[BH Ord. #89-89, § 1]
A code regulating the location, design, construction, installation,
alteration, operation and maintenance of individual sewage disposal
systems; requiring certain licenses to operate systems and permits
to install, alter or repair systems; providing for inspection of such
systems, the fixing of fees and prescribing penalties for violations
is hereby adopted pursuant to the Public Health and Sanitation Codes
Adoption by Reference Act, N.J.S.A. 26:3-69 - 69.6.
[BH Ord. #89-89, § 2]
The code established and adopted by this Chapter is described
and commonly known as the "Standards for Individual Subsurface Sewage
Disposal Systems (1989)" as amended by the Board of Health of the
Township of Mahwah, as hereinafter provided, and as may hereinafter
be further amended. A copy of said code is annexed hereto and made
a part hereof. The code hereby adopted is set forth in the New Jersey
Administrative Code and is cited as follows: N.J.A.C. 7:9A-1.1 et
seq.; however, the amendments made by the Mahwah Board of Health to
such code, as hereinafter provided, are not set forth in the New Jersey
Administrative Code.
[BH Ord. #89-89, § 3]
Three (3) copies of the "Standards for Individual Subsurface
Sewage Disposal Systems (1989)", as herein amended, have been placed
on file in the office of the Secretary of the Board of Health of the
Township and will remain on file there for the use of and examination
by the public.
[BH Ord. #89-89, § 4; BH Ord. #90-92, § 2]
a.
No person shall locate, construct, alter or repair a subsurface sewage
disposal system until a permit for the location, construction or alteration
of such system shall have been issued by the Board of Health of the
Township, or its duly authorized agent, hereinafter referred to as
the "Administrative Authority". All permits issued shall be valid
for a period not exceeding one (1) year.
b.
In case any license, permit, or certification required by this section
is denied by the Administrative Authority, a hearing shall be held
concerning such denial before the Board of Health within thirty (30)
days after request therefor is made by the applicant and upon such
hearing the Board of Health shall affirm, alter or rescind the determination
from which the appeal is taken at such hearing. In the event that
the Board of Health determines to alter or rescind the previous determination,
action pursuant to such Board determination shall be taken within
thirty (30) days after the date of such hearing.
c.
Each approval of an application for a permit to construct, alter
and/or repair an individual subsurface sewage disposal system shall
be valid for a period not exceeding one (1) year immediately following
such approval.
[BH Ord. #89-89, § 5]
The Administrative Authority may order all work in progress
in and about any individual subsurface sewage disposal system, which
is being erected or installed in violation of this section, to be
stopped forthwith, except such work as shall be necessary to remedy
such violation, and thereafter, the work continued without any violation
of any provisions of this section, and after issuance of any such
stop order, and the service of a copy thereof upon any person, contractor
or owner connected with the work or the premises in and about the
erection or installation of such individual subsurface sewage disposal
system, or any part thereof, no further work shall be done thereon
except as aforesaid.
[BH Ord. #89-89, § 6; BH Ord. #12-128]
The following fees and charges for licenses as required hereunder
for the purpose of raising revenue, for regulation, and control are
hereby fixed as follows:
a.
For the observation and witnessing of all soil logs, pit bailing
tests, basin flooding tests, and/or any other soil/site studies as
may be required by the Administrative Authority: three hundred ($300.00)
dollars per proposed realty improvement;
b.
For the filing of an application and plans to locate and install
individual sewage disposal system: four hundred ($400.00) dollars,
and seventy-five ($75.00) dollars for review of each plan revision
subsequent to the initial application;
c.
For the filing of an application and plans to alter an individual
sewage disposal system: two hundred fifty ($250.00) dollars;
d.
For the filing of an application to repair, demolish or abandon an
individual sewage disposal system: one hundred ($100.00) dollars.
e.
For the issuance of a permit to construct, alter, repair, demolish
or abandon an individual sewage disposal system: fifty ($50.00) dollars.
[BH Ord. #89-89, § 7; New]
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter BH1, Section BH1-2. Each violation of any of the provisions of this section, and each day the same is violated shall be deemed and taken to be a separate and distinct offense. The application of the above penalty shall not be held to prevent any proceeding for suspension or revocation of licenses or permits.
[BH Ord. #89-89, § 8]
All ordinances or part of ordinances inconsistent to the provisions
of this section are hereby repealed, except that this repeal shall
not affect or prevent the prosecution or punishment of any person
for any act done or committed in violation of the ordinances hereby
repealed prior to the taking effect of this section. Without limitation
to the foregoing, the following ordinances of the Board of Health
are repealed: Ordinance 62 and Ordinance 52, and all such additional
ordinances constituting the Plumbing Code of the Township of Mahwah
and dealing with individual sewage disposal systems.
[BH Ord. #89-90, § 1; BH Ord. #12-128]
It shall be unlawful for any person, partnership, firm or corporation
to engage in any contract or agreement to construct, alter, extend,
repair or maintain any individual sewage disposal system in the Township
of Mahwah without the person, or at least one (1) responsible member
of a partnership, firm or corporation, first having obtained a current
annual license to do so from the Board of Health.
[BH Ord. #89-90, § 2; BH Ord. #94-96, § 2;
BH Ord. #07-120; BH Ord. #12-128]
a.
The fee for the license as required by subsection BH15-2.1 above, for the purpose of raising revenue, for regulation and control to be paid annually to this municipality is hereby fixed as follows: One hundred fifty ($150.00) dollars for the issuance or renewal of such license.
b.
Before such license is issued, the applicant shall furnish a satisfactory
bond approved by the Board of Health in the sum of twenty-five thousand
($25,000.00) dollars, conditional substantially that the applicant
shall indemnify and save harmless the Board of Health and Township
from all claims, suits and actions of every name and description brought
against the Board of Health or Township, or their officers, or employees,
for or on account of any injury or damages sustained by any person
in consequence of or resulting from any imperfection or insufficiency
in materials used in said work, of or from any negligence in guarding
such work, or of or from any act or omission of said applicant, his
servants or agents; that the applicant shall faithfully perform said
work in all respects with all ordinances, rules and regulations established
by the Board of Health and the Township of Mahwah relative to such
work.
c.
All licenses issued under authority of this section shall expire
on December 31 annually.
d.
License fees shall be paid to the Board of Health and shall not be
prorated for any part of the year.
[BH Ord. #89-90, § 3]
a.
Every applicant for a license under this section shall complete,
sign and verify a written application on forms furnished by the Secretary
of the Board of Health. The application shall state:
b.
Such licenses are not transferable, and no holder of such license
shall allow either his name or the license issued to him or them to
be used by any other person for the purpose of obtaining or doing
individual sewage disposal system work under his license.
c.
Any change in the address of the holder of such license shall be
reported immediately in writing to the Secretary of the Board of Health.
d.
Each holder of such license shall be held responsible for the violation
by any employee or agent of any ordinance, rule or regulation of the
Board of Health or of the Township of Mahwah or law of the State of
New Jersey.
[BH Ord. #89-90, § 4]
a.
If an application for such license shall be rejected, the amount
of the license fee which accompanied the application shall be returned
to the applicant, together with a statement of the reason for rejection.
Should the applicant request the review of such rejection by the Board
of Health, the applicant shall notify the Secretary in writing within
thirty (30) days following such rejection. A hearing shall be held
concerning such denial before the Board of Health within thirty (30)
days after request therefor is made by the applicant, and upon such
hearing the Board of Health shall affirm, alter or rescind the determination
from which the appeal is taken at such hearing. In the event the Board
of Health determines to alter or rescind the previous determination,
actions pursuant to such Board determination shall be taken within
thirty (30) days after the date of such hearing.
b.
Permits and licenses issued under the provisions of this section
may be revoked by the Board of Health after notice and hearing for
any violation of this section. Notice of the hearing for revocation
of a license or permit shall be given to the license or permit holder
in writing, setting forth specifically the grounds of the complaint
and the time and place of hearing. Such notice shall be mailed by
registered or certified mail, return receipt requested, addressed
to such party at his last known address, at least ten (10) days prior
to the date set for the hearing.
[BH Ord. #89-90, § 5; New]
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter BH1, Section BH1-2. Each violation of any of the provisions of this section, and each day the same is violated shall be deemed and taken to be a separate and distinct offense. The application of the above penalty shall not be held to prevent any proceeding for suspension or revocation of licenses or permits.
[Ord. #89-90, § 6]
All ordinances or part of ordinances inconsistent to the provisions
of this section are hereby repealed, except that this repeal shall
not affect or prevent the prosecution or punishment of any person
for any act done or committed in violation of the ordinances hereby
repealed prior to the taking effect of this section. The following
ordinances and parts thereof of the Board of Health are, without limitation
to the foregoing, repealed: Ordinances numbered 35, and 58, Sections
201-15(F)&(I) and 201-19(B)&(C) of Ordinance 80, Ordinance
83, and all such additional ordinances as contained in the Plumbing
Code of the Township of Mahwah and dealing with licensing, installation
or repair of individual sewage disposal systems.
[Ord. #89-90, § 7]
This section shall be known and may be cited as the "Septic
Installers Licensing Regulations of the Township of Mahwah".
