a.
Standards adopted by reference. The provisions of N.J.A.C. 7:9A-1.1
et seq. which are entitled: "Standards for Individual Subsurface Sewage
Disposal Systems" are hereby adopted by reference in full as if fully
set forth at length herein and shall be deemed to be a part of the
Health Regulations of the Township of Roxbury, Morris County, New
Jersey. Said provisions are hereby adopted by reference pursuant to
N. J. S.A. 26:3-69.2 and it is hereby stated that three copies of
the "Standards for Individual Subsurface Sewage Disposal Systems",
N.J.A.C. 7:9A-1.1 et seq. have been placed on file with the Office
of the Secretary of the Roxbury Township Division of Health, upon
the introduction of this article and will remain on file there until
final action is taken on this article, for the use and examination
of the public.
b.
Penalties. In addition to all other penalties as provided by law,
the following penalties shall also apply for any violations of this
article.
1.
Local level. Any person who shall violate any provisions of this
article and any provisions of any regulations adopted by reference
herein and as subsequently amended or any order of the division of
health issued pursuant thereto, shall be subject to a fine not exceeding
five hundred ($500.00) dollars nor less than fifty ($50.00) dollars
for each offense. Each and every day that a violation continues shall
be deemed a separate offense.
2.
Civil administrative penalties.
(a)
Violation of any provision of this article shall be a violation
of the New Jersey Pollution Control Act. N.J. S.A. 58:10A-1 et seq.,
and the violator shall be subject to assessment of civil administrative
penalties pursuant to the provisions of N.J.A.C. 7:14-8.
(b)
Pursuant to N.J.S.A. 58:10A-10(a), the commissioner may assess
a civil penalty of not more than fifty thousand ($50,000.00) dollars
for each violation, and each day during which such violation continues
shall constitute an additional, separate, and distinct offense.
(c)
Examples of violations of the requirements of this chapter which
are subject to the assessment of civil administrative penalties pursuant
to the provisions of N.J.A.C. 7:14-8 include but are not limited to:
(1)
Installing, constructing, altering or operating an individual
subsurface sewage disposal system without first obtaining the necessary
permits, approvals, certifications or licenses as required by this
article;
(2)
Issuance by an administrative authority of a permit, approval,
certification or license for installation, construction, alteration
or operation of an individual subsurface sewage disposal system where
such installation, construction, alteration or operation will violate
the requirements of this article;
(3)
Discharge of industrial wastes into an individual subsurface
sewage disposal system without a valid NJPDES permit issued by the
division pursuant to N.J.A.C. 7:14A;
(4)
Distribution, sale, offer or exposure for sale or use of any
sewage system cleaner containing restricted chemical materials, as
defined in N.J.S.A. 58:10A-17;
(5)
Failure of the facility owner to report to the administrative
authority any expansion or change in use of a facility which may result
in an increase in the volume of sanitary sewage discharged into the
individual subsurface sewage disposal system; or
(6)
Failure of the applicant, or the applicant's agent, to
provide complete and accurate information to the administrative authority
or its authorized agent, or to the division, in accordance with the
requirements of this article.
The fees are established as set forth in Chapter XXIV, subsection 24-6.1.
a.
All newly constructed or altered individual sewage disposal systems shall require a license to operate from the Roxbury Township Division of Health. All licenses to operate shall expire at the completion of three years. The applicant shall pay a fee as set forth in Chapter XXIV, subsection 24-6.1 to renew the three year license. A license shall not be renewed unless the licensee has submitted the following information to the Division of Health.
1.
Evidence of the pumping of septic tanks which has been performed
by a septage waste hauler registered with the New Jersey Department
of Environmental Protection in accordance with the requirements of
N.J.A.C. 7:26-3.1 et seq.; or
2.
A septic system inspection report shall be prepared by a licensed
health officer, a licensed professional engineer or a licensed sanitarian
(first grade) 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.
b.
In the event any permit or certification required by this subsection
is denied by the division of health, a hearing shall be held thereon
before the health officer within 30 days after request therefor is
made by the applicant, and upon such hearing, the health officer shall
affirm, alter or rescind the previous determination and take action
accordingly within 30 days after the date of hearing.
