[HISTORY: Adopted by the Board of Health of the Township
of Franklin 9-11-2008 by Ord. No. 2008-16. Amendments noted
where applicable.]
GENERAL REFERENCES
Subdivision of land and site plan review — See Ch. 310.
A.
Findings. It is found and declared that:
(1)
Residential peat biofilter wastewater treatment systems are in use
within the Township of Franklin.
(2)
Peat biofilter wastewater treatment systems, similar to any other
physical structure, require ongoing maintenance and proper operation
to ensure proper functionality.
(3)
When existing on-site wastewater treatment systems have malfunctioned
even when the systems have been designed, constructed, and sited in
accordance with applicable standards, 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.
(4)
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.
(5)
The licensing 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. This is hereby declared to be a "special ordinance" in accordance
with N.J.A.C. 7:9A-3.1(b) and shall be forwarded to the New Jersey
Department of Environmental Protection within 10 days of adoption.
(6)
In order to enable the use of on-site system technology that enhances
treatment of wastewater, management and maintenance are a necessity.
(7)
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.
B.
Purpose. In addition to the purposes set forth in N.J.A.C. 7:9A-1.1,
it is the purpose of this chapter to:
(1)
Establish a management program for peat biofilter wastewater treatment
systems in the Township of Franklin in order to ensure the proper
operation and maintenance of such systems. This chapter requires all
peat biofilter wastewater treatment systems subject to local regulation
to be satisfactorily operated, inspected and maintained on a regular
basis in order to minimize future malfunctions of such systems.
(2)
Regulate peat biofilter wastewater treatment systems in the Township
of Franklin to protect public health and welfare and the environment.
This includes a means of educating peat biofilter wastewater treatment
systems owners/operators, as defined herein, in the characteristics
of such systems and the proper procedures for altering, operating
and maintaining them.
(3)
Develop a management program to maintain records regarding peat biofilter
wastewater treatment systems in the Township.
(4)
Promote and assure the proper use and maintenance of peat biofilter
wastewater treatment systems.
This chapter shall be known as the "Residential Peat Biofilter
Wastewater Treatment Systems Management Ordinance of the Township
of Franklin."
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 chapter, with the following additions:
The Board of Health of the Township of Franklin.
An educational program prepared and administered by the Board
of Health regarding the function of peat biofilter 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 Health Officer of the Township of Franklin 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.
An individual subsurface sewage disposal system as referred
to in N.J.A.C. 7:9A. A septic system is one example.
A license issued to an applicant pursuant to this chapter
for the operation of a peat biofilter wastewater treatment system.
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. The owner
of the realty and the operator of the system, if different, are jointly
and severally liable for the obligations imposed by this chapter.
A individual subsurface sewage disposal system that uses
sphagnum peat moss or peat fiber for removing and retaining contaminants
from the wastewater prior to disposal in a conventional disposal system
or drip irrigation field.
A plan prepared by a licensed land survey and/or professional
engineer 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 nonindividual on-site wastewater treatment
system, including all of the component parts thereof.
A.
Scope. The owner and/or occupant of any realty improvement serviced
by a peat biofilter wastewater treatment system located in the Township
of Franklin shall be subject to all of the requirements of this chapter.
B.
Applicability. No person within the Township of Franklin shall operate
a residential peat biofilter wastewater treatment system unless such
construction, installation, alteration, maintenance or operation is
in accordance with all applicable sanitary regulations and this chapter.
A.
Requirement for license. Within 30 days after the effective date
of this chapter, no owner or occupant of a property in the Township
of Franklin upon which a peat biofilter wastewater treatment system
is located shall operate or otherwise use a system unless a currently
valid license to operate the system has been issued by the Board of
Health in accordance with the schedule herein to the owner of the
property on which the system is located.
(1)
The Board of Health or its designee may issue a license to operate
a peat biofilter wastewater treatment system to the owner and occupant
of a property upon submission of the following:
(a)
A special use request approval from the Board of Health authorizing
the use of a peat biofilter wastewater treatment system and any waivers
associated with the alteration of the existing malfunctioning system.
(b)
A copy of the recorded deed notice to the property that identifies
the technology, and acknowledges the owner's responsibility to
operate and maintain it, and grants access to the property to the
Health Officer, or his designated representative, for the purpose
of system monitoring and inspection.
(c)
A copy of a minimum five-year service contract with the manufacturer
of the system that includes inspection of any motors, airflow, effluent
and sludge. The contract shall provide for annual preventative maintenance
by specially trained service personnel to ensure the system is functioning
properly and to optimize treatment performance.
(d)
A certification from the manufacturer, and a licensed professional
engineer, that the system has been installed in accordance with the
manufacturer's specifications and the approved system design.
(2)
All licenses issued pursuant to this section shall be on a form provided by the Board of Health. Once issued, a license shall be transferable upon change of ownership or occupancy of the premises for which the license has been issued. A fee, as provided in § 415-10 of this chapter, shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan prepared by a licensed land survey showing the as-built location of the septic system (both the tank and the disposal area) and of any private water source on the property. The plot plan shall also include the location, if known, of any wells and septic systems on adjoining properties.
B.
Expiration/renewal. The license to operate shall expire one year
after issuance. The Board of Health shall notify the licensee or its
designee at least 45 days before the license expires and shall be
directed to apply for a renewal of the license.
(1)
Requirements for renewal:
(a)
The Board of Health or its designee shall not renew the license
unless the licensee has submitted the following to the Board of Health
or its designee:
[1]
Submission of a septic system inspection report on a form approved
by the Board of Health 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 a staff member of the Board of Health, or a licensed
professional engineer.
[2]
An annual report from the system manufacturer identifying the
system, the status of the maintenance contract, and identifying any
service problems with the system and how they were corrected. All
annual reports shall be submitted to the Township in writing.
[3]
Every three years from the initial license date, verification
that the septic tank has been pumped shall be provided for license
renewal.
[4]
Verification that a valid maintenance contract is currently
in effect for the peat biofilter wastewater treatment system.
(b)
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.
C.
Suspension of license: The Board of Health or its designee may suspend
or revoke the license to operate in the following circumstances:
(1)
It has been determined 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)
The owner or occupant of the premises served by the system denies
the right of entry to the Board of Health or its designee, or to the
New Jersey Department of Environmental Protection (NJDEP), as required
in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration
or enforcement of this chapter.
D.
Modified term of license. The Board of Health may on its own motion,
upon notice and opportunity to the property owner or operator for
a hearing, or upon application of a property owner or system operator,
alter the time period of a license to operate. The Board of Health
may consider a modified licensing renewal or pumping/inspection schedule
based on the following:
(1)
The age of the system;
(2)
Past history of maintenance;
(3)
Changes and/or modifications to the treatment works approval permit
issued by the NJDEP authorizing the use of peat biofilter wastewater
treatment systems;
(4)
Proximity of the system in relation to wells, adjacent properties,
flood hazard areas, wetland areas, wetland transition zones or other
environmentally sensitive areas.
A.
General.
(1)
The peat biofilter 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. 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 a peat biofilter
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 peat biofilter 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. 7:9A-8.1.
(7)
Major plumbing leaks shall be repaired promptly to prevent hydraulic
overloading of the system.
(8)
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.
(9)
Swimming pools and additional building structures shall be set back
according to the requirements of N.J.A.C. 7:9A-4.3.
(10)
Although water softener backwash may be disposed into the peat
biofilter wastewater treatment 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 are 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.
Abandoned systems.
(1)
When it is necessary to abandon a system or components of a system,
all septic tanks, dosing tanks, seepage pits, dry wells and cesspools
which are to be abandoned shall be emptied of wastes and removed or
filled completely with sand, gravel, stones or soil material in a
manner which is acceptable to the Board of Health or its designee.
(2)
Except when done as part of or in conjunction with an alteration,
a permit must be obtained from the Board of Health prior to abandoning
a septic system or component of a septic system.
Any person aggrieved by any decision of a designee of the Board
of Health made pursuant to this chapter shall have the right to appeal
that decision to the Board of Health. Any aggrieved person seeking
a hearing under this section shall make application to the Board in
writing within 30 days of the decision to be appealed. The Board of
Health shall schedule the matter for a hearing within 45 days thereafter.
The hearing shall be conducted at a meeting held pursuant to the Open
Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
Nuisances to be corrected.
(1)
Any 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 7:9A-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.
(2)
Any peat biofilter wastewater treatment system which is constructed,
installed, altered, operated or maintained in violation of this section,
N.J.A.C. 7:9A-1 et seq., any rule or regulation promulgated pursuant
to this chapter or any approval, permit, certificate or license issued
pursuant to this chapter is hereby declared to be a nuisance.
(3)
In addition the powers provided for in N.J.A.C. 7:9A-1.1 et seq.,
the Board of Health retains its authority to abate any nuisance in
accordance with the provisions of N.J.S.A. 26:3-45 et seq.
B.
Malfunctioning on-site wastewater treatment system; inspections of
system; revocation of license.
(1)
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.
(2)
The Board of Health may require that any malfunctioning system be
corrected by servicing, replacement or alteration of the system.
(3)
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.
(4)
No provision of this chapter shall be interpreted as precluding the
Board of Health from revoking a license issued by the Board for the
operation of a system in the event that the Board shall determine
that such action is necessary and appropriate for the enforcement
of this chapter. Any such revocation shall be upon notice to the owner/operator,
with an opportunity to comment or appeal.
In furtherance of the rights granted to the Board of Health
in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9-3.19, the Health Officer
or his designee, upon presentation of identification, shall have the
right to enter upon property where an individual or nonindividual
on-site wastewater treatment system is located for the purpose of
observation, inspection, monitoring and/or sampling of the on-site
sewage disposal system. This authority is exercised by virtue of N.J.S.A.
26:3-31 as a necessary and reasonable method of furthering the duties
of the Board of Health as enumerated therein.
A.
An initial license fee of $100 shall accompany each initial application
for system licensure.
B.
Upon renewal of each license, a renewal license fee of $50 shall
accompany the application for license renewal.
C.
If an inspection is required to complete the license renewal, an
additional fee of $500 shall be due at time of license renewal.
D.
Any fee which is submitted late shall be assessed a late fee of $5
for every work day after the fee is due.
A.
A person who violates any provision of this chapter, or any term
or condition of any certificate or license issued hereunder, shall
be liable for one or more of the following penalties [N.J.S.A. 40:69A-29(b)]:
B.
Each separate day and each violation of any provision of this chapter,
any term or condition of any certificate or license or any notice
or order issued by the Board of Health shall constitute a separate
and distinct violation under this chapter.
C.
Nothing in this section shall be construed as limiting the remedies
of the Board of Health for violations of this chapter. The Board of
Health may proceed under any other remedy available at law or in equity
for any violation of this chapter or any term or condition of any
certificate or license issued by the Board or Health or for any failure
to comply with any notice or order issued by the Board of Health or
its enforcement official under this chapter.
