[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.
A.
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.
B.
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.
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
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.
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 license 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 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.
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 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:
A.
For the filing of an application and plans for a license
to locate and construct an individual sewage disposal system, $25.
B.
For the filing of an application and plans for a license
to alter an existing individual sewage disposal system, $10.
C.
For the issuance of a license to locate and construct
or alter an individual sewage disposal system, $5.
D.
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.
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,
$5 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, $1.
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 (1953) made a part hereof
shall, upon conviction thereof, pay a penalty of not less than $2 nor more
than $100 for each violation.
B.
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.
