[Ord. #1-90, S 1]
A code regulating the location, design, construction, installation, alteration, operation and maintenance of individual subsurface sewage disposal systems is hereby adopted pursuant to Chapter 186, P.L. 1950 (N.J.S.A. 26:3-69.1). A copy of the code, as amended hereby, is annexed hereto and made part of this chapter without specific inclusion of text herein.
[Ord. #1-90, S 1]
The code established and adopted by this chapter, by reference, is described and commonly known as "Standards for Individual Subsurface Sewage Disposal Systems," as amended by the Board of Health of the Township of Montgomery, as hereinafter provided, and as may hereinafter be further amended. 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. "Standards for Individual Subsurface Sewage Disposal Systems"; however, amendments approved and adopted by the Board of Health of the Township of Montgomery to such code, as hereinafter provided, are not set forth in the New Jersey Administrative Code.
[Ord. #1-90, S 1]
Three copies of the "Standards for Individual Subsurface Sewage Disposal Systems," as herein approved and amended, have been placed on file in the office of the Secretary of the Board of Health of the Township of Montgomery for the use of and examination by the public.
[Ord. #1-90, S 1]
The administrative authority may submit data filed with it by an applicant for system, site, and/or design approval to a professional engineer, soils specialist or other duly qualified professional when an ambiguity or discrepancy in the soil evaluation data exists, when the proposed system is highly engineered or otherwise requires a highly technical review, or when the authorized agent certifies to the administrative authority that he is unable to conduct a review of the data because the system proposed is beyond the scope of his knowledge, expertise, or experience. The cost of the professionals' review will be the responsibility of the applicant and final action upon the application by the administrative authority shall be deferred until said fee has been paid.
[Ord. #1-90, S 1; Ord. #94-2, S 4; Ord. #98-01, S 3; Ord. #2002-03, S 3; Ord. #2013-01; amended 10-11-2023 by Ord. No. BOH 2023-02]
a.
For the filing of an application to schedule the 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.
$100.00
b.
For the observation and witnessing of all soil logs, pit bailing tests, basin flooding tests, and/or any other soil/site studies for individual subsurface sewage disposal systems as may be required by the administrative authority.
$350.00 per proposed realty improvement
c.
Escrow amount required for the observation of each nonresidential or community site.
$1,000.00
d.
For the filing of an application and plans for a permit to locate and construct an interceptor drain; for the issuance of a permit to locate and construct such an interceptor drain; and for the performance monitoring of such interceptor drain.
$85.00
e.
For the filing of an application for placement on the Board of Health agenda for site approval or design approval:
1. Residential: $30.00 per proposed realty improvement.
2. Nonresidential/ Community: $30.00 per disposal field.
f.
For the review of the design to locate and construct any subsurface sewage disposal system.
$175.00
g.
For the site review of each proposed realty improvement.
$200.00
h.
For the review of any revised design to locate and construct any subsurface sewage disposal system.
$100.00
i.
For the issuance of a permit to locate and construct any subsurface sewage disposal system and for the construction inspections associated with the permitting of a subsurface sewage disposal system.
$550.00
j.
For the review of an application and plans for a permit to alter or repair an existing subsurface sewage disposal system and for the issuance of a permit to alter or repair the same:
1. $50.00 repair.
2. $150.00 alteration.
k.
For the reinspection of any subsurface sewage disposal system, or part thereof, caused by the failure of the permittee or owner to locate and construct or alter the same in accordance with the terms of the permit issued
$75.00
Escrow amounts, observation and witness fees, and application scheduling fees are due and payable at the time of submission of the application requesting scheduling of the test involved. If such fees are not paid at the time of application, no tests will be scheduled by the administrative authority.
If an application does not conform to code or information is omitted from the application, or the application does not contain the required soil and site information, the application shall be rejected, and a new application and fees shall be required.
[Ord. #1-90, S 1; Ord. #1-91, SS 3-7; Ord. #3-91, S 1; Ord. #92-2, S 1; Ord. #95-2, SS 1, 2; Ord. #96-1, S 1; Ord. #97-2, S 1; Ord. #2000-02; Ord. #2002-02; Ord. #2003-02, S 1; Ord. #2005-01, S 1; Ord. #2010-02, SS 1, 2; Ord. #2013-01]
The "Standards for Individual Subsurface Sewage Disposal Systems," cited as N.J.A.C. 7:9A-1.1 et seq., is hereby amended and supplemented by the Board of Health of the Township of Montgomery as set forth below:
a. 
Section 7:9A-2.1 Definitions is amended by the addition thereto in alphabetical order of the following definitions:
AS-BUILT
Means a drawing to scale of a plot plan made by a licensed land surveyor, signed and sealed certifying to the location, configuration, and exact tie down measurements of all the subsurface sewage disposal system components after the installation of such has been completed. The As-built shall include the location of the area reserved for future sewage disposal.
COMPLETED SEPTIC SYSTEM
Means a properly located, constructed and installed septic system that has been connected to the source of the wastewater.
SOURCE OF THE WASTEWATER
Shall mean a house, building, or realty improvement that generates sanitary sewage, or is capable of generating sanitary sewage.
b. 
Section 7:9A-3.5 Permit to construct or alter, subparagraph (b), is amended by the addition thereto of the following subparagraphs:
1. 
Permits and Approvals in General. No person shall locate, construct, or alter 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, or its duly authorized agent. Permits shall be issued only after the appropriate approvals have been granted by the Board of Health.
2. 
New Approvals. For the location of new subsurface sewage disposal systems which have not already received a Board of Health approval the following approval process shall apply:
i.
Site Approval for Subsurface Sewage Disposal.
a.
An applicant shall submit and the Board of Health shall review all of the site information required by this Code to make an informed decision whether or not the site is suitable for subsurface sewage disposal. In addition to providing the Board with the necessary site information, the applicant shall also provide a licensed N.J. professional engineer's contemplated system design to aid the Board in its decision. The contemplated design shall contain as a minimum all the data called for on-site data submission forms and checklists, which will be provided by the Board.
b.
Site review and approval shall be required for each proposed realty improvement. As a condition of site approval, the applicant shall submit the final system design to the Board for review and approval prior to permit issuance. That design shall comply with the provisions of this Code, and any amendments hereto. Site approval provides only that the site is suitable for on-site disposal and does not provide for construction of the system or approval of a final design.
c.
A Site Soil Evaluation shall be required prior to subdivision approval by the Planning Board. At least one permeability test will be required for each proposed realty improvement where on-site wastewater disposal is proposed.
ii.
Board of Review and Approval of System Design — Prior to the Board's design review the application shall submit a site specific detailed engineering design, a completed application form, and checklists which will be provided by the Board, the required fee for design review and permit issuance, together with any other information deemed necessary by the Board's authorized agent to aid in the Board's design review. Following review, the Board shall approve, approve with modifications, or reject the application. The authorized agent shall forthwith either issue or deny the permit based on the Board's findings. The Board may elect as a condition of site approval to delegate the design review approval and permit issuance process to its authorized agent when, in the opinion of the Board, the contemplated design(s) are not intricate in nature or difficult to conceptualize.
iii.
Conditions on Approvals — The Board, in its discretion, may attach reasonable conditions to any approval granted, to insure that the purposes of this ordinance are achieved. Fulfillment of the conditions attached to Board approvals shall be a condition precedent to subsequent Board approvals and/or permit issuance.
iv.
Validity of Approvals — Site approvals shall remain valid for a period of five years from the date of approval in compliance with N.J.A.C. 7:9A 3.5 (e).
v.
Validity of Permits — The permits for the location and construction of subsurface sewage disposal systems shall remain valid from the date of issuance of said permits until the expiration of the period of site approval validity as set forth in subparagraph BH6-1.6biv.
c. 
Section 7:9A-3.6 Witnessing of soil evaluation and testing is amended by the addition of a new subparagraph (c) as follows:
(c) The administrative authority shall be assured that there has been issuance of a local land disturbance permit (or a waiver therefrom) by such other appropriate local official prior to the commencement of any site evaluation or testing event which by its nature would disturb soil or vegetation at the site.
d. 
Section 7:9A-3.13 Certificate of compliance, subparagraph (a), is amended to read as follows:
(a) The administrative authority may issue a certificate of compliance if a licensed professional engineer submits to the administrative authority, a statement in writing, signed and sealed by him or her that the said system has been located, constructed, installed or altered in compliance with the requirements of these standards and the approved engineering design. Prior to the issuance of a certificate of compliance, the administrative authority shall require that the septic system design engineer submit to the administrative authority a signed statement in writing or on forms provided by the administrative authority that the system has been located, constructed and installed or altered in compliance with these standards and the approved engineering design, together with two as-built plans (see definitions) (as-built plans shall be 8.5 inches by 14 inches in size). For septic systems that have been altered, the design engineer shall submit two copies each of the select-fill percolation tests, select-fill textural analysis, select-fill tube permeameter tests, as-built plans and the Engineer's Certificate of Compliance form within 30 days of completion of the alteration.
e. 
Section 7:9A-3.14 License to operate is amended as follows:
(1)
Subparagraph (a) is amended to read as follows:
(a)
The administrative authority or its authorized agent shall issue a license to operate and a copy of the Department's operation and maintenance manual to the permittee and/or the owner at the time that a certificate of compliance is issued.
(2)
New subparagraph (e) is added as follows:
(e)
In addition, the license shall comply with the provisions of the Township of Montgomery Board of Health Code Chapter BH13 ON-SITE WASTEWATER DISPOSAL MANAGEMENT DISTRICT.
f. 
Section 7:9A-4.8 entitled Area Reserved for Sewage Disposal is hereby amended to read as follows in order to include the reference to both used and reserved areas for sewage disposal:
7:9A-4.8 Areas Used and Reserved for Sewage Disposal. The area used and reserved for sewage disposal shall be selected and maintained so that it is free from encroachments by driveways, accessory buildings, additions to the main building, patios, and decks. In addition, trees or shrubbery whose roots may cause clogging of any part of the system shall not be planted on the constructed system. The area used and reserved for sewage disposal shall not be located under driveways, parking lots (paved or otherwise), accessory buildings, additions to main buildings or any other form of encroachment which may adversely affect the functioning of the system or interfere with system maintenance.
g. 
Section 7:9A-7.1 entitled Design Requirements, is hereby amended by the addition of the following new paragraph (d):
(d) The engineer shall provide a reserved area for a disposal field. This reserved area shall be located at least 20 feet from the primary disposal area. Dimensions of the reserved area shall be shown on all Board of Health design submissions, and on the as-built drawing. This requirement shall apply to all new site approvals and to renewals of site approvals that have expired. The suitability of the reserved area shall be determined as set forth in Section 7:9A, subchapter 5. Notice of the location of the reserved area shall be provided to subsequent property owners by way of filed map or similar document recorded in the office of the Somerset County Clerk; the specific form and format of the document to be recorded shall be subject to the approval of the Health Officer.
h. 
Section 7:9A-7.2 Construction is amended by the addition thereto of the following subparagraphs:
(c)
An installer is any person who is in the business of installing or excavating individual subsurface sewage disposal systems or any parts thereof.
(d)
No person or entity shall perform the services of an installer before having registered as an installer with the administrative authority. Applications for registration shall be on forms prescribed by the administrative authority. Installers shall provide a certificate of insurance at the time of application, providing proof of current general comprehensive and liability insurance in a minimum amount of $500,000. If at any time after a person or entity has registered as an installer, the information previously supplied to the administrative authority in connection with obtaining that registration changes, the installer shall promptly notify the administrative authority in writing of the corrected or modified information. The Health Officer, acting as administrative authority, shall have the discretion to request updated insurance certification and other registration information on an annual basis or as otherwise deemed appropriate.
(e)
A septic installer's registration shall be revoked by the Health Officer, acting as administrative authority for (i) failure of the installer to comply with the provisions of this chapter (BH6-1); (ii) operation by the installer or any employee of the installer of a motor vehicle or other equipment in the performance of installation work in the Township of Montgomery who has been determined by a representative of the Township Police Department or by qualified emergency medical personnel to be under the influence of drugs or alcohol; or (iii) engaging in practices during any installation which are not in the interest of public health, safety and welfare, including but not limited to documented fraud in any jurisdiction, trespassing on neighboring property, or intentional interference with the work of a Township of Montgomery inspector.
An installer will be notified of the specific actions or items that are in noncompliance within 14 working days of the violation. The installer will be given the opportunity to address or answer the specific charges at an informal hearing with the Health Officer, acting as administrative authority. Upon determining that the charges are valid and supported by evidence, the administrative authority may revoke or suspend the registration, write a summons, place the installer on probation, or take any action which is permitted by State and local laws.
(f)
The following items set forth below constitute the terms and conditions upon which an installer's registration will be reinstated:
(i)
Pursuant to an agreement between the installer and the administrative authority, on behalf of the Board of Health and the Township, the installer will be required to provide a certificate of insurance covering a period of one year from the date of the agreement. The certificate shall be the same as the certificate required in paragraph (d) above, but shall be in the minimum amount of $1,000,000, and must name the Township of Montgomery and the Montgomery Township Board of Health as additionally insured entities in the event of any claim for damages or defects to the septic systems installed or repaired by the company or installer, or to the person or property of the customer of the installer or other third persons. The insurance coverage shall be subject to review and approval by the Board of Health Attorney. The cost of the legal review of the insurance coverage will be the responsibility of the installer. Upon satisfactory completion of the one-year period, the installer may revert to the insurance requirements set forth in paragraph (d) above.
(ii)
Prior to reinstatement, a detailed plan of the installer's installation procedures shall be submitted to the Health Officer for review and approval. Upon completion of items (i), (ii) and the written agreement, certifying compliance with the requirements of this section, a temporary one year registration as a septic installer shall be issued. Upon satisfactory completion of the one-year period, the installer may revert to the insurance requirements set forth in paragraph (d) above and may reapply for registration pursuant to the procedures in paragraph (d).
(iii)
All subcontractors that an installer uses must be registered with the Montgomery Township Health Department pursuant to this Section.
(iv)
If there are any violations observed of paragraphs (d) or (e) above, reported to the Health Department and verified, during the one year agreement period mentioned above, the installer may be permanently removed from the list.
(v)
If the Health Officer as administrative authority determines that there has been violation(s) by the installer that triggers a notice of noncompliance as described in subsection (e) any such violation(s) must be fully corrected within 60 calendar days after written notification from the Health Department. Noncompliance may lead to permanent revocation. In the event violations are determined as set forth in subparagraphs (iii), (iv), or in this subparagraph (v), before any action is taken by the Health Officer, as administrative authority, the installer will have the opportunity to refute any violations or alleged violations provided, however, that, pending an installer's opportunity to be heard, immediate suspension or revocation may be ordered if in the interest of the public health, safety and welfare. It is the duty of the Board of Health and the administrative authority to safeguard the public from practices by septic installers which may not be in the interest of the public health, safety and welfare. The quality of all septic installations and repairs must be consistent with State and local codes and other safe practices.
i. 
Section 7:9A-8.2 Septic tanks, subparagraphs (c) and (d), are amended to read as follows:
(c)
The use of domestic garbage grinder units is prohibited.
(d)
The first sentence of subparagraph (d) is amended to read as follow:
Multiple compartment septic tanks shall be required for all installations.
j. 
Section 7:9A-9.5 Laterals; gravity distribution, paragraph (a), subparagraph (6) is amended by the following addition:
6. Inspection ports shall consist of perforated pipe with a removable cap, extending to the entire depth of the gravel to the level of infiltration. The sections of the inspection ports that are enclosed by soil/select fill/topsoil must be solid PVC pipe. All pipes shall be constructed of PVC pipe with a minimum of schedule 40.
k. 
Section 7:9A-9.6 Pressure dosing networks, paragraph (a), and subparagraph (7) is amended by the addition of the following:
7. Inspection ports shall consist of perforated pipe with a removable cap, extending to the entire depth of the gravel to the level of infiltration. The sections of the inspection ports that are enclosed by soil/select fill/topsoil must be solid PVC pipe. All pipes shall be constructed of PVC pipe with a minimum of schedule 40.
l. 
Section 7:9A-10.1 General design for requirements for disposal is amended as follows:
(1)
Subparagraph (a) is amended to read as follows:
(a)
A disposal field shall be required for all new systems. The disposal field shall consist of one or more disposal trenches or a disposal bed, designed, constructed and installed as hereafter prescribed. The disposal field shall contain at least one monitoring port of 4" to 6" diameter solid PVC pipe constructed with a minimum of schedule 40, extended from flush finished grade to a minimum of six inches below the zone of treatment.
(2)
Subparagraph (f)(4) is amended by the addition of the following subsection:
iv.
Before any suitable fill for the zone of treatment is placed in the system, the applicant's certifying engineer shall collect a composite sample of suitable fill material stockpiled at the installation site. The sample shall be taken to a testing lab of the engineer's choice where the samples shall be certified as being in compliance with these standards. Placement of the suitable fill shall not commence until the applicant's certifying engineer has received the results from the testing laboratory and certifies to the administrative agent that the fill material complies with these standards. True copies of the laboratory results shall be submitted to the administrative authority at the same time final as-built certifications are submitted. No certificate of compliance shall be issued until laboratory certifications are filed.
(3)
Subparagraph (f)5 is amended by the addition of the following subsection:
iii.
Before any suitable fill for the zone of disposal is placed in the system, the applicant's certifying engineer shall collect a composite sample of suitable fill material stockpiled at the installation site. The sample shall be taken to a testing lab of the engineer's choice where the samples shall be certified as being in compliance with the aforesaid standards. Placement of the suitable fill shall not commence until the applicant's certifying engineer has received the results from the testing laboratory and certifies to the administrative agent that the fill material complies with these standards. True copies of the laboratory results shall be submitted to the administrative authority at the same time final as-built certifications are submitted. No certificate of compliance shall be issued until laboratory certifications are filed.
[Ord. #40, 56; Ord. #2013-01]
A license to operate as described in Section 13-5 of this Code will be granted to the owner of property on which a closed sewage system has been installed upon compliance with applicable local and/or State laws.
[Ord. #40, S 8, Ord. #98-89, S 1; Ord. #2013-01]
The tanks or tanks of a closed sewage system shall be emptied immediately when full, and no tank shall be permitted to run over or leak. Tanks may be emptied only by persons holding a license to engage in such business. The owner of any property served by a closed sewage tank or holding tanks shall provide written notification to the Health Department every time the tank is emptied within five days of the tank having been emptied. Said notification shall be completed on forms supplied by the Health Department and shall include the following information: the date of pumping, the time of pumping, identification and phone number of the pumping company, total gallons removed, destination of tank contents, the water meter reading at the time of pumping or within 12 hours of the time of pumping, and a copy of the pumping company's receipt verifying the pumping.
[Ord. #40, S 9; Ord. #2013-01]
Any person violating any of the provisions of or any order promulgated under this chapter shall, upon conviction thereof, be liable to the penalty established in Chapter BH1, section BH 1-2.
[Ord. #94-89, S 9; Ord. #94-2, S 4; Ord. #98-01, S 3; Ord. #2002-03, S 3; Ord. # 2013-01]
The following fees and charges are hereby established:
a. 
Fee for issuance of a use permit pursuant to subsection BH6-2.2: $60.
b. 
Fee for review of application to construct and construction inspections required for compliance with this chapter: $85.
[Ord. #2013-01]
No individual subsurface sewage system receiving over 2,000 gallons per day shall be installed, constructed or altered without prior approval by the Board of Health as administrative authority in accordance with the provisions of N.J.A.C 7.9A as the same may be amended from time to time. The applicant is to obtain all other approvals required by the New Jersey Department of Environmental Protection, which has primary jurisdiction for said systems under N.J.A.C. 7.9A.
[Ord. No. 2013-01]
All individual subsurface sewage disposal systems receiving over 2,000 gallons per day, including all components, approved by the administrative authority shall be included within the Township's on-site wastewater disposal management district and shall be subject to the requirements set forth in Chapter BH13 of this Code.