[HISTORY: Adopted by the Borough of Rutherford Board of Health 3-25-1963 by Ord. No. 4-63. Amendments noted where applicable.]
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems; the issuance of licenses or permits to locate, construct, empty or clean said systems; and fixing penalties for the violation thereof is hereby adopted pursuant to c. 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.
The said code established and adopted by this chapter is described and commonly known as the "Individual Sewage Disposal System Code of New Jersey (1953)."
Three copies of the said Individual Sewage Disposal System Code of New Jersey (1953) have been placed on file in the office of the secretary, clerk or other similar officer 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.
No person shall locate, construct or alter any individual sewage disposal system until a license for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.
The Board of Health may issue a license 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.
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 license 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.
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 license issued and the requirements of the aforesaid code.
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 issued by the Board of Health to engage in such business. 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 the failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Board of Health, after public hearing by said Board.
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 license 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 hereby established:
For the filing of an application and plans for a license to locate and construct an individual sewage disposal system, $25.
For the filing of an application and plans for a license to alter an existing individual sewage disposal system, $10.
For the issuance of a license to locate and construct or alter an individual sewage disposal system, $5.
For each reinspection of an individual sewage disposal system, or part thereof, caused by the failure of the licensee to locate and construct or alter the same in accordance with the terms of the license issued or the terms of the aforesaid code, an inspection fee of $5 shall be charged.
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, $5 for each vehicle or conveyance.
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, $1.
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 (1953) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $100 for each violation.
Each day a particular violation continues shall constitute a separate offense.
All ordinances, codes or parts of same inconsistent with any of the provisions of this chapter and the code established hereunder are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this chapter or code shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
This chapter and the code herein established shall take effect 30 days after the first publication of the chapter in accordance with the provisions of N.J.S.A. 26:3-69.