[HISTORY: Adopted by the Board of Health
of the Town of Phillipsburg 6-19-1969 by Ord. No. 998 (Ch. 52 of the 1969 Code).
Amendments noted where applicable.]
A code regulating the location, construction,
use, maintenance and method of emptying or cleaning individual sewage
disposal systems and the issuance of permits to locate, construct,
empty or clean said systems and the fixing of penalties for the violation
thereof is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A.
26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and
made a part hereof without inclusion of the text thereof herein.
Said code established and adopted by this chapter
is described and commonly known as the "Individual Sewage Disposal
System Code of New Jersey (1963)."
Three copies of said Individual Sewage Disposal
System Code of New Jersey (1963) have been placed on file in the office
of the Secretary of this Board of Health upon the introduction of
this chapter and will remain on file in said office for the use and
examination of the public.
[Added 4-4-1995 by Ord. No. O:95-11; amended 6-20-2017 by Ord.
No. O:2017-07]
A.
Where a sanitary sewer is available, each and every property owner
is required to provide and maintain a sewer connection for their improved
property.
B.
Any sanitary fixture installed in a building at an elevation lower
than the curb or street, whichever is higher, must include backflow
prevention to eliminate potential flooding of the premises with sewage.
Further, all such fixtures shall be the sole responsibility of the
owner and the Town of Phillipsburg will not be responsible for the
installation, operation, or damage caused by sewerage backflow.
C.
Upon a determination by the Municipal Engineer that an existing sewer
connection is not properly discharging sewage flow into the sewer
main, the owner shall be required to replace the existing sewer connection
system. In the instance where the owner is not connected directly
and separately to the sewer main, it shall be required, upon determination
of improper discharge, that the owner connect separately to the sewer
main.
A.
No person shall locate, construct or alter any individual
sewage disposal system until a permit for the location, construction
or alteration of said sewage disposal system shall have been issued
by the Board of Health.
B.
The Board of Health may issue a permit if an application
for the same 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.
A.
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 said 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 alteration
to an existing individual sewage disposal system.
B.
The Board of Health may issue such a certificate if
an engineer licensed to practice professional engineering in New Jersey
submits a statement in writing signed by him to the Board of Health
that the said disposal system has been located and constructed in
accordance with the terms of the permit issued and the requirements
of the aforesaid code.
A.
Persons shall not engage in the business of emptying
or cleaning septic tanks, cesspools, privies or any place used for
the reception or storage of human excrement who do not hold a license
to engage in such business issued by the Board of Health. Such licenses
shall be valid for a period of one year from the date of issuance
but may be renewed by the Board of Health. Said license may be revoked
for failure of the licensee to comply with the provisions of the code
or any rule or ordinance of the Board of Health.
B.
The contents of any septic tank, cesspool, privy or
other receptacle containing human excrement shall not be removed until
a permit for such removal has been obtained from the Board of Health.
In case any permit or certification required
by this chapter 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.
The following fees and charges are herewith
established:
A.
For the filing of an application and plans for a permit
to locate and construct an individual sewage disposal system: $10.
B.
For the filing of an application and plans for a permit
to alter an existing individual sewage disposal system: $5.
C.
For the issuance of a permit to locate and construct
or alter an individual sewage disposal system (no more than $5, N.J.S.A.
26:3-31f and g): $5.
D.
For each reinspection of an individual sewage disposal
system or part thereof caused by the 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: an inspection fee
of $5 shall be charged.
E.
For the issuance or renewal of a license to a person
or corporation engaged in the business of cleaning or emptying receptacles
for the reception and storage of human excrement or other putrescible
matter: $20 for each vehicle or conveyance.
F.
For the issuance of a permit to clean or empty any
receptacle used for the reception or storage of human excrement or
other putrescible matter: $5.
G.
Filing fee for treatment works application: $25.
[Added 10-16-2007 by Ord. No. O:2007-19]
H.
Professional review of treatment works application:
$300.
[Added 10-16-2007 by Ord. No. O:2007-19]
[Added 10-3-1989 by Ord. No. O:89-31; 2-3-1998 by Ord. No. O:98-02; 6-21-2011 by Ord. No.
O:2011-11; 12-15-2020 by Ord. No. O:2020-29]
For every application for connection or for
every connection made after January 1, 2021, the applicant shall pay
a connection charge at the time of the application for each service
lateral or connection to the Town's sewer system as follows:
A.
It shall be assumed and established that for single-family
dwellings and for multiple-family dwellings on a per-unit basis, said
unit shall consume approximately 250 gallons per day, and the current
charge for connection shall be $9.60 per gallon or $2,400 per residential
unit.
B.
For nonresidential units, said charge shall be based
upon the actual gallonage as certified by the applicant and approved
by the Municipal Engineer of the Town of Phillipsburg. For example,
if an applicant proposes to produce 2,000 gallons of wastewater for
treatment, the connection charge will be $12 times 2,000 or $24,000.
D.
Applicants whose developments lie within a municipality
other than the Town of Phillipsburg and who wish to use the facilities
of the Phillipsburg Sewage Treatment Plant shall pay the host municipality
the connection fee as provided above; except that applicants whose
developments lie within the municipalities of Greenwich or Lopatcong
are to pay 1/2 of the connection fee directly to the Town of Phillipsburg
and the other half to said municipality. Said payment shall be made
prior to the connection to the sanitary disposal collection system
and may be made by cash or certified check.
A.
Any person or persons, firm or corporation violating
any of the provisions of or any order promulgated under this chapter
or the Individual Sewage Disposal System Code of New Jersey (1963)
made a part hereof shall, upon conviction thereof, pay a penalty of
not more than $500 for each violation.
[Amended 6-18-1985 by Ord. No. O:85-13]
B.
Each day a particular violation continues shall constitute
a separate offense.
