[HISTORY: Adopted by the Board of Health of the Township of Elk 11-4-1971.
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 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,
except for those parts of the text which are amended by this chapter.
The 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 the said Individual Sewage Disposal System Code of New
Jersey (1963) 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 use and examination
by the public.
A.
No person shall locate, construct or alter any individual
sewage disposal system until a license or 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 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. The Board of Health may also issue a license for any individual
sewage disposal system for use with a single-family residential dwelling without
the requirement of a professional engineering certificate if in its opinion
the application adequately complies with this code.
C.
Improvements or changes to an individual sewage disposal
system shall be deemed an alteration if the changes and/or renovations have
an estimated cost, including labor, which would exceed 25% of the replacement
value of the individual sewage disposal system as originally configured.
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 or permit 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 a certificate 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.
C.
The Board of Health may issue such certificate for the
individual sewage disposal system to be used in conjunction with a single-family
residential dwelling without the submission of an engineering certificate,
upon an inspection by the Board of Health and a determination by it that the
said sewage disposal system has in fact been located and constructed in accordance
with the terms of the license or 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.
A license shall not be required by persons emptying or
cleaning septic tanks, cesspools or privies located on land which they own
and which the owner personally empties or cleans.
In case any license, 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 license
or permit to locate and construct an individual sewage disposal system: $5.
B.
For the filing of an application and plans for a license
or permit to alter an existing individual sewage disposal system: $5.
C.
For each reinspection of an individual sewage disposal
system or part thereof caused by the failure of the licensee or permittee
to locate and construct or alter the same in accordance with the terms of
the license or permit issued or the terms of the aforesaid code, an inspection
fee of $5 shall be charged.
D.
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:
$25.
E.
GIS Map fee in the amount of $10.
[Added 7-3-2003 by Ord. No. O-8-2003;
amended 9-4-2003 by Ord. No. O-14-2003]
The code annexed hereto, which is more completely described in § 112-1 hereof, is hereby amended as follows:
A.
Section 9.2 is amended to read as follows, but all of the other requirements in Section 9.2 not included in the following Subsection (a) shall remain as outlined in the code:
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Section 9.2. Percolation Tests and Reports.
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(a)
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At least one percolation test shall be performed at the site of each
commercial, industrial or residential subdivision disposal area. In the case
of construction of an individual sewage disposal system to serve a single-family
residential unit, a percolation test will be required only when the Board
of Health deems it necessary by reason of unusual topography, experience with
the area in question or for other good and valid reasons.
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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 less than $2 nor more
than $500 for each violation.
[Amended 12-2-1976]
B.
Each day a particular violation continues shall constitute
a separate offense.
