[Adopted by Ord. No. 27-90 (Ch. 15, Sec. 15-10, of the 1978 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
The subdivision of the Department of Health of the Township
of Denville, County of Morris and State of New Jersey.
[Amended 11-20-2018 by Ord. No. 27-18]
Any corporation, partnership, limited partnership, proprietorship,
association, organization, club, contractor or the like.
A system for the disposal of sanitary sewage into the ground
which is so designed and constructed to treat sewage in a manner that
will retain most of the settleable solids in a septic tank and to
discharge the liquid portion to an adequate disposal field.
The New Jersey Administrative Code.
A.
The standards set forth in New Jersey Statutes Annotated 58:11-23 et seq., including 58:11-36 and the amendments thereto, as well as Chapter 7:9A-1.1 through 7:9A-12.8 of the New Jersey Administrative Code and the supplements and additions thereto, are hereby adopted by this article and incorporated herein.
B.
Three copies of the statute and code sections herein cited (one copy
attached hereto as Schedule A) shall be on file with the Division
of Health for the use and examination of the public, upon the introduction
of this article and will remain on file there until final action is
taken on said ordinance.
[Amended 11-20-2018 by Ord. No. 27-18]
No person or entity shall locate, construct, or alter any individual
sewage disposal system, nor shall a completed or altered system be
backfilled without the approval of the Division of Health.
A.
The Division of Health shall examine all applications for permits,
and approve or deny in whole or in part the application within 30
days. If the application is denied in whole or in part, the Division
of Health shall set forth the reason therefor in writing. If the Division
of Health fails to grant in whole or in part, or deny an application
within 30 days, such failure shall be deemed a denial of the application
for the purposes of an appeal as provided by law, unless such period
of time has been extended with the consent of the applicant.
B.
Suspension of permit. Any permit issued shall become invalid if the
authorized work is not completed within one year after the issuance
of the permit. The Division of Health may consider an extension beyond
the one-year period completion date, provided an application is made,
in writing, prior to the termination of the one-year period explaining
the reason for the delay. Said extension, if granted, shall not exceed
three months commencing from the original date of termination.
C.
Approved plans. The Division of Health shall stamp or endorse, in
writing, the approved plans. One set of approved plans shall be retained
by the Division of Health and the other set shall be kept on the construction
site open to inspection by the Division of Health or its authorized
representative at all reasonable times.
D.
Revocation of permits. The Division of Health may revoke a permit
or approval issued under the provisions of the code in case of any
false statements or misrepresentation of fact in the application or
on the plans on which the permit or approval was based.
E.
Posting of permit. A true copy of the permit shall be kept on the
site of operations open to inspection during the entire time of prosecution
of the work and until the completion of same.
F.
Notice of start. At least 72 hours' notice of start of work under
a sanitary permit shall be given to the Division of Health.
G.
Conditions of permit. The issuance of the sanitary permit shall be
conditioned upon the following:
(1)
The payment of appropriate fees to the Township of Denville;
(2)
That work will conform to the approved application, plans and specifications
on which the permit has been issued, including prior approvals and
amendments thereto;
(3)
That the permit is authorization to proceed with the work and shall
not be construed as authority to violate, cancel or set aside any
of the provisions of the regulations;
(4)
A professional engineer who designs an individual sewage disposal
system and who also serves as the contractor for the system's installation,
construction, repair, or alteration shall not be permitted to issue
the final certification for the system's certificate of compliance.
The applicant shall hire, at his/her expense, an independent licensed
professional engineer for said certification.
[Amended 11-20-2018 by Ord. No. 27-18]
There shall be a fee established pursuant to the article as
follows:
[Amended 11-20-2018 by Ord. No. 27-18]
New 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 Division of Health shall have issued a certificate indicating
that such disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of the code
adopted by this article. Issuance of such certificate shall be required
for alterations to an existing individual sewage disposal system.
No person or entity shall own or operate an individual sewage
disposal system which is designed, constructed or located in a manner
that will permit the discharge of any effluent onto the surface of
the ground or into any watercourse.
[Amended 11-20-2018 by Ord. No. 27-18]
Soil logs shall be witnessed, and engineering reports on soil
conditions shall be submitted, pursuant to the requirements set forth
at N.J.A.C. 7:9A-1.1 et seq.
[Amended by Ord. No. 34-96]
A.
For all single-family dwellings constructed after the date of adoption
of this section, an area equivalent to 100% of the disposal area shall
be reserved for future expansion or replacement of the system. This
area shall meet all the site requirements applicable to individual
sewage disposal systems and shall be shown on the plot plan and marked
"Reserved for Disposal Area Expansion." No permanent improvements
shall be installed within or adjacent to this reserved area which
will adversely affect its future use as a disposal area.
B.
Neither the Health Officer nor any other enforcement officer of the
Township shall have any authority to make exceptions to the requirements
established in this section. The Township of Denville may, for good
cause shown and based upon the opinion and recommendation of the Township
Health Officer, waive the requirements of this section upon resolution
of the Municipal Council. The resolution shall set forth the reasons
for the waiver and shall contain such conditions as the Municipal
Council may impose.
Any person or entity violating any of the provisions of or any
order promulgated under this article or N.J.A.C. 7:9A-1.1 through
7:9A-12.8 adopted by this article shall, upon conviction thereof,
pay a penalty of not less than $25 nor more than $1,000 for each violation.
[Amended by Ord. No. 3-91; Ord. No. 7-07]
A.
In accordance with N.J.A.C. 7:9A-1.1 et seq., each property owner
is required to have an abandoned septic system, including all septic
tanks, dosing tanks, seepage pits, dry wells and cesspools, emptied
of wastes and removed or filled completely with gravel, stones or
soil material in accordance with the requirements of the New Jersey
Department of Environmental Protection. Abandoned systems shall be
inspected by the Township Plumbing Inspector to ensure regulatory
compliance has been achieved when connections to the public sewer
system have been or will be made.
[Amended 11-20-2018 by Ord. No. 27-18]
B.
Each property owner shall give the Township Plumbing Inspector at least five days' prior notice of the filling in of an abandoned system. The Township Plumbing Inspector shall inspect the system prior to covering and final grading of the septic area. There shall be a fee payable in accordance with Chapter 245, Fees, Rates and Charges, for the inspection.
C.
Each property owner shall furnish to the Township Health Officer
and Township Plumbing Inspector, within 30 days of the abandonment,
a certificate of compliance signed by the person who filled in or
removed the abandoned system, as well as by the property owner stating
that the system has been emptied and filled or removed and describing
the method and material used for fill. An extension of the time requirements
may be granted, for good cause, by the Township Plumbing Inspector.
D.
The Township shall notify each property owner at the time of application
for a permit to connect to a public sewerage system or for a permit
to construct or alter a septic system of the requirements of this
article.
[Amended by Ord. No. 14-02; 11-20-2018 by Ord. No. 27-18]
A.
License required. No person shall engage in the business of installing
individual or any other type of sewage disposal systems in the Township
unless he has demonstrated a thorough knowledge of the law applicable
to installation of individual sewage disposal systems.
B.
Examination.
(1)
The Health Officer shall conduct examinations designed to test the
knowledge and ability of an applicant for a license as a certified
builder and installer of individual sewage disposal systems in accordance
with the code. Examinations shall be held at least once yearly.
(2)
Licensees shall be required to take the examination designed to test
their knowledge and ability as a certified builder and installer of
individual sewage disposal systems in accordance with the code every
five years after being issued the original license, assuming the license
has been renewed every year during that five-year cycle.
C.
Issuance of license. The Health Officer 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 the Township, and such license shall not be transferable. A current
license held in another municipality may be accepted in lieu of taking
the examination, so long as the license is no more than five years
old.
D.
Renewal of license. All licenses to build and install individual
sewage disposal systems in the Township shall be valid from January
1 to December 31 of each year and shall be renewed for the ensuing
year prior to any work being done during that year.
E.
Revocation of license. The license held by a certified installer
of individual sewage disposal systems in the Township may be suspended
or revoked by the Health Officer, after notice and a hearing, as applicable,
for any of the following reason(s):
(1)
Violating the provisions of this article, N.J.A.C. 7:9A, and regulations
governing the individual sewage disposal systems, as the same may
be amended or supplemented from time to time;
(2)
Installing, constructing, repairing, or altering an individual subsurface
sewage disposal system without having first obtained a permit from
the Health Department;
(3)
Installing, constructing, repairing, or altering an individual subsurface
sewage disposal system which contradicts or otherwise may invalidate
the issuance of the original permit;
(4)
Failing to cease installation, construction, repair, or alteration
activities on an individual subsurface sewage disposal system after
the Health Department had rescinded the permit for said activities;
(5)
Installing, constructing, repairing, or altering an individual subsurface
sewage disposal system in a willfully negligent manner;
(6)
Fraud, misrepresentation, or false statement in an application, plans,
and/or specifications for a septic permit;
(7)
Fraud, misrepresentation, or false statement in the application for
a septic contractor's license; and/or
(8)
Fraud, misrepresentation, or false statement made in the course of
carrying on activities related to a septic permit and/or a septic
contractor's license issued the Health Department.
F.
Notice of hearing. The Health Officer shall provide to a licensee
a written notice of hearing regarding a license revocation, setting
forth the specific grounds of the complaint, the time and place of
the hearing, and a brief statement of the grounds to be relied upon
for the revocation. Such notice may be given to the licensee by either
personal delivery or by simultaneous regular and certified mail, return
receipt requested, addressed to the licensee at the business address
appearing upon the license. The hearing shall be held before the Health
Officer, within 10 business days of the notice date.
G.
Suspension. A license may, pending revocation proceedings, be suspended
for not more than 10 business days (Monday through Friday, excluding
holidays) by the Health Officer if, in his/her opinion, the conduct
of the licensee is detrimental to the health, safety and general welfare
of the Township of Denville.
H.
Hearing. At the hearing before the Health Officer, the licensee shall
have an opportunity to answer and be heard. Upon due consideration
and deliberation, the Health Officer may dismiss the complaint or
revoke the license.
I.
Right of appeal. A licensee may appeal a decision by the Health Officer
to revoke a license by submitting a written request to the Health
Officer. Such appeal shall be held before the Municipal Council within
30 days of receipt of the written request.
J.
New license required. If a license has been revoked, neither the
license holder nor any person acting for the license holder, directly
or indirectly, shall be entitled to another license to carry on the
same business within the Township, unless the application for such
license shall be approved by the Health Officer.
