[HISTORY: Derived from Chapters BH-VII and BH-VI of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
The Realty Improvement and Sewerage and Facilities Act of New Jersey (N.J.S.A. 58:11-23 et seq.) is enforced in the Township by the Board of Health.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original Sections BH:7-2, Title, and BH:7-3, Public Record, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This article shall be construed in conjunction with and supplemental to the provisions of Article II herein.
The dumping, placement or disposal of raw sewage or any waste therefrom or chemical waste, including liquid waste or effluents therefrom, and products of or resulting from human excrement or offal in accordance with the definitions of sewage in the Statutes of New Jersey, N.J.S.A. 40:14B-3, upon any portion of any lands within the Township of Hardyston, without having first been treated in the manner as provided by the New Jersey State Department of Environmental Protection, is hereby prohibited.
[1]
Editor's Note: See Ch. 88, Fees, for applicable fees.
The Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A1.1 et seq.), as promulgated by the New Jersey Department of Environmental Protection, together with the amendments and supplements thereto, are enforced in the Township by the Board of Health.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original Sections BH:6-2, Title of Code, and BH:6-3, Public Record, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Permit required. No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of the sewage disposal system shall have been issued by the Board of Health.
B. 
Issuance of permit. The Board of Health may issue a permit if an application is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the individual sewage disposal system as proposed is in compliance with the code. Every permit shall expire one year from the date of issuance unless a certificate has been issued by the Board of Health pursuant to § 143-6A or B; however, the Board of Health may, upon application to it, and for good cause shown, extend the life of such certificate; provided further, however, that the granting of such extension of time shall not exempt the permittee from any more stringent regulations or requirements then in effect.
A. 
Certificate required. 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 a system for sewage disposal, until the Board of Health shall have issued a certificate indicating that the disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.
B. 
Issuance of certificate. Prior to issuing a certificate of compliance, an engineer licensed to practice professional engineering in New Jersey must submit a revised plan signed and sealed by him or her to the Board of Health that the disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the code herein established.
In the event that a license or 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 is made by the applicant, and upon the hearing, the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the hearings.
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 the violation and, thereafter, the work continued without any violation of any of the provisions of the code, and, after issuance of such order and service of a copy upon the person connected with or working in and about the erection or installations of the disposal system, or any part thereof, no further work shall be done except as aforesaid.
A. 
[1]Where a second disposal area is added to alter an existing system, the old disposal area shall be salvaged, if practical. This may be accomplished by the use of an approved effluent diversion device or by other methods acceptable to the Board of Health or its authorized agent.
[1]
Editor's Note: Former Subsection A, requiring that applications for permits to locate and construct sewage disposal systems provide for the location of two disposal areas, was repealed 11-20-2001 by Ord. No. 2001-11.
B. 
Disposal trenches shall be the preferred type of disposal area. Other types of disposal areas may be used where a trench system would be clearly infeasible.
C. 
All disposal fields, seepage pits, trenches, septic tanks, dry wells and cesspools shall not be constructed less than 100 feet from any watercourse.
D. 
"Watercourse" shall mean lake, pond, inlet, river, stream, pool or any and all other bodies and courses of water.
In addition to the definitions set forth in N.J.A.C. 7:9A-1.1 et seq., the following definitions are hereby enacted:
BOARD OF HEALTH
The Board of Health of the Township of Hardyston, and its authorized agents, including the Sussex County Health Department or other such staff as provided by contract.
COMPLETED ALTERATION/PUMPOUT REPORT
A certificate submitted to the Board of Health by an owner/operator indicating that the required inspection of the septic tank has been completed in accordance with § 143-12 of this article.
COMPLETED INSPECTION CERTIFICATE
A certificate submitted to the Board of Health by an owner/operator indicating that the required inspection of the septic tank has been completed in accordance with § 143-12 of this article.
EDUCATION PROGRAM
An education program prepared and administered by the Board of Health regarding the fundamentals of individual subsurface sewage disposal systems and the proper procedures for the operation and maintenance of such systems.
NOTICE OF PUMPING, ALTERATION OR REPAIR
A notice issued by the Board of Health to an owner/operator that the individual subsurface sewage disposal system requires pumping out or other repairs or maintenance before an operator's license may be renewed.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this article and the DEP Regulations for the operation of an individual subsurface sewage disposal system.
OWNER/OPERATOR
The person who owns the realty on which the individual subsurface sewage disposal system is located and/or the person who uses or operates said system. The owner of the realty and the operator of the system, if different, are jointly and severally liable for the obligations imposed by this article regarding operations and maintenance of such systems.
SEPTIC SYSTEM INSPECTOR
A licensed health officer, licensed professional engineer, first grade licensed sanitarian, first grade licensed sanitarian, solid waste hauler, registered with the NJDEP in accordance with N.J.A.C. 7:26-3, or other person acceptable to the Board of Health.
A. 
The Board of Health shall issue an operator's license and a copy of DEP's operation and maintenance manual to the applicant along with educational program materials at the time that the certificate of compliance is issued for an individual subsurface sewage disposal system.
B. 
The initial operator's license shall expire three years after issuance. All subsequent renewal operator's licenses shall be for a one-year term unless the system has been inspected and pumping completed and verified if applicable. In that case, the operator's license will be renewed for a three-year term.
C. 
The Board of Health shall notify the owner/operator before the operator's license expires in accordance with § 143-12 below and shall direct the licensee to apply for renewal of the operator's license unless the licensee has:
(1) 
Submitted to the Board of Health evidence that the necessary maintenance has been performed as prescribed in N.J.A.C. 7:9A-12.3;
(2) 
Had his/her individual subsurface sewage disposal system inspected pursuant to § 143-12 below;
(3) 
Paid any and all fees[1] due and owing to the Board of Health under this article; and
[1]
Editor's Note: See Ch. 88, Fees.
(4) 
Received the education program materials.
A. 
The Board of Health or its authorized agent shall ensure that inspection of an individual subsurface sewage disposal system shall take place prior to the expiration of the operator's license. The Board of Health shall notify the owner/operator at least 30 days and no more than 60 days prior to the expiration of the operator's license in order to schedule a date and time for the inspection.
B. 
The Board of Health or its authorized agent shall prepare an inspection report for each inspection which it performs pursuant to this article. The Board of Health shall provide a copy of such inspection report to the owner/operator.
C. 
The inspection report forms from N.J.A.C. 7:9A entitled "Application for License to Operate" and/or "Renewals of License to Operate," or other authorized format shall be the acceptable forms to be used in reporting inspections of individual subsurface sewage disposal systems. These forms will be completed at the time of inspection and shall be filed with the Township or its assigned agent.
D. 
The owner/operator has the option, at his/her own expense, to hire a private septic system inspector, as defined in N.J.A.C. 7:9A, to perform the inspection of their individual subsurface sewage disposal system. If the owner/operator chooses this option, the inspection shall take place within 60 days of the expiration of the operator's license. Prior to the expiration of the operator's license, the licensee shall file with the Board of Health a completed inspection certificate, in a form approved by the Board of Health and signed by the septic system inspector. The use of a septic system inspector to perform the inspection required by this section shall not exempt the owner/operator from the payment of any fees.
E. 
Any inspection performed pursuant to this § 143-12 shall be in accordance with the NJDEP regulations at N.J.A.C. 7:9A-12.1(b) through (f).
F. 
If the inspection indicates that pumpout of the septic tank or other maintenance alteration or repair of the system is necessary, the Board of Health shall issue a notice of pumping, alteration or repair. Following pumpout or other maintenance, alteration or repair of the system, the owner/operator shall submit to the Board of Health a completed alteration/pumpout report prepared and signed by the person performing the required work.
G. 
Nothing in this § 143-12 shall be construed to limit or to alter the authority of the Board of Health to conduct inspection of individual subsurface sewage disposal systems which are malfunctioning or are suspected of malfunctioning.
A. 
Any individual subsurface sewage disposal system which is malfunctioning is hereby declared a nuisance.
B. 
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.
C. 
Any individual subsurface sewage disposal system which is constructed, installed, altered, operated or maintained in violation of this article, the DEP regulations, any rule or regulation promulgated by the Board of Health pursuant to this article or any permit, certificate or license issued pursuant to this article is hereby declared to be a nuisance.
Any person who violates any provision of this article, any terms or condition of any permit of license issued hereunder or who fails to comply with any lawful notice or order issued by the Board of Health shall be subject to the penalties set forth in Chapter 1, General Provisions, of the Code of the Township of Hardyston.
If a certificate of compliance is denied by the Board of Health, the applicant may request a hearing before the Board. The Board of Health shall hold a hearing within 15 days of such request in accordance with N.J.S.A. 58:11-31. 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.