[HISTORY: Adopted by the Township Council
of the Township of Jefferson 5-2-2007 by Ord. No. 9-07. Amendments noted where
applicable.]
A.
Findings. It is found and declared that:
(1)
Individual and nonindividual on-site subsurface sewage
disposal systems are in use within the Township of Jefferson.
(2)
Subsurface sewage disposal systems have malfunctioned
even when the systems have been designed, constructed, and sited in
accordance with applicable standards, largely due to lack of proper
system management or improper operation and maintenance. These malfunctions
have been shown to adversely affect public health and welfare and
the environment. Such systems constitute a potential source of pollution
of groundwaters and surface waters, contamination of potable water
supplies, foul odors, nuisance problems and other hazards to public
health.
(3)
It is determined to be in the interest of public health,
safety and welfare to establish provisions to regulate the management
of such systems to protect the public against system failures and
resultant pollution.
(4)
The permit provisions contained in this chapter are
necessary to protect the public health safety and welfare and it is
therefore necessary to exceed the provisions contained in N.J.A.C.
7:9A-1 et seq. This is hereby declared to be a "special ordinance"
in accordance with N.J.A.C. 7:9A-3.1(b) and shall be forwarded to
the New Jersey Department of Environmental Protection within 10 days
of adoption.
B.
Purpose. In addition to the purposes set forth in
N.J.A.C. 7:9A-1.1., it is the purpose of this chapter:
(1)
To establish a management program for individual and
nonindividual subsurface sewage disposal systems in the Township of
Jefferson in order to ensure the proper operation and maintenance
of such systems. This chapter requires existing, new and proposed
individual and nonindividual subsurface sewage disposal systems to
be pumped out at least once every three years in order to minimize
future malfunctions of such systems. Existing, new and proposed individual
and nonindividual subsurface sewage disposal systems servicing seasonal
residences located on Raccoon Island, Halsey Island, North Island,
Sherman Island, and Dalton Island are required to be pumped out at
least once every six years in order to minimize future malfunctions
of such systems.
[Amended 6-28-2023 by Ord. No. 23-14]
(2)
To regulate individual and nonindividual subsurface
sewage disposal systems in the program area in such a way as to protect
public health and welfare and the environment, and to provide for
a means of educating owners/operators, as defined herein, in the characteristics
of such systems and the proper procedures for altering, operating
and maintaining them.
(3)
To develop a management program to maintain records
and manage systems in the program area.
(4)
To promote and assure the proper management and maintenance
of individual and nonindividual sewage disposal systems through time.
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:
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.
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.
The Health Officer or Senior Sanitarian of the Township of
Jefferson or his or her designee.
The Health Department of Jefferson Township.
An individual subsurface sewage disposal system, as defined
at N.J.A.C. 7:9A-2.1, serving a single-family detached residential
housing unit.
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.
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.
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.
A permit issued to an applicant pursuant to this chapter
for the operation of an individual or nonindividual subsurface sewage
disposal system.
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.
This chapter shall be applicable throughout the entire Township
of Jefferson.
[Amended 7-16-2014 by Ord. No. 4-14]
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.
An individual or nonindividual subsurface sewage disposal
system, including all of the component parts thereof.
A.
Scope. The owner and/or occupant of any realty improvement
serviced by an individual or nonindividual on-site subsurface sewage
disposal system located in the program area shall be subject to all
of the requirements of this chapter.
B.
Applicability. No person shall operate an individual
or nonindividual subsurface sewage disposal system within the program
area unless such construction, installation, alteration, maintenance
or operation is in accordance with all applicable sanitary regulations
and this chapter.
C.
Exemptions. Any system not in active use shall be
exempted from this chapter. The Health Department may require an owner
or operator of a system seeking exemption under this section to submit
proof in the form acceptable to the Health Department so as to qualify
for this exemption. Also, any system, regulated under the New Jersey
Department of Environmental Protection NJDPES permit or is not located
in the program area is exempt from this chapter.
A.
Requirement for permit: On and after (within three
years of the effective date of this chapter) no owner or occupant
of a property in the Township of Jefferson within the program area
upon which an individual or nonindividual subsurface sewage disposal
system is located shall use or operate the system unless a currently
valid permit to operate the system has been issued by the Health Department
in accordance with the schedule established by the Health Department
with notification by the Health Department to the owner of the property
on which the system is located. The program area is defined as the
area within the Musconetcong drainage basin.
(1)
The Health Department or its designee may issue a
permit to operate and provide educational information relative to
the proper operation and maintenance practices (pursuant to N.J.A.C.
7:9A-3.14) to the owner and occupant of a property upon one or more
of the following events:
(a)
Issuance of a certificate of compliance for
a new system within the program area.
(b)
Issuance of a certificate of compliance for
the alteration of a system within the program area.
(c)
Upon the sale or transfer of premises within
the program area.
(d)
For all existing individual and nonindividual
sewerage disposal systems located within the program area in Jefferson
Township, as scheduled by the Township, but no later than three years
from the effective date of this chapter.
(2)
All permits issued pursuant to this section shall be on a form provided by the Health Department. Once issued, a permit shall be transferable upon change of ownership or occupancy of the premises for which the permit has been issued. A fee as provided in § 436-11 of this chapter thereof should accompany each application for a permit or renewal. The initial application for a permit shall include a plot plan (if available), showing the location of the septic system (both the tank and the disposal area) and of any private water source on the property. The plot plan shall also include the general location, if known, of any wells and septic systems on adjoining properties.
B.
Expiration/renewal. The permit to operate shall expire
three years after issuance. The Health Department shall notify the
permittee or its designee at least 90 days before the permit expires
and shall be directed to apply for a renewal of the permit. The renewal
notice shall include educational materials relative to the proper
operation and maintenance practice for such systems in accordance
with N.J.A.C. 7:9A-3.14. The permit to operate for seasonal residential
dwellings located on Raccoon Island, Halsey Island, North Island,
Sherman Island, and Dalton Island shall expire six years after issuance.
[Amended 6-28-2023 by Ord. No. 23-14]
(1)
Requirements for renewal: Health Department or its
designee shall not renew the permit unless the permittee has submitted
the following [B(1)(a) or (b)] to the Health Department or its designee:
(a)
Evidence that the septic tank (or in the case of an alternate system, the comparable component of such system) has been pumped by a licensed septic cleaner as required by § 436-7 of this chapter within the term of the expiring permit.
(b)
Submission of a septic system inspection report
on a form approved by the Health Department indicating that the system
has been maintained, is not in need of pumping and is functioning
in conformance with the requirements of this chapter. Said form shall
be prepared, completed and certified by one of the following:
(c)
Any such inspection under this section shall
be conducted within the year prior to renewal and shall include but
not be limited to the following:
[1]
A complete walkover of the septic field;
[2]
Measurement of the effluent in inspection ports,
(if any) and a reading of the groundwater monitoring port when such
ports were included in the original septic design;
[3]
An inspection of baffles and internal integrity
of the tank;
[4]
Measurement of the depth of solids in the septic
tank; and
[5]
A recommendation regarding the time interval
until the next pump-out.
C.
Suspension of permit. The Health Department or its
designee may suspend or revoke the permit to operate in the following
circumstances:
(1)
It has been determined that the system is malfunctioning
based upon criteria provided for in N.J.A.C. 7:9A-3.4(a) and the permittee
fails to take steps to correct said malfunction as directed by the
Health Department or its designee;
(2)
The owner or occupant of the premises served by the
system violates any provision of this chapter with respect to operation
and maintenance of the system; or
(3)
The owner or occupant of the premises served by the
system denies the right of entry to the Health Department or its designee,
or to the New Jersey Department of Environmental Protection (NJDEP),
as required in N.J.A.C. 7:9A-3.19, or in any way interferes with the
administration or enforcement of this chapter.
D.
Modified term of permit: The Health Department may
on its own motion, upon notice and opportunity to the property owner
or operator for a hearing, or upon application of a property owner
or system operator, alter the time period of a permit to operate.
The Health Department may consider the following factors in determining
that a more frequent permit renewal and pumping/inspection schedule
may be necessary:
(1)
Limited size of the septic tank or disposal field;
(2)
The fact that the existing system may be a cesspool;
(3)
The age of the system;
(4)
Past history of malfunction or other noncompliance;
(5)
Location of the existing system in a flood hazard,
wetland area, wetlands transition zone or other environmentally sensitive
area;
(6)
Proximity of the system to a well or water body;
(7)
The type and/or intensity of sewage generation, such
as pet grooming, hair salons, etc.
E.
Special licensing provisions for retail food handling
establishments: The permit to operate for a retail food handling establishment
shall expire one year after issuance or one year from the date of
the documented pump out, whichever comes first. The owner of said
establishment shall have the right to apply to the Health Department
for a longer permit renewal period, but in no case shall the permit
renewal period exceed three years. In considering any such application
the Health Department may consider the establishment's demonstrated
compliance history of the management of the system.
A.
General. 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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Major plumbing leaks shall be repaired promptly to
prevent hydraulic overloading of the system.
(7)
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.
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.
(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 Health Department
or its designee.
(2)
Except when done as part of or in conjunction with
an alteration or repair, a building permit must be obtained from the
Plumbing Inspector 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 suitable chlorine-bearing compound.
(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 N.J.S.A. 7:11A-1 et seq., as well as any other
applicable state or local rules, regulations, ordinances or directives.
A.
Any person, partnership, firm or corporation who empties, relieves or pumps out all or a portion of an individual or nonindividual sewage disposal system within the Township of Jefferson shall first apply to the Health Department to become a licensed septic cleaner. Any such license shall be for a term of one year and shall be subject to the payment of a fee as provided in § 436-11 of this chapter. In addition, any licensee must be registered as a solid waste hauler in accordance with N.J.A.C. 7:26-3.c.
B.
Prior to emptying, relieving or pumping out all or
a portion of any individual or nonindividual subsurface sewage disposal
system within the program area, the licensed septic cleaner shall
obtain a septic pumping permit from the Health Department.
C.
The licensed septic cleaner shall complete all information
on the septic pumping permit and deliver one copy to the property
owner and one copy to the Health Department within 14 days of the
time the individual or nonindividual sewage disposal system is pumped.
Failure to deliver said report within the required time frame shall
be considered to be a violation of this chapter.
D.
The Health Department may suspend or refuse to renew
the license of any licensed septic cleaner who fails to comply with
this chapter and/or finds said party to be in violation of this chapter.
E.
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.
(4)
Pumping of the septic tanks shall be conducted in
such a manner that the entire contents of the septic tank, including
both liquids and solids, are removed.
(5)
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 suitable chlorine-bearing compound.
F.
Sludge 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 N.J.S.A. 58:IA-1
et seq.
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.[1]
[1]
Editor's Note: N.J.S.A. 10:4-6 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 3.4) shall constitute a nuisance and shall be repaired, modified
or replaced pursuant to an order of the Health Department 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 Health Department by virtue of this chapter and any amendments
thereto.
(2)
Any individual or nonindividual subsurface sewage
disposal system which has not been maintained in accordance with N.J.A.C.
7:9A:12, Septic Tank Maintenance, is hereby declared a nuisance.
(3)
Any individual or nonindividual subsurface sewage
disposal system which is constructed, installed, altered, operated
or maintained in violation of this section, the DEP Regulations, any
rule or regulation promulgated pursuant to this chapter or any permit,
certificate or license issued pursuant to this chapter is hereby declared
to be a nuisance.
(4)
In addition the powers provided for in N.J.A.C. 7:9A-1.1
et seq., the Health Department 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:
inspections of system; revocation of license.
(1)
The Health Department 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 Health Department may require 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 Health Department 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 Department.
(4)
Provisions to this chapter shall not be interpreted
as precluding the Health Department from revoking a permit issued
by the Health Department for the operation of a system in the event
that the Department shall determine that such action is necessary
and appropriate for the enforcement of this chapter. Any such revocation
shall be upon notice to the owner operator with an opportunity to
comment or appeal.
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.
A.
Any person who violates any provision of this chapter,
or any term or condition of any permit 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 chapter, any term or condition of any permit or license or
any notice or order issued by the Health Department shall constitute
a separate and distinct violation under this chapter.
C.
Nothing in this section shall be construed as limiting
the remedies of the Health Department for violation of this chapter.
The Health Department may proceed under any other remedy available
at law or in equity for any violation of this chapter or any term
or condition of any permit or license issued by the Health Department
or for any failure to comply with any notice or order issued by the
Health Department or its enforcement official under this chapter.
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.
