is amended to read as follows:
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1.6. General prohibitions.
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(a)
No person shall locate, construct, alter or
repair any individual subsurface sewage disposal system until a permit
for the location, construction, alteration or repair of said sewage
disposal system has been issued by the administrative authority as
defined in N.J.A.C. 7:9A-2.1, as approved under the following circumstances:
[Amended 12-16-2020 by Ord. No. BH 01-2020]
[1]
An application for a permit to construct an individual subsurface sewage disposal system shall be considered and acted upon by the Board of Health at meetings of the Board when such application involves soil suitability testing for the treatment and disposal of effluent for new construction or an intensification of use; a variance, waiver, exception or any relief from any provisions of N.J.A.C. 7:9A, Article II, and/or Article III of Chapter 268 of the Township of Readington Ordinances.
[2]
An application for the approval of preliminary plans to use
an individual subsurface sewage disposal system or systems to serve
a lot or lots proposed to be created by subdivision approval or proposed
to be developed in accordance with site plan approval shall be considered
and acted upon by the Board of Health at meetings of the Board.
[3]
An application for a permit to repair an individual subsurface
sewage disposal system by fixing, refurbishing or replacing one or
more components in a manner that will restore and preserve the system
without changing the original location, design, construction, size,
capacity, type or number of the components of the system shall be
reviewed and acted upon by an authorized agent of the Board of Health.
[4]
An application to permit an alteration to an existing individual subsurface disposal system be acted upon by an authorized agent of the Board of Health, provided that the alteration is not required based upon an intensification of use and further provided that the altered disposal system will not require any relief in the way of a variance, waiver, exception or any relief from any provisions of N.J.A.C. 7:9A, Article II, and/or Article III of Chapter 268 of the Township of Readington Ordinances.
(b)
The administrative authority shall not issue
an approval, permit, certification or license for the installation,
construction, alteration or operation of an individual sewage disposal
system where such installation, construction, alteration or operation
will violate or otherwise not be in compliance with the requirements
of N.J.A.C. 7:9A-1.1, et seq., this article and all other applicable
laws, regulations and ordinances.
(2)
Section 1.8(d) is added to read as follows:
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1.8(d) Limitations.
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The administrative authority may order all work
in and about any individual subsurface sewage disposal system which
is being constructed or installed in violation of N.J.A.C. 7:9A or
this article to be stopped immediately, except for such work as shall
be necessary to remedy the violation; and, thereafter, the work shall
be continued only without any violation of any of the provisions of
N.J.A.C. 7:9A and this article, and, after issuance of such an order
and the service of a copy upon any person connected with or working
in or about the construction or installation of the disposal system,
or any part thereof, no further work shall be done except as stated
above.
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(3)
Section 3.1 is amended to read as follows:
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3.1. More stringent state law.
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In the event that any present or future state
law or regulation imposes standards more stringent than those contained
in this article, the more stringent standards shall govern.
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(4)
Section 3.5(b) is amended to read as follows:
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3.5(b). Administrative authority certification.
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New individual subsurface sewage disposal systems
shall not be placed in operation nor shall there be a closing of sale
or occupancy of any dwellings or buildings or additions thereto which
rely on a new individual subsurface sewage disposal system for sewage
disposal, until the administrative authority shall have issued a certificate
indicating that the subsurface sewage disposal system thereupon has
been located and constructed in compliance with any permit issued,
the requirements of N.J.A.C. 7:9A-1.1, et seq., this article and all
other applicable laws, regulations and ordinances.
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(7)
Section 3.6 is amended to read as follows:
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3.6. Witnessing of soil evaluation and
testing.
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(a)
The administrative authority or its authorized
agent shall witness the excavation of soil profile pits and borings,
in-situ permeability and percolation testing or soil sample collection
and any other site evaluation procedure, relied upon in the design
or location of the system. The administrative authority or its authorized
agent requires a minimum of 15 business days' prior written notice
for the purpose of witnessing of soil evaluation or testing procedures.
Scheduling shall be subject to the availability of qualified witnessing
personnel.
(b)
The administrative authority or its authorized
agent may direct that additional replicate soil samples be provided
for testing or retention by the administrative authority.
(c)
The administrative authority may, by formal
resolution, waive the requirements for witnessing of soil evaluation
or testing procedures. No waiver of the witnessing requirements of
the Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C.
7:9A-1.1, et seq.) or this article shall be construed from the failure
of the administrative authority or its authorized agent to be present
for the evaluation or testing procedures, provided that such failure
was caused by circumstances beyond the reasonable control of the administrative
authority or its authorized agent.
(8)
Section 3.19 is hereby amended to add the following
to the end of the existing paragraph: "The submission of any application
to any governmental agency (including but not limited to an application
to the administrative authority), which involves a decision, action,
comment or advice of the administrative authority, shall require the
owners' written consent to the entry upon the property in question
by the members, representatives and designees of the administrative
authority, for the purpose of making such inspections and observations
as they may see fit and for any other lawful purpose. The failure
or refusal of any applicant to grant consent to the entry as described
above shall result in a rejection of all the applicant's applications
before the administrative authority (whether then pending or subsequently
filed). The costs and expenses of expert witnesses to be employed
by the administrative authority in making such inspections and observations
shall be borne by the applicant, under the administrative authority's
escrow ordinance.
[Added 6-18-2003 by Ord. No. BH:03-01]
(9)
Section 4.1(c) is amended to read as follows:
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4.1(c). General provisions for site evaluation
and system location.
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The applicant has the burden of proving compliance
with the provisions of the Code and this article in all matters pertaining
to site evaluation, system location, soil suitability, permeability
testing, design and construction requirements for the system. Should
the administrative authority elect to provide guidance to the applicant
as to the requirements for such compliance, such guidance shall not
be construed to limit the administrative authority in any way. Where
doubt exists regarding such compliance, the administrative authority
shall have the right to require additional information on such compliance
and on matters which may affect the proper functioning of the system.
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(10)
Section 4.3 is amended to read as follows:
[Amended 7-18-2001 by Ord. No. BH:01-01; 12-16-2020 by Ord. No. BH 01-2020]
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4.3 Distances.
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The minimum separation distances(1) between
the following components of the system and the features listed below
shall apply:
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Component
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Well or
Suction
Line
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Well Service
Line
Pressure
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Watercourse
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Property
Line
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|---|---|---|---|---|
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Building sewer
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25 feet
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10
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---
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---
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Septic tank, pump pit
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100(4) feet
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---
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100(2) feet
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15 feet
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Distribution box
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100(4) feet
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---
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100(2) feet
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15 feet
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Disposal field or trench
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100(4) feet
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---
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100(2) feet
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15 feet
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(1)
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NOTES:
The above distances supersede any less stringent
provisions of N.J.A.C. 7:9A-4.3.
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(2)
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Those items marked with a (2) above can be reduced
to 75 feet, provided that a select fill enclosure design is employed.
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(3)
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Readington Township Code § 148-50B prohibits the construction of septic systems within a stream corridor or within the one-hundred-foot-wide buffer established in said ordinance.
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(4)
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Those items marked with a (4) above can be reduced to 50 feet,
provided that proof of 50 feet of well casing can be provided.
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(11)
Section 4.7(e) is added to read as follows:
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4.7(e) Freshwater wetlands.
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An applicant for the construction, alteration
or repair of a subsurface sewage disposal system shall provide the
following indemnification agreement:
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THIS DOCUMENT
HAS IMPORTANT LEGAL CONSEQUENCES
AND
SHOULD BE REFERRED TO YOUR LAWYER
PRIOR TO SIGNING
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(I) _______ (We), __________________________________,
the applicant(s) for (check one) _________ construction, ________
alteration, or _______, repair of a subsurface individual sewage disposal
system on Block _____, Lot _____, in Readington Township, New Jersey,
in consideration of the acceptance by the BOARD OF HEALTH OF THE TOWNSHIP
OF READINGTON (BOARD OF HEALTH) of evidence submitted by (me) (us)
on the possible presence of freshwater wetlands on the subject property,
acknowledge (my) (our) responsibility for strictly complying with
the provisions of the Freshwater Wetlands Protection Act (N.J.S.A.
13:9b-1 et seq.), and the rules promulgated pursuant thereto and (I)
(we) hereby agree to defend, indemnify and save harmless the BOARD
OF HEALTH and the TOWNSHIP OF READINGTON and their elected and appointed
officials, agents and employees, from and against any and all claims
and liabilities (including, without limitation, attorneys' fees) arising
out of or related to (my) (our) failure to comply with any applicable
wetlands or flood-hazard laws and regulations.
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This indemnification agreement shall apply notwithstanding
the actual or alleged negligence of those to be indemnified, but shall
not apply to claims or liabilities arising solely from the negligence
of those to be indemnified.
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__________________________
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Signature of Applicant
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__________________________
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Printed Name of Applicant
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__________________________
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Street Address
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__________________________
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City, State, Zip Code
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__________________________
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Date
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(12)
Section 5.1(c) is added to read as follows:
[Added 7-18-2001 by Ord. No. BH:01-01]
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5.1 General provisions for the Determination
of soil suitability.
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(c)
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Policy pronouncements or interpretations of the NJDEP and/or the Hunterdon County Health Department concerning the suitability of soils conditions for septic systems, which are not duly enacted as part of the State Code or adopted by ordinance of the administrative authority, may not have the force and effect of law and may not be binding upon the administrative authority. Should an applicant wish the Board to grant an approval based upon such policies or interpretations, a variation (a variance) pursuant to the provisions of § 268-19 of this article may be required, in which case the applicant shall be required to demonstrate practical difficulties or exceptional and undue hardship as required by such section and all criteria stated therein.
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(13)
Section 5.2(b) is amended to read as follows:
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5.2(b) Requirements for profile pits.
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A minimum of two profile pits are required for
each disposal field. Soil borings in lieu of profile pits are not
acceptable.
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(14)
Section 5.2(d) is amended to read as follows:
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5.2(d) Seepage pits.
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When a seepage pit(s) is proposed, as allowed
in N.J.A.C. 7:9A-5.2(d), a minimum of one profile pit shall be performed
for each seepage pit. Profile pits shall be located no further than
15 feet from the proposed seepage pit.
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(15)
Section 5.8(b)(2) is amended to read as follows:
[Amended 7-18-2001 by Ord. No. BH:01-01]
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5.8(b)(2) Criteria for recognition of
zones of saturation.
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(2)
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Time for testing. Except for tests in connection
with the alteration, without expenses or change in use, or repair
of existing systems, where any of the groundwater conditions identified
in Sections 5.8(b)(2)(v)(A) or (B) of this article are present, groundwater
elevations shall be determined only during the months of January through
April (unless the period is lengthened or shortened by NJDEP or by
the administrative authority due to a significant departure from normal
climatic conditions) and all such tests, whenever conducted, shall
be based upon the following:
[Amended 6-18-2003 by Ord. No. BH:03-01] | |||
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i.
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Profile pits. Water levels shall be measured
directly within soil profile pits. Profile pits shall be dug in natural
soil immediately outside of or within a fifteen-foot radius of the
proposed disposal system. The profile pits shall be a minimum of 10
feet in depth or to bedrock, but in no case shall the profile pit
extend less than eight feet below the bottom of the proposed level
of infiltration.
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ii.
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Size of profile pits. The profile pit shall
be of such size as to permit ready observation of earth material characteristics,
depth to seasonal high water table and depth to bedrock.
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iii.
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Groundwater tests. Groundwater tests shall be
conducted to provide evidence of the elevations of the regional zone
of saturation. Testing shall not be conducted until initial groundwater
stabilization is established over a period of not less than 24 hours
from the installation of the test equipment, using a test method to
be proposed by the applicant's engineer and witnessed by the administrative
authority or its authorized agent. Initial groundwater stabilization
shall not be considered reached where the last day's level is higher
in elevation than the previous day's. The usual method acceptable
to the administrative authority is by piezometers. However, monitoring
standpipes, installed vertically within the soil profile pits (after
which the pits are backfilled) are allowed.
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iv.
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Initial groundwater stabilization. Groundwater
testing shall be conducted after initial (twenty-four-hour) groundwater
stabilization is reached.
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(A)
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Favorable conditions. Where favorable groundwater
conditions exist [where none of the adverse criteria listed in Subsections
v(A) or (B), below, exist] on the lot (or proposed lot) being tested,
the groundwater testing shall be conducted for not less than 24 hours
after initial groundwater stabilization.
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(B)
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Moderate conditions. Where any of the groundwater
conditions set forth in Subsection v(A), below, are found to exist
anywhere on the lot (or proposed lot), testing shall be conducted
for not less than three business days, during the wet season, starting
after initial groundwater stabilization.
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(C)
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Severe conditions. Where any of the groundwater
conditions set forth in Subsection v(B), below, are found to exist
anywhere on the lot (or proposed lot), testing shall be conducted
weekly for eight consecutive weeks during the wet season (normally
during the months of January through April).
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v.
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The administrative authority will require monitoring
of the water table in addition to the testing described in Subsections
i through iv, above, when any of the following conditions are found
to exist:
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(A)
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Moderate conditions. The following groundwater
conditions shall require not less than three business days testing,
as set forth in Subsection iv(B) above:
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(1)
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The groundwater table at any time is observed
more than three feet and less than five feet of the surface of the
ground;
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(2)
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Where there is mottling observed within five
feet of the surface of the ground, unless meeting the definition of
perched as defined in 7:9A-5.8e.;
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(3)
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Where the Hunterdon County Soil Conservation
Service, County Soil Survey Report, shows groundwater to be within
five feet of the surface of the ground, and the on-site soil profile
description matches the description of the soil series in question
within the County Soil Survey Report; or the soil is rated as having
moderate to severe constraints for septic disposal, as determined
by the Soil Conservation Service in its Soil Survey Report, together
with a comparison of the soil series present at the site with the
soil series description contained in the County Soil Survey Report,
shall be provided by the applicant to the administrative authority;
or
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(B)
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Severe conditions. The following groundwater
conditions shall require testing weekly during eight consecutive weeks
of a wet season, as set forth in Subsection iv(C), above:
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(1)
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The groundwater table at any time is observed
within three feet of the surface of the ground;
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(2)
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Where there is mottling observed within three
feet of the surface of the ground, unless clearly and convincingly
shown to have been caused by a perched zone of saturation or meeting
the definition of perched according to 7:9A-5.8e.
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(3)
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Where the Hunterdon County Soil Conservation
Service, County Soil Survey Report shows groundwater to be within
three feet of the surface of the ground, or shows non-soil to be within
three feet of the surface of the ground, and the on-site soil profile
description matches the description of the soil series in question
within the County Soil Survey Report; or the soil is rated as having
"severe" constraints for septic disposal, as determined by the Soil
Conservation Service in its Soil Survey Report, together with a comparison
of the soil series present at the site with the soil series description
contained in the County Soil Survey Report, shall be provided by the
applicant to the administrative authority; or
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(4)
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Where there is a topographical feature, hydric
soils, or hydrophitic vegetation within 100 feet of the test site
that would indicate the likelihood of a high seasonal groundwater
(less than two feet from the surface of the ground).
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(5)
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Where an applicant believes that the period of testing required above should, for good cause, be shortened, and the applicant's engineer has certified that, in his or her professional opinion the results of testing conducted truly and accurately represent the seasonal high groundwater in the area, a request for a variation to shorten the testing period may be made by the applicant and considered by the administrative authority pursuant to the provisions of § 268-19 of this article.
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(C)
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Testing for moderate or severe conditions shall
not be discontinued when the groundwater levels for either of the
last two days of testing are higher in elevation than the average
daily groundwater levels of the previous days' testing.
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vi.
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In addition to the testing required by Subsections
iv and v, above, where the administrative authority has doubt concerning
an alleged perched formation or artesian formation, the applicant
may be required to perform hydraulic head testing during the months
of January through April for a minimum of eight consecutive weeks.
This hydraulic head test is to be conducted as prescribed by N.J.A.C.
7:9A-5.9. and read weekly over an eight-week period.
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vii.
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The administrative authority may suspend groundwater
testing if it is determined that there has been a significant departure
from normal climatic conditions. The administrative authority may
monitor the area climatic data, to establish a baseline for the determination
of abnormal climatic conditions.
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viii.
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All groundwater test results shall be certified
by a licensed professional engineer, and all testing shall be witnessed
by a representative of the administrative authority. Reports of the
depth to the referenced groundwaters shall be made on forms furnished
by the administrative authority.
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ix.
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All test piezometers and standpipes shall be
removed within 10 days after completion of the tests and approval
of the test results by the Board of Health, except where authorized
by the NJDEP for water quality testing. Extensions of time may be
granted upon written application to the administrative authority.
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(16)
Section 6.1(a) is amended to read as follows:
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6.1(a) General provisions for permeability
testing.
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1.
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The design permeability is the basis for determining
the minimum required area of the disposal field. Tests shall be required
at the site of each disposal field, at the level of infiltration,
for determination of the design permeability.
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2.
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Where what would otherwise be a conventional
disposal field meeting the requirements of Section 10.1(c) below will
be installed, tests shall be conducted at a depth of one foot to three
feet below the ground surface, within the soil horizon in which the
bottom of the disposal field will be placed. When a soil replacement,
mound, or mounded soil replacement installation is proposed, a minimum
of two percolation tests or more, meeting the number and placement
requirements shown in Appendix C of N.J.A.C. 7:9A, shall be conducted
at the level of infiltration after the fill material has been installed
and compacted.
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3.
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Fill material to be used in the zone of treatment
shall meet the coarse fragment content, textural analysis and permeability
requirements of N.J.A.C. 10.1(f)(4). Fill material to be used in the
zone of disposal shall meet the textural analysis and permeability
requirements of N.J.A.C. 10.1(f)(5).
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4.
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Fill material must be delivered and stockpiled
at the site for testing by a qualified soils laboratory and certified
by a licensed professional engineer of New Jersey, indicating the
coarse fragment content (where applicable), the textural analysis
and permeability rate of the material. At least one test for each
five truckloads (60 cubic yards) of material must be performed, with
a minimum of two samples per system. Fill materials not meeting the
requirements set forth in Subsection 6.1(a)3 above will have to be
replaced.
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(17)
Section 6.1(c) is amended to read as follows:
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6.1(c) Soil permeability class rating.
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The soil permeability class rating test shall
not be used in soils which are predominantly clay, silty clay, silty
clay loam, sandy clay, clay loam, silt loam or silt, unless the results
of the test are confirmed by another type of permeability test permitted
by the Code. For further clarification on these restricted soil types,
reference is made to Appendix A, Figure 6, of N.J.A.C. 7:9A.
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(18)
Section 8.2(l)(3) is amended to read as follows:
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8.2(l)(3) Pretreatment units.
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An inspection port extending to finished grade
shall be provided over each tank or compartment inlet and outlet which
is not directly below a manhole, except for those where a septic solids
retainer is used. Inspection ports shall extend to finished grade,
shall be constructed of Schedule 40 Polyvinyl Chloride (PVC) pipe
designed for usage, among other uses, in a septic system, and shall
have a locked or bolted cap.
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(19)
Section 9.1 is amended to read as follows:
[Added 7-18-2001 by Ord. No. BH:01-01; 12-16-2020 by Ord. No. BH 01-2020]
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9.1 Pump septic systems.
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(a)
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Automatically controlled electrically operated
pump septic systems ("pump systems") shall be permitted only if the
applicant is able to demonstrate to the administrative authority that
the topography of the property does not permit the installation of
a gravity system.
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(b)
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(22)
Section 10.2(e) is amended to read as follows:
[Amended 12-16-2020 by Ord. No. BH 01-2020]
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10.2(e). Disposal field sizing requirements.
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When soil tests taken in different part of the
disposal field yield different results, the system shall be designed
based upon the most restrictive conditions found within the area of
the disposal field. The minimum required disposal field bottom area
for soil replacement gravity or pressure dosing shall be 1.61 square
feet per gallon per day for disposal beds or trench systems.
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(23)
A new section 10.1(f)(6) is added to read as
follows:
[Added 6-18-2003 by Ord. No. BH:03-01]
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The percentage by weight of fines and very fines
in the fill material to be installed in the zone of treatment or the
zone of disposal shall not exceed 25%.
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(24)
Section 10.1(i) is added to read as follows:
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10.1(i). Reserve area required.
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1.
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No permit for the location and construction
of a new sewage/septic disposal system shall be issued unless the
applicant shall have obtained a minimum of two acceptable soil profile
pits and one acceptable permeability test in the primary area and
a minimum of two acceptable soil profile pits and one acceptable permeability
test in the reserve or replacement disposal area. The requirement
for a reserve area shall not apply to repairs, alterations, or replacements
of existing systems or to existing lots having an area of less than
1 1/2 acre.
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2.
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For subdivision purposes, all proposed subdivided
lots, including lands remaining that do not have a satisfactorily
operating septic system, shall have the required tests completed for
both the primary and the reserve areas and the test locations shall
be indicated on the sketch plat, except where the lot(s) in question
are deed-restricted to prevent development.
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3.
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There shall be a minimum of 30 feet between
fields for the primary area and the replacement area. The location
and spacing of tests for the primary and the reserve areas shall conform
with the requirements of N.J.A.C. 7:9A-5.2 as herein revised and as
shown on Figure 1 of Appendix A. The applicant shall designate on
the location survey which percolation or permeability tests and/or
soil profile pits are to be used for the primary area and which percolation
tests and/or soil profile pits are to be used for the expansion or
replacement area.
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4.
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The area of the reserve or replacement area
shall be equivalent to 100% of the proposed primary disposal area,
shall meet all the requirements applicable to the primary disposal
area and shall be outlined in the plans by a heavy dashed line marked
"Reserved for Disposal Area Expansion or Replacement." No improvements
or structures shall be installed or located within or adjacent to
this reserved area which may adversely affect its future use as disposal
area.
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5.
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The failure to provide a suitable and adequate
reserve and replacement area, where required, shall constitute sufficient
grounds for rejection of the application.
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(25)
Section 12.1 is amended to read as follows:
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12.1 Advised inspection and maintenance.
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(a)
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A property owner having an individual septic
disposal system should have the system inspected by a licensed professional
engineering firm or a person or firm that commercially installs or
services septic systems (hereinafter "qualified professional") at
least every three years.
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(b)
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The purpose of the inspection is to determine
whether the system is functioning satisfactorily and whether any preventive
maintenance is needed to prevent future failure. The inspection should
include the following:
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1.
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Pumping of the septic tank to remove accumulated
solids and sludge.
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2.
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Inspection of the septic tank for evidence of
leakage out of or into the unit, including visible holes, cracks,
or corrosion, or noticeable seepage of groundwater into the unit after
it has been pumped out; inspection for signs of clogging or effluent
backup indicated by a liquid level higher than the invert of the outlet.
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3.
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Where access permits, inspection of the distribution
box for levelness, evidence of solids carry-over from the septic tank,
leakage out of or into the unit, including visible holes, cracks,
or corrosion, or noticeable seepage of groundwater into the unit,
signs of clogging or effluent backup indicated by a liquid level higher
than the invert of the outlets.
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4.
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Inspection of the disposal field for signs of
hydraulic failure, including, but not limited to, ponding of rainwater
or effluent, surface breakout of effluent, wet or soggy soils conditions,
or sewage odor emanating from the area of the disposal field; condition
of surface grading and vegetation, evidence of uneven ground settlement,
slope failure, erosion or ruts caused by vehicular traffic; levels
of effluent ponding determined by means of inspection ports where
available; encroachments into the area of the disposal field, including
driveways, patios and other forms of encroachment which may affect
the operation of the system; and improperly directed drainage from
roofs, footing drains, ditches or swales, or any other unauthorized
source of hydraulic loading.
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(c)
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This Section 12.1 is advisory in nature and
therefore no penalty is provided for the violation thereof.
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[Amended 10-20-1999 by Ord. No. BH:99-02; 7-18-2001 by Ord. No. BH:01-01]
A.
New individual subsurface disposal systems shall not
be placed in operation, nor shall new dwellings or buildings or additions
thereto, which must rely on such a system for sewage disposal, be
sold or occupied, until a certificate has been supplied by the engineer
who designed the system, certifying that it has been located and constructed
in accordance with an as-built drawing previously filed with the administrative
authority or its authorized agent and is in compliance with the terms
of the license or permit, the Standards for Individual Subsurface
Sewage Disposal Systems, this article and all applicable laws and
regulations.
B.
The plans for residential developments involving six
or more dwelling units utilizing septic systems, which are required
to be filed with NJDEP for compliance with the State's Water Quality
Management Plan, shall be first filed with the administrative authority
for preliminary review. After NJDEP final action is taken in the matter,
it shall be returned to the administrative authority for final action.
[Amended 10-20-1999 by Ord. No. BH:99-02]
In case any license or permit or certification
required by this article is denied by the administrative authority,
a hearing shall be held thereon before the administrative authority
within 15 days after an express written request therefor is made by
the applicant, and upon such hearing, the administrative authority
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of such hearing.
[Amended 10-20-1999 by Ord. No. BH:99-02]
The administrative authority may, after written
application therefor, hearing thereon, and good cause shown, grant
permission for variations from the provisions of this article, where
by reason of an extraordinary and exceptional situation affecting
the property, the strict application of this article would result
in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the developer of the property, or where the
benefits of granting a variance outweigh any detriment, but no variation
shall be permitted under this section which would result in a failure
to comply with the then-current standards for the construction of
individual subsurface sewage disposal systems promulgated by the New
Jersey State Department of Environmental Protection.
[Amended 10-20-1999 by Ord. No. BH:99-02]
The applicant(s) shall be responsible for providing
adequate safety measures to permit safe access to any excavated test
area during the test procedures, as well as appropriate warning signs
and fencing, to limit access to the excavation by the public when
it is left unattended. Neither the administrative authority nor the
Township of Readington, nor any of their officials, agents or employees,
shall be responsible for any claims or liabilities arising out of
or connected with any excavation(s) made for soil testing purposes.
Such testing procedures shall be conducted solely at the risk of the
owner, applicant, developer or purchaser of the property and/or their
agents and employees conducting the excavation. Further, the following
indemnification agreement shall be signed by or on behalf all applicants:
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THIS DOCUMENT
HAS IMPORTANT LEGAL CONSEQUENCES
AND
SHOULD BE REFERRED TO YOUR LAWYER
PRIOR TO SIGNING
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(I) ______________ (We) ______________________________________________,
the applicant(s) for the observation and witnessing by a representative
of the BOARD OF HEALTH of a test of soil characteristics in connection
with (check one) ___ construction, ____________ alteration, or ___,
repair of a subsurface individual sewage disposal system on Block
______, Lot _____, in Readington Township, New Jersey, in consideration
of the participation by the BOARD OF HEALTH OF THE TOWNSHIP OF READINGTON
(BOARD OF HEALTH) in the site evaluation procedure for the design
and location of a septic system on the subject property, acknowledge
(my) (our) responsibility for providing adequate safety measures to
permit safe access to the excavated test area during the test procedures,
as well as appropriate warning signs and fencing, to limit access
to any excavation by the public when the excavation is left unattended
and (I) (we) hereby agree to defend, indemnify and save harmless the
BOARD OF HEALTH and the TOWNSHIP OF READINGTON and their elected and
appointed officials, agents and employees, from and against any and
all claims and liabilities (including, without limitation, attorneys'
fees) arising out of or related to any excavation.
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This indemnification agreement shall apply notwithstanding
the actual or alleged negligence of those to be indemnified, but shall
not apply to claims or liabilities arising solely from the negligence
of those to be indemnified.
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Signature of Applicant
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Printed Name of Applicant
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Street Address
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City, State, Zip Code
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Date
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[Amended 10-20-1999 by Ord. No. BH:99-02; 12-16-2020 by Ord. No. BH 01-2020]
Applicants to the administrative authority for
variations from the required separation distances specified under
268-16B(10) provisions of this article, which involve a new or existing
subsurface sewage disposal system shall give public notice of the
application to the owners of all real property as shown on the current
tax map who are affected by the nonconforming condition, at least
10 days prior to the Board of Health meeting date at which the application
for a variation shall be heard. Notice shall be given by personal
service or certified mail, return receipt requested. The applicant
shall file an affidavit of proof of service with the administrative
authority prior to the meeting at which action is to be taken on the
application.
[Amended 10-20-1999 by Ord. No. BH:99-02]
A.
Any person or persons, firm or corporation violating
any of the provisions of or any order promulgated under this article
or the Standards for Individual Subsurface Sewage Disposal Systems
of the New Jersey State Department of Environmental Protection, effective
January 1, 1990, last amended April 2, 2020, as they may be amended
from time to time, upon conviction thereof, shall pay a penalty of
not more than $500 nor less than $5 for each violation.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
B.
Each day a particular violation continues shall constitute
a separate offense.
[Amended 10-20-1999 by Ord. No. BH:99-02; 2-29-2000 by Ord. No. BH:00-01; 12-18-2013 by Ord. No. BH:01-2013; 4-20-2016 by Ord. No. BH:01-2016]
A.
The following fees and charges are hereby established:
(1)
For the filing of an application and plans to locate and construct
an individual sewage disposal system, plan review by the Hunterdon
County Department of Health, site inspection, issuance of permit and
installation inspections: $250.
(2)
For the filing of an application and plans for a permit to alter
an existing individual sewage disposal system and issue said permit:
$225.
(3)
For filing an application for the repair of an existing individual
sewage disposal system: $90.
(4)
For re-review (after initial plan rejection): $15.
B.
For the observation of a test of soil characteristics by a representative
of the administrative authority, a minimum advance fee for services
of $300 per lot per day will be charged with a minimum of two days.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
C.
The charges of the representative of the administrative authority
will be based on a daily rate of $300 per lot per day.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
D.
Applications and appropriate fees shall be on file with the administrative
authority at least five working days prior to the requested witnessing
time. In the event these fees are not received within this time frame,
it will be within the administrative authority's rights to cancel
the appointment for the witnessing.
E.
Tests which are canceled due to adverse weather conditions (conditions
which prevent the tests from being performed) or canceled at least
one business day prior to the scheduled start of the test will be
exempt from any witnessing fee. The daily $300 fee shall be applied
for all other cancellations on the part of the applicant.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
F.
The above fees may be adjusted by resolution as agreed to by the
majority of the administrative authority.
G.
The above fees shall automatically change to keep pace with changes
to the environmental health services fees charged by the Hunterdon
County Department of Health pursuant to the ordinance of the County
of Hunterdon pertaining to the same items.
[Amended 10-20-1999 by Ord. No. BH:99-02; 7-18-2001 by Ord. No. BH:01-01]
Soils testing and determinations of the seasonal
high water table made and reported to the administrative authority
on or before the effective date of this article may be used as a basis
for design and location of a septic system for a period of one year
from the effective date of this article. After such one-year period
such testing and determinations shall be unacceptable unless they
meet all the requirements of this article. Soils testing and determinations
of the seasonal high water table made subsequent to the effective
date of this article shall meet all of the requirements of this article.
Septic system plans which were prepared in accordance with the laws,
regulations and ordinances then in effect and which have been approved
by the County Department of Health prior to the effective date of
this article, shall be exempt from complying with the design requirements
of this article.
