[Adopted 5-28-1974 by Ord. No. 628 (Ch. 99 of the 1966 Code)[1]]
[1]
Editor's Note: This article was originally adopted by the Board of Health of the Borough of Emerson 3-10-1955.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 fixing penalties for the violation thereof is hereby adopted pursuant to P.L. 1950, c. 188 (N.J.S.A. 26:3-69.1 to 3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Said code established and adopted by this article is described and commonly known as the "Standards for Individual Subsurface Sewage Disposal Systems" (N.J.A.C. 7:9A).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Three copies of said Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 87:9A) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this article 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 permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.
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.
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 license for such removal has been obtained from the Board of Health.
In case any license or certification required by this article 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 may be 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.
[Amended 2-18-2003 by Ord. No. 1218]
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: $50.
B. 
For the filing of an application and plans for a permit to alter an existing individual sewage disposal system: $25.
C. 
For the issuance of a permit to locate and construct or alter an individual sewage disposal system: $25.
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: $25.
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: $50.
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: $10.
A. 
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this article or the Individual Sewage Disposal System Code of New Jersey (1953) made a part hereof shall, upon conviction thereof, pay a penalty of not more than $500 or be imprisoned for not more than 90 days, or both, for each violation.
[Amended 2-18-2003 by Ord. No. 1218]
B. 
Each day a particular violation continues shall constitute a separate offense.