[Adopted 7-18-1966 (Ch. 312, Art. I, of the 1990 Code)]
A code regulating the location, construction, use, maintenance
and method of emptying or cleaning individual sewage disposal systems
and 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 3-69.6). A copy
of said code is annexed hereto and made a part hereof without the
inclusion of the text thereof herein.
[Amended 10-12-1978 by Ord. No. B-2-78; 3-1-1990 by Ord. No. B-2-90; 3-18-2015 by Ord. No. BOH]
The code established and adopted by this article is described
and commonly known as the "Standards for Individual Subsurface Sewage
Disposal Systems (2012)."
[Amended 10-12-1978 by Ord. No. B-2-78; 3-1-1990 by Ord. No. B-2-90; 3-18-2015 by Ord. No. BOH 2015-1]
Three copies of said Standards for Individual Subsurface Sewage
Disposal Systems (2012) have been placed on file in the office of
the Secretary, Clerk or other similar officer of this Board of Health
upon the introduction of this article and will remain on file in said
office for use and examination by the public.[1]
[1]
Editor's Note: Original § 107-6 of the 1973 Code,
Emptying or cleaning septic tanks, cesspools and privies; licensing,
which immediately followed this section, was repealed 4-3-1986 by
Ord. No. B-2-86.
[Amended 3-1-1990 by Ord. No. B-2-90]
A.
No person, firm or corporation can locate, construct, alter, repair
or operate any individual sewage disposal system until a permit for
location, construction, alteration, repair or operation of said sewage
disposal system shall have been issued by the Board of Health.
B.
A permit shall not be required for an existing sewage disposal system
until such time when the system is altered, repaired or upgraded.
[Amended 3-1-1990 by Ord. No. B-2-90]
All newly constructed, altered or repaired individual sewage
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 of compliance indicating that said sewage
disposal system has been located, constructed, altered or repaired
in compliance with the terms of the permit issued and the requirements
of the aforesaid code.
All newly constructed, altered and repaired individual sewage
disposal systems shall require a license to operate from the Mount
Olive Township Board of Health. All licenses to operate shall expire
at the completion of three years. A license shall not be renewed unless
the licensee has submitted the following information to the Board
of Health:
A.
Evidence of the pumping of septic tanks which has been performed
by a septage waste hauler registered with the Township and the New
Jersey Department of Environmental Protection in accordance with the
requirements of N.J.A.C. 7:26-3.1 et seq.; or
B.
A septic system inspection report shall be prepared by a licensed
health officer, a licensed professional engineer or a registered environmental
health specialist indicating that the system has been maintained and
does not need pumping. An inspection of the system shall be required
on or before the date of the expiration of the license permitting
operation and every year thereafter.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
In case any permit or certification required by this article
is denied by the Board of Health, a hearing shall be held thereon
before the Board within 30 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 30 days after the date of such hearing.
[Amended 12-8-1970 by Ord. No. B-5-70; 8-8-1974 by Ord. No. B-2-74; 5-8-1975 by Ord. No. B-2-75; 3-1-1990 by Ord. No. B-2-90]
The Board of Health may order all further work in and about
any individual sewage disposal system which is being constructed,
altered or repaired in violation of the code to be stopped forthwith,
except such work as shall be necessary to remedy such violation, and,
thereafter, the work may be continued without any violation of any
provisions of the code; and after issuance of any such order and a
service of a copy thereof upon any person connected with or working
in or about the construction, alteration or repair of any such disposal
system or any part thereof, no further work shall be done thereon
as aforesaid.
[Added 5-8-1975 by Ord. No. B-2-75; amended 10-12-1978 by Ord. No.
B-2-78; 10-1-1985 by Ord. No. B-10-84; 5-1-1986 by Ord. No. B-5-86; 9-4-1986 by Ord. No. B-11-86; 3-18-2015 by Ord. No. BOH 2015-1]
The Standards for Individual Subsurface Sewage Disposal Systems (2012) adopted by reference by § 445-1 herein are hereby amended, modified and altered in accordance with the following provisions, which shall supersede said code:
A.
Size; percolation rate.
(1)
There shall be a minimum of two septic tanks installed in a series
for new buildings, with a minimum size of 1,000 gallons each or as
required by this code. Also, one of the septic tanks can be replaced
by using an aerobic-treatment unit or any other device according to
this code.
(2)
The maximum acceptable percolation rate shall not exceed 45 minutes
per inch, nor shall the maximum acceptable permeability rate be slower
than 0.6 inch per hour.
(a)
The applicant for the permit shall submit to the Board of Health
a complete application, along with all the other necessary supporting
data, a minimum of 10 days prior to the meeting date. Completeness
of the application shall be determined at the discretion of the Health
Officer and not unreasonably withheld.
(b)
There shall be a hearing before the Township Board of Health
for evaluation of the design and to grant an approval for the proposed
individual sewage disposal system to protect the health of the Township
residents. The Board may require the applicant to provide for a system
in excess of the standards established by the code or ordinance to
ensure the protection of the health of the Township residents.
(3)
All new individual or other-than-individual subsurface disposal systems
shall have an area equal to 100% of the disposal area reserved as
an area for future expansion or replacement of the system. This area
shall meet all the site requirements applicable to the initial installation
and shall be shown on the plan and marked "reserved for disposal area
expansion." No permanent improvement shall be installed within or
adjacent to this reserved area which will adversely affect its future
use as a disposal area.
B.
Minimum distances.
(1)
All new disposal fields, seepage pits, trenches, septic tanks and
dry wells shall be constructed not less than 100 feet from any watercourse,
water well or water supply system.
(2)
The term "watercourse" shall mean any lake, pond, inlet, cove, river,
stream, pool, swamp, wetland, bog, seasonal stream or ditch which
carries water or which has the potential to carry water and all other
bodies and courses of water.
(3)
Exception. Any and all existing properties containing realty improvements which may require new water wells and/or new septic systems shall be exempt from the provisions of Subsection B(1) above if said provisions cannot be adhered to.
(4)
Where the distance is less than the 100 feet required in Subsection B(1) above, no building is to be permitted except on appeal to the Mount Olive Township Board of Health at a regular public hearing and upon submission of adequate evidence by the applicant that there will be no health hazard created. The burden of proof shall be on the applicant.[1]
[1]
Editor’s Note: Former Subsections B(5), requiring final
location determination by the Sanitary Inspector, and B(6), requiring
sewer systems to be located more than 30 feet from any swimming pool,
were repealed 3-18-2015 by BOH Ord. No. 2015-1.
[Added 10-12-1978 by Ord. No. B-2-78; amended 4-12-1984 by Ord. No.
B-3-84; 5-2-1985 by Ord. No. B-3-85; 3-1-1990 by Ord. No. B-2-90]
A.
All soil log profile pits shall be observed and logged in the field
by a New Jersey licensed professional engineer. The soil logs and
soil permeability tests performed in the field shall be observed by
a New Jersey licensed professional engineer in the presence of a representative
of the Mount Olive Township Health Department.
B.
All soil log and permeability tests performed after January 1, 1990,
shall remain valid for a period of five years. After this time period,
the testing will have to be performed again. This time period may
be reduced if the test results are unsatisfactory to the representative
of the Mount Olive Township Health Department and additional testing
is deemed necessary by the Board of Health.
[Amended 8-8-1974 by Ord. No. B-2-74; 10-12-1978 by Ord. No. B-2-78; 4-12-1984 by Ord. No. B-4-84;1-10-1985 by Ord. No. B-8-84; 5-2-1985 by Ord. No. B-1-85; 9-4-1986 by Ord. No. B-9-86; 2-4-1988 by Ord. No. B-1-88; 9-1-1988 by Ord. No. B-3-88; 9-7-1989 by Ord. No. B-4-89; 3-1-1990 by Ord. No. B-2-90; 12-6-1990 by Ord. No. B-10-90; 3-18-2015 by Ord. No. BOH 2015-1; 10-19-2022 by Ord. No.
BOH 2022-01]
Fees and charges are hereby fixed as set forth in § 412-1.
[Added 12-9-1969 by Ord. No. B-6-69]
No person, firm or corporation shall engage in the business
of installing individual or any other type of sewage disposal systems
in the Township of Mount Olive unless and/or until such person, firm
or corporation has demonstrated a thorough knowledge of the law applicable
to the installation of individual sewage disposal systems.
A.
Application and examination.
[Amended 10-1-1981 by Ord. No. B-2-81]
(1)
Application. Any person, firm or corporation proposing to install
any sewage disposal system in the Township of Mount Olive shall make
application to the Board of Health. An applicant must show proof that
he is at least 21 years of age, is a citizen of the United States
and has had at least two years' experience in the installation of
individual sewage disposal systems, or the equivalent thereof.
(2)
Examination. The Board of Health or its authorized agent shall administer
an examination to each applicant. Such examination shall test the
knowledge and ability of the applicant as an installer of individual
sewage disposal systems in accordance with the provisions of this
code and any state code or statutes relating to individual disposal
systems. Any applicant who fails to qualify may request a second examination
to be administered not less than one month after the first. However,
no more than two examinations shall be administered to any applicant
in any one year.
B.
Issuance of license. The Mount Olive Township Board of Health shall
issue an appropriate license to each applicant who has successfully
passed the examination for a license to build and install individual
sewage disposal systems in Mount Olive Township. Such license shall
not be transferable. Licenses held in other towns shall not be accepted
in lieu of taking the examination.
C.
Renewal of license. All licenses to build and install individual
sewage disposal systems in Mount Olive Township shall expire on the
last day of December of each year and shall be renewed for the ensuing
year prior to any work being done during said year.
D.
Revocation of license. The license held by a certified installer
of individual sewage disposal systems in Mount Olive Township may
be suspended or revoked by the Mount Olive Township Board of Health
or by the Board's authorized agent should the holder of such license
be shown to be incompetent in his work or should it be proven that
said license was obtained through fraudulent means or misrepresentation.
E.
License fees. A fee hereby fixed as set forth in § 412-1 shall be paid annually by each certified installer of individual sewage disposal systems for a license to operate in the Township of Mount Olive.
[Amended 4-3-1986 by Ord. No. B-2-86; 2-4-1988 by Ord. No. B-1-88; 3-18-2015 by Ord. No. BOH 2015-1; 10-19-2022 by Ord. No. BOH 2022-01]
[Added 10-13-1994 by Ord. No. B-1-94]
A.
The owners of all houses, buildings, public buildings or properties
used for human occupancy, employment or recreation or other purposes,
requiring toilet facilities, situated within the Township and abutting
on or having a permanent right-of-access to any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Township are hereby required, at their expense,
to install suitable toilet facilities in accordance with Township
codes and to connect such facilities directly with the public sanitary
sewer in accordance with the provisions of this section within 90
days after the date of official notice from the Township of Mount
Olive to do so, provided that said public sewer is within 100 feet
of any property line or right-of-access and a sufficient capacity
for additional sewer does exist. The sewer service charge for the
use of the sewer shall begin 90 days after the date of official notice
as set forth above.
B.
Within 30 days of the connection of houses, buildings, public buildings or properties used for human occupancy, employment or recreation or other purposes to the public sanitary sewer as provided in Subsection A, any septic tanks, cesspools and similar individual sewage disposal facilities shall be abandoned and filled, at the owner's expense, with suitable material approved by the Township Health Officer.
[Amended 8-8-1974 by Ord. No. B-2-74; 10-19-2022 by Ord. No. BOH 2022-01]
All permits referred to in § 412-1 hereof shall be issued by and all fees shall be paid to the Board of Health. The enforcing official shall cause all fees to be turned over to the Mount Olive Township Treasurer on the same day they are received.
[Amended 3-1-1990 by Ord. No. B-2-90]
A.
Any person or persons, firm or corporation violating any of the provisions
of or any order promulgated under this article or the Standards for
Individual Subsurface Sewage Disposal Systems (2012) made a part hereof
shall, upon conviction thereof, pay a penalty of not less than $200
nor more than $1,000 for each violation.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
B.
Each day a particular violation continues shall constitute a separate
offense.
