Township of Morris, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Morris as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Water Pollution Control Committee — See Ch. 9, Art. II.
Water Pollution Control Utility — See Ch. 146, Art. I.
Sewers and sewage disposal — See Ch. 410.
Water — See Ch. 493.
Housing Code — See Ch. 558.
[Adopted 8-13-1964 by Ord. No. H19-64 (Ch. 114, Art. I, of the 1969 Code)]
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems, the issuance of licenses or permits to locate, construct, empty or clean said systems and fixing penalties for the violation thereof is hereby adopted pursuant to Chapter 188, P.L. 1950 (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.
[Amended 7-21-2010 by Ord. No. 12-10]
The code established and adopted by this article is described and commonly known as "N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage Disposal Systems."[1]
[1]
Editor's Note: Original § 114-3, Filing of public copies, of the 1969 Code, which immediately followed this section, was repealed 7-21-2010 by Ord. No. 12-10.
A. 
No person shall locate, construct, reconstruct, repair or alter any individual disposal system until a license or a permit for the location, construction, reconstruction, repair or alteration of said sewage disposal system shall have been issued by the Board of Health.
[Amended 7-13-1983 by Ord. No. 25-83]
B. 
The Board of Health may issue a license or 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.
C. 
All licenses or permits issued under this section shall expire and be of no force and effect 18 months after the approval of the application for the same by the Board of Health.
[Added 8-8-1979 by Ord. No. 25-79]
A. 
New, reconstructed, repaired or altered 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 license or permit issued and the requirements of the aforesaid code.
[Amended 7-13-1983 by Ord. No. 25-83; 6-11-1986 by Ord. No. 11-86]
B. 
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 license or permit issued and the requirements of the aforesaid code.[1]
[1]
Editor's Note: Original § 114-6, Licenses required to clean receptacles, of the 1969 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
In case any license or permit or certification required by this article 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.
[Amended 4-8-1981 by Ord. No. 9-81; 5-16-2001 by Ord. No. 6-01; 7-21-2010 by Ord. No. 12-10]
The following fees and charges are hereby established:
A. 
For the filing of an application and plans for a license or permit to locate and construct an individual sewage disposal system: $250.
B. 
For the filing of an application and plans for a license or permit to alter an existing individual disposal system: $150.
C. 
For the issuance of a license or permit to locate and construct or alter an individual disposal system: $50.
D. 
For each reinspection of an individual sewage disposal system or part thereof caused by the failure of the licensee or permittee to locate and construct or alter the same in accordance with the terms of the license or permit issued or the terms of the aforesaid code: $50.
E. 
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: $25 for each vehicle or conveyance.[1]
[1]
Editor's Note: Original § 114-9F of the 1969 Code, which pertained to fees for licenses to clean or empty receptacles used for human excrement or other putrescible matter, and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
For the witnessing of soil log and/or percolation test, for a new or altered disposal system: $100.
G. 
For the filing of an application for a permit to repair an individual subsurface sewage disposal system: $50.
A. 
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this article or N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage Disposal Systems, made a part hereof, shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $1,000 for each violation.
[Amended 7-21-2010 by Ord. No. 12-10]
B. 
Each day a particular violation continues shall constitute a separate offense.
[Adopted 2-10-1982 by Ord. No. 6-82 (Ch. 114, Art. II, of the 1969 Code)]
It is hereby declared by the Board of Health of the Township of Morris that individual sewage disposal systems that are no longer servicing the structure for which they were designed and individual sewage disposal systems that have not been properly constructed or maintained or that do not function properly are public nuisances and dangerous to the public health and safety and should therefore be abandoned and filled with inert material.
[Amended 9-11-1985 by Ord. No. 28-85]
Therefore, upon the connection of a structure's plumbing to a public sanitary sewer, the individual sewage disposal system serving such structure shall be abandoned, and all septic tanks, seepage pits, cesspools and other devices used in connection therewith shall be pumped out and filled with inert material within 90 days after the connection of such structure's plumbing to a public sanitary sewer. The Board of Health may, upon written request, extend the ninety-day period set forth above. On or before the expiration of the above-referenced 90 days, after the connection of the structure's plumbing to a public sanitary sewer, the owner of the structure shall forthwith file with the Board of Health of the Township of Morris a certificate, under oath, stating that the individual sewage disposal system serving such structure has been pumped out and filled with inert material, and the Board of Health shall cross-reference said certificate with the list of sewer connections made and approved by the Engineering Department of the Township of Morris.
The Board of Health may require that the maintenance, continuation or use of any existing septic tank, seepage pit or cesspool be discontinued, the contents be removed and any such septic tank, seepage pit or cesspool be filled with inert material within the time prescribed by the Board of Health whenever the maintenance, continuation or use of such septic tank, seepage pit or cesspool constitutes a nuisance, a safety hazard or is dangerous to the public health.
Any person, persons or corporations violating any of the provisions of this article shall, upon a conviction thereof for such violation, be subject to a penalty or fine of not more than $500 nor less than $5, in the discretion of the Judge imposing such fine or penalty.