[HISTORY: Adopted by the Board of Health of the Township of Chester 10-8-2008. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 92, Sewage Disposal, adopted 6-29-1994, as amended.
The regulations promulgated by the State Commissioner of the Department of Environmental Protection pursuant to the Realty Improvement Sewerage and Facilities Act and subsequent amendments thereto and known as "Standards for Individual Subsurface Sewage Disposal Systems (1989)" and subsequent amendments thereto and subject to the amendment and supplement as set forth in §§ 192-1.2 and 192-5 of this chapter are hereby adopted and are of full force and effect in the Township of Chester as prescribed by this chapter.
Three copies of said standards for the construction of individual subsurface sewage disposal systems have been placed on file in the office of the Board of Health upon the introduction of this chapter and will remain in said office for use and examination by the public.
As used in this chapter, the following terms shall have the meanings indicated:
- NEW CONSTRUCTION
- In connection with the alteration, reconstruction, extension or structural change (collectively "alteration") to a single-family or two-family residential building, the building shall be considered as new construction when one or more of the following conditions occur or are proposed:
- A. Fifty percent or more of the floor area of the existing building is removed, or an addition containing more than 50% of the floor area of the existing building is attached thereto; or
- B. The building is uninhabitable for more than 30 days in succession as a result of an alteration; or
- C. There is a change in use of the existing building.
- PROFESSIONAL ENGINEER
- A person who is licensed by the State of New Jersey as a professional engineer (other than the Township Engineer or any professional engineer associated with his/her firm).
Any alteration to an existing one- or two-family residential building that meets the definition of "new construction" as described in § 192-1.1 shall be required to have a septic system in compliance with the standards of N.J.A.C. 7:9A or equivalent code in effect at that time of septic approval and the Township Health Code unless otherwise approved by the Board of Health. Upon a determination by the Board that a proposed alteration to a building is "new construction," the applicant shall obtain a certificate for continued use of existing individual subsurface sewage disposal system form from the secretary to the Board of Health in conformance with § 192-5.
Editor's Note: A copy of the form is included at the end of this chapter.
[Amended 9-18-2019 by BOH Ord. No. 2019-01]
The fee schedule shall be as follows:
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this chapter or standards for individual subsurface sewage disposal systems made a part hereof shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each violation, at the discretion of the court.
Each day a particular violation continues shall constitute a separate offense.
Any fees collected pursuant to Chapter 192 are nonrefundable flat fees to cover administrative expenses.
With regard to any application relating to a subdivision, site plan or development of one or more lots, seeking Board interpretation, waiver or modification, an escrow amount is to be paid at the time the application is made to the Board in the amount of $1,000 to pay for the cost of any professional services.
The escrow account is established to cover the cost of professional services, including but not limited to engineering, legal and other expenses connected with the application. Escrow account funds not utilized in the review process will be returned to the applicant. As invoices are received from time to time by the Board from the professional consultants of the Board (attorney, planner, professional engineer, traffic engineer, and others who are employed to review the application), the Treasurer of the municipality will immediately request the applicant, in writing, to pay such additional funds into the escrow account as may be required to cause the amount in the escrow account to equal the initial deposit plus all outstanding directly related professional fee invoices. The Treasurer will review the account at least monthly to ensure that the escrow funds are maintained at the prescribed level. As the invoices of the professional consultants are reviewed and approved for payment by the Board, the Treasurer will pay 100% of the approved invoices from the escrow account. The professional consultants shall send a copy of the invoices to the applicant.
Prior to the issuance of a building permit for new construction as defined herein served by an individual subsurface sewage disposal system, the Board of Health shall receive a certificate for continued use from a licensed professional engineer for the property. Where an existing individual subsurface sewage disposal system fails to meet the applicable standards so as to qualify for a certificate for continued use from a licensed professional engineer, the Construction Officer or Zoning Official shall not issue a certificate of occupancy for a new construction until the system is repaired, altered or replaced to the satisfaction of the Board and a certificate for continued use from a licensed professional engineer is issued.
An application for a certificate for continued use of an existing individual subsurface sewage disposal system shall be made upon a form provided by the Board of Health for such purpose. The form shall include space for a report of inspection and tests of the system made in accordance with the provisions of this § 192-5. A fee shall be paid at the time of the submission of an application as provided by § 192-2.
The inspection and test shall be made and the report and certificate for continued use shall be executed by a person engaged by the applicant who is licensed by the State of New Jersey as a professional engineer (other than the Township Engineer or any professional engineer associated with his/her firm).
On-site inspection. The on-site inspection shall consist of a visual check of the ground surface of the subject property above and in the vicinity of the individual subsurface sewage disposal system to ascertain the existence of any evidence of recent overflow of the system or seepage from the system into any watercourse as such term is defined in N.J.A.C. 7:9A-2.1.
Tests. The following tests shall be performed:
Dye test in the plumbing system to ascertain the existence of evidence of system overflows to ground surface or to any watercourse.
Probe test to ascertain any saturation in the ground above the system which, if peculiar to that ground, shall be considered to be evidence of overflow.
Usage test to ascertain whether the system can accept an appropriate discharge of water into the system without creating evidence of any overflow or seepage from the system. An appropriate total discharge of water into the system for any one usage test shall not exceed an amount calculated as follows: 50 gallons for the first bedroom plus 35 gallons for each additional bedroom, provided that the total volume of water discharged into the system shall not be less than 100 gallons nor more than 200 gallons, with the discharge being made within a period not exceeding one hour. No more than one such usage test shall be made on a system within any twenty-four-hour period. In the event a dual or split system is in service, each component of such system shall be tested at 75% of the total discharge standard set forth herein.
The report of inspection, tests and certificate for continued use which is submitted to the Board of Health shall state:
That the person executing the report personally made the on-site inspection of the subject property and conducted the test required by this § 192-5;
That such inspection and test did not reveal or produce evidence of any overflow of the system or any seepage from the system into any watercourse as defined in N.J.A.C. 7:9A-2.1; and
The Chester Township R.E.H.S. was on site to witness the required tests.
The Secretary of the Board of Health shall acknowledge the receipt of the professional engineer's certificate for continued use of an existing individual subsurface sewage disposal system within 10 business days along with all required fees after the receipt by the Board. If for any reason the certificate for continued use has been rejected, the applicant shall be notified of the reason for the refusal within 10 business days of the Board of Health's acknowledgement of receipt of the certificate for continued use. If considered necessary for the evaluation of a submitted certificate for continued use, the Board of Health may make such examinations of an individual subsurface sewage disposal system and the property upon which it is located as may be deemed appropriate.
The acceptance by the Board of Health of a certificate for continued use of an existing individual subsurface sewage disposal system shall not constitute a representation by the Board that the subject system will function satisfactorily for any given period of time following the date of the issuance of the certificate.
A certificate for continued use of an existing individual subsurface sewage disposal system shall remain effective for purposes of meeting the requirements of this § 192-5 for a period of 12 months from the date the system was examined or 12 months from the date of issuance of the certificate, whichever shall first occur.
Prohibited methods for testing an individual subsurface sewage disposal system. No person shall at any time test an individual subsurface sewage disposal system within the Township of Chester by discharging any liquid into such system in an amount or in a manner which will result in a hydraulic loading that is in excess of the gallons per day design flow capacity of the system as calculated in accordance with the state standards, nor shall any person test such a system in any other manner which will adversely affect the function of this system.