[HISTORY: Adopted by the Board of Health of the Township of Liberty 6-1-1970. Amendments noted where applicable.]
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems, the issuance of permits to locate, construct, empty or clean said systems and fixing penalties for the violation thereof is hereby adopted pursuant to P.L. 1950, c. 188 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
This chapter shall include, but not be limited to, the State of New Jersey Department of Environmental Protection Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1.1 et seq.
[Added 3-5-1990 by Ord. No. 2-90]
Said code established and adopted by this chapter is described and commonly known as the "Individual Sewage Disposal System Code of New Jersey (1963)."
Three copies of said Individual Sewage Disposal System Code of New Jersey (1963) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and will remain on file in said office for the use and examination of the public.
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.
The Board of Health may issue a permit if an application for the same 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.
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 said disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code.
The Board of Health may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement, in writing, signed by him, to the Board of Health that said disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the aforesaid code.
[Added 12-5-1988 by Ord. No. 25-88; amended 9-8-1997 by Ord. No. 97-12]
All inspections and percolation tests shall be conducted in accordance with the regulations of the Warren County Board of Health and/or any other agency designated by Liberty Township to be the official agency providing the permitting and inspection services provided for in this chapter. Fees to be paid for said services shall be as contained in the inspecting agency's rules and regulations or as may otherwise be provided by law.
[Added 10-7-2003 by Ord. No. 10-2003]
Primary and reserve disposal system areas shall be assigned for sewage disposal and shall be selected and maintained so that they are free from encroachments by driveways, accessory buildings, additions to the main building, patios, decks and trees or shrubbery whose roots could potentially clog any part of the system.
A reserve area shall be established on the property for future expansion or replacement of the primary system. The area shall meet all of the site suitability and testing requirements of the primary system area and shall be indicated on the plan accompanying the application as "Reserve System." No permanent improvements shall be installed within or adjacent to this reserved area which will adversely effect its use as an individual subsurface sewage disposal system.
Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement who do not hold a license to engage in such business issued by the Board of Health. Such licenses shall be valid for a period of one year from the date of issuance, but may be revoked for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Board of Health.
In case any license, 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 therefor is made by the applicant, and, 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.
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 such violation and, thereafter, the work continued without any violation of any of the provisions of the code, and, after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system or any part thereof, no further work shall be done thereon except as aforesaid.
The following fees and charges are herewith established:
For the filing of an application and plans for a permit to locate and construct an individual sewage disposal system: $1.
For the filing of an application and plans for a permit to alter an existing individual sewage disposal system: $1.
For the issuance of a permit to locate and construct or alter an individual sewage disposal system: $5.
For each reinspection of an individual sewage disposal system or part thereof caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the aforesaid code: an inspection fee of $15.
For the issuance or renewal of a license to a person or corporation engaged in the business of cleaning or emptying receptacles for the reception and storage of human excrement or other putrescible matter: $5 for each vehicle or conveyance.
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this chapter or the Individual Sewage Disposal System Code of New Jersey (1963) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.