This chapter shall be known as the "Subsurface
Sewage Disposal System Management Ordinance of the Township of Jefferson."
All definitions given in Subchapter 2 (N.J.A.C.
7:9A-2.1 et. seq.) of the New Jersey Department of Environmental Protection
(NJDEP) Standards for the Construction of Individual Subsurface Sewage
Disposal Systems, N.J.A.C. 7:9A-1.1 et seq., and any amendments thereto
(NJDEP Regulations) are hereby incorporated into this chapter, with
the following additions:
ACTIVE USE
For initial licenses, this term shall mean: The use or direction
of waste water to a system after the adoption date of this chapter.
For renewal licenses, this term shall mean: The use or direction of
waste water to a system at any time during the period of the license.
EDUCATION PROGRAM
An educational program prepared and administered by the Health
Department regarding the fundamentals of individual and nonindividual
subsurface sewage disposal systems and the proper procedures for the
operation and maintenance of such systems. The educational program
shall be deemed to be in accordance with N.J.A.C. 7:9A-3.14.
ENFORCING OFFICIAL
The Health Officer or Senior Sanitarian of the Township of
Jefferson or his or her designee.
LICENSED SEPTIC CLEANER
Any person, firm or corporation, who has been found qualified
to pump out an individual or nonindividual subsurface sewage disposal
system, and who has been licensed by the Health Department of Jefferson
Township.
NONINDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
An on-site subsurface sewage disposal system serving a property
other than a single-family home. Such systems include but are not
limited to those systems defined in N.J.A.C. 7:9A-1.8(c)2. Typical
examples include but are not limited to: commercial buildings, restaurants,
food establishments, commercial/residential mixed uses, and systems
servicing multiple units.
OWNER or OPERATOR
The person who owns or leases the realty upon which an individual
or nonindividual 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 chapter.
PERMIT TO OPERATE
A permit issued to an applicant pursuant to this chapter
for the operation of an individual or nonindividual subsurface sewage
disposal system.
PLOT PLAN
A sketch drawn by the owner/operator, or agent on their behalf,
showing the type (if known) and location of the individual or nonindividual
subsurface sewage disposal system servicing the property, as well
as the location and type of any on-site water supply. All plot plans
shall indicate dimensions if known.
PROGRAM AREA
This chapter shall be applicable throughout the entire Township
of Jefferson.
[Amended 7-16-2014 by Ord. No. 4-14]
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short
order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public, or nonprofit organization,
institution, or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market, or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere, and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge.
SYSTEM
An individual or nonindividual subsurface sewage disposal
system, including all of the component parts thereof.
Appeal to property Maintenance Code Appeals
Board as established by Jefferson Township Ordinance No. 7-02. Any
person aggrieved by any decision of a designee of the Health Department
made pursuant to the permitting provisions of this chapter shall have
the right to appeal that decision to the Property Maintenance Code
Appeals Board. Any aggrieved person seeking a hearing under this section
shall make application to the Board in writing within 30 days of the
decision to be appealed. The Property Maintenance Code Appeals Board
shall schedule the matter for a hearing within 45 days thereafter.
The hearing shall be conducted at a meeting held pursuant to the Open
Public Meetings Act.
In furtherance of the rights granted to the
Health Department in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9-3.19,
the Health Officer or his designee, upon presentation of identification,
shall have the right to enter upon property where an individual or
nonindividual 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 Health Department as enumerated therein.
All ordinances, codes or parts of same inconsistent
with any of the provisions of this chapter are hereby repealed to
the extent of such inconsistency.
This chapter shall take effect 30 days after
adoption and publication of a Notice of Adoption in accordance with
New Jersey law.
In the event that any provision of this chapter
or its application to any person is held invalid for any reason, such
invalidity shall not affect any other provision of this chapter and
to this end, the provisions of this chapter are severable.