Pursuant to N.J.S.A. 40:49-5.1 and N.J.S.A.
26:3-69.2, the Township hereby adopts by reference Chapter 9A of Title
7 of the New Jersey Administrative Code (Department of Environmental
Protection) entitled "Standards for Individual Subsurface Sewage Disposal
Systems," as amended, which is currently codified at N.J.A.C. 7:9A-1.1
et seq. As required by law, three copies of Standards for Individual
Subsurface Sewage Disposal Systems are on file in the office of the
Township Clerk and three copies are on file in the Health Department
for the use and examination of the public.
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1 et
seq.) 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, the use or direction of wastewater
to a system after the adoption date of this chapter. For renewal licenses,
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 Township
Office 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 issued a license by the State of New Jersey
Department of Environmental Protection.
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(a)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
An operation that:
A.
Stores, prepares, packages, serves, vends or otherwise provides
food for human consumption, such as a restaurant; satellite or catered
feeding location; catering operation if the operation provides food
directly to a consumer or to a conveyance used to transport people;
market; vending location; conveyance used to transport people; institution;
or food bank; and
B.
Relinquishes possession of food to a consumer directly, or indirectly
through a delivery service, such as home delivery of grocery orders
or restaurant takeout orders, or delivery serve that is provided by
common carriers.
SYSTEM
An individual or nonindividual subsurface sewage disposal
system, including all of the component parts thereof.
No new subsurface sewage disposal system shall 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 Township Department of Health and Human Services shall have
issued a certificate indicating that the subsurface sewage disposal
system has been located and constructed in compliance with the terms
of the permit issued and the requirements of this Code. Issuance of
such certificate shall not be required for alterations to an existing
individual subsurface sewage disposal system. The Township Department
of Health and Human Services may issue such a certificate if an engineer
licensed to practice professional engineering in the State of New
Jersey submits a signed written statement to the Township Department
of Health and Human Services that the subsurface sewage disposal system
has been located and constructed in accordance with the terms of the
permit issued and the requirements of this Code.
Any person aggrieved by any decision of a designee of the Township
Department of Health and Human Services made pursuant to this chapter
shall have the right to appeal that decision to the Township Council.
Any aggrieved person seeking a hearing under this section shall make
application in writing to the Township Clerk within 30 days of the
decision to be appealed. The Township Clerk shall schedule the matter
for a hearing on the agenda for the next regular meeting of the Township
Council. The hearing shall be conducted at a meeting held pursuant
to the Open Public Meetings Act.
In furtherance of the rights granted to the Township Department
of Health and Human Services in N.J.S.A. 26:3-45 et seq. and N.J.A.C.
7:9-3.19, any employee or agent of the Township Department of Health
and Human Services, 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
Township Department of Health and Human Services as enumerated therein.