[Adopted 12-3-2008 by Ord. No. 2008-050]
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1., it is the purpose of this article to:
A. 
Establish a management program for individual and nonindividual subsurface sewage disposal systems in the Township of West Milford in order to ensure the proper operation and maintenance of such systems. This article requires existing, new and proposed individual and nonindividual subsurface sewage disposal systems to be pumped out at least once every three years in order to minimize future malfunctions of such systems.
B. 
Regulate individual and nonindividual subsurface sewage disposal systems in the program area in such a way as to protect public health and welfare and the environment, and to provide for a means of educating owners/operators, as defined herein, in the characteristics of such systems and the proper procedures for altering, operating and maintaining them.
C. 
Develop a management program to maintain records and manage systems in the program area.
D. 
Promote and assure the proper management and maintenance of individual and nonindividual sewage disposal systems through time.
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1 et seq.) of the New Jersey Department of Environmental Protection (NJDEP) Standards for the Construction of Individual Subsurface Sewage Disposal 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:
ACTIVE USE
For initial licenses, this term shall mean the use or direction of wastewater to a system after the adoption date of this article. For renewal licenses, this term shall mean the use or direction of wastewater to a system at any time during the period of the license.
DEPARTMENT OF HEALTH
The Department of Health of the Township of West Milford.
EDUCATION PROGRAM
An educational program prepared and administered by the Board of Health regarding the fundamentals of individual and nonindividual subsurface sewage disposal systems and the proper procedures for the operation and maintenance of such systems. The educational program shall be deemed to be in accordance with N.J.A.C. 7:9A-3.14.
ENFORCING OFFICIAL
The Health Officer of the Township of West Milford or his designee.
IMMEDIATE EFFECTIVE DATE SHALL BE JANUARY 1, 2009
On or about January 1, 2009, the Director of the Department of Health shall designate by way of publication in two newspapers circulated in the Township the date that property owners must obtain a valid license as set forth in § 300-40. The Health Officer may set such compliance date by region, section or any other reasonable manner.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
An individual subsurface sewage disposal system, as defined at N.J.A.C. 7:9A-2.1, serving a single-family detached residential housing unit.
LICENSED SEPTIC SLUDGE REMOVAL OPERATOR
Any person, firm or corporation who or which has been duly examined by the enforcing official and found qualified to pump out an individual or nonindividual subsurface sewage disposal system, and who or which has been issued a license.
NONINDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
An on-site subsurface sewage disposal system serving a property 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(a)2. Typical examples include, but are not limited to, commercial buildings, restaurants, food establishments; commercial/residential mixed uses, and systems servicing multiple units.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this article for the operation of an individual or nonindividual subsurface sewage disposal system.
OWNER or OPERATOR
The person who owns the realty upon which an individual or nonindividual 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 article.
PLOT PLAN
A sketch drawn by the owner/operator, or agent on his or her behalf, showing the type (if known) and location of the individual or nonindividual subsurface sewage disposal system servicing the property, as well as the location and type of any on-site water supply. All plots shall be drawn to scale and list the dimensions used.
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public, or nonprofit organization, institution, or group preparing, storing or serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market, or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.
SYSTEM
An individual or nonindividual subsurface sewage disposal system, including all of the component parts thereof.
A. 
Scope. The owner and/or occupant of any realty improvement serviced by an individual or nonindividual on-site subsurface sewage disposal system located in the Township of West Milford shall be subject to all of the requirements of this article.
B. 
Applicability. No person within the Township of West Milford shall operate an individual or nonindividual subsurface sewage disposal 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 active use shall be exempted from this article. The Department of Health may require an owner or operator of a system seeking exemption under this section to submit proof in the form acceptable to the Department so as to qualify for this exemption.
A. 
Requirement for license. On and after within two years of the effective date of this article, no owner or occupant of a property in the Township of West Milford, upon which an individual or nonindividual subsurface sewage disposal system is located, shall use or operate the system unless a currently valid license to operate the system has been issued by the Department of Health in accordance with the schedule herein to the owner of the property on which the system is located.
[Amended 8-26-2009 by Ord. No. 2009-019]
(1) 
The Department of Health or its designee may issue a license to operate and educational information relative to the proper operation and maintenance practices (pursuant to N.J.A.C. 7:9A-3.14) to the owner and occupant of a property upon one or more of the following events:
(a) 
Issuance of a certificate of compliance for a new system;
(b) 
Issuance of a certificate of compliance for the alteration of a system; or
(c) 
Upon the sale or transfer of a premises.
(d) 
For all existing individual and nonindividual sewerage disposal systems in accordance with the immediate effective date for all systems.
(2) 
All licenses issued pursuant to this section shall be on a form provided by the Township Department 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 § 300-46 of this article thereof shall accompany each application for a license or renewal.
B. 
Expiration/renewal. The license to operate shall expire three years after issuance. The Department of Health shall notify the licensee or its designee at least three months before the license expires, who shall be directed to apply for a renewal of the license. The renewal notice shall include educational materials relative to the proper operation and maintenance practice for such systems in accordance with N.J.A.C. 7:9A-3.14.
(1) 
Requirements for renewal. The Department of Health or its designee shall not renew the license unless the licensee has submitted the following to the Department of Health or its designee:
(a) 
Evidence that the septic tank or pump tank (if applicable) (or in the case of an alternate system, the comparable component of such system) has been pumped by a licensed septic sludge removal operator as required by § 300-42 of this article.
(2) 
Renewal term. Any license renewed under Subsection B(1)(a) (actual pumping) shall be renewed for a period of three years.
(3) 
As a condition precedent to a license renewal, the owner/operator shall pay the fee required by § 300-46 herein.
C. 
Suspension of license. The Department 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 steps to correct said malfunction as directed by the Department of Health or its designee;
(2) 
The owner or occupant of the premises served by the system violates any provision of this article 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 Department 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 article.
D. 
Modified term of license.
(1) 
The Department 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.
(2) 
The Department of Health may consider the following factors in determining that a more frequent licensing renewal or pumping/inspection schedule may be necessary:
(a) 
Limited size of the septic tank or disposal field.
(b) 
The fact that the existing system may be a cesspool.
(c) 
The age of the system.
(d) 
Past history of malfunction or other noncompliance.
(e) 
Location of the existing system in a flood hazard, wetland area, wetlands transition zone or other environmentally sensitive area.
(f) 
Proximity of the system to a well or water body.
A. 
General.
[Amended 8-26-2009 by Ord. No. 2009-019]
(1) 
The subsurface sewage disposal system shall be used only for the disposal of 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 subsurface sewage disposal system is prohibited. Materials containing toxic substances include, but are not limited to, waste 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 subsurface sewage disposal 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) 
Plumbing leaks shall be repaired promptly to prevent hydraulic overloading of the system.
(7) 
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.
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 cause clogging of any part of the system.
(2) 
Grading shall be maintained in a condition that will promote runoff of rainwater and prevent ponding.
(3) 
All drainage from roofs, footing drains, ditches or swales shall be diverted away from the disposal field.
(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 compacted sand, gravel, stones or soil material in a manner which is acceptable to the Department 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 Department of Health prior to abandoning a septic system or component of a septic system.
D. 
Additional inspection and maintenance requirements for systems with grease traps.
(1) 
Grease traps 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 shall be performed by a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26-3.1.
(3) 
Equipment used in the pumping of grease traps shall meet the following requirements:
(a) 
Mobile tanks shall be securely mounted on trucks or trailers, shall be watertight and provided with a leakproof cover and shall be vented to permit the escape of gases but not the liquid or solid contents of the tank.
(b) 
Pumps and hoses shall be maintained and operated in a condition that will prevent the leakage of sewage.
(c) 
Equipment shall be available to permit accurate measurement of the volume of grease in relation to the grease retention capacity of the grease trap.
(d) 
Pumping of grease traps shall be conducted in such a manner that the entire contents of the grease trap, including both liquids and solids, are removed.
(e) 
Pumping shall be carried out in a manner that will prevent spillage of sewage onto the ground. If any spillage occurs, the solid portion shall be immediately removed and disposed of in a sanitary manner, and the area of the spill shall be disinfected using a suitable chlorine-bearing compound.
(f) 
Grease and other waste materials removed from grease traps shall be disposed of in accordance with the requirements of the Statewide Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 58:1A-1 et seq., as well as any other applicable state or local rules, regulations, ordinances or directives.
E. 
Maintenance of dosing tanks.
(1) 
Dosing tanks and associated pumps, siphons, switches, alarms, electrical connections and wiring shall be maintained in proper working order.
(2) 
Any solids that accumulate in the dosing tank shall be removed and disposed of per NJDEP procedures.
A. 
Any person, partnership, firm or corporation who or which empties, relieves or pumps out all or a portion of an individual or nonindividual sewage disposal system within the Township of West Milford shall first apply to the Department of Health to become a licensed septic sludge removal operator and submit a list of addresses of all sludge removal performed during the prior licensing term in the Township and the date of the removal. Any such license shall be for a term of one year from January 1 through December 31 and shall be subject to the payment of a fee as provided in § 300-46.
[Amended 10-4-2023 by Ord. No. 2023-022]
B. 
Prior to emptying, relieving or pumping out all or a portion of any individual or nonindividual subsurface sewage disposal system within the Township of West Milford, the licensed septic sludge removal operator shall obtain a septic pumping permit from the Township Department of Health.
C. 
The licensed septic sludge removal operator shall complete all information on the septic pumping permit and deliver one copy to the property owner and one copy to the Department of Health within 72 hours of the time that the individual or nonindividual sewage disposal system is pumped. Failure to deliver said report within the required time frame shall be considered to be a violation of this article.
D. 
In addition to the license required under Subsection A above, the pumping of septic tanks shall be performed by a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26-3c.
E. 
The Department of Health may suspend or refuse to renew the license of any septic sludge removal operator who fails to comply with this article. The license shall be revoked if the licensee fails to timely submit permits of more than 10% of the sludge removals performed during the prior three-month period and/or submitted with incomplete or inaccurate information. Renewal shall be denied if 5% of the sludge removals performed during the prior license term were not submitted in a timely manner and/or submitted with incomplete or inaccurate information.
[Amended 10-4-2023 by Ord. No. 2023-022]
F. 
Equipment used in the pumping of septic tanks shall meet the following requirements:
(1) 
Mobile tanks shall be securely mounted on trucks or trailers, shall be watertight and provided with leakproof covers and shall be vented to permit the escape of gases but not the liquid or solid contents of the tank.
(2) 
Pumps and hoses shall be maintained and operated in a condition that will prevent the leakage of sewage.
(3) 
Equipment shall be available to permit the accurate measurement of the sludge and scum levels in relation to the bottom of the outlet baffle.
G. 
Pumping of septic tanks shall be conducted in such a manner that the entire contents of the septic tank, including both liquids and solids, are removed.
H. 
Pumping shall be carried out in such a manner that will prevent spillage of sewage onto the ground. If any spillage occurs, the solid portion shall be immediately removed and disposed of in a sanitary manner and the area of the spill shall be disinfected using a suitable chlorine-bearing compound.
I. 
The entire contents of the septic sludge shall be disposed of at a sewage treatment plant designated in accordance with the county and/or state solid waste management plans pursuant to the Statewide Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 58:1A-1 et seq.
Any person aggrieved by any decision of a designee of the Department of Health made pursuant to this chapter shall have the right to appeal that decision to the Department of Health. Any aggrieved person seeking a hearing under this section shall make application to the Department in writing within 30 days of the decision to be appealed. The Department 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.
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 3.4) shall constitute a nuisance and shall be repaired, modified or replaced pursuant to an order of the Department of Health or its designee to correct the condition caused by the malfunction. Alterations shall be performed in accordance with Standards for the Construction of Individual Subsurface Sewage Disposal Systems as adopted and implemented by the Department of Health by virtue of this code and any amendments thereto.
(2) 
Any individual or nonindividual subsurface sewage disposal system which has not been maintained in accordance with N.J.A.C. 7:9A-12.3, Septic System Maintenance,[1] is hereby declared a nuisance.
[1]
Editor's Note: Former N.J.A.C. 7:9A-12.3 was repealed by R. 1993, d. 294, effective 6-21-1993.
(3) 
Any individual or nonindividual subsurface sewage disposal system which is constructed, installed, altered, operated or maintained in violation of this section, the DEP regulations, any rule or regulation promulgated pursuant to this article or any permit, certificate or license issued pursuant to this article is hereby declared to be a nuisance.
(4) 
In addition the powers provided for in N.J.A.C. 7:9A-1.1 et seq., the Department 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 subsurface sewage disposal system; inspections of system; revocation of license.
(1) 
The Department of Health shall have the right to inspect any system which shows evidence of any malfunction. Such evidence may include, but not be limited to, foul odors, leakage to ground surface, or soggy ground over system. Water and/or soil samples may be taken to confirm the existence of a malfunctioning system.
(2) 
The Department of Health may require that any malfunctioning system be corrected by servicing or by replacement or alteration of the system.
(3) 
Until any necessary replacement or alteration of a system has been accomplished, the Department 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 Department.
(4) 
No provision of this article shall be interpreted as precluding the Department of Health from revoking a license issued by the Department for the operation of a system in the event that the Department shall determine that such action is necessary and appropriate for the enforcement of this article. 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 Department of Health in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9A-3.19, the Department of Health Officer or his designee, upon presentation of identification, shall have the right to enter upon property where an individual or nonindividual subsurface sewage disposal 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 Department of Health as enumerated therein.
Fees and charges as set forth in Chapter 135, Fees and Costs, are herewith established.
A. 
A person or entity who or which violates any provisions of this article, or any term or condition of any certificate or license issued hereunder, shall be subject to a fine of not less than $100 nor more than $1,000 per day or a period of community service not to exceed 90 days, or both.
B. 
Each separate day and each violation of any provision of this article, any term or condition of any certificate or license or any notice or order issued by the Department of Health shall constitute a separate and distinct violation under this article.
C. 
Nothing in this article shall be construed as limiting the remedies of the Board of Health for violations of this article. The Department of Health may proceed under any other remedy available at law or in equity for any violation of this article or any term or condition of any certificate or license issued by the Department of Health or for any failure to comply with any notice or order issued by the Department of Health or its enforcement official under this article.