A code regulating the location, construction, use, maintenance
and method of emptying or cleaning individual sewage disposal systems
and the issuance of licenses or permits to locate, construct, empty
or clean such systems and fixing penalties for the violation thereof,
except, however, certain sections of such code hereinafter more particularly
set forth, is hereby established pursuant to the provisions of N.J.S.A.
26:3-69.1 to 26:3-69.6 (P.L. 1950, c. 188).
The code established and adopted by this article is described
and commonly known as the "Standards for Individual Subsurface Sewage
Disposal Systems (1993)." The sections of such code which are not
intended to be adopted by this article, all of which are plainly marked
in the copy thereof hereto annexed, are as follows:
A.
Section 2.12, dealing with the location of private sewage disposal
system.
B.
Section 4.2, dealing with the construction of building sewers.
C.
Section 5.1, dealing with the septic tank capacities.
D.
Section 5.2, dealing with the septic tank capacity when domestic
garbage grinder units are installed.
E.
Section 5.6, dealing with the construction material of septic tanks.
F.
Section 8.4.
Three copies of the Standards for Individual Subsurface Sewage
Disposal Systems, with the deletions similarly marked, have been placed
on file in the office of the Borough Clerk upon the introduction of
this article and will remain on file in such office for the use and
examination of the public.
Individual sewage disposal systems or other means of private sewage disposal shall not be approved where a sanitary sewer is available within 150 feet of the property line pursuant to § 384-5.
Septic tanks shall have the following minimum capacities:
A.
A one-family dwelling shall have a septic tank with a minimum capacity
of 1,000 gallons and shall have a liquid depth not less than four
feet.
B.
When serving installations other than single-family dwellings, capacities
shall be 1 1/2 times the daily flow determined from Section 2.2
of the state code or 1 1/2 times the estimated flow approved
by the administrative authority up to flow of 2,000 gallons per day,
but in no case shall the capacity be less than 1,000 gallons. Septic
tank volumes for flows between 2,000 gallons per day and 6,000 gallons
per day may be equal to 2,250, plus 0.37 Q, where Q is equal to the
flow in gallons per day. Capacity of septic tanks for flows over 6,000
gallons per day shall be at least 3/4 of the daily flow.
The installation and subsequent operation of garbage grinder
units for garbage disposal is hereby prohibited.
Septic tanks shall be constructed only of pre-cast reinforced
concrete.
No person shall locate, construct or alter any individual sewage
disposal system until a permit for such location, construction or
alteration of such sewage disposal system shall have been issued by
the Department of Health. Such permit shall be valid for the period
of one year, and renewals thereof shall be subject to a new percolation
test and soil log.
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 Department of Health shall have issued a certificate indicating
that the 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.
No person shall engage in the business of constructing, renovating,
altering or modifying disposal systems, cesspools or privies unless
such person shall first obtain a license to engage in such business.
Such license shall expire on the 31st day of December next succeeding
the date of issue and may be renewed by the Department of Health.
The Department of Health may require an examination of the fitness
and ability of any applicant notwithstanding that a license may have
been granted such applicant at any time prior thereto. The license
may be revoked for failure of the licensee to comply with the provisions
of the code or any other rule or ordinance of the Department of Health.
In case any license or permit or certification required by this
article is denied by the Department of Health, a hearing shall be
held thereon before the Department within 15 days after request therefor,
in writing, is made by the applicant. Upon such hearing, the Department
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of the hearing.
The Department 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.
A.
No septic tanks or appurtenances shall be constructed, repaired or
rebuilt within the Borough unless a permit for the constructing, repairing
or rebuilding thereof shall have been issued by the Department of
Health upon a written application therefor filed by the owner of the
property on which it is proposed to construct such a tank or his duly
authorized representative. The application shall be accompanied by
a sketch showing the proposed installation in detail and clearly indicating
the location of the property upon which the proposed septic tank is
to be built. The location of the tank must be approved by the Department
of Health before a permit for the construction of such tank will be
issued.
B.
No building permit shall be issued by the Building Inspector for
the construction, alteration or modification of a building requiring
sanitary facilities in the Borough until and unless the application
for such permit has been approved by the Department of Health.
C.
Septic tanks hereinafter installed shall be covered with at least
one foot of earth.
D.
When the septic tank is in place and all laterals or seepage beds
are constructed or the seepage bed is completed, the entire work shall
be left open until inspection is made by the Inspector. When it is
ready for inspection, the Department or the Inspector shall be notified
24 hours in advance of the desired inspection.
E.
If the workmanship or materials are found defective or are not in accordance with the above specifications, they shall be corrected within one week to conform to the specifications hereinabove set forth, and a fee as provided in Chapter 34, Fees, § 34-11, shall be paid to defray the expense of each subsequent inspection which shall be made by the Inspector and in the same manner as the first inspection.[1]
F.
No building shall be occupied as a dwelling until final inspection
is made, and the contractor shall be responsible for the proper condition
of the work until it is finally approved, as evidenced by a certificate
of occupancy.
G.
No certificate of approval shall be issued by the Inspector until
and unless the work is performed in a thoroughly workmanlike manner
and the materials are of the type and standards above specified and
all inspection fees have been paid.
Any existing septic tank found, upon inspection by the Inspector,
to be defective or inadequate shall, upon written notice from the
Inspector to the owner or his agent, be corrected to comply with the
provisions of the code within the time specified in the notice.
Septic tanks shall be caused to be emptied by the occupant or
owner of the premises served by such tank when, in the judgment of
the Department of Health, such emptying becomes necessary in the interests
of the health of the community. Upon failure to empty a septic tank
within the specified time in a written notice from the Department
of Health, the Department of Health shall cause the work to be done
and the cost charged to the property upon which such septic tank is
located.
The contents of any septic tank, cesspool, privy or other receptacle
containing human excrement shall not be removed until a permit for
such removal has been obtained from the Department of Health.
Where soil or other conditions make it impossible to comply
with the specifications hereinabove set forth respecting septic tanks,
the Department of Health may, in its discretion and upon a written
application from the owner of the property affected, permit such modifications
of the above specifications as, in the judgment of the Department
of Health, are advisable and as are not inimical to the health of
the citizens of the Borough.
The Department of Health requires of all contractors that portable
toilets of the chemical type acceptable to the Department are provided
for the use of their construction workers. The contractor is required
to maintain such toilets in a sanitary manner as approved by the Department.
See also Section E 200, Paragraph 2.7, of the Plumbing Code of New
Jersey.
No owner, tenant or occupant of any premises shall allow the
contents of any sewage disposal system to overflow therefrom or to
become offensive to sight or smell, nor shall any person throw, cast,
place or deposit in any sewage disposal system or other such place
any dead animals, swill, ashes, garbage, rubbish, offal or any substance
not appropriate to the purpose for which the system was intended.
No portion of laterals or seepage beds or cesspools used for
the reception or storage of human excrement or other wastes shall
hereafter be built or maintained within 10 feet of the line of any
street, road, lane or alley or within 10 feet of any party line or
fence of the adjacent lot or lots or within 20 feet of the foundation
wall of any house or within 100 feet of any well, spring or stream
of water, unless otherwise permitted by the Department of Health.
No sewage disposal system or other such place shall be completed nor
shall any cover be put upon the same until it has been inspected by
an inspector of the Department of Health and has been found to comply
with the terms of the permit and the provisions of the code.
Any permit issued for the construction of any sewage disposal
system or other such place or for the emptying or cleaning of a sewage
disposal system or other such place may be revoked by the Department
of Health at any time if the owner or tenants of the property on which
the sewage disposal system or other such place is located shall maintain
the same in violation of law or of the State Sanitary Code or of the
code or of any rule of the Department.
No scavenger shall operate without first annually registering
with the Department and exhibiting a valid New Jersey Department of
Environmental Protection Licensing and Registration Unit permit and
demonstrating that all vehicles and equipment intended for use in
the Borough and the premises from which the registrant's business
is conducted comply with the Individual Sewage Disposal System Code
and other applicable ordinances.
No person shall engage in the business of cleaning sewage disposal
systems in the Borough without obtaining a license known as a "scavenger's
license" from the Department of Health to do so, which license shall
continue for the term of one year from the date of granting. Such
license may be revoked, after hearing, by the Department if the licensee
or his employee or agent shall violate any section of the code or
any ordinance or rule of the Department in cleansing of any sewage
disposal system or in removing the contents thereof.
All vehicles or conveyances used in the business of scavenging
in the Borough shall be such as may be approved by the Department
of Health; they shall be kept clean and inoffensive, and receptacles
shall be kept covered tightly, with covers of approved type, except
when opened for the loading or discharge of contents or for cleaning.
No vehicle so used shall stand in the streets except while being loaded.
The materials collected or handled by any scavenger shall be disposed
of outside the limits of the Borough.
It shall be unlawful to construct any drain or sewer or pour
foul liquids on the surface of the ground in such a manner as to become
a source from which offensive odors shall emanate or in such manner
as to pollute the ground, air or water or to be a risk of being detrimental
to the health of persons living or passing in the vicinity thereof,
and any such act is hereby declared to be a nuisance.
The owner, tenant, manager or other person in charge or control
of any premises in the Borough wherein a public lavatory, washroom,
comfort station or other place of a like nature to which the general
public has the right to access is maintained shall keep the place
in a sanitary condition at all times and shall provide a sufficient
quantity of individual towels so that each person using such public
lavatory shall have a separate, clean towel for his use; such separate
towels shall, after one use, be disposed of in a waste receptacle
and not used again, except, if cloth towels, they shall have been
thoroughly cleansed, boiled and sterilized.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000[1]]
Any person, firm or corporation who or which shall violate any of the provisions of this Part 2 shall, upon conviction, be subject to a penalty as provided in § 1-2 of this Code, and each violation of any of the provisions of this Part 2 and each day the same is violated shall be deemed and taken to be a separate and distinct offense. The application of the above penalty shall not be held to prevent any proceeding for suspension or revocation of licenses or permits.
