Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Dover 9-20-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Sewerage Authority — See Ch. 80.
Sewers — See Ch. 311.

§ 434-1 Controlling standards.

The New Jersey Department of Environmental Protection has promulgated certain regulations known as "Standards for the Construction of Individual Subsurface Sewage Disposal System," establishing standards for the location and construction of sewage disposal systems, which standards shall be controlling unless higher standards are prescribed by the local Board of Health. The New Jersey State Department of Environmental Protection has promulgated certain regulations known as "Standards for the Construction of Public Non-Community and Non-Public Water Systems," establishing standards for the location of water supply systems, which standards shall be controlling unless higher standards are prescribed by the local Board of Health.

§ 434-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated:
ALTER AND ALTERATION
When used in connection with an individual sewage disposal system or an individual water supply system, any change which affects its basic design or component parts, being distinguished from repairs which consist merely of replacing parts of an existing system.
CERTIFICATE OF COMPLIANCE AS TO INSTALLATIONS
A certificate issued by the Board of Health or its authorized agent certifying that an individual sewage disposal system or a water supply system has been installed in such manner as to meet the requirements of the Realty Improvement Sewerage and Facilities Act (1954),[1] Standards for the Construction of Sewerage Facilities for Realty Improvements or Standards for the Construction of Water Supply Systems for Realty Improvements and any higher standards prescribed by this chapter, and all terms and conditions of approval imposed by the Board of Health to such systems upon the issuance of the certificate of compliance as to location and design therefor.
CERTIFICATE OF COMPLIANCE AS TO LOCATION AND DESIGN
A certificate issued by the Board of Health certifying that a proposed individual sewage system or a proposed water supply system, or an alteration of any such system, is in compliance with the provisions of the Realty Improvement Sewerage and Facilities Act (1954),[2] Standards for the Construction of Sewerage Facilities for Realty Improvements or Standards for the Construction of Water Supply Systems for Realty Improvements and any higher standards prescribed by this chapter.
DISPERSAL SYSTEM
That system used for underground dispersion of the liquid portion of sewage. It may consist of disposal trenches, a disposal bed or a seepage pit.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
Any system for the disposal of sewage other than a sanitary sewer system collecting sewage from various premises for treatment and disposal at a sewage disposal plant approved by the State Department of Health.
PERSON
Any individual, firm, corporation, partnership, association or other organization.
REPAIR
The improvement of an existing system or facility by the replacement of parts thereof without making any change in the system or facility which affects its basic design or component parts.
WATER SUPPLY SYSTEM
Any system for the supply of water for potable or domestic purposes other than a public system approved by the State Department of Health. The term "water supply system" shall not include any system for the supply of water to be used for cooling systems, the watering of lawns or for any other outside uses.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.

§ 434-3 Applicability of state standards to individual sewage disposal systems; higher standards.

The regulations promulgated by the New Jersey State Department of Environmental Protection pursuant to the Realty Improvement Sewerage and Facilities Act (N.J.S.A. 58:11-23 et seq.) and known as "Standards for the Construction of Individual Subsurface Sewage Disposal Systems" are in full force and effect in the Town of Dover except that the following regulations or higher standards are hereby prescribed:
A. 
Plans and specifications. Every application for a certificate of compliance as to location and design of an individual sewage disposal system shall include as a part thereof a complete set of plans and specifications prepared or reviewed and approved by an engineer licensed to practice professional engineering in the State of New Jersey. The plans and specifications shall be drawn to scale and shall fully and accurately show the system to be constructed and each component part thereof.
B. 
In the event that the certificate of compliance is requested for the repair or alteration of an existing individual sewage disposal system, the requirement that the plans and specifications be prepared or reviewed and approved by a licensed professional engineer may be waived by the Board of Health, Sanitary Inspector, Engineer or Health Officer if, in their opinion, the services of a licensed professional engineer are not necessary.

§ 434-4 Expiration of permits; renewal and renewal fee.

A. 
Every permit issued pursuant to this chapter shall expire one year after the date of issuance unless, prior to such time, construction of the realty improvement with respect to which the permit was issued shall have been commenced, in which event the permit shall remain valid and in effect for a period of two years from the date of issuance.
B. 
The Board of Health may, in its discretion, renew a permit which has expired under the provisions of this section. Such renewal shall be subject to the provisions of this section. A fee of $25 shall be charged for the renewal of a permit.

§ 434-5 Testing of sewage and water systems.

The Board of Health may test, in any appropriate manner, any materials, construction, products or units comprising any part of any individual sewage disposal system or any individual water supply system in order to determine compliance with applicable requirements of state laws and standards and the provisions of this chapter.

§ 434-6 Inspection and supervision; certificate of occupancy.

An as-built inspection of the completely installed individual sewage disposal system shall be made by one of the following Board of Health employees: a licensed sanitary inspector, a licensed health officer or a licensed professional engineer. An as-built inspection shall also be made by the professional engineer who designed the system and supervised the installation, and that engineer shall submit an as-built drawing and shall certify that all requirements of the Board of Health certification of compliance for individual sewage disposal systems have been met. No certificate of occupancy shall be approved until all conditions and requirements of this chapter have been met.

§ 434-7 Prohibited drainage; abandoned septic tanks.

A. 
Roof drains, foundation drains, backwash water from swimming pools and drainage from other sources producing large intermittent or constant volumes of clear water shall not be piped into the septic tank or disposal area.
B. 
A separate vent on a septic tank shall not be installed.
C. 
The Board reserves the right to require that abandoned septic tanks and seepage pits be filled with earth or rock.

§ 434-8 Applicability of state standards to water supply systems.

The regulations promulgated by the New Jersey State Department of Environmental Protection, pursuant to the authority of the Realty Improvement Sewerage and Facilities Act (N.J.S.A. 58:11-23 et seq.), and known as "Standards for Construction of Public Non-Community and Non-Public Water Systems" are of full force and effect in the Town of Dover.

§ 434-9 Certificate as to location and design; permit to construct or alter system.

A. 
Certificate required. No person shall locate, construct or alter any individual sewage disposal system or any water supply system until the Board of Health shall have issued a certificate of compliance as to location and design with respect to such system and a permit to construct or alter such system.
B. 
Statement by engineer. Any application for a certificate of compliance as to location and design shall contain a statement made by an engineer licensed to practice professional engineering in the State of New Jersey that the design and location of the proposed systems are in compliance with the provisions of the Standards for the Construction of Individual Subsurface Sewage Disposal Systems or Standards for the Construction of Public Non-Community and Non-Public Water Systems and any higher standards prescribed by this chapter.

§ 434-10 Certificate as to installation.

No individual subsurface sewage disposal systems or public noncommunity and nonpublic water system shall be placed in service or operation until the Board of Health or its duly authorized agent shall have issued a certificate of compliance as to installation with respect to such systems.

§ 434-11 Privies and cesspools; temporary toilet facilities.

A. 
Existing privies and cesspools. All existing privies shall be properly enclosed, screened, ventilated, kept in repair and maintained at all times in a clean and sanitary condition.
B. 
The Board of Health may require the maintenance or use of an existing privy or cesspool to be discontinued, the contents to be removed and any pit to be filled with inert material whenever the maintenance or use of such privy or cesspool is no longer necessary or whenever the maintenance of such privy or cesspool constitutes a nuisance or is dangerous to the public health.
C. 
Every temporary privy or toilet facility shall be properly enclosed, screened, ventilated, kept in repair and shall be maintained at all times in a clean and sanitary condition. No such facility shall be located or maintained within 10 feet of any property line, within 25 feet of any street or within 25 feet of any door or window of any building used for human occupancy, and no such facility shall be constructed under or within any building or structure used for human occupancy. The contents of such facility shall be completely covered with inert material or otherwise effectively treated or removed at the end of each shift or working day.

§ 434-12 Repairs to existing systems.

No existing individual sewage disposal system or other system or facility intended to receive human excrement or other putrescible wastes shall be repaired until a permit has been issued therefor upon application to the Board of Health.

§ 434-13 License for constructing, altering or cleaning sewage systems.

A. 
No person shall engage in the business of constructing or altering any individual sewage disposal system in the town except a person holding a license therefor issued by the Board of Health pursuant to this chapter.
B. 
Applications for licenses to construct, alter or repair sewage disposal systems and applications for licenses to empty and clean such systems shall be made on forms to be supplied by the Clerk of the Board of Health for that purpose.

§ 434-14 Application for license; contents.

A. 
The application for a license shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
A brief description of the general nature of the applicant's business.
(3) 
A statement as to the previous experience of the applicant with regard to sewage disposal systems.
(4) 
A statement as to any licenses to engage in work respecting sewage disposal systems issued to the applicant by other municipalities at any time, the current status of such license or licenses and whether any such license has ever been revoked or suspended.
(5) 
A certification that the applicant, if application is made for a license to construct, alter or repair sewage disposal systems, is familiar with the provisions of this chapter, any other ordinances of the Board of Health or town relating to sewage disposal systems, the provisions of the New Jersey State Sanitary Code and the requirements of the Federal Housing Administration, and that the applicant will at all times comply with the pertinent provisions and requirements thereof.
B. 
The Health Officer may, upon review of an application, request an applicant to furnish additional information or to take an examination respecting qualifications of the applicant to engage in the business for which the license is sought before issuing or denying the application for license.

§ 434-15 Denial of application; expiration date; transferability of license; suspension or revocation.

A. 
In the event of the denial of an application, notice of such action shall be mailed by the Health Officer to the applicant within 10 days after the action is taken.
B. 
Every license issued shall expire on the last day of December of the year during which the license was issued.
C. 
No license issued hereunder shall be transferred for any reason whatsoever.
D. 
The Board of Health may, upon five days' notice, suspend, revoke or cancel any such license for any violation of any provision of this chapter or any other ordinance, rule or regulation relating to sewage disposal or for any misrepresentation in any application for a license.

§ 434-16 Applications for certifications, licenses and permits.

All applications for certifications required by §§ 434-9 and 434-10 and all applications for licenses and permits required by this chapter shall be made upon forms to be supplied by the Board of Health for that purpose. A separate application shall be filed and a separate certificate and permit issued for each installation or system.

§ 434-17 Fees.

The following fees are hereby established:
A. 
For the filing of an application and plans for a certification of compliance as to location and design of a new individual sewage disposal system, the sum of $25.
B. 
For the filing of an application and plans for a certification of compliance as to location and design for an alteration of an existing individual sewage disposal system, the sum of $15.
C. 
For the issuance of a permit to repair an individual sewage disposal system or other sewage system, the sum of $10.
D. 
For each reinspection of an individual sewage disposal system or a water supply system, or part thereof, caused by failure of any person to locate and construct or alter the same in accordance with applicable requirements, the sum of $10.
E. 
For the issuance of a certificate of compliance as to installation of a new individual sewage disposal system, the sum of $25.
F. 
For the issuance of a certificate of compliance as to the alteration of an existing individual sewage disposal system, the sum of $10.
G. 
For the issuance of a license to engage in the business of constructing or altering individual sewage disposal systems, the sum of $25.
H. 
For the issuance of a certificate of water analysis, the sum of $25.
I. 
For the witnessing of a percolation test and determination of soil characteristics, the sum of $10.

§ 434-18 Inspections and tests.

A. 
No part of an individual sewage disposal system or a water supply system exposed to view upon completion of installation shall in any manner be filled in around or covered from view until it has been inspected by the Board of Health or its duly authorized representative and a certificate of compliance as to installation has been issued with respect to such system.
B. 
The Board of Health may test in any appropriate manner any materials, construction, products or units comprising any part of any individual sewage disposal system or any water supply system in order to determine compliance with applicable requirements with state laws and standards and the provisions of this chapter.

§ 434-19 Stop-work order.

The Board of Health may order further work in and about any individual sewage disposal system or water supply system, which is being erected or installed in violation of the Realty Improvement Sewerage and Facilities Act (1954)[1] or any provision of this chapter, to be stopped forthwith, except such work as shall be necessary to remedy such violation of any of the provisions of the regulations, 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 water supply system, or any part thereof, no further work shall be done thereon except as aforesaid.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.

§ 434-20 Right of appeal.

Any person aggrieved by a denial of any certificate, license or permit required by this chapter or by any order of the Board of Health shall be entitled to a hearing thereon before the Board of Health within 15 days after written request therefor is made by the person claiming to be adversely affected. Upon such a hearing or within 15 days thereafter, the Board shall affirm, alter or rescind the previous action with written findings and conclusions.

§ 434-21 Violations and penalties. [1]

A. 
Any person who shall violate any provision of the Realty Improvement Sewerage and Facilities Act (1954),[2] any provision of Standards for the Construction of Sewerage Facilities for Realty Improvements as promulgated by the State Commissioner of Health on December 7, 1954, as modified herein, any provision of Standards for the Construction of Water Supply Systems for Realty Improvements as promulgated by the State Commissioner of Health on December 13, 1956, as modified herein, or any order of the Board of Health issued pursuant thereto shall be subject to a fine of not less than $5 and not exceeding $500 for each offense and an additional penalty of $25 for each day a particular violation continues after notice of the violation shall have been given to such person by the Board of Health.
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
B. 
Any person who shall violate any other provision of this chapter shall be subject to a penalty of not less than $2 nor more than $500 for each offense, and each and every day that a violation continues shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 393, General Provisions, Board of Health, Art. I.