Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 64-82, 99-89 and 100-89.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
This chapter shall be known and cited as the "On-Site Waste
Water Disposal Management District Ordinance of the Board of Health
of the Township of Montgomery."
[Ord. #92-2, S 1; Ord. #99-02, S 1]
It is found and declared that:
a.
On-site subsurface waste water disposal systems are in widespread
use within the Township.
b.
Such systems constitute a potential source of pollution of ground
and surface waters, contamination of potable water supplies, foul
odors, nuisance problems and other hazards to public health.
c.
It is determined to be in the interest of public health, safety and
welfare to establish a Management District to regulate the maintenance
of such systems to protect the public against system failures and
resultant pollution.
[Ord. #92-2, S 1; Ord. #99-02, S 1; Ord. #99-02, S 1; Ord.
#2005-05, S 1]
Definitions, words and terms as used in this chapter shall have the meanings as set forth in N.J.A.C. 7:9A-2.1, adopted by reference in Chapter BH6 of the Montgomery Township Board of Health Code.
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1) of
the New Jersey Department of Environmental Protection (NJDEP) Standards
for the Construction of Individual Onsite Wastewater Treatment 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 addition(s):
Shall mean any component or system that is a part of an individual
subsurface sewage disposal system, that is employed to reduce levels
of pollution or convey pollutants to the subsurface environment that
is not addressed or is not designed in strict conformance with the
requirements of N.J.A.C. 7:9A.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
The owner and/or occupant of any realty improvement serviced
by an on-site subsurface waste water disposal system located in the
Management District shall be a member of the Management District and
subject to all of the requirements of this chapter. The Management
District shall be comprised of all on-site subsurface waste water
disposal systems that had been licensed by the Board of Health prior
to the effective date of this chapter, and all on-site subsurface
waste water disposal systems which shall be installed, altered or
repaired subsequent to the effective date of this chapter.
[Ord. #92-2, S 1; Ord. #99-02, S 1; Ord. #2002-04, S 1; Ord.
#2005-05, S 1; Ord. #2007-01, SS 1,2]
a.
The Board of Health or its designee shall issue a license to operate
and a copy of the Board of Health's operation and maintenance manual
to the owner/occupant at the time that a certificate of compliance
is issued. The licenses shall be issued on forms provided by the Board
of Health. Licenses shall be transferable upon change of ownership
or occupancy of the premises with respect to which the license has
been issued. Each application for a one year license or renewal thereof
shall be accompanied by a total fee of $25 $5 to be designated as
the license fee plus $20 administrative fee). Each application for
a three year license shall be accompanied by a total fee of $60 $15
to be designated as the license fee and $45 as administrative fee).
b.
The license to operate shall expire one year after issuance for systems Class RC, NRC, or AWT as described in Section BH13-13, and for all system assigned a subclassification as described in Section BH13-14. The license to operate for all other systems shall expire three years after issuance. The applicant shall be notified by the Board of Health or its designee before the license expires and shall be directed to apply for a renewal of the license. The Board of Health or its designee shall not renew the license unless the licensee has submitted the following to the Board of Health or its designee:
1.
Evidence that the septic tank has been pumped as prescribed in this
chapter; or a septic tank inspection report on a MTHD approved form,
prepared by a registered septic installer, NJDEP registered waste
hauler licensed professional engineer, or other person acceptable
to the Board of Health or its designee, indicating that the system
has been maintained, is not in need of pumping, and is functioning
in conformance with the requirements of this chapter; and
c.
The Board of Health or its designee may suspend or revoke the license
to operate in the following circumstances:
1.
It has been determined that the system is malfunctioning based upon
criteria outlined in N.J.A.C. 7:9A-3.4(a) and the licensee fails to
take steps to correct said malfunction as directed by the Board of
Health or its designee;
2.
The owner or occupant of the premises served by the system violates
any provision of this chapter with respect to operation and maintenance
of the system; or
3.
The owner or occupant of the premises served by the system denies
right of entry to the Board of Health or its designee, or the New
Jersey Department of Environmental Protection (NJDEP), as required
in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration
or enforcement of this chapter.
d.
The owner of any system that incorporates advanced wastewater treatment
technology must submit written verification annually to the Health
Officer or designee, following the initially required warranty period,
that a valid service contract is currently in effect for the subject
system. A valid copy of the original warranty must be provided to
the Health Officer upon completion of the installation, and copies
of all service contracts for the system must be provided as they are
issued.
[Ord. #99-01, S 1; Ord. #99-02, S 5]
Any person aggrieved by any decision of the Board of Health or its designee made pursuant to this chapter shall have the right to appeal that decision to the Board of Health in accordance with the procedures set forth in Section BH1-3. These decisions do not include determinations made by the Board of Health or its designee based on N.J.A.C. 7:9A.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
a.
The subsurface waste water disposal system shall be used only for
the disposal of wastes of the type and origin provided for in the
approved engineering design. No permanent or temporary connection
shall be made to any source of wastes, waste water or clean water
other than those plumbing fixtures which are normally present within
the type of facility indicated in the approved engineering design.
b.
Drainage from basement floors, footings or roofs shall not enter
the waste water disposal system and shall be diverted away from the
area of the disposal field. Backwash from water softeners shall be
discharged away from the area of the disposal field by means not conflicting
with other Township ordinances.
c.
As set forth in N.J.S.A. 58:10A-17, no person shall use or introduce
or cause any other person to use or introduce into any waste water
disposal system any sewage system cleaner containing any restricted
chemical material.
d.
Disposal of materials containing toxic substances into a subsurface
waste water disposal system is prohibited. Materials containing toxic
substances include, but are not limited to, waste oil (other than
cooking oil), oil based or acrylic paints, varnishes, photographic
solutions, pesticides, insecticides, paint thinners, organic solvents
or degreasers and drain openers.
e.
Inert or non-biodegradable substances shall not be disposed of in
the subsurface waste water disposal system. Such substances include,
but are not limited to, disposable diapers containing plastic, cat
box litter, coffee grounds, cigarette filters, sanitary napkins, facial
tissues and wet-strength paper towels.
f.
Large quantities of cooking greases or fats shall not be discharged
into systems not equipped with a grease trap designed and constructed
as prescribed in N.J.A.C. 7:9A-8.1.
g.
Major plumbing leaks shall be repaired promptly to prevent hydraulic
overloading of the system.
[Ord. #92-2, S 1; Ord. #99-02, S 1; Ord. #2005-05, S 1]
a.
In accordance with section BH13-15, but subject to section BH13-10, inspection of the system shall be required once every three years following its installation, alteration or repair. Inspection or walk-over of the system shall begin or resume three years after installation. Based on the results of these inspections, the frequency may be reduced if prior satisfactory inspections are noted.
c.
In the following cases, the Board of Health or its designee may require
inspection of the system once every year regardless of whether the
septic tank has been pumped out:
1.
The system is malfunctioning or has malfunctioned in the past;
2.
The size or capacity of one or more components of the system does
not meet the current requirements of the standards set forth in N.J.A.C.
7:9A-1.1 et seq.;
3.
When actual measured water usage is greater than the design capacity
of one or more system components;
4.
In residential facilities, when the estimated water usage based upon
the actual number of residents is greater than the design capacity
of one or more system components. For the purpose of making this determination,
the design flow shall be estimated by multiplying the number of persons
living in the residence by a factor of 100 gallons per day; or
5.
Facilities in which a grease trap is required.
d.
When applicable, the results of system inspections shall be reported
on standard forms provided by the Board of Health, or on equivalent
forms which are acceptable to the Board of Health or its designee.
e.
Any problems or malfunctions noticed during the inspection shall
be corrected in a manner and within a time frame acceptable to the
Board of Health or its designee.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
a.
The contents of the septic tank shall be pumped out within three
years after the tank has been installed. The tank may be pumped at
more frequent intervals. A septic tank inspection report may be submitted
in lieu of pumping if the scum/sludge levels are not within the parameters
listed in paragraphs 1 and 2 below:
b.
Pumping of septic tanks shall be performed by a solid waste hauler
registered with the NJDEP in accordance with the requirements of N.J.A.C.
7:26-3.1.
c.
Equipment used in the pumping of septic tanks shall meet the following
requirements:
1.
Mobile tanks shall be securely mounted on trucks or trailers, shall
be water-tight and provided with a leak-proof cover and shall be vented
to permit the escape of gases but not the liquid or solid contents
of the tank.
2.
Pumps and hoses shall be maintained and operated in a condition that
will prevent the leakage of sewage.
3.
Equipment shall be available to permit accurate measurement of the
sludge and scum levels in relation to the bottom of the outlet baffle.
d.
Pumping of septic tanks shall be conducted in such a manner that
the entire contents of the septic tank including both liquids and
solids are removed.
e.
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
f.
Septage shall be disposed of at a sewage treatment plant designated
in accordance with District and/or State Solid Waste Management Plans
pursuant to the Statewide Sludge Management Plan adopted pursuant
to N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 58:11A-1 et seq.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
a.
Grease traps shall be inspected and cleaned out at a frequency adequate
to prevent the volume of grease from exceeding the grease retention
capacity. Grease shall be removed whenever 75% of the grease retention
capacity has been reached. Grease traps serving restaurants may require
pumping as frequently as once a week to once every two to three months.
b.
Pumping of grease traps shall be performed by a solid waste hauler
registered with the NJDEP in accordance with the requirements of N.J.A.C.
7:26-3.1.
c.
Equipment used in the pumping of grease traps shall meet the following
requirements:
1.
Mobile tanks shall be securely mounted on trucks or trailers, shall
be water-tight and provided with a leak-proof cover and shall be vented
to permit the escape of gases but not the liquid or solid contents
of the tank.
2.
Pumps and hoses shall be maintained and operated in a condition that
will prevent the leakage of sewage.
3.
Equipment shall be available to permit accurate measurement of the
volume of grease in relation to the grease retention capacity of the
grease trap.
d.
Pumping of grease traps shall be conducted in such a manner that
the entire contents of the grease trap including both liquids and
solids are removed.
e.
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
f.
Grease and other waste materials removed from grease traps shall
be disposed of in accordance with the requirements of the Statewide
Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq.
and N.J.S.A. 58:11A-1 et seq., as well as any other applicable State
or local rules, regulations, ordinances or directives.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
a.
(Ref. N.J.A.C. 7:9A-Table 4.3) The area of the disposal field shall
be kept free of encroachments from decks, pools, sprinkler systems,
driveways, patios, accessory buildings, additions to the main building
and trees or shrubbery whose roots may cause clogging of any part
of the system.
b.
Grading shall be maintained in a condition that will promote run-off
of rainwater and prevent ponding.
c.
Drainage from roofs, footing drains, ditches or swales shall be diverted
away from the disposal field.
d.
Vegetation shall be maintained to prevent soil erosion.
e.
Vehicle traffic shall be kept away from the area of the disposal
field.
[Ord. #92-2, S 1; Ord. #99-02, S 1; Ord. #2005-05, S 1]
Every licensed on-site subsurface waste water disposal system
shall be assigned one principal classification. The principal class
shall be determined according to the residential or non-residential
nature of the system's use and configuration. The assigned principal
classification designations shall be from one of the following classes:
CLASS R.I. denotes a system which is an individual on-site subsurface
waste water disposal system serving one single family home on one
individual lot.
CLASS N.R.I. denotes a system which is an individual on-site
subsurface waste water disposal system serving one non-residential
realty improvement on one individual lot.
CLASS R.C. denotes an on-site subsurface waste water disposal
system which in whole or component part serves more than one residential
property and/or more than one residential realty improvement.
CLASS N.R.C. denotes an on-site subsurface waste water disposal
system which in whole or component part serves more than one non-residential
property and/or more than one non-residential realty improvement.
CLASS A.W.T. denotes an advanced wastewater technology, which
is alternative to the standard technology allowed by N.J.A.C. 7:9A-1
et seq. Such technology may be allowed by the Board of Health to repair/alter
an existing, malfunctioning septic system in cases where site constraints
do not allow for a repaired/altered system that is fully compliant
with the requirements of N.J.A.C. 7:9A-1 et seq.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
Dependent upon a system's design components, its use and configuration,
none, all, or combinations of the following subclassifications shall
be assigned to licensed systems:
SUBCLASS A denotes that a system has two or more disposal fields
designed to be alternated from the receipt of effluent flow from time
to time. Alternation intervals shall be determined by the Board of
Health or its designee.
SUBCLASS E denotes that the system, by virtue of a Board of
Health condition of approval and/or by virtue of the requirements
of other state or local codes, shall be operated and/or inspected
under the direct supervision of a licensed New Jersey Professional
Engineer and/or a licensed New Jersey Sewer Plant Operator.
SUBCLASS F denotes that a system receives wastes in total, or
in part, from food preparation or food handling operations.
SUBCLASS G denotes that a system has an outside grease collection
trap/tank as one of its components.
SUBCLASS M denotes that there are groundwater monitoring wells
located on the property.
[Ord. #92-2, S 1; Ord. #99-02, S 1; Ord. #2005-05, S 1]
For the purposes of system inspections, maintenance, and monitoring,
the following management parameters shall prevail, notwithstanding
BH13-8 et seq., BH13-9 et seq., and BH13-10 et seq., to the contrary:
CLASS RI AND NRI licensed systems shall be maintained and inspected
a minimum of once every three years or at a time interval deemed appropriate
by the Board of Health or its designee, or any other qualified or
licensed person, partnership, corporation, or public agency delegated
to function within specific limits as an agent of the Board of Health
to carry out provisions of this chapter. If these systems are covered
under a New Jersey Pollution Discharge Elimination System (NJPDES)
permit, than those requirements may be considered instead/or in addition
to the ones listed above.
CLASS RC AND NRC licensed systems shall be inspected a minimum
of once every year or at a frequency as determined by the Board of
Health or its designee, or any other qualified or licensed person,
partnership, corporation, or public agency delegated to function within
specific limits as an agent of the Board of Health or its designee
to carry out provisions of this chapter. If these systems are covered
under a New Jersey Pollution Discharge Elimination System (NJPDES)
permit, then those requirements may be considered instead/or in addition
to the ones listed above.
CLASS A.W.T. systems shall incorporate the following conditions:
a.
All alternative wastewater disposal systems shall be covered by a
minimum three-year renewable service contract, a copy of which is
to be provided to the Health Officer or designee, who shall have the
authority to verify the validity of the same and to request and receive
information from the service provider. The service contract shall
include provisions for the manufacturer or its agent to inspect the
system at least once a year to ensure the system was properly installed
and is functioning properly. The service contract shall also include
provisions that include all costs of repairing any problems associated
with the inadequate function of the disposal system. The service contractor
shall undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time. However, it shall be the responsibility of the homeowner
to assure the proper maintenance and service of the disposal system.
b.
The owner of any system Class AWT who does not renew its service
contract as required in this chapter shall be deemed to have created
a nuisance pursuant to this Code, that shall be deemed a separate
violation for every day the maintenance contract is not renewed.
c.
The owner of any system Class AWT shall provide notice to future
owners of the property by way of a formal notice recorded in the office
of the Somerset County Clerk, on forms provided by the Health Department,
prior to entering into any contract of real estate transfer, so that
any such prospective or actual owner will be fully aware of the presence
of the advanced technology that exists on the property, and the maintenance
requirements that accompany it.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
In addition to the requirements of section BH13-15, any licensed system which has been assigned a subclassification or a combination of subclassifications, shall be subject to the following management parameters:
a.
The owner of every licensed system assigned a subclass A designation
shall have disposal fields alternated semi- annually, or as determined
by the Administrative Authority, unless otherwise specified by State
requirements under a NJPDES permit. The alternation event shall be
reported to the Board of Health on appropriate forms provided by the
Board of Health.
b.
The owner of every licensed system assigned a subclass E designation
shall be inspected semi-annually by a licensed New Jersey Professional
Engineer who shall report the results of the semi-annual inspection
to the Board of Health on appropriate forms provided by the Board
of Health, unless otherwise specified by State requirements under
a NJPDES permit.
c.
The owner of every licensed system assigned a sub-class F designation
shall have septic tanks pumped and cleaned a minimum of once annually,
and the pumping occurrence shall be reported to the Board of Health,
unless otherwise specified by State requirements under a NJPDES permit.
d.
The owner of every licensed system assigned a subclass G designation
shall have the outside grease tank(s)/trap(s) emptied by a licensed
pumper as frequently as needed, but in no case any less frequently
than once every three months (quarterly). Proof of all grease tank(s)/trap(s)
pumping occurrences shall be furnished to the Board of Health within
five days following the pumping event on forms provided by the Board
of Health.
e.
The owner of every licensed system assigned a subclass M designation
shall have groundwater monitored by samples derived from each monitoring
well located on the property a minimum of once a year. The monitoring
well's sample water shall be analyzed for nitrates and volatile organic
chemicals in accordance with accepted practices and performance standards
established by the NJDEP. The method and techniques of obtaining the
samples shall be to the satisfaction of a certifying licensed New
Jersey Professional Engineer. The samples shall be analyzed by a New
Jersey NJDEP certified water laboratory.
f.
All systems covered by a NJPDES permit must submit copies of all
NJPDES reports to the Health Department on a semi-annual basis.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
The Board of Health or its designee shall require the owner
or occupant to conduct other necessary maintenance activity during
regularly scheduled pump out of the on-site waste water disposal system
such as cleaning and unclogging of lines, cleaning of the distribution
box and mechanical equipment. The owner or occupant shall, in each
case, be responsible to pay for the cost of such other maintenance.
In the event that the owner or occupant shall refuse to conduct such
additional maintenance, the Board of Health or its designee may revoke
the license in question.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
Any on-site waste water disposal system or component thereof
which is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1)
shall constitute a nuisance and shall be repaired, modified or replaced
pursuant to an order of the Board of Health or its designee to correct
the condition caused by the malfunction. Alterations shall be performed
in accordance with "Standards for the Construction of Individual Subsurface
Sewage Disposal Systems" as adopted and implemented by the Board of
Health of the Township by virtue of this Code and any amendments thereto.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
The Board of Health hereby retains its authority to abate any
nuisance in the Management District in accordance with the provisions
of N.J.S.A. 26:3-45 et seq.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
In furtherance of the rights granted to the Board of Health
in N.J.S.A. 26:3-45 et seq., the Health Officer or his designee, upon
presentation of identification, shall have the right to enter upon
property of members of the Management District for the purpose of
observation, inspection, monitoring and/or sampling of the on-site
waste water 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 Board of Health as enumerated therein.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
No person shall test an individual subsurface sewage disposal
system in a manner that will adversely affect the functioning of the
system. Hydraulic loading shall not be applied in excess of the design
flow capacity. All solids shall have been removed from the septic
tank and/or grease trap prior to testing unless the hydraulic loading
is applied at a point that will bypass the septic tank and/or grease
trap.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
a.
When it is necessary to abandon a system or components of a system,
all septic tanks, dosing tanks, seepage pits, dry wells and cesspools
which are to be abandoned shall be emptied of wastes and removed or
filled completely with sand, gravel, stones or soil material in a
manner which is acceptable to the Board of Health or its designee.
b.
Except when done as part of, or in conjunction with a repair, a permit
must be obtained prior to abandoning a septic system or component
of a septic system.
[Ord. #92-2, S 1; Ord. #99-02, S 1]
The Board of Health may adopt and promulgate procedural rules
and regulations in furtherance of the goals of this chapter.
[Ord. #92-2, S 1; Ord. #99-02, S 1; Ord. #2002-04; S 1]
Any person violating any of the provisions of this chapter or
any order promulgated under this chapter shall, upon conviction thereof,
pay a penalty of not less than $100 nor more than $500 for each violation.
Each day a particular violation continues shall constitute a separate
offense.
A late charge of $15 per month will be assessed to persons who
do not comply with any part of the licensing requirements, unless
the system owner/operator has applied for, and received, a waiver
of such requirement from the Board of Health Administrative Authority
or his designated representative.
