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:
EDUCATION PROGRAM
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.
LICENSED SEPTIC SLUDGE REMOVAL OPERATOR
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.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this chapter
for the operation of a peat biofilter wastewater treatment system.
OWNER/OPERATOR
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.
PEAT BIOFILTER TREATMENT SYSTEM
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.
PLOT PLAN
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.
SYSTEM
An individual or nonindividual on-site wastewater treatment
system, including all of the component parts thereof.
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.
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.