Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Adopted 10-1-1990 by Ord. No. 543-90]
The provisions of this article shall apply to and govern any property within the Borough of Milford which is not at this time connected to or required to be connected to the sanitary sewer service of the Borough of Milford.
A. 
Pursuant to the provisions of N.J.S.A. 26:3-69.1 et seq., the standards for the location, construction, use, maintenance and method of cleaning and emptying of individual subsurface sewage disposal systems and fixing penalties for the violation thereof are hereby adopted as positive law in the Borough of Milford.
B. 
The standards referred to in Subsection A of this section are as set forth in N.J.A.C. 7:9A-1.1 et seq., dated August 21, 1989, and effective January 1, 1990, as promulgated pursuant to N.J.S.A. 58:11-23 et seq. A copy of said standards is annexed hereto and made a part hereof without inclusion of the text thereof herein.
Three copies of said standards have been placed on file in the office of the Borough Clerk upon the introduction of this article and will remain on file in said office for the use of and examination by the public.
All provisions of this article, including the collection of fees as set forth herein, shall be enforced by the Hunterdon County Division of Public Health Services, which is hereby designated the agent of the Borough of Milford for this purpose.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
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 enforcement authority.
B. 
The enforcement authority 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, a health officer, a sanitarian or any other person who may be approved by the Borough of Milford or the enforcement authority. Such certificate shall state that the design of the subsurface individual sewage disposal system as proposed is in compliance with the standards set forth herein.
C. 
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 enforcement authority 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. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.
D. 
The enforcement authority may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey, a health officer, a sanitarian or any other person who may be approved by the enforcement authority submits a statement, in writing, signed by such person, to the enforcement authority 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.
A. 
Individual subsurface sewage disposal systems shall be emptied and cleaned as provided in the standards adopted pursuant to § 156-8A.
B. 
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 enforcement authority. Such licenses shall be valid for a period of one year from the date of issuance but may be renewed by the enforcement authority. Said license may be revoked for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Borough of Milford or enforcement authority.
A. 
In case any permit or certification required by this article is denied by the enforcement authority, a hearing shall be held thereon before the Common Council within 15 days after request therefor is made by the applicant, and upon such hearing, the Common Council shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
B. 
The Borough of Milford or the enforcing authority 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.
A. 
The enforcement authority shall collect such fees as it may, from time to time, establish for the performance of all services herein set forth.
B. 
In addition to the foregoing, the enforcement authority shall collect and pay over to the Borough of Milford, for the use of said Borough, the fees prescribed in Chapter 10, Fees, of this Code for the issuance of any permit, certification or license herein required and for any hearing requested pursuant to § 156-13A.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this article or the standards made a part hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $500 for each violation.
B. 
Each day a particular violation continues shall constitute a separate offense.
C. 
The penalties set forth herein shall be in addition to the civil penalties set forth in N.J.A.C. 7:9A-1.7.