[HISTORY: Adopted by the Board of Health of the Township of Alexandria 3-13-1991.
Amendments noted where applicable.]
[Amended 7-10-2002]
The 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, 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 7-10-2002]
A.
Said code established and adopted by this chapter 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, and are set forth in the New Jersey Administrative Code,
Title 7, Chapter 9A, commonly cited as N.J.A.C. 79A-1.1 et seq.
B.
Three copies of said New Jersey State Department of Environmental
Protection Standards for Individual Subsurface Sewage Disposal Systems, effective
January 1, 1990. have been placed on file in the office of the Secretary,
Clerk or other similar officer of the Alexandria Township Board of Health
upon introduction of this chapter and will remain on file in said office for
the use and examination of the public.
C.
A copy of this chapter, 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.
D.
N.J.A.C. 7:9A-1.6(a) and (b), 7:9A-5.2(b) and (d), 7:9A-5.8(b)2,
7:9A-8.2(l)3, 7:9A-10.2(d) are hereby deleted from said Standards for Individual
Subsurface Sewage Disposal Systems and superseded by the following, and N.J.A.C.
7:9A-1.8, 7:9A-3.1 and 3.5, 7:9A-4.1 and 4.3, 7:9A-4.4(d), 7:9A-4.7(a), 7:9A-6.1,
7:9A-10.1 of said Standards for Individual Subsurface Sewage Disposal Systems
are hereby amended and supplemented by the following:
(1)
N.J.A.C. 7:9A-1.6 is replaced and superseded by the following:
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7:9A-1.6 General prohibitions
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(a)
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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.
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(b)
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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 chapter and all other
applicable laws, regulations and ordinances.
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(2)
N.J.A.C. 7:9A-1.8 is amended to include the following:
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(d)
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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 chapter, 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 chapter, 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 parts thereof,
no further work shall be done except as stated above.
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(3)
N.J.A.C. 7:9A-3.1 is amended to include the following:
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(d)
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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 chapter, the more stringent
standards shall govern.
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(4)
N.J.A.C. 7:9A-3.5 is amended to include the following:
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(e)
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The professional engineer who designs the individual subsurface sewage
disposal system shall certify, in a signed and sealed writing, that the proposed
design is in full compliance with the Standards for Individual Subsurface
Sewage Disposal Systems (N.J.A.C. 7:9A-1.1 et seq.) and the requirements of
this chapter. Such certification shall accompany the application for a permit
to construct the system, and may be furnished by way of a note on the design
plan.
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(f)
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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 chapter and all
other applicable laws, regulations and ordinances.
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(5)
N.J.A.C. 7:9A-4.1 is amended to include the following:
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(c)
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The applicant has the burden of proving compliance with the provisions
of the code and this chapter 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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(6)
N.J.A.C. 7:9A-4.3 is amended to read as follows:
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The minimum separation distances1 (feet)
between the following components of the system and the features listed below
shall supersede those provided in Table 4.3. The location of a new well must
be in conformance with the requirements of N.J.A.C. 7:10-12.13.
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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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Watercourse3
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Property Line
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Detention Basin, Retention Basin, Infiltration Basin
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Building sewer
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25
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10
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---
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---
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---
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Septic tank, dosing tank
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100
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----
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100
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15
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---
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Distribution box
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100
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----
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1002
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15
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---
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Disposal field
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100
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----
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1002
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20
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50
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NOTES:
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1The above distances supersede any less stringent
provisions of N.J.A.C. 7:9A-4.3.
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2May be reduced to 75 feet, provided that
design incorporates a select fill enclosure.
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3As measured from the top of the bank.
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(7)
N.J.A.C. 7:9A-4.4 is amended to include the following:
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(d)
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Notwithstanding the above, construction of any component of a subsurface
sewage disposal system shall meet the steep slope development requirements
contained in § 115-27B(4) of the Code of the Township of Alexandria.
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(8)
N.J.A.C. 7:9A-4.7(a) is amended to read as follows:
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(a)
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As part of the initial site evaluation process, prior to selection of
a site for a proposed subsurface sewage disposal system, the applicant shall
take into consideration the possible presence of freshwater wetlands which
are protected by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1
et seq., and the rules promulgated pursuant thereto, N.J.A.C. 7:7A. The applicant
shall furnish the administrative authority with evidence that he or she has
complied with the applicable regulation. This evidence shall meet the requirements
of (c) below and shall be required whenever the criteria given in (b) below
are satisfied.
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(9)
N.J.A.C. 7:9A-5.2(b) is replaced and superseded by the
following:
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(b)
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Requirements for profile pits. A minimum of two profile pits is required
for each disposal field. Soil borings in lieu of profile pits are not acceptable.
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(10)
N.J.A.C. 7:9A-5.2(d) is replaced by the following:
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(d)
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Seepage pits. 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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(11)
N.J.A.C. 7:9A-5.8(b)2 is replaced and superseded by the
following:
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2
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Criteria for recognition of zones of saturation. Except for tests in
connection with the alteration or repair of existing systems, initial groundwater
elevations shall be determined only during the months of January through April
[unless the period for initial testing is lengthened or shortened by the New
Jersey Department of Environmental Protection (NJDEP) or by the administrative
authority due to a significant departure from normal climatic conditions],
and shall be based upon the following:
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i.
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Water levels shall be measured directly within soil profile pits. Observation
pits shall be dug in natural soil immediately outside of or within 15 feet
radius of the proposed disposal field as required by N.J.A.C. 7:9A. The observation
pits shall be a minimum of 10 feet in depth or to bedrock, but in no case
shall the observation pit extend less than four feet below ground surface
at the location of the proposed disposal field.
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ii.
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The observation pit shall be of such size as to readily permit observation
of earth material characteristics, depth to seasonally high water table and
depth to bedrock.
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iii.
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Tests in the disposal area shall be conducted to provide evidence of
the elevations of any perched zone of saturation and the regional zone of
saturation. These tests shall be conducted in a manner to allow for water
table equilibrium to be reached over a period of not less than 24 hours from
the start of the test through a method to be proposed by the applicant's
engineer and agreeable to the administrative authority or its agent. The usual
method acceptable to the administrative authority is by monitoring standpipes
or piezometers installed vertically within the soil profile pits and the pits
backfilled.
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iv.
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Initial water table observations shall be made after equilibrium is
reached, as described above.
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v.
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Additional daily monitoring of the water table over a period of not
less than three business days from the start of the test will be required
when any of the following conditions exist:
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(A)
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The seasonally high water table is observed within five feet of the
surface of the ground;
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(B)
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Where there is mottling observed within five feet of the surface of
the ground, unless clearly demonstrated to be the result of a perched zone
of saturation.
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(C)
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Where the Hunterdon County Soil Conservation Map shows high water table
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 severe constraints
for septic disposal due to seasonal high water table (the seasonally high
water table levels for the site as determined by the Soil Conservation Service
in its Soil Survey Report, together with a comparison of the soil profile
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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(D)
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Where there are topographical features, hydric soils or hydrophitic
vegetation that would indicate the likelihood of a high seasonal groundwater.
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vi.
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The administrative authority may require additional information and
testing concerning the seasonally high water table based upon the severity
of the water table indicators encountered and prevailing climatic conditions.
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vii.
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All water table tests and monitoring results shall be certified by a
licensed professional engineer and witnessed by a representative of the administrative
authority. Reports of the depth to the referenced water tables shall be made
on forms furnished by the administrative authority.
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viii.
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All test piezometers and standpipes shall be removed within 10 days
after completion of the tests, 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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(12)
N.J.A.C. 7:9A-6.1 is amended to include the following:
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(l)
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The tube permeameter and soil permeability class rating tests shall
not be used in soils which are predominately clay, silty clay, silty clay
loam, sandy clay, sandy clay loam, clay loam, silt loam, silt or loam unless
the results of the test are confirmed by a field test method conducted in-situ
as permitted by the Code. For further clarification on the restricted soil
types, reference is made to Appendix A - Figure 6 of N.J.A.C. 7:9A.
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(m)
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The pit-bailing test shall be performed only during the period of January
through April as may be extended or shortened by the NJDEP or administrative
authority due to unusual climatic conditions. When site conditions dictate
a pit-bailing test to be conducted, special arrangements at least 72 hours
in advance of the test shall be made with the administrative authority so
that a representative from the Municipal Engineer's office may be present
to observe the test procedure. The pit-bailing test shall not be used when
a twenty-four-hour stabilized water table is within five feet of the ground
surface unless the stabilized water table is verified by a hydraulic head
test.
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(13)
N.J.A.C. 7:9A-8.2(l)3 is replaced and superseded by the
following:
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(3)
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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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(14)
N.J.A.C. 7:9A-10.1 is amended to include the following:
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(i)
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Reserve area required.
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i.
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No permit for the location and construction of a new subsurface sewage
disposal system shall be issued unless the applicant shall have performed
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 for a reserve or replacement disposal
area. The requirement for proving a reserve disposal area shall not apply
to repairs, alterations or replacements of existing septic systems, existing
lots of record that will be developed as an individual single-family residence,
nor to development applications which are pending municipal approval on or
before the effective date of this chapter.
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ii.
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For subdivision purposes, all proposed lots and lands remaining of less
than six acres that do not have a satisfactorily operating septic system shall
have the required tests completed for both the primary and reserve disposal
areas, except where the proposed lot(s) are deed-restricted from development.
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iii.
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There shall be a minimum separation of 30 feet between the primary test
area and the reserve or replacement test area. Location and spacing of tests
for the primary and the reserve areas shall conform to the requirements of
N.J.A.C. 7:9A-5.2 as herein revised. The applicant shall show and identify
all soil logs and tests on the plat or site plan, and designate which permeability
tests and soil logs are associated with the primary area, and which permeability
tests and soil logs are associated with the reserve or replacement area.
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iv.
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The footprint of the reserve or replacement disposal 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 on the plat
or site plan 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 a disposal area.
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v.
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Failure to provide a suitable and adequate reserve and replacement area
where required by this chapter shall constitute sufficient grounds for rejection
of a development application which relies on subsurface sewage disposal.
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(15)
N.J.A.C. 7:9A-10.2(d) is replaced and superseded by the
following:
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(d)
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When soil tests taken in different parts 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 gravity or pressure dosing shall be 1.61 square
feet per gallon per day for disposal beds and 0.65 linear feet per gallon
per day for disposal trenches having widths of 1.5 feet; 0.54 linear feet
per gallon per day for disposal trenches having widths of 2.0 feet; 0.46 linear
feet per gallon per day for disposal trenches having widths of 2.5 feet; and
0.40 linear feet per gallon per day for disposal trenches having widths of
3.0 feet, respectively.
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No person shall locate, construct or alter any individual sewage disposal
system until a permit for the location, construction, alteration or repairs
of said sewage disposal system shall have been issued by the administrative
authority as defined in N.J.A.C. 7:9A-2.1.
The administrative authority may issue a permit if the application is
determined to be in compliance with the regulations adopted under this chapter
and applicable local ordinances. The administrative authority reserves the
right to impose additional requirements when in its judgment, or its authorized
agents' judgment, such requirements are warranted.
All individual subsurface sewage disposal systems constructed, repaired
or certified for operation after the effective date of this chapter shall
comply with the operation and maintenance requirements set forth under N.J.A.C.
7:9A-12.1.
[Amended 7-10-2002]
A.
New individual subsurface 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
an accurate septic system as-built plan has been prepared by a professional
engineer and furnished to the administrative authority, and the administrative
authority shall have issued a certificate indicating that subsurface sewage
disposal system has been located and constructed in compliance with the terms
of the permit issued, the applicable provisions of the Code of the Township
of Alexandria and the provisions of N.J.A.C. 7:9A-1.1 et seq. as amended by
this chapter.
B.
In the event that any license, permit or certification required
by this chapter 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.
C.
The administrative authority may, after written application therefor,
hearing thereon and good cause shown, grant permission for variations from
the provisions of this chapter where, by reason of an extraordinary and exceptional
situation affecting the property, the strict application of this chapter 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 variation outweigh any detriment. No variation shall be permitted
under this section which would result in a failure to comply with the current
Standards for the Construction of Individual Subsurface Sewage Disposal Systems
promulgated by the New Jersey State Department of Environmental Protection.
Any application approved under the standards of N.J.A.C. 7:9A-1.1 et
seq., effective January 1, 1990, for the location, construction and/or alteration
of an individual subsurface sewage disposal system shall be valid for a period
of three years from the date of issue. Thereafter, a new approved application
must be obtained which will be reviewed under the regulations in effect at
the time of the new application.
[Amended 7-10-2002]
A.
The following fees and charges are hereby established:
(1)
For the filing of an application and plans to locate
and construct a new individual subsurface sewage disposal system, plan review,
site inspection, issuance of permit and installation inspection: $250.
(2)
For the filing of an application and plans for a permit
to alter an existing individual subsurface sewage disposal system, plan review,
issuance of permit and installation inspection: $225.
(3)
For the filing of an application to repair an existing
subsurface sewage disposal system, issuance of permit and installation inspection:
$90.
(5)
For witnessing two soil profile pits and one associated
test procedure, per lot per day or part thereof: $150 (exclusive of pit-bailing
test).
(6)
For witnessing additional soil profile pits or soil tests,
per profile pit or test per day or part thereof: $50 (exclusive of pit-bailing
test).
(7)
For observation of pit-bailing test by Municipal Engineer's
office, per test: $500.
(8)
For witnessing additional monitoring of groundwater table,
per lot per day: $50.
B.
The above fees may be adjusted annually in January of
each year as may be agreed to by the administrative authority.
[Amended 7-10-2002]
A.
All soil permeability testing, soil profile pits and
other soil evaluation procedures shall be witnessed by a representative of
the administrative authority or it's authorized agent in accordance with
N.J.A.C. 7:9A-3.6 and this chapter. The administrative authority or it's
authorized agent may require a maximum of 15 business days' prior written
notice for the purpose of witnessing soil evaluation or testing procedures.
B.
Notice of cancellation or postponement of scheduled witnessing
must be given to the Board of Health Secretary at least one full business
day before the scheduled witness date, otherwise a minimum one-day fee will
be charged. The minimum fee shall also be charged whenever the designated
witness is in attendance at the property to be tested, regardless of whether
the tests and soil evaluation procedures are performed or completed. The minimum
fee shall be payable for each day or part thereof for attendance by the designated
witness. Attendance on each additional day or part thereof shall require payment
of the additional minimum fee specified above Scheduled witnessing which is
canceled due to adverse weather conditions on the scheduled date shall not
be subject to the minimum fee.
C.
All fees shall be paid at least five business days in
advance of the witness date. The designated witness shall not schedule or
witness any profile pits or soil evaluation test procedures, conduct any reviews
or inspections, issue any permits or render any other service until payment
is received in full.
D.
In addition to the fees set forth above, if review of an application is required by the Municipal Board of Health or governing body, the applicant shall deposit with the municipality an escrow deposit of $500 to be applied to the cost of professional review of the application by the Municipal Engineer and other professionals. The escrow deposit shall be administered in the same manner as escrow deposits received by the municipality in accordance with Chapter 115, Land Use, of this Code, and the municipality may require replenishment of the escrow for review of applications for permits under this chapter in the same manner as provided under Chapter 115.
[Added 7-10-2002]
The applicant(s) shall be responsible for providing adequate safety
measures to permit safe access to any excavated test area during site and
soil evaluation 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 Alexandria nor any
of their officials, agents or employees shall be responsible for any claims
or liabilities arising out of or connected with any excavations made for soil
evaluation purposes. Such evaluation 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 excavations.
[Added 7-10-2002]
A.
Any person or persons, firm or corporation violating
any of the provisions of this chapter or any order promulgated under the Standards
for Individual Subsurface Sewage Disposal Systems of the New Jersey State
Department of Environmental Protection, effective January 1, 1990, 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.
B.
Each day a particular violation continues shall constitute
a separate offense.
[Added 7-10-2002]
Soils testing and determinations of the seasonal high water table performed
in connection with an individual lot of record on or before the effective
date of this chapter, or submitted with a development application which is
pending municipal approval on or before the effective date of this chapter,
may be used as a basis for the design and location of a septic system. Soils
testing and determinations of the seasonal high water table made subsequent
to the effective date of this chapter shall meet all the requirements of this
chapter. Septic system design plans and specifications 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 chapter shall be exempt from complying with the more stringent
site evaluation and design requirements of this chapter.
