[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 12-28-2005 by Ord. No. 2005-17. Amendments noted
where applicable.]
The Township Committee has determined that it
is in best of the Township, its residences and businesses to inspect
all on-site wastewater treatment (commonly known as "septic") systems.
This finding is based on the following:
A.
Residential and nonresidential on-site wastewater
treatment systems are in use within the Township of Mansfield.
B.
On-site wastewater treatment systems, similar to any
other physical structure, require ongoing maintenance and proper operation
to ensure proper functionality.
C.
When existing on-site wastewater treatment systems
have malfunctioned, even when the systems have been designed, constructed,
and sited in accordance with applicable standards, the malfunction
is largely due to lack of proper operation and maintenance. These
malfunctions have been shown to adversely affect public health and
welfare and the environment. Such systems constitute a potential source
of pollution of ground and surface waters, contamination of potable
water supplies, foul odors, nuisance problems and other hazards to
public health.
D.
It is determined to be in the interest of public health
and the environment, safety and welfare to establish provisions to
regulate the management of such systems to protect the public and
environment against system failures and resultant pollution.
E.
The inspection provisions contained in this chapter
are necessary to protect the public health safety and welfare and
it is therefore necessary to exceed the provisions contained in N.J.A.C.
7:9A-1 et seq.
F.
In order to enable the use of on-site system technology
that enhances treatment of wastewater, management and maintenance
are a necessity.
G.
Economic benefits to all on-site system owners by
improving the quality of wastewater management, will extend the serviceable
life of on-site systems, preventing or postponing the need for costly
repairs or replacements.
It is the purpose of this chapter:
A.
To establish an inspection program for residential
and nonresidential on-site wastewater treatment systems in the Township
of Mansfield in order to ensure the proper operation and maintenance
of such systems.
B.
To regulate on-site wastewater treatment systems in
Mansfield Township to protect public health and welfare and the environment.
This includes a means of educating on-site wastewater treatment system
owners/operators, as defined herein, in the characteristics of such
systems and the proper procedures for altering, operating and maintaining
them.
C.
To develop a management program to maintain records
regarding on-site wastewater treatment systems in the program area.
D.
To promote and assure the proper use and maintenance
of residential and nonresidential on-site wastewater treatment systems.
All definitions given in Subchapter 2 (N.J.A.C.
7:9A 2.1) of the New Jersey Department of Environmental Protection
(NJDEP) Standards for the Construction of Individual On-site Wastewater
Treatment Systems, N.J.A.C, 7:9A-1.1 et seq., and any amendments thereto
("NJDEP regulations") are hereby incorporated into this article, with
the following additions:
Any component or system which is a part of an individual
subsurface sewage disposal system that is employed to reduce levels
of pollution or convey pollutants to the subsurface environment that
is not addressed or is not designed in strict conformance with the
requirements of N.J.A.C. 7:9A.
The Board of Health of the Township of Mansfield.
An educational program prepared and administered by the Board
of Health regarding the function of on-site wastewater treatment systems
and the proper procedures for the operation and maintenance of such
systems. The educational program shall be performed in accordance
with the minimum requirements of N.J.A.C. 7:9A-3.14.
The Construction Code Official of the Township of Mansfield
or his designee.
Any person, firm or corporation which has been duly examined
by the enforcing official and found qualified to pump on-site wastewater
treatment systems, and who has been properly registered with all appropriate
local, county and state authorities.
Any realty improvement other than a single-family home. Such
systems include but are not limited to those systems defined in N.J.A.C.
7:9A-1.8(C)2. Typical examples include but are not limited to: commercial
buildings, restaurants, food establishments, commercial/residential
mixed uses, and systems servicing multiple units.
An individual subsurface sewage disposal system as referred
to in N.J.A.C. 7:9A. A septic system is one example.
The person who owns or leases the realty improvement which
is served by a residential or nonresidential on-site wastewater treatment
system and/or the person who uses or operates said system.
A sketch showing the type (if known) and location of the
on-site wastewater treatment system servicing the property, as well
as the location and type of any on-site water supply. All plots plans
shall be drawn to scale and list the dimensions used.
An individual or non-individual on-site wastewater treatment
system, including all of the component parts thereof.
A.
Scope. The owner of any realty improvement serviced
by an on-site wastewater treatment system located in the Township
of Mansfield shall be subject to all of the requirements of this chapter.
B.
Applicability. No person within the Township of Mansfield
area shall operate a residential or nonresidential on-site wastewater
treatment system unless such construction, installation, alteration,
maintenance or operation is in accordance with all applicable sanitary
regulations and this article.
C.
Exemptions. Any system not in operation for a period
of six months or longer shall be exempted from this article. The Construction
Code Official shall require an owner or operator of a system seeking
exemption under this section to submit proof in the designated form
to qualify for this exemption. This exemption shall cease if and when
the system is returned to operation.
A.
Requirement for license. On and after March 1, 2006,
no owner or occupant of a property in the Township of Mansfield upon
which an individual or nonindividual on-site wastewater treatment
system is located which has transferred a property or required a certificate
of occupancy shall operate or otherwise use a system unless a currently
valid license to operate the system has been issued by the Construction
Code Official, in accordance with the schedule herein, to the owner
of the property on which the system is located.
B.
Issuance of license. The Construction Code Official
may issue a license to operate and distribute educational information
relative to the proper operation and maintenance practices to the
owner and occupant of a property upon one or more of the following
events:
(1)
Issuance of a certificate of compliance by the Board
of Health or its designee for any system using advanced wastewater
treatment or disposal technology(ies);
(2)
Issuance of a certificate of compliance by the Board
of Health for a new system;
(3)
Issuance of a certificate of compliance by the Board
of Health for the alteration of a system;
(4)
Upon the sale or transfer of a premises.
C.
All licenses issued pursuant to this section shall
be on a form provided by the Construction Code Official. Once issued,
a license shall not be transferable upon change of ownership or occupancy.
A new license is required for the premises. A fee, as provided hereunder,
shall accompany each application for a license or renewal. The initial
application for a license shall include a plot plan showing the location
of the septic system (both the tank and the disposal area) and any
private water source on the property. The plot plan shall also include
the general location, if known, of any wells, and septic systems on
adjoining properties.
D.
Expiration/renewal. The license to operate shall expire
upon change of ownership or issuance of a new certificate of occupancy.
(1)
Requirements for renewal. The Construction Code Official
shall not renew the license unless the licensee has submitted the
following to the Board of Health or its designee:
(a)
Submission of a septic system inspection report
prepared in accordance with the Technical Guidance for Inspections
of On-site Wastewater Treatment and Disposal Systems published by
the New Jersey Department of Environmental Protection, dated July
2003, or latest edition, on a form approved by the Board of Health
or its designees indicating that the system has been maintained, is
not in need of pumping, and is functioning in conformance with the
requirements of this chapter. Said form shall be prepared, completed
and certified by one of the following:
(b)
If the inspection indicates that pumping of
the treatment 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 pumping or other maintenance,
alteration or repair of the system, the owner/operator shall submit
to the Board of Health a completed alteration/pumping report prepared
and signed by the person performing the required work.
E.
Testing of the system. No person shall test an on-site
wastewater treatment system in a manner that will adversely affect
the functioning of the system. Hydraulic loading shall not be applied
in excess of the design flow capacity. All solids shall have been
removed from the septic tank and/or grease trap prior to testing unless
the hydraulic loading is applied at a point that will bypass the septic
tank and/or grease trap.
F.
Suspension of license. The Construction Code Official
may suspend or revoke the license to operate in the following circumstances:
(1)
It has been determined by the Board of Health or its
designee that the system is malfunctioning based upon criteria provided
for in N.J.A.C. 7:9A-3.4(a) and the licensee fails to take immediate
steps to correct said malfunction as directed by the Board of Health
or its designee;
(2)
The owner or occupant of the premises served by the
system violates any provision of this chapter with respect to operation
and maintenance of the system; or
(3)
Operation of an on-site system under a suspended license
shall be subject to penalties as set forth herein.
The following conditions shall apply to all
licenses:
A.
General. The on-site wastewater treatment system shall
be used only for the disposal of sanitary wastes of the type and origin
provided for in the approved engineering design. The following conditions
of the license shall be adhered to:
(1)
No permanent or temporary connection shall be made
to any source of wastes, wastewater or clean water other than those
plumbing fixtures which are normally present within the type of facility
indicated in the approved engineering design.
(2)
Drainage from basement floors, footings or roofs shall
not enter the sewage disposal system and shall be diverted away from
the area of the disposal field.
(3)
As set forth in N.J.S.A. 58:10A-17, no person shall
use or introduce or cause any other person to use or introduce into
any sewage water disposal system any sewage system cleaner containing
any restricted chemical material.
(4)
Disposal of materials containing toxic substances
into an on-site wastewater treatment system is prohibited. Materials
containing toxic substances include, but are not limited to, waste
oil (other than cooking oil), oil-based or acrylic paints, varnishes,
photographic solutions, pesticides, insecticides, paint thinners,
organic solvents or degreasers and drain openers.
(5)
Inert or nonbiodegradable substances should not be
disposed of in the on-site wastewater treatment system. Such substances
include, but are not limited to, disposable diapers containing plastic,
cat box litter, coffee grounds, cigarette filters, sanitary napkins,
facial tissues and wet-strength paper towels.
(6)
Large quantities of cooking greases or fats shall
not be discharged into systems not equipped with a grease trap designed
and constructed as prescribed in N.J.A.C. 7:9A8.1.
(7)
Major plumbing leaks shall be repaired promptly to
prevent hydraulic overloading of the system. Vehicle traffic and vehicular
parking shall be kept away from the aspects of the system, unless
the system has been specifically designed to support vehicular traffic.
(8)
Swimming pools and additional building structures
shall be set back according to the requirements of N.J.A.C. 7:9A-4.3.
(9)
Water softener backwash and HVAC condensate may be
disposed into the on-site system in accordance with N.J.A.C. 7:9A-12.1.
Although water softener backwash may be disposed into the on-site
system in accordance with N.J.A.C. 7:9A-12.1, to reduce hydraulic
loading to the system and preserve the serviceability of the system,
HVAC condensate and water softener backwash is required to be discharged
to a separate seepage pit designed in accordance with N.J.A.C. 7:9A-11.
B.
Disposal field maintenance.
(1)
The area of the disposal field shall be kept free
of encroachments from decks, pools, sprinkler systems, driveways,
patios, accessory buildings, additions to the main building and trees
or shrubbery whose roots may disrupt the system.
(2)
Grading shall be maintained in a condition that will
promote runoff of rainwater away from the system and prevent ponding.
(3)
All drainage from roofs, footing drains, ditches or
swales shall be diverted away from the system.
(4)
Vegetation shall be maintained to prevent soil erosion.
C.
Additional inspection and maintenance requirements
for systems with grease traps.
(1)
Grease traps or other grease removal systems shall
be inspected and cleaned out at a frequency adequate to prevent the
volume of grease from exceeding the grease retention capacity. Grease
shall be removed whenever 75% of the grease retention capacity has
been reached.
(2)
Pumping of grease traps/removal systems shall be performed
by a solid waste hauler registered with the NJDEP in accordance with
the requirements of N.J.A.C. 7:26g.
D.
Maintenance of dosing tanks. Dosing tanks and associated
pumps, siphons, switches, alarms, electrical connections and wiring
shall be maintained in proper working order. Any solids that accumulate
in the dosing tank shall be removed and disposed of in a sanitary
manner.
Any licensed on-site sewage disposal system
or component thereof that is found to be malfunctioning (as defined
in N.J.A.C. 7:9A-2.1 and 3.4) shall constitute a nuisance and shall
be repaired, modified or replaced pursuant to an order of the Board
of Health or its designee to correct the condition caused by the malfunction.
Alterations shall be performed in accordance with N.J.A.C. as adopted
and implemented by the Board of Health by virtue of this Code and
any amendments thereto.
A.
The Board of Health shall have the right to inspect
any system that shows evidence of any malfunction. Such evidence may
include, but not be limited to: foul odors, leakage to ground surface,
or saturated soil/lush vegetation over system. Water and/or soil samples
may be taken to confirm the existence of a malfunctioning system.
B.
The Board of Health may require that any malfunctioning
system be corrected by servicing, replacement or alteration of the
system.
C.
Until any necessary replacement or alteration of a
system has been accomplished, the Board of Health may require pumping
and the removal of the entire contents of the septic tank for the
system (both liquids and solids) at intervals specified by the Board.
D.
No provision of this chapter shall be interpreted
as precluding the Construction Code Official from revoking a license
issued for the operation of a system in the event that the Board of
Health or its designee shall determine that such action is necessary
and appropriate for the enforcement of this chapter and any other
relevant Board of Health ordinance.
Any such revocation shall be upon notice to the owner/operator, with
an opportunity to comment or appeal.
