[HISTORY: Adopted by the Board of Health
of the Township of Hanover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-10-1954]
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.
[Amended 10-14-1988 by Ord. No. BH1-88]
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.
[Amended 10-14-1988 by Ord. No. BH1-88]
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:
A.
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."
B.
The proposed sewage disposal system was designed by
him and complies in every particular with said state code.
C.
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]
A.
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.
B.
The bond shall be in the principal amount of the estimated
cost of constructing the system and shall be conditioned:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
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.[1]
[1]
Editor's Note: Original Section 6, as amended
6-10-1954 by Ord. No. BH2-56, which immediately followed this section
and dealt with the business of emptying or cleaning cesspools, was
deleted 10-14-1988 by Ord. No. BH1-88.
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:
A.
For the filing of an application and plans for a permit
to locate and construct an individual sewage disposal system.
B.
For the filing of an application and plans for a permit
to alter an existing individual sewage disposal system.
C.
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).
D.
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.[1]
[1]
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 10-14-1988
by Ord. No. BH1-88.
[Added 9-9-1954]
A.
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]
B.
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.
C.
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.
D.
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.
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.[1]
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.
A.
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.
B.
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.
C.
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; 10-14-1988 by Ord. No. BH1-88]
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.
