[Ord. #79-51, 1967 Code § 54-1A]
By the passage of this Chapter, there is hereby adopted a code
regulating the location, construction, use, maintenance and methods
of emptying or cleaning individual sewage disposal systems, the issuance
of permits to locate, construct, empty or clean the systems and fixing
penalties for the violation thereof, pursuant to P.L. 1950, c. 188
(N.J.S.A. 26:3-69.1 to 3-69.6).
[Ord. #79-51, 1967 Code § 54-1B]
This code adopts and establishes standards for the construction
of individual sewage disposal systems as set forth in Subchapter 2
of Title 7, Environmental Protection, Volume A, Water Pollution Control;
the subchapter being entitled "Standards for the Construction of Individual
Subsurface Sewerage Disposal Systems."
[Ord. #79-51, 1967 Code § 54-1C]
Three copies of the within code have been placed on file with
the Secretary, Clerk or other similar office of the Board of Health
of the Borough upon introduction of this Chapter and will remain on
file in the office for use and examination by the general public.
[Ord. #79-51, 1967 Code § 54-1D]
All individual water supply systems to be constructed within
the Borough shall be in compliance with the standards for construction
of public noncommunity and nonpublic water systems as set out in Environmental
Protection, Volume A, Subchapter 3, of the code promulgated by the
Bureau of Potable Water, which code is entitled "Standards for Construction
of Public Noncommunity and Nonpublic Water Systems." Three copies
of the code have been filed with the Clerk or Secretary of the Board
of Health of the Borough and will remain on file in the office for
use and examination by the public.
[Ord. #79-51, 1967 Code § 54-1E]
All future amendments of both codes, once promulgated in accordance
with the regulations of the New Jersey Administrative Register, shall
become a part of this Chapter without further introduction and passage
by the Board of Health of the Borough.
[Ord. #79-51, 1967 Code § 54-2A]
No person shall locate, construct, reconstruct, renovate, alter,
repair or extend an individual sewage disposal system within the Borough
until a permit has been issued by the Board of Health of the Borough.
[Ord. #79-51, 1967 Code § 54-2B; Ord. #99-Code-64,
§§ 1, 2]
Such permit for an individual sewage disposal system shall be
issued by the Board of Health of the Borough, or its duly authorized
agent, in accordance with the following:
a.
A permit may be issued upon the applicant's completing the necessary
application form together with the appropriate fee and submitting
the necessary surveys with sufficient detail and other engineering
data, which engineering data shall be furnished by a licensed, professional
engineer and certified by the engineer and shall be required to show
the proposed construction is in compliance with the standards determined
by the New Jersey Department of Health and this Chapter.
b.
Any amendments to any application shall conform to such requirements
of the Oakland Board of Health or its designated representatives.
c.
In determining whether an applicant is entitled to a permit to construct
an individual sewage disposal system, the Board of Health or its designated
agent shall consider the applicant's percolation test and soil logs,
which shall be furnished to the Board of Health and become a part
of its records.
d.
Upon certification to the Oakland Board of Health or its designated
representative that the application and the accompanying engineering
data are in compliance with applicable standards, and payment of the
appropriate fees, the Board of Health or its designated representative
may issue a permit for the construction of an individual sewage disposal
system upon payment of the proper fee, as set forth in this Chapter.
[Ord. #79-51, 1967 Code § 54-3A]
No person shall engage in the business of constructing, reconstructing,
repairing, renovating, altering and/or extending any individual sewage
disposal system within the Borough without first having obtained a
license to do so from the Oakland Board of Health or its designated
representative.
[Ord. #79-51, 1967 Code § 54-3B]
The applicant must show proof of his knowledge and experience
in the installation of individual sewage disposal systems to the satisfaction
of the Board of Health or its designated representative prior to the
issuance of the license. The Board of Health or its designated representative,
in issuing a license, may require the applicant to complete a written
examination or questionnaire as shall be approved by the Board of
Health.
[Ord. #79-51,1967 Code § 54-3C]
The license shall be issued for a period from January 1 to December
31, and all licenses shall expire on December 31 of each year. A license
may be renewed upon proper application to the Board of Health.
[Ord. #79-51, 1967 Code § 54-3D]
A license issued to an applicant may be revoked in accordance
with a hearing given to the particular licensee for cause which shall
include, but not be limited to, the failure of the licensee to comply
with the provisions or standards of any rule of the State Department
of Health, ordinance of the Oakland Board of Health or written order
of the Board of Health or its designated representative.
[1]
Editor's Note: Former subsection 6-3.5, License Not Required
of Resident-Owner of Premises Where Work Being Done, previously codified
herein and containing portions of 1967 Code § 54-3E and
Ord. No. 79-51 was repealed in its entirety by Ordinance No. 99-Code-64.
[Ord. #07-Code-78, § 1]
In order to apply for a license to construct, alter or repair
any individual sewage disposal system within the Borough of Oakland,
a contractor shall annually provide to the Oakland Board of Health
the following:
b.
A $20,000 surety and license bond satisfactory to and guaranteeing
the Board of Health for any installation, repair or alteration of
a sewage disposal system within the Borough of Oakland that said installation,
repair or alteration is done in accordance with all laws, ordinances
and regulations (including amendments thereto) established by the
Board of Health and the Borough of Oakland relative to such work.
The bond furnished pursuant to this subsection shall remain in effect
for no less than a period of one year and run concurrent with the
term of the contractor's license granted hereunder.
c.
A certificate of insurance made out to the Borough of Oakland for
$1,000,000.
d.
A copy of current Department of Consumer Affairs Contractor's Registration
Certificate.
[Prior ordinance history includes portions of 1967 Code §§ 54-4A,
54-4B and Ord. No. 79-51]
[Ord. #11-Code-84]
The licensed professional engineer shall supply, in triplicate,
within 30 days of completion of the installation or alteration of
the individual subsurface sewage disposal system a Certificate of
Compliance stating the system is in compliance with the rules and
regulations of the State of New Jersey and the Oakland Board of Health.
[Ord. #11-Code-84]
The licensed professional engineer shall supply, in triplicate,
within 30 days of completion of the installation or alteration of
the individual subsurface sewage disposal system detailed drawings,
known as "as-built drawings," of the individual sewage disposal system
as completed.
[Ord. #11-Code-84]
The Certificate of Compliance for repairs requiring no engineering
will be supplied by the Administrative Authority that performed the
inspection of work done.
[Ord. #79-51, 1967 Code § 54-5A]
In case any individual sewage disposal system approval or any
permit or certification required by this Chapter is denied by the
Board of Health or its designated representative, a hearing shall
be held by the Board of Health within 30 days after a request has
been made by the applicant. After such hearing, the Board of Health
shall affirm, alter or rescind its previous determination within 30
days of such hearing.
[Ord. #79-51, 1967 Code § 54-5B]
The Board of Health or its duly designated representative, may
order all future work in and about any individual sewage disposal
system which is being erected, altered, repaired, renovated or installed
in violation of this code, stopped forthwith, except for such work
as may be necessary to remedy such violation or to make the conditions
about the premises safe for any parties or persons who may be about
the premises. The work may not be continued thereafter until all violations
have been remedied, in accordance with this code or the directions
of the Board of Health or its designated representative.
[1]
Editor's Note: Former Section BH6-6, Certification and Surety
for Individual Sewerage Facilities, previously codified herein and
containing portions of Ordinance No. 79-51, 1967 Code §§ 54-6B,
54-6C and Ordinance Nos. 99-Code-64 and 00-Code-71, was repealed in
its entirety by Ordinance No. 07-Code-78.
[1]
Editor's Note: Former Section BH6-7, Use of Compacted Fill;
Proximity to Watercourses, previously codified herein and containing
portions of Ordinance No. 79-51, 1967 Code § 54-7, was repealed
in its entirety by Ordinance No. 07-Code-78.
[1]
Editor's Note: Former Section BH6-8, Laundry and Kitchen Facilities
containing portions of Ordinance Nos. 79-51, 07-78 and 1967 Code § 54-8
was repealed in its entirety by Ord. No. BH 16-Code-93.
[Ord. #79-51, 1967 Code § 54-9A]
No person shall engage in the business of emptying or cleaning septic tanks, cesspools, privies or other places receiving sewage without first obtaining a license from the Oakland Board of Health or its designated representative and paying the applicable fee, as set forth in Section BH6-11 of this Chapter.
[Ord. #79-51, 1967 Code § 54-9B]
Only equipment which shall be in compliance with the rules and
regulations of the Public Utility Commission and inspected and approved
by the Board of Health shall be used in cleaning septic tanks or other
places for the reception of sewage or human excrement. The following
regulations shall at least cover, as minimum standards, all equipment
which is used within the Borough.
a.
Mobile tanks shall be securely mounted on trucks, shall be watertight
and provided with a leakproof cover.
b.
Mobile tanks shall be provided with a vent constructed in a manner
that will permit the escape of gas but not the liquid contained therein.
c.
Pumps shall be maintained in a condition that will prevent the leaking
of sewage.
d.
Only suction or pressure hoses in good repair shall be used.
e.
The operation or cleaning or emptying of septic tanks or other places
used for the reception or storage of human excrement shall be so conducted
that no liquid or excremental material will be deposited on the ground
adjacent to the structure being cleaned. In the event that any spillage
occurs, the solid portion shall be immediately removed and disposed
of in a sanitary manner and the area covered with earth or a chlorine-bearing
compound.
f.
The contents of septic tanks, cesspools, privies or other places
used for the storage of human excrement shall be removed to a place
and in a manner approved by the Board of Health or its designated
representative. If a sanitary sewer is available, it shall be used
in preference to all other means of disposal and in a way and manner
acceptable to the authority having jurisdiction.
g.
The contents of any septic tanks, cesspools, privies or other places
receiving sewage shall not be removed until an appropriate permit
has been obtained from the Oakland Board of Health or its designated
representative.
[Ord. #79-51, 1967 Code § 54-10A]
The Board of Health or its designated representative shall make
sufficient inspections during the course of construction of any individual
sewage disposal system to determine if the soil beneath the septic
tank, distribution box or seepage pit is adequate to support such
structure, if excavation for the disposal area or seepage pits discloses
a type of soil that will confirm the results of percolation tests
and that the system has been constructed in accordance with the provisions
of this code. The Board of Health or its designated representative
may require additional percolation tests in the actual disposal area
or at the stratum to be used for sewage disposal.
[Ord. #79-51, 1967 Code § 54-10B]
Individual sewage disposal systems, or parts thereof, shall
not be covered until inspected by the Board of Health or its designated
representative and permission granted for such backfill. Any part
of the disposal system which has been covered without such permission
shall be uncovered upon the order of the Board of Health or its designated
representative.
[Ord. #79-51, 1967 Code § 54-10C]
The issuance of a certificate of compliance shall only constitute
certification that the individual sewage disposal system has been
constructed in compliance with this code. It shall not be construed
as a guarantee that the system will function satisfactorily, nor shall
it in any way restrict the powers or responsibilities of the Board
of Health in the enforcement of any law or ordinance relating to public
health.
[Ord. #79-51, 1967 Code § 54-11; Ord. #99-Code-64,
§ 5; Ord. #00-Code-67, § 1; Ord. #07-Code-78,
§ 4; Ord. #11-Code-84; Ord. No. BH 16-Code-92; Ord. No. BH 16-Code-93]
a.
The fee for witnessing the soil profile pits, reviewing the engineer's Application to Construct an Individual Subsurface Sewage Disposal System, the initial site plan and one revised site plan for a new system shall be $450. The fee for witnessing the soil profile pits, reviewing the engineer's Application to Construct an Individual Subsurface Sewage Disposal System, the initial site plan and one revised site plan for an alteration to an existing system shall be $350. Site plans submitted for the project subsequent to the submission of the initial site plan and application shall be considered revisions and shall be subject to the re-review fees set forth in Section BH6-11j, Re-review Fees.
b.
The fee for a permit to construct a new individual subsurface sewage
disposal system shall be $525. The fee for a permit to alter an existing
individual subsurface sewage disposal system shall be $350. The permit
to construct or alter any septic system which includes an alternative
waste treatment unit shall require the payment of an additional fee
of $100 for the monitoring by the Board of Health of the maintenance
of service contracts thereon. An "alternative waste treatment unit"
refers to any unit that pretreats effluent, requiring the property
owner to maintain in force an annual service and inspection contract
pursuant to the Individual Sewage Disposal Code of New Jersey, N.J.A.C.
7:9A. The permit to construct an individual subsurface disposal system
shall only be issued to an Oakland Board of Health licensed septic
installer.
c.
The fee for the issuance of a permit to repair or replace baffles,
pipes or lids for an individual subsurface sewage disposal system
shall be $90. The fee for the issuance of a permit for any other type
of repair to an individual subsurface sewage disposal system shall
be $175. Repair permits must be paid for at the time the installer
files the application with the Board of Health for work in connection
with a repair.
d.
The fee for the inspection and documentation of the abandonment of
an individual subsurface sewage disposal system connected to a structure
scheduled for demolition shall be $90.
e.
The fee for each reinspection of an individual sewage disposal system,
or part thereof, caused by the failure of the permittee to locate,
construct, alter, renovate, repair or extend the same in accordance
with the requirements of the permit or any written order of a duly
authorized agent of the Board of Health shall be $100 for each hour
or portion thereof which may be spent at the site by the Board of
Health or its designated representative.
f.
The fee for the issuance or renewal of a license issued under subsection BH6-9.1 of this Chapter shall be $150.
h.
The fee for the issuance of a license issued under Section BH6-3 of this Chapter shall be $150. Effective January 1, 2013, the fee shall be $200.
i.
For the issuance of a permit to clean or empty any receptacle used
for the reception or storage of human excrement or other putrescible
material, the fee shall be $5.
j.
Re-review Fees.
First revision - No charge
Second revision - $50.
Third and subsequent revisions - $100.
k.
All fees shall be payable to the Borough of Oakland.
[Ord. #93-279, § 1; Ord. #07-Code-78, § 5]
Shall mean any design and/or installation of a septic system
for construction adding onto an existing residence or building which
would increase the number of bedrooms or the total square footage
of a commercial space.
Shall mean any design and/or installation of a septic system
for the construction of a new residence or building.
Shall mean one who installs or repairs septic systems.
Shall mean any method for disposing of sewage and waste including,
but not limited to, septic tanks, sewers, cesspools, and privies.
[Ord. #93-279, § 2; Ord. #99-Code-64, § 6;
Ord. #07-Code-78, § 6]
a.
All septic installers and repairers shall be licensed annually by the Oakland Board of Health. Said license shall be issued in accordance with the provisions set forth in subsection BH6-3.6 of the Borough Code and applicable State law. Upon passing the appropriate examination and paying the required fees, all licenses shall be issued for a period of one year beginning at January 1 and ending at December 31.
b.
All septic installers and repairers shall maintain appropriate liability
insurance, errors and omissions insurance and worker's compensation
insurance in an amount to be determined by the Board of Health.
c.
All septic installers and repairers shall provide the particular
homeowner or owner of commercial building with a written estimate
prior to the commencement of work and shall fill out the appropriate
application with the Board of Health in connection with the proposed
work.
d.
No work shall be undertaken for the installation, alteration, reconstruction,
extension, or repair of any septic system in the Borough of Oakland
without first submitting the required application, the proper fee,
and receiving the necessary permits.
e.
The license of a septic installer or repairer may be revoked or suspended
by the Board of Health upon a showing that the installer or repairer
violated the terms of this ordinance, engaged in conduct which has
caused improper and unnecessary repairs or replacement of a septic
system, or inflated the price for completion of the work.
[Ord. #93-279, § 3]
a.
No person, corporation or entity who is engaged in the business of
constructing or repairing septic systems in the Borough of Oakland,
or within any other municipality in the Counties of Bergen and Passaic,
State of New Jersey, shall inspect any septic system in the Borough
of Oakland in connection with the resale of a residence or commercial
building or the issuance of a mortgage commitment or other financing
for such residence or commercial building.
b.
It shall be unlawful for any person, corporation or entity who is
engaged in the inspection of a septic system by a purchaser, seller
or financial institution, including a mortgage broker, to recommend
a septic installer or septic repairer including any individual, person
or business entity who is engaged in the installation or repair of
septic systems, for the purpose of doing any septic installation or
septic repair on a residence or commercial building within the Borough
of Oakland which has a septic system.
c.
In the event a home inspector, engineer, plumber or any other person,
corporation or business entity discovers or ascertains that a septic
system is in need of installation or repair, it shall be the duty
of that individual to inform the owners of the property that he may
obtain from the Borough of Oakland Board of Health a list of septic
installers or septic repairers who are licensed within the Borough
of Oakland.
[Ord. #93-279, § 4; Ord. #99-Code-64, § 7]
a.
Violations of this section shall be punishable by a fine of up to
$500 and/or imprisonment when permitted under N.J.S.A. 26:3-77.
b.
In case a defendant shall have been twice convicted within a period
of six months of a violation of the same health ordinance, the court
may impose an additional penalty in accordance with N.J.S.A. 26:3-78
of imprisonment in accordance with that statute.
c.
The Board of Health shall administer the terms of this section, and
violations of this section may be prosecuted by either the Board of
Health or by other appropriate officials of the Borough of Oakland.
d.
All penalties collected in any prosecution for a violation of a health
ordinance including this section or Code of the Oakland Board of Health
shall be paid by the Board of Health into the treasury of the Borough
of Oakland.
