[Adopted 12-10-2015 by Board of Health Ord. No. 02-2015[1]]
The regulations promulgated by the New Jersey State Department
of Environmental Protection on June 1, 1989, pursuant to the Realty
Improvement Sewerage and Facilities Act (1954)[1] and known as "Standards for Individual Subsurface Sewage
Disposal Systems," N.J.A.C. 7:9A, effective January 1, 1990, and last
amended April 2, 2012, and as may be further amended, are hereby adopted
by reference in accordance with N.J.S.A. 26:3-69 to 26:3-69.6.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
The Board of Health or its designee shall not approve the installation
or construction of a new subsurface sewage disposal system or alteration
or expansion of an existing subsurface sewage disposal system unless
such system complies with certain higher standards prescribed herein
in accordance with N.J.A.C. 7:9A-3.1(b).
The Board of Health may approve waivers from higher standards
established by the Board when conditions indicate that such waivers
are desirable or necessary. The design engineer should consult with
the Board of Health or its duly authorized agent regarding specific
problems requiring possible waivers from the standards. Any waiver
from established standards must be approved by the Board of Health.
The following words and terms when used in this article shall
have the following meanings and where applicable shall have the same
definitions as stated in N.J.A.C. 7:9A-2.1, as adopted by this article,
and as may be further supplemented by this article:
The definition of "advanced wastewater pretreatment device"
shall be the same as in N.J.A.C. 7:9A-2.1 and as further supplemented
as follows: means any component or system, which is a part of an individual
subsurface sewage disposal system that is employed to reduce levels
of pollution or convey pollutants to the subsurface environment that
is not addressed or is not designated for administrative authority
approval in N.J.A.C. 7:9A.
The definition of "alteration" shall be the same as in N.J.A.C.
7:9A-2.1 and as further supplemented as follows: the replacement of
a cesspool is an alteration.
An individual who has completed all training requirements
of a manufacturer of a product that is listed by the New Jersey Department
of Environmental Protection in accordance with N.J.A.C. 7:9A-8.3 or
7:9A-9.8 and/or a listed system integrator of a drip dispersal system
designed and installed in accordance with N.J.A.C. 7:9A-10.8, and
who installs those advanced wastewater pretreatment devices, products
used in lieu of laterals/filter material and/or drip dispersal systems,
as applicable.
An individual who maintains an advanced wastewater pretreatment
device and/or drip dispersal system in accordance with N.J.A.C. 7:9A-12.3,
who monitors the system remotely and who responds appropriately to
alarm conditions. This individual must either hold an S2 or greater
license pursuant to N.J.A.C. 7:10A; or have completed all training
required by a manufacturer of an advanced wastewater pretreatment
device that is listed by the Department in accordance with N.J.A.C.
7:9A-8.3; and/or be a listed system integrator of a drip dispersal
system in accordance with N.J.A.C. 7:9A-10.8.
As defined in N.J.A.C. 7:9A-2.1, means any room within a
dwelling unit, finished or unfinished, which may reasonably be expected
to serve primarily as a bedroom or dormitory. The term "bedroom" shall
be considered to include any room or rooms within an expansion attic.
The Board of Health of the Township of Harding.
A certificate issued by the administrative authority certifying
that an individual sewage disposal system has been installed, altered
or repaired in such manner as to comply with the requirements of the
Standards for Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A),
the higher standards prescribed by this article and all terms and
conditions of approval imposed by the administrative authority with
respect to such system.
To build, install, fabricate or put together on site one
or more components of an individual subsurface sewage disposal system.
An educational program prepared and administered by the Board
of Health regarding the fundamentals of individual subsurface sewage
disposal systems and the proper procedures for the maintenance of
such systems. The educational program shall be deemed to be in accordance
with N.J.A.C. 7:9A-3.14.
As defined in N.J.A.C. 7:9A-2.1, part of a dwelling unit
left unfinished but which is capable of being finished as a bedroom
or bedrooms and which is accessible by permanent stairways or designed
so that stairways can be installed.
An individual subsurface sewage disposal system, as defined
in N.J.A.C. 7:9A-2.1, that discharges liquid effluent of typical domestic
strength to a disposal field.
Any person, firm or corporation which has been found qualified
to pump out an individual subsurface sewage disposal system, and who
has been issued a license by the state of New Jersey Department of
Environmental Protection.
The person who owns or leases the realty upon which an individual
subsurface sewage disposal system is located and/or the person who
uses said system. The owner or the lessee of the system, if different,
are jointly and severally liable for the obligations imposed by this
article.
A permit issued by the Board of Health or its designee granting
permission to construct, install, alter or repair an individual subsurface
sewage disposal system in accordance with an application on file with
the administrative authority and in compliance with the provisions
of the Standards for Subsurface Sewage Disposal Systems (N.J.A.C.
7:9A) and the higher standards prescribed by this article.
A sketch drawn by the owner/lessee, or agent on his/her behalf,
showing the type (if known) and location of the individual subsurface
sewage disposal system servicing the property, as well as the location
and type of any on-site water supply. All plots shall be drawn to
scale and list the dimensions used.
As defined in Uniform Construction Code N.J.A.C. 5:23, any
project where the extent and nature of the construction is such that
the work area cannot be occupied while construction is in progress
and where a new certificate of occupancy is required before the work
area can be reoccupied. Reconstruction may include repair, renovation,
alteration or any combination thereof. Reconstruction shall not include
projects comprised only of floor finish replacement, painting or wallpapering,
or the replacement of equipment or furnishings. Asbestos hazard abatement
shall not be classified as reconstruction solely because occupancy
of the work area is not permitted.
The definition of "repair" shall be the same as in N.J.A.C.
7:9A-2.1 and as further supplemented as follows: the replacement of
a cesspool is not a repair.
An operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption:
Such as a restaurant, satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer
or to a conveyance used to transport people; market; vending location;
conveyance used to transport people; institution; or food bank; and
That relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as home delivery of
grocery orders or restaurant takeout orders, or delivery service that
is provided by common carriers.
A legal, written agreement between a property owner and an
authorized service provider to perform all system startup, maintenance
and monitoring requirements identified in N.J.A.C. 7:9A-2.1 for any
system that includes an advanced wastewater pretreatment device, which
includes all drip dispersal systems. The agreement must be fully transferable
to subsequent owners of the property and renewable.
An individual subsurface sewage disposal system, including
all of the component parts thereof.
A.
The owner and/or occupant of any realty improvement serviced by an
individual on-site subsurface sewage disposal system located in the
Township of Harding shall be subject to all of the requirements of
this article.
B.
No person shall construct, install, alter or repair an individual
subsurface sewage disposal system without first obtaining a permit
from the Board of Health or its designee.
C.
Permit shall be valid for a period of one year. In the event that
the system has not been completed and a certificate of compliance
has not been issued, the applicant may apply for an extension of time
not to exceed one year. The Board of Health, in granting such extension,
may impose additional conditions on the permit as may be appropriate
taking into consideration newly adopted standards and practices. No
more than two one-year extensions may be granted. A permit extension
fee of $225 for the first extension and $350 for the second extension
will apply.
D.
All construction for sewage disposal systems shall be completed within
20 days from the commencement of the installation of the sewage disposal
system.
(1)
A request for an extension of the above twenty-day period must be
in writing to the Board of Health or its designee. Construction shall
be deemed to have commenced when the excavation for the disposal area,
septic tank or other components begins. Construction will be complete
when the final grading of the disturbed areas is complete. The house
connection need not be constructed for the work to be deemed complete.
(2)
If the owner/applicant fails to complete installation of the sewage
disposal system within 20 days and no extension has been requested,
the Board of Health or its designee shall make daily inspections of
the system until it is complete.
E.
No person within the Township of Harding area shall use an individual subsurface sewage disposal system unless such construction, installation, alteration and maintenance are in accordance with all applicable sanitary regulations and this article. After January 1, 2050, a person within the Township of Harding shall not use an individual subsurface sewage disposal system on a parcel that is identified in the Harding Township Wastewater Management Plan as being in the Sewer Service District. Such systems shall be abandoned in accordance with § 422-15E and the dwellings and/or accessory facilities shall be connected to the Morris Township sanitary sewer in accordance with the provisions of § 422-15.
F.
Any system not in active use shall be exempted from this article.
The Board of Health may require an owner or lessee of a system seeking
exemption under this section to submit proof in a form acceptable
to the Board so as to qualify for this exemption.
A.
All plans shall comply with the Checklist for Individual Subsurface
Sewage Disposal System Application approved by resolution by the Board
of Health and as may be amended from time to time.
B.
The Board of Health or its designee may impose reasonable conditions
on its approval of an application and may require that the applicant
prepare and record a deed, subject to the approval of the Board of
Health or its attorney, setting forth the conditions as a restrictive
covenant running with the land enforceable by the Board of Health
or its designee.
A.
The design engineer shall sample and test, or cause to be tested,
natural on-site soil, suitable fill and other material of the subsurface
sewage disposal system as may be necessary to obtain information for
design and for determination of compliance with standards and with
the provisions of an approved design.
B.
When the Board of Health or its designee has recorded observation
information which differs from the site evaluation information provided
by the applicant's engineer or the information provided is incomplete,
the Board of Health or its designee may require further testing and/or
evaluation of the site.
C.
When the Board of Health's recorded observation information
which differs from the soil suitability information provided by the
applicant's engineer or soil test reports are not representative
of the general soil condition in which the disposal system is proposed
to be installed, the Board of Health or its designee may require further
testing and/or evaluation of the site.
D.
The design engineer shall provide replicate samples, removal of which
shall be witnessed by the Board of Health or its designee, for tube
permeameter testing and for sieve analysis and hydrometer testing,
when requested by the Board of Health or its designee. Such samples
shall be tested at the discretion of the Board or its designee, and
the cost of all testing shall be the responsibility of the applicant.
E.
The Board of Health or its designee may sample and test soils and
materials used for the construction of a disposal system when the
test data is not consistent with observations and evaluations made
by the Board of Health or its designee. The cost of all testing shall
be the responsibility of the applicant.
All records and reports of soil suitability shall be filed with
the Board of Health in a timely manner. Such reports shall include
a map of the site accurately showing the location of all soil profile
pits, soil borings, monitor well and all permeability tests.
The following minimum distances (in feet) shall be maintained
between system components and between system components and other
structures or points:
|
Component Part
|
Minimum Distance From ASTM C-1227 NOT-approved tanks
(feet)
|
Minimum Distances From ASTM C-1227 approved tanks
(feet)
|
Minimum Distance From Disposal Areas
(feet)
|
|---|---|---|---|
|
Building
|
251
|
10
|
252
|
|
Property line
|
10
|
5
|
25
|
|
In-ground swimming pool
|
25
|
10
|
20
|
|
Watercourse
|
100
|
25
|
100
|
|
Driveway
|
103
|
103
|
104
|
|
Well
|
1005
|
50
|
1005
|
|
Footings for unoccupied buildings (outbuildings, decks, etc.)
|
106
|
106
|
106
|
|
NOTES:
| |
|---|---|
|
1
|
Except where the building is on a slab at an elevation higher
than the invert of the septic tank outlet pipe, in which case minimum
distance will be 10 feet.
|
|
2
|
May be reduced to 15 feet from disposal field and 30 feet from
seepage pit for portions of the building constructed either on a slab
foundation or over a continuous dust cap which is at or above natural
or finished grade, whichever is higher only.
|
|
3
|
Unless a permanent barrier is installed between the driveway
and the area over the tank or unless the septic tank and its cover
are designed to support a wheel load from the heaviest vehicle that
could be expected to travel over it.
|
|
4
|
Unless a permanent barrier is installed between the driveway
and the area over the disposal field.
|
|
5
|
May be reduced by one foot for each additional foot of well
casing greater than 50 feet.
|
|
6
|
May be reduced to five feet with permission of administrative
authority.
|
A.
An area equivalent to 100% of the disposal areas shall be reserved
for future expansion or replacement of the disposal system. The site
shall comply with Subchapter 4 of N.J.A.C. 7:9A and all requirements
of this Code. The soil shall be suitable for an individual subsurface
sewage disposal system in compliance with Subchapters 5 and 6 of N.J.A.C.
7:9A.
B.
The reserve expansion/replacement disposal area shall be shown on
the plan of the disposal system and shall be marked "area reserved
for expansion/replacement of disposal system."
C.
No structures shall be located in a manner which would interfere
with the construction of a disposal system within the reserve area.
A.
The liquid capacity of all septic tanks for new residential installations
and residential alterations shall be not less than 100% greater than
the minimum capacity required by N.J.A.C. 7:9A-8.2, and the tanks
shall be dual compartment tanks. Alternatively, multiple compartments
may be provided by connecting individual septic tanks in series.
B.
The septic tank(s) installation shall be such that the high seasonal
water table shall be no higher than one foot below the outlet or any
joints of the septic tank.
C.
Septic tank installations shall be designed to prevent flotation
of the tank when empty.
D.
All tanks, including risers and inspection ports to the highest joint,
shall be tested for water tightness after installation using hydrostatic
or vacuum test as required by N.J.A.C. 7:9A-8.2.
A.
Each dosing tank shall have an alarm system that shall be on a separate
dedicated circuit and shall have a manual reset. The location of the
alarm and controls shall be approved by the administrative authority.
B.
A separate electrical circuit shall be supplied for each pump.
C.
Dosing tanks shall be readily accessible for maintenance and inspection.
D.
Float switches shall be mounted on a noncorrosive support independent
of the pump, the internal pumping or the steps. Switches shall be
located where there is a minimum of turbulence and shall be mounted
so that they do not become entangled with equipment, steps or electrical
wires.
E.
The inlet shall be connected to a tee which shall be oriented vertically.
The tee shall be securely fastened to the inlet pipe. A pipe equal
to the diameter of the inlet pipe shall extend downward vertically
to an elevation not greater than four inches above the elevation of
the normal high water level (pump on) in the pump pit.
F.
All piping shall be Schedule 40 PVC.
The delivery pipe from the dosing tank to the disposal bed shall
be tested for leakage at a pressure of 1 1/2 times the design
pressure head. There shall be no measurable pressure loss for a period
of 30 minutes. Appropriate safety measures shall be observed during
the testing period.
Pressure dosing networks shall be tested in the following manner:
A.
The network shall be thoroughly flushed prior to the installation
of the end caps.
B.
The end caps shall be installed with a one-eight-inch hole drilled
vertically in the top.
C.
After all end caps have been installed with a one-eighth-inch hole
in the top, the distribution network shall be tested by pumping water
through it at the design pressure rate of flow.
D.
The height of the water stream discharging from each one-eighth-inch
hole in the end cap shall be measured.
E.
No water stream shall have a height that differs from the average
height by more than 20%.
F.
After the test has been completed, the end caps shall be removed.
New end caps shall be installed with a one-eighth-inch hole drilled
horizontally near the crown of the pipe.
When sanitary sewage ejector pumps are installed or proposed,
they shall require:
A.
Inspection by Board of Health or its designee.
(1)
All stages as set forth in the Checklist for Individual Sewage Disposal
System Application of the construction of an individual sewage disposal
system shall be inspected by the Board of Health or its designee to
determine compliance with the terms of the permit issued thereof.
The Board of Health or its designee shall be notified at least two
working days prior to the commencement of the construction of any
such system.
(2)
No component of a subsurface sewage disposal system shall be backfilled
or otherwise covered from view until it has been inspected by the
Board of Health or its designee and approved for backfilling or covering.
B.
Inspection by licensed engineer:
(1)
The construction of the sewage disposal system shall be inspected
by the applicant's licensed engineer. Such inspection shall satisfy
the requirements shown on the Checklist for Individual Subsurface
Sewage Disposal System Application.
(2)
The applicant's engineer or engineer's authorized agent
shall make observations or measurements as may be necessary to prepare
an accurate as-built plan of the disposal system.
Certificate of compliance shall be issued after the following
are furnished to the Board of Health or its designee:
A.
An as-built plan of the system prepared by licensed professional
engineer or surveyor within 30 days of the date of satisfactory final
grade inspection. The as-built plan shall show the exact location
of all tanks, building sewers, siphons, pumps, cleanouts, distribution
box, manifold, primary and reserve disposal field, dry wells, curtain
drains and wells in relation to the foundation of the building served
by the system. As-built plans shall be required for all alterations
made to existing individual sewage disposal system.
B.
A certification in writing signed and sealed by licensed professional
engineer that the said system has been located, constructed, installed
or altered in compliance with all applicable state and local requirements
and the approved engineering plans.
C.
Copy of the suitable fill laboratory test report.
The Board of Health or its designee may order all further work
in and about any individual sewage disposal system which is being
installed in violation of N.J.A.C. 7:9A, Standards for Individual
Subsurface Sewage Disposal Systems, or any provision of this article
to be stopped forthwith. Such stop-work order shall remain in effect
until such time as a remedy to correct such deficiency has been approved
by the Board of Health or its designee. Remedial action to correct
the deficiency shall be complete prior to the start or resumption
of any other construction.
Persons applying for a letter of approval from the Board of
Health or its designee to the Planning Board shall submit an application
and plans showing the following information:
A.
All freshwater wetlands and freshwater wetland transition areas shall
be accurately delineated by the design engineer and supported by a
letter of interpretation from the New Jersey Department of Environmental
Protection.
B.
All soil series and the boundaries between adjacent soil series shall
be accurately shown on a map of the subdivision based on the County
Soil Survey Map. Modifications shall be made as determined to be appropriate
based on information obtained by the mapping of wetlands or by information
obtained by test pit observations for the evaluation of sites for
sewage disposal systems.
C.
A feasible location to construct a disposal system to serve a four-bedroom
dwelling shall be shown for each proposed lot on the subdivision plan.
A similar location shall be shown for a reserve disposal system area.
These locations shall comply with N.J.A.C. 7:9A, Subchapter 4, Site
Evaluation and System Location.
D.
Soil suitability and soil permeability shall be determined in compliance
with Subchapters 5 and 6 of N.J.A.C. 7:9A.
E.
The applicant shall submit a complete report of all site and soil
evaluation work on standard forms prescribed by the Board of Health
or its designee. The location of all tests shall be accurately shown
on the map of the proposed subdivision.
F.
Following the review of all site and test information, the Board
of Health or its designee shall advise the Planning Board that based
on a review of information submitted by the applicant it appears that:
(1)
All lots proposed to be created by the subdivision are suitable for
the construction of a subsurface sewage disposal system in accordance
with both state and local regulations; or
(2)
One or more of the lots proposed to be created by subdivision do
not appear to be suitable for a subsurface sewage disposal system
in compliance with both state and local regulations. The lots that
do not appear to comply shall be identified.
A.
The administrative authority shall notify each property owner issued
approval for the design, construction, installation, alteration or
repair of an individual subsurface sewage disposal system after January
1, 1990, of the proper operation and maintenance practices.
B.
Written notification of the proper operation and maintenance practices
shall initially be issued to the applicant with the approval for the
location, design, construction, installation, alteration or repair
of the individual subsurface sewage disposal system and reissued on
a triennial basis to the present property owner. For approvals issued
before June 21, 1993, the notification shall be accomplished by December
21, 1993, and reissued on a triennial basis, thereafter.
C.
The written notification shall inform the present property owner
how to properly operate and maintain an individual subsurface sewage
disposal system. A mass mailing to all property owners who have individual
subsurface sewage disposal systems is an acceptable method of notice.
The notice shall include, at a minimum:
(1)
A general outline of how an individual subsurface sewage disposal
system works and the potential impact of improper operation and maintenance
on system performance, ground and surface water quality, and public
health;
(2)
The recommended frequency of septic tank and grease trap pumping
to prevent overaccumulation of solids, and methodology for inspection
to determine whether pumping is necessary;
(3)
A list of materials containing toxic substances which are prohibited
from being disposed of into an individual subsurface sewage disposal
system;
(4)
A list of inert or nonbiodegradable substances which should not be
disposed of within an individual subsurface sewage disposal system;
(5)
Proper practices for maintaining the area reserved for sewage disposal;
(6)
Impacts upon system performance resulting from excessive water use;
and
(7)
Warning signs of poor system performance or malfunction and recommended
or required corrective measures.
D.
The written notification may be developed by the administrative authority,
or the administrative authority may distribute copies of relevant
guidance material and/or technical manuals for on-site wastewater
treatment systems subject to N.J.A.C. 7:9A-3.14.
A.
General.
(1)
The subsurface sewage disposal system shall be used only for the
disposal of wastes of the type and origin provided for in the approved
engineering design. No permanent or temporary connection shall be
made to any source of wastes, wastewater or clean water other than
those plumbing fixtures which are normally present within the type
of facility indicated in the approved engineering design.
(2)
Drainage from basement floors, footings or roofs shall not enter
the sewage disposal system and shall be diverted away from the area
of the disposal field.
(3)
As set forth in N.J.S.A. 58:10A-17, no person shall use or introduce
or cause any other person to use or introduce into any sewage water
disposal system any sewage system cleaner containing any restricted
chemical material.
(4)
Disposal of materials containing toxic substances into a subsurface
sewage disposal system is prohibited. Materials containing toxic substances
include, but are not limited to, waste oil (other than cooking oil),
oil-based or acrylic paints, varnishes, photographic solutions, pesticides,
insecticides, paint thinners, organic solvents or degreasers and drain
openers.
(5)
Inert or nonbiodegradable substances should not be disposed of in
the subsurface sewage disposal system. Such substances include, but
are not limited to, disposable diapers containing plastic, cat box
litter, coffee grounds, cigarette filters, sanitary napkins, facial
tissues and wet-strength paper towels.
(6)
Large quantities of cooking greases or fats shall not be discharged
into systems not equipped with a grease trap designed and constructed
as prescribed in N.J.A.C. 7:9A-8.1.
(7)
Major plumbing leaks shall be repaired promptly to prevent hydraulic
overloading of the system.
(8)
Vehicle traffic and vehicular parking shall be kept away from the
aspects of the system, unless the system has been specifically designed
to support vehicular traffic.
(9)
Discharge of pool/spa water into an individual subsurface sewage
disposal system is prohibited.
(10)
Installation of garbage disposals/grinders is prohibited.
B.
Disposal field maintenance.
(1)
The area of the disposal field shall be kept free of encroachments
from decks, pools, sprinkler systems, driveways, patios, accessory
buildings, additions to the main building and trees or shrubbery whose
roots may cause clogging of any part of the system.
(2)
Grading shall be maintained in a condition that will promote runoff
of rainwater and prevent ponding.
(3)
All drainage from roofs, footing drains, ditches or swales shall
be diverted away from the disposal field.
(4)
Vegetation shall be maintained to prevent soil erosion. Trees and
other woody vegetation shall not be allowed on or near disposal fields.
(5)
Vehicle traffic and vehicular parking shall be kept away from the
area of the disposal field, unless the disposal field has been specifically
designed to support vehicular traffic.
C.
Abandoned systems.
(1)
When it is necessary to abandon a system or components of a system,
all septic tanks, dosing tanks, seepage pits, dry wells and cesspools
which are to be abandoned shall be emptied of wastes and removed or
filled completely with sand, gravel, stones or soil material in a
manner which is acceptable to the Board of Health or its designee.
(2)
Except when done as part of or in conjunction with an alteration,
a permit must be obtained from the Board of Health prior to abandoning
a septic system or component of a septic system.
D.
Additional inspection and maintenance requirements for systems with
grease traps.
(1)
Grease traps shall be inspected and cleaned out at a frequency adequate
to prevent the volume of grease from exceeding the grease retention
capacity. Grease shall be removed whenever 75% of the grease retention
capacity has been reached.
(2)
Pumping of grease traps shall be performed by a solid waste hauler
registered with the NJDEP in accordance with the requirements of N.J.A.C.
7:26-3.1.
(3)
Equipment used in the pumping of grease traps shall meet the following
requirements:
(a)
Mobile tanks shall be securely mounted on trucks or trailers,
shall be watertight and provided with a leakproof cover and shall
be vented to permit the escape of gases but not the liquid or solid
contents of the tank.
(b)
Pumps and hoses shall be maintained and operated in a condition
that will prevent the leakage of sewage.
(c)
Equipment shall be available to permit accurate measurement
of the volume of grease in relation to the grease retention capacity
of the grease trap.
(d)
Pumping of grease traps shall be conducted in such a manner
that the entire contents of the grease trap including both liquids
and solids are removed.
(e)
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a method acceptable
to the Board of Health or its designee.
(f)
Grease and other waste materials removed from grease traps shall
be disposed of in accordance with the requirements of the Statewide
Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq.
and 58:11A-1 et seq., and any other applicable state or local rules,
regulations, ordinances or directives.
A.
Prior to emptying, relieving or pumping out all or a portion of any
individual subsurface sewage disposal system within the Township of
Harding, the licensed septic sludge removal operator shall obtain
a septic sludge removal permit from the Board of Health or its designee.
B.
The septic sludge removal operator shall complete all information
on the septic sludge removal permit and deliver one copy to the property
owner and one copy to the Board of Health or its designee within 72
hours of the time that the individual sewage disposal system is pumped.
Failure to deliver said report within the required time frame shall
be considered to be a violation of this article.
C.
In addition to the license required under Subsection A above, the pumping of septic tanks shall be performed by a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26-3c.
D.
Equipment used in the pumping of septic tanks shall meet the following
requirements:
(1)
Mobile tanks shall be securely mounted on trucks or trailers, shall
be watertight and provided with a leakproof cover and shall be vented
to permit the escape of gases but not the liquid or solid contents
of the tank.
(2)
Pumps and hoses shall be maintained and operated in a condition that
will prevent the leakage of sewage.
(3)
Equipment shall be available to permit the accurate measurement of
the sludge and scum levels in relation to the bottom of the outlet
baffle.
E.
Pumping of septic tanks shall be conducted in such a manner that
the entire contents of the septic tank including both liquids and
solids are removed.
F.
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a method acceptable
to the Board of Health or its designee.
G.
Septage shall be disposed of at a sewage treatment plant designated
in accordance with district and/or state solid waste management plans
pursuant to the Statewide Sludge Management Plan adopted pursuant
to N.J.S.A. 13:1E-1 et seq. and 58:1A-1 et seq.
A.
Nuisances to be corrected.
(1)
Any on-site sewage disposal system or component thereof that is found
to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 and 7:9A-3.4)
shall constitute a nuisance and shall be repaired, modified or replaced
pursuant to an order of the Board of Health or its designee to correct
the condition caused by the malfunction. Alterations shall be performed
in accordance with Standards for the Construction of Individual Subsurface
Sewage Disposal Systems as adopted and implemented by the Board of
Health by virtue of this Code and any amendments thereto.
(2)
Any individual subsurface sewage disposal system which has not been
maintained in accordance with N.J.A.C. 7:9A-12.3, Septic Tank Maintenance,
is hereby declared a nuisance.
(3)
Any individual subsurface sewage disposal system which is constructed,
installed, altered, repaired, operated or maintained in violation
of this section, the NJDEP regulations, any rule or regulation promulgated
pursuant to this article or any permit or certificate issued pursuant
to this article is hereby declared to be a nuisance.
(4)
In addition to the powers provided for in N.J.A.C. 7:9A-1.1 et seq.,
the Board of Health or its designee retains its authority to abate
any nuisance in accordance with the provisions of N.J.S.A. 26:3-45
et seq.
B.
Malfunctioning subsurface sewage disposal system.
(1)
The Board of Health or its designee shall have the right to inspect
any system which shows evidence of any malfunction. Such evidence
may include, but not be limited to, foul odors, leakage to ground
surface, or soggy ground over system. Water and/or soil samples may
be taken to confirm the existence of a malfunctioning system.
(2)
The Board of Health or its designee may required that any malfunctioning
system be corrected by servicing or by replacement or alteration of
the system.
(3)
Until any necessary replacement or alteration of a system has been
accomplished, the Board of Health or its designee may require pumping
and the removal of the entire contents of the septic tank for the
system (both liquids and solids) at intervals specified by the Board
or its designee.
C.
Right of entry. In furtherance of the rights granted to the Board
of Health in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9A-3.19, the
Board of Health or its designee, upon presentation of identification,
shall have the right to enter upon property where an individual subsurface
sewage disposal system is located for the purpose of observation,
inspection, monitoring and/or sampling of the on-site sewage disposal
system. This authority is exercised by virtue of N.J.S.A. 26:3-31
as a necessary and reasonable method of furthering the duties of the
Board of Health as enumerated therein.
A.
Any person aggrieved by a denial of any permit or certification required
by this article or by any order of the Board of Health or its designee
with respect to an individual sewage disposal system 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 hearing or within 15 days thereafter, the Board
of Health shall affirm, alter or rescind the previous action with
written findings and conclusions.
B.
The fee for appeals or special meeting of the Board of Health of
the Township held at the request of an applicant or other interested
party is hereby fixed and established at $500. Such fee shall be paid
prior to the holding of such special meeting by the person or firm
whose request has been granted and shall be in addition to any and
all other fees or charges applicable to such proceedings.
A.
A person who violates any provision of this article, or any term
or condition of any certificate or license issued hereunder, shall
be liable for one or more of the following penalties [N.J.S.A. 40:69A-29(b)]:
B.
Each separate day and each violation of any provision or this article,
any term or condition of any permit or certificate or any notice or
order issued by the Board of Health shall constitute a separate and
distinct violation under this article.
C.
Nothing in this section shall be construed as limiting the remedies
of the Board of Health or its designee for violation of this article.
The Board of Health or its designee may proceed under any other remedy
available at law or in equity for any violation of this article or
any term or condition of any permit or certificate issued by the Board
or Health or its designee or for any failure to comply with any notice
or order issued by the Board of Health or its designee or its enforcement
official under this article.
