Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Stillwater 11-19-1971 as Ch. BH-VI of the 1971 Revised General Ordinances. Amendments noted where applicable.]
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 the systems and fixing penalties for the violation thereof is hereby adopted pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed to this chapter and made a part of it without inclusion of the text.
[Amended 8-17-1981 by Ord. No. 81-14; 3-20-1990 by Ord. No. 90-1A]
The code established and adopted by this chapter is described and commonly known as the "Standards for Individual Subsurface Sewage Disposal Systems," 7 N.J.A.C. 9A, as promulgated by the New Jersey Department of Environmental Protection, together with the amendments and supplements hereto.
[Amended 8-17-1981 by Ord. No. 81-14; 3-20-1990 by Ord. No. 90-1A]
Three copies of the Standards for Individual Subsurface Sewage Disposal Systems have been placed on file in the offices of the Secretary of the Board of Health and Township Clerk for the use and examination of the public.
A. 
Permit required. No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of the sewage disposal system shall have been issued by the Board of Health.
B. 
Issuance of permit. The Board of Health may issue a permit if an application 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. 
Certificate required. 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 the 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 alterations to an existing individual sewage disposal system.
B. 
Issuance of certificate. Prior to issuing a certificate of compliance an engineer licensed to practice professional engineering in New Jersey must submit a revised plan signed and sealed by him to the Board of Health that the disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the code.[1]
[Amended 3-20-1990 by Ord. No. 90-1A]
[1]
Editor's Note: Original § BH:6-6, Emptying or cleaning septic tanks, which immediately followed this section, was repealed 8-17-1981 by Ord. No. 81-14.
In the event that a license or 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 is made by the applicant, and upon the hearing, the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the 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 the violation, and thereafter the work continued without any violation of any of the provisions of the code. After issuance of such order and the service of a copy upon the person connected with or working in and about the erection or installation of the disposal system or any part thereof, no further work shall be done except as aforesaid.[1]
[1]
Editor's Note: Original § BH:6-9, Fees and Charges, which immediately followed this section, was repealed 9-15-1980 by Ord. No. 80-16.
[Added 8-17-1981 by Ord. No. 81-14]
Fees shall conform to Chapter 437, Fees, of the Code of the Township of Stillwater.
[Amended 8-17-1981 by Ord. No. 81-14; 3-20-1990 by Ord. No. 90-1A; 6-20-1994 by Ord. No. 94-9; 9-1-2015 by Ord. No. 2015-10]
Construction standards for individual subsurface sewage disposal systems shall be in accordance with the provisions of N.J.A.C. 7:9A-1.1 et seq. as has been adopted by reference by this chapter pursuant to the provisions N.J.S.A. 26:3-69.1 et seq.
[Added 3-20-1990 by Ord. No. 90-1A]
A. 
Definitions. In addition to the definitions set forth in N.J.A.C. 7:9A1.1 et seq., the following definitions are hereby enacted:
BOARD OF HEALTH
The Board of Health of the Township of Stillwater and its authorized agents, including the Sussex County Health Department or other such staff as provided by contract.
COMPLETED ALTERATION/PUMPOUT REPORT
A report submitted to the Board of Health by an owner/operator indicating that the required pumpout or alteration of the individual subsurface sewage disposal system has been completed in accordance with the notice of pumping, alteration or repair.
COMPLETED INSPECTION CERTIFICATE
A certificate submitted to the Board of Health by an owner/operator indicating that the required inspection of the septic tank has been completed in accordance with § 456-10C of this chapter.
EDUCATION PROGRAM
An education program prepared and administered by the Board of Health regarding the fundamentals of individual subsurface sewage disposal systems and the proper procedures for the operation and maintenance of such systems.
NOTICE OF PUMPING, ALTERATION OR REPAIR
A notice issued by the Board of Health to an owner/operator that the individual subsurface sewage disposal system requires pumping out or other repairs or maintenance before an operator's license may be renewed.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this chapter and the Department of Environmental Protection regulations for the operation of an individual subsurface sewage disposal system.
OWNER/OPERATOR
The person who owns the realty on which the individual subsurface sewage disposal system is located and/or the person who uses or operates said system. The owner of the realty and the operator of the system, if different, are jointly and severally liable for the obligations imposed by this section regarding operations and maintenance of such systems.
SEPTIC SYSTEM INSPECTOR
A licensed health officer, licensed professional engineer, first-grade licensed sanitarian, solid waste haulers registered with the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:26-3 or other person acceptable to the Board of Health.
B. 
Operator's license.
(1) 
The Board of Health shall issue an operator's license and a copy of Department of Environmental Protection's operation and maintenance manual of the applicant along with educational program materials at the time that the certificate of compliance is issued for an individual subsurface sewage disposal system.
(2) 
The initial operator's license shall expire three years after issuance. Any subsequent renewal of an operator's license shall be for a one-year term unless the system has been inspected and pumping completed and verified, if applicable. In that case, the operator's license will be renewed for a three-year term.
(3) 
The Board of Health shall notify the owner/operator before the operator's license expires in accordance with Subsection C below and shall direct the licensee to apply for renewal of the operator's license unless the licensee has:
(a) 
Submitted to the Board of Health evidence that the necessary maintenance has been performed as prescribed in N.J.A.C. 7:9A-12.3;
(b) 
Had his/her individual subsurface sewage disposal system inspected pursuant to Subsection C below;
(c) 
Paid any and all fees due and owing to the Board of Health under this section; and
(d) 
Received the education program materials.
C. 
Inspections.
(1) 
The Board of Health or its authorized agent shall ensure that inspection of an individual subsurface sewage disposal system shall take place prior to the expiration of the operator's license. The Board of Health shall notify the owner/operator at least 30 days and no more than 60 days prior to the expiration of the operator's license in order to schedule a date and time for the inspection.
(2) 
The Board of Health or its authorized agent shall prepare an inspection report for each inspection which it performs pursuant to this section. The Board of Health shall provide a copy of such inspection report to the owner/operator.
(3) 
The inspection report forms from N.J.A.C. 7:9A titled "Application for License to Operate" and/or "Renewals of License to Operate" or other authorized format shall be the acceptable forms to be used in reporting inspections of individual subsurface sewage disposal systems. These forms will be completed at the time of inspection and shall be filed with the Township or its assigned agent.
(4) 
The owner/operator has the option, at his/her own expense, to hire a private septic system inspector, as defined in N.J.A.C. 7:9A, to perform the inspection of his/her individual subsurface sewage disposal system. If the owner/operator chooses this option, the inspection shall take place within 60 days of the expiration of the operator's license. Prior to the expiration of the operator's license, the licensee shall file with the Board of Health a completed inspection certificate, in a form approved by the Board of Health and signed by the septic system inspector. The use of a septic system inspector to perform the inspection required by this section shall not exempt the owner/operator from the payment of any fees as required by § 456-8 of this chapter.
(5) 
Any inspection performed pursuant to this Subsection C shall be in accordance with the New Jersey Department of Environmental Protection regulations at N.J.A.C. 7:9A-12.1(b) through (f).
(6) 
If the inspection indicates that pumpout of the septic tank or other maintenance, alteration or repair of the system is necessary, the Board of Health shall issue a notice of pumping, alteration or repair. Following pumpout or other maintenance, alteration or repair of the system, the owner/operator shall submit to the Board of Health a completed alteration/pumpout report prepared and signed by the person performing the required work.
(7) 
Nothing in this Subsection C shall be construed to limit or to alter the authority of the Board of Health to conduct inspection of individual subsurface sewage disposal systems which are malfunctioning or are suspected of malfunctioning.
D. 
Declaration of nuisance.
(1) 
Any individual subsurface sewage disposal system which is malfunctioning is hereby declared a nuisance.
(2) 
Any individual subsurface sewage disposal system which has not been maintained in accordance with N.J.A.C. 7:9A-12.3, Septic Tank Maintenance, is hereby declared a nuisance.
(3) 
Any individual subsurface sewage disposal system which is constructed, installed, altered, operated or maintained in violation of this section, the Department of Environmental Protection regulations, any rule or regulation promulgated by the Board of Health pursuant to this section or any permit, certificate or license issued pursuant to this section is hereby declared to be a nuisance.
E. 
Enforcement and penalties. Any person who violates any provision of this section or any terms or conditions of any permit or license issued hereunder or who fails to comply with any lawful notice or order issued by the Board of Health shall be subject to the penalties provided for in Chapter 420, § 420-14.
F. 
Appeals.
(1) 
If a certificate of compliance is denied by the Board of Health, the applicant may request a hearing before the Board. The Board of Health shall hold a hearing within 15 days of such request in accordance with N.J.S.A. 58:11-31. 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.
(2) 
Procedures for appeals from any other actions of the Board of Health pursuant to this section shall be taken in accordance with the rules and regulations of the Board of Health adopted pursuant to Chapter 425, § 425-12.