[HISTORY: Adopted by the Board of Health of the Township of Hanover: Art. I, 6-10-1954; Art. II, 6-13-1960 by Ord. No. BHI-60. Sections 323-2, 323-3, 323-12D, 323-13 and 323-19 amended at time of adoption of Code; see Ch. 281, General Provisions, Board of Health, Art. I. Other amendments noted where applicable.]
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems, regulating the issuance of permits to locate, construct, empty or clean said systems and fixing penalties for the violation thereof is hereby adopted pursuant to P.L. 1950. c. 188 (N.J.S.A. 26:36-9.1 to 69.6). A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Said code established and adopted by this article is described and commonly known as Standards for the Construction of Individual Sewerage Disposal Systems (1978), referenced as N.J.A.C. 7:9-2.1 et seq., as amended and supplemented from time to time.
Three copies of the Standards for the Construction of Individual Sewage Disposal Systems (1978) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this article and will remain on file in said office for the use and examination of the public.
[Amended 5-13-1957 by Ord. No. BH6-57]
No person, firm or corporation shall locate, construct, alter, repair, reconstruct or excavate in any way any sewage disposal system, or part thereof, in the Township of Hanover without first securing a permit therefor from the Board of Health of the Township of Hanover.
[Amended 5-13-1957 by Ord. No BH6-57]
Before a permit shall be issued for the location, construction, alteration, repair, reconstruction or excavation of a sewage disposal system in the Township of Hanover, an application therefor shall be filed with the Board of Health, together with the certificate of a professional engineer licensed by the State of New Jersey, stating that:
He has made one or more percolation tests as prescribed by Section 9 of the Standards for the Construction of Individual Sewage Disposal Systems (1978), hereinafter referred to as the "state code."
The proposed sewage disposal system was designed by him and complies in every particular with said state code.
The proposed system will be adequate to treat the estimated flow of sanitary sewage to be discharged from the premises to be served.
[Added 5-13-1957 by Ord. No. BH6-57]
In addition to all other data required to be submitted herein and by the State Code, the engineer shall submit to the Board of Health, at the time application is made for the permit, samples of each strata or layer of soil encountered in making the percolation test, indicating the thickness of each layer or strata of soil from which the sample was taken.
[Added 5-13-1957 by Ord. No. BH6-57]
If, after examining the results of the percolation test and the soil samples submitted therewith and after considering the drainage, water table and other related data required by this article and the state code, the Board of Health shall determine that a doubt exists as to whether or not the proposed disposal system, or any requested enlargement thereof, will function properly or will adequately treat the estimated volume of sewage to be discharged from the premises to be served and that the applicant, except for such doubt, would otherwise be entitled to a permit, the Board may require as a condition to the issuance of the permit that a cash or corporate surety bond be posted guaranteeing the proper functioning and adequacy of the system for such period, not exceeding two years, as the Board may determine.
The bond shall be in the principal amount of the estimated cost of constructing the system and shall be conditioned:
Upon the installation of the system in a good and workmanlike manner and in full compliance with all the requirements of this article and the state code.
Upon the effective removal and abatement, within the time specified in any abatement notice from the Board, of any nuisance arising out of the failure of the disposal system to function properly or to treat adequately the sewage discharged from the premises.
Upon effectively remedying the inadequacy of the disposal system by constructing an entirely new system or by altering or repairing the existing system, as the Board may deem advisable.
Upon indemnification to the Board of Health, the owner of the premises for which the work is done and the Township of Hanover for loss, damage or injury to them or any of them and for any expense incurred to effect the connection or replacement of the disposal system.
Said bond shall only be required for the construction of sewage disposal systems on premises on which there is no sewage disposal system at the time that an application is made for a permit.
New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such system for sewage disposal, until the Board of Health shall have issued a certificate indicating that said disposal system has been located and constructed in compliance with the aforesaid code. Issuance of such certificate shall not be required for the alteration of an existing individual sewage disposal system.
In case any permit or certification required by this article is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after request therefor is made by the applicant, and, upon such hearing, the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
The Board of Health may order all further work in and about any individual sewage disposal system which is being erected or installed in violation of the code to be stopped forthwith, except such work as shall be necessary to remedy such violation, and, thereafter, the work continued without any violation of any of the provisions of the code, and, after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system, or any part thereof, no further work shall be done thereon except as aforesaid.
[Amended 3-11-1957 by Ord. No. BH3-57; 2-10-1993 by Ord. No. BH2-93]
The following fees and charges shall be as provided in Chapter 284, Fees, of the Code of the Township of Hanover:
For the filing of an application and plans for a permit to locate and construct an individual sewage disposal system.
For the filing of an application and plans for a permit to alter an existing individual sewage disposal system.
For the issuance of a permit to locate and construct or alter an individual sewage disposal system (N.J.S.A. 26:3-31f and g).
For each reinspection of an individual sewage disposal system, or part thereof, caused by failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid code.
Editor's Note: Original Section 9, Subsection (e), as amended 3-11-1957 by Ord. No. BH3-57, which immediately followed this section and provided a fee for the issuance of a license for the business of emptying or cleaning septic tanks, was deleted at time of adoption of Code; see Ch. 281, General Provisions, Board of Health, Art. I.
No person, firm or corporation shall engage in the business of constructing, repairing, reconstructing or excavating in any way any individual sewage disposal systems or privies in the Township of Hanover without first obtaining a license therefor from the Secretary of the Board of Health of the Township of Hanover. The license fee for engaging in the business of constructing, repairing, reconstructing or excavating any individual sewage disposal system or privy shall be as provided in Chapter 284, Fees, of the Code of the Township of Hanover. Said license fee shall be for a continuous term of five years from the date of its issuance.
[Amended 2-10-1993 by Ord. No. BH2-93]
Before the Secretary of the Board of Health shall issue any such license as provided hereunder, the applicant shall give satisfactory evidence to the Board, by written or oral examination, that the applicant is capable and proficient and qualified to engage in such business so as not to endanger the health and safety of the community. The applicant shall be examined on the matters concerned in the septic tank code, as adopted by the Board of Health of the Township of Hanover on June 10, 1954, as amended.
Every person, firm or corporation who shall have satisfactorily passed his examination shall file a bond, duly approved by said Board of Health, in the penal sum of $500, conditioned upon the proper and faithful observance of this article and all other ordinances, rules and regulations of the Township of Hanover, and all amendments thereof and supplements thereto. No license issued hereunder shall be transferred for any reason whatsoever. The Board of Health, after a hearing granted to a holder of a license, upon five days' notice served at said holder's business or resident address, as appears on records of the Board, may suspend, revoke or cancel said license for any violation of any of the provisions of this article or any other ordinance, rule or regulation of said Board relating to sewage disposal matters. This Board may also revoke any license issued through error or obtained by fraud.
Any person, firm or corporation who shall engage in such business as noted hereunder in the Township of Hanover without first obtaining a license therefor shall be subject to a penalty of not less than $2 nor more than $500, in the discretion of the Judge imposing the same. Each and every day that such violation is continued shall be deemed a separate and distinct offense.
[Amended 10-14-1988 by Ord. No. BH1-88]
[Amended 10-14-1988 by Ord. No. BH1-88]
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this article or the Standards for the Construction of Individual Sewage Disposal Systems (1978), made a part hereof, shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $500 for each violation.
[Adopted 6-13-1960 by Ord. No. BH1-60]
As used in this article of the Code of the Township of Hanover in the County of Morris, New Jersey, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
- Any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or other use or occupancy by persons.
- CONNECTION DATE
- When used with respect to a building constructed prior to the date
of initial operation, as part of any sanitary sewage treatment and disposal
system in the Township owned or operated by the Hanover Sewerage Authority,
of a sewer available to serve said building, June 29, 1962, and, when used
with respect to a building constructed after the date of initial operation,
as a part of any sanitary sewage treatment and disposal system owned or operated
by the Township or said Authority, of a sewer available to serve said building,
the 60th day after the date of completion of construction, or the date of
initial occupancy of said building, whichever of said dates shall be earlier
in point of time.[Amended 6-11-1962 by Ord. No. BH1-62]
- Any sewer or main designed or used for the collection or disposal of sanitary sewage within the Township.
[Amended 6-11-1962 by Ord. No. BH1-62]
The owner of each property along the line of any sewer now or hereafter constructed in the Township shall connect each building on such property with a sewer not later than the connection date with respect to said building.
Every connection required by this article shall be made with pipe and in a manner conforming in all respects to the Plumbing Code adopted by ordinance of the Township of Hanover Board of Health on March 11, 1957. and any amendments or supplements thereto.
Upon receipt by this Board of notification from said Hanover Sewerage Authority or from the Township that any sewer is available to serve buildings on any properties in the Township, the Board of Health shall order each owner of property along the line of said sewer to connect each building on such property with said sewer in accordance with the terms of this article.
The Board of Health shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 323-17 of this article.
Such notice shall be addressed to the owner of said property as the name of said owner appears in the last tax duplicate of the Township of Hanover, shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Hanover and by the street address, if a street address exists, and shall state that, by order of the Board of Health, the owner is required to connect each building on said property with a sewer in accordance with the terms of this article on or before the connection date with respect to such building or, if such connection date shall have passed, within 30 days after service of such notice as hereinafter provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this article.
Said notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. Said notice may also be served within or without the limits of the Township of Hanover by mailing the same by registered mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Hanover.
[Amended 2-11-1963 by Ord. No. BHI-63
Any person, firm or corporation who or which shall not comply with any order issued in accordance with the provisions hereof within 30 days after notice by the proper officer of the Board of Health, as hereinabove provided, shall, upon complaint by said Board and upon conviction, forfeit and pay a fine of not less than $2 nor more than $500 and shall also forfeit $10 for each day of delay, after the expiration of said period of 30 days, in which the provisions of the order or notice are not complied with. Penalties under this article may be enforced in the Municipal Court of the Township of Hanover in the manner provided by law.