In addition to the purposes set forth in N.J.A.C. 7:9A-1.1,
it is the purpose of this chapter:
A. To establish a management program for individual and nonindividual
subsurface sewage disposal systems in the Township of Eagleswood in
order to ensure the proper operation and maintenance of such systems.
This chapter requires existing, new and proposed individual and nonindividual
subsurface sewage disposal systems to be pumped out at least once
every three years in order to minimize future malfunctions of such
systems.
B. To regulate individual and nonindividual subsurface sewage disposal
systems in the program area in such a way as to protect public health
and welfare and the environment, and to provide for a means of educating
owners/operators, as defined herein, in the characteristics of such
systems and the proper procedures for altering, operating and maintaining
them.
C. To develop a management program to maintain records and manage systems
in the program area.
D. To promote and assure the proper management and maintenance of individual
and nonindividual sewage disposal systems through time.
This chapter shall be known as the "Sewage Disposal Systems
Ordinance of the Township of Eagleswood."
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1) of
the New Jersey Department of Environmental Protection (NJDEP) Standards
for the Construction of Individual Subsurface Sewage Disposal Systems,
N.J.A.C. 7:9A-1.1 et seq., and any amendments thereto ("NJDEP Regulations")
are hereby incorporated into this chapter, with the following additions:
ACTIVE USE
For initial licenses, this term shall mean: The use or direction
of wastewater to a system after the adoption date of this chapter.
For renewal licenses, this term shall mean: The use or direction of
wastewater to a system at any time during the period of the license.
EDUCATION PROGRAM
An educational program prepared and administered by the Board
of Health regarding the fundamentals of individual and nonindividual
subsurface sewage disposal systems and the proper procedures for the
operation and maintenance of such systems. The educational program
shall be deemed to be in accordance with N.J.A.C. 7:9A-3.14.
LICENSED SEPTIC SLUDGE REMOVAL OPERATOR
Any person, firm or corporation which has been found qualified
to pump out an individual or nonindividual subsurface sewage disposal
system, and who has been registered by the state of New Jersey Department
of Environmental Protection.
MANAGEMENT DISTRICT
All areas of the Township outside of the jurisdiction of
the Pinelands Commission.
NONINDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
An on-site subsurface sewage disposal system serving a property
other than a single-family home. Such systems include but are not
limited to those systems defined in N.J.A.C. 7:9A-1.8(c)2. Typical
examples include but are not limited to commercial buildings, restaurants,
food establishments, commercial/residential mixed uses and systems
servicing multiple units.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this chapter
for the operation of an individual or nonindividual subsurface sewage
disposal system.
OWNER or OPERATOR
The person who owns or leases the realty upon which an individual
or nonindividual subsurface sewage disposal system is located and/or
the person who uses or operates said system. The owner of the realty
and the operator of the system, if different, are jointly and severally
liable for the obligations imposed by this chapter.
PLOT PLAN
A sketch drawn by the owner/operator or agent on their behalf,
showing the type (if known) and location of the individual or nonindividual
subsurface sewage disposal system servicing the property, as well
as the location and type of any on-site water supply. All plots shall
be drawn to scale and list the dimensions used.
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short
order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public or nonprofit organization,
institution or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere; and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge.
SYSTEM
An individual or nonindividual subsurface sewage disposal
system, including all of the component parts thereof.
Any person aggrieved by any decision of a designee of the Board
of Health made pursuant to this chapter shall have the right to appeal
that decision to the Board of Health. Any aggrieved person seeking
a hearing under this section shall make application to the Board in
writing within 30 days of the decision to be appealed. The Board of
Health shall schedule the matter for a hearing within 45 days thereafter.
The hearing shall be conducted at a meeting held pursuant to the Open
Public Meetings Act.
In furtherance of the rights granted to the Board of Health
in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9-3.19, the Township Engineer
or his designee, upon presentation of identification, shall have the
right to enter upon property where an individual or nonindividual
subsurface sewage disposal system is located for the purpose of observation,
inspection, monitoring and/or sampling of the on-site sewage disposal
system. This authority is exercised by virtue of N.J.S.A. 26:3-31
as a necessary and reasonable method of furthering the duties of the
Board of Health as enumerated therein.
Fees for the following shall be as set forth in Chapter
135, Fees:
C. Board of Health inspection at time of license renewal.
D. Septic sludge removal operator permit.
E. Septic sludge removal permit.