Editor's Note: Previous ordinances codified herein
include Ordinance Nos. 89-1A, 89-2A, 91-1A, 91-2A, 91-3A, 2007-2,
2007-3.
[Ord. No. BH2016-1 § 1]
The title of this chapter shall be "Standards for Individual
Subsurface Sewage Disposal Systems."
[Ord. No. BH2016-1 § 3]
Except as provided in this chapter, the regulations (the "Code")
adopted by the New Jersey State Department of Environmental Protection
establishing uniform standards for individual subsurface sewage disposal
systems titled "Standards for Individual Subsurface Sewage Disposal
Systems," N.J.A.C. 7:9A et seq. are hereby adopted. A copy of said
regulations (Code) are annexed hereto and incorporated by reference
in this chapter.
[Ord. No. BH2016-1 § 4]
Three copies of the Individual Subsurface Sewage Disposal Systems
regulations (N.J.A.C. 7:9A et seq.) have been placed on file in the
office of Administrative Secretary of the Board of Health upon introduction
of this chapter, and will remain on file there for the use and examination
by the public.
[Ord. No. BH2016-1 § 5]
The Individual Subsurface Sewage Disposal Systems regulations
are adopted without change except as modified and supplemented for
this chapter as follows:
a.
N.J.A.C. 7:9A-1.4. Practice Where Rules Do Not Govern.
The Administrative Authority shall exercise its discretion in
respect to any matters not governed by this chapter or the Code, as
it may be amended and supplemented by the Department.
b.
N.J.A.C. 7:9A-1.6. General Prohibitions.
(a)-(c) No change from the Code.
(d)
A System shall not be located, designed, constructed,
installed, altered or operated in a manner that will allow the discharge
of an effluent onto the surface of the ground, or into any Well, water
course or detention basin. The existence of any effluent on the surface
of the ground in the vicinity of any part of a septic system regardless
of the amount or volume shall constitute presumptive evidence of a
violation of this Section.
(e)
The Administrative Authority shall not approve the construction or alteration of a System when connection to a sanitary sewer line is required under Section BH4-6 of this chapter.
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(f)-(g) No change from the Code.
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(h)
The installation of Cesspools or Seepage Pits is
prohibited.
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(i)-(l) No change from the Code.
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c.
ADMINISTRATIVE AUTHORITY
BOARD OF HEALTH
CODE
OWNER
N.J.A.C. 7:9A-2.1. Definitions.
No change for any of the words and terms defined in this section
of the Code, except as follows:
Means and refers to the Warren Township Board of Health having
jurisdiction or its authorized agent.
Means and refers to the Warren Township Board of Health.
Means and refers to Chapter 9A of Title 7 of the regulations
adopted by the New Jersey Department of Environmental Protection titled
"Standards for Individual Subsurface Sewage Disposal Systems" effective
April 2, 2012 (N.J.A.C. 7:9A-1 et seq.).
Means and refers to a Person who holds ownership in fee of
Property, and shall include, when the context requires, any other
Person in possession or control of Property.
d.
N.J.A.C. 7:9A-3.1. Ordinances.
(a)-(c) No change from the Code.
(d)
The Administrative Authority may, after written
application and a hearing, and for good cause shown, grant permission
for variations from the provisions of this chapter, but no variation
shall be permitted under this Section which would result in a failure
to comply with the standards adopted by the Department for the construction
of a System.
(e)
Applicants to the Administrative Authority for variations from the
provisions of this chapter, for subdivision certification, or for
site plan approval, for new or existing Systems shall give written
notice of the application to the Owners of all real Property as shown
on the current tax map located within 200 feet in all directions of
the Property which is the subject of the application. Notice shall
be given by personal service or certified mail. The Applicant shall
file an affidavit of service, or proof of service with the Administrative
Authority prior to the meeting at which action is scheduled to be
taken on the application.
(f)
In the event that any present or future State law or regulation imposes
standards more stringent than those contained in this chapter, the
more stringent standards shall supersede the requirements of this
chapter.
e.
N.J.A.C. 7:9A-3.3. Existing Systems.
(a)-(e) No change from the Code.
(f)
An application to permit an Alteration or repair
which departs from the requirements of this chapter to an existing
System that has been determined to be malfunctioning may be acted
upon by the Health Officer without review and formal hearing before
the Board of Health. The Health Officer may act only if the Alteration
or repair is not required for an intensification, expansion, or change
of use, and further provided that the proposed Alteration or repair
is in compliance with the Code, as it may be amended and supplemented
by the Department. The application may also be referred to the Board
of Health for action at the discretion of the Health Officer.
f.
N.J.A.C. 7:9A-3.5. Permit to Construct or Alter.
(a)
No change from the Code.
(b)
1.
The Administrative Authority shall not issue a Permit to construct,
install or alter a System until an application has been submitted
as prescribed in (c) below and, based upon a review of the application
submitted, the location and design of the proposed System are found
by the Administrative Authority to be in conformance with the requirements
of this chapter, and any applicable amendments or changes to the Code
as adopted by the Department.
2.
Any Permit issued by the Administrative Authority shall be void and
invalid if the authorized work is not commenced within 12 months after
issuance of the Permit, or if the authorized work is not completed
within a period of six months after work is commenced.
3.
The Administrative Authority or its authorized agent may order all
or any part of the work in and about any System to be halted immediately
when the work is being conducted in violation of this chapter or any
applicable amendments or changes to the Code as adopted by the Department.
The order shall be served upon the Owner, or the Person performing
the work, or by posting a copy of the order on the Property.
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(c)-(f) No change from the Code.
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(g)
The Septic System Designer shall certify in writing
with the application that the plans for the proposed System are in
compliance with this chapter, and any amendments or changes to the
Code as adopted by the Department, and all other applicable statutes,
regulations, and ordinances.
(h)
1.
A Permit to construct and install a System shall be valid only for
excavation of the disposal field area to demonstrate to the satisfaction
of the Administrative Authority that the subsurface conditions are
consistent with the test results submitted by the Applicant and that
such conditions are capable of supporting the proposed System.
2.
Except for the excavation of the disposal field, no additional construction
or installation of a System, the dwelling served, or other structure
shall be commenced until the excavated disposal field has been inspected
and approved by the Administrative Authority and the System Permit
endorsed to authorize construction to proceed.
g.
N.J.A.C. 7:9A-3.6. Witnessing of Soil Evaluation and Testing; Duration
of Test Results.
(a)
No change from the Code.
(b)
The Administrative Authority may affirmatively waive the requirements
for witnessing of soil evaluation or testing procedures, but no such
waiver shall be construed from the failure of the Administrative Authority
to be present for the evaluation or testing procedures.
(c)
Permeability tests, percolation tests, soil logs and borings, and
seasonal high groundwater test results submitted to the Administrative
Authority shall be valid for a period of two years from the date the
tests were performed. Permeability tests, percolation tests, soil
logs and borings, and determinations of seasonally high water table,
which do not comply with this requirement, will not be accepted by
the Administrative Authority for the design and location of a System.
(d)
The two-year period during which test results are acceptable may
not be extended, and no variations from this requirement shall be
granted by the Administrative Authority. However, the two-year period
shall be tolled on completed applications that have been filed in
their entirety with the Administrative Authority with test results
performed within two years of the filing date.
h.
N.J.A.C. 7:9A-3.20. Hearing Procedures.
When any license, Permit, or certification required by this
chapter is denied by the Administrative Authority, the aggrieved Applicant
may request a hearing before the Board of Health. The hearing shall
be held before the Board of Health within 15 business days after the
filing of written request by the Applicant with the Administrative
Secretary of the Authority. Upon such hearing, the Board shall affirm,
alter or rescind the previous determination and take action accordingly
within 15 business days after the date of such hearing. If the aggrieved
Applicant is dissatisfied with the determination, the Applicant may
file an action in a court of competent jurisdiction pursuant to the
rules of the Superior Court of New Jersey.
i.
N.J.A.C. 7:9A-4.3. Distances.
The minimum separation distance between the various components
of the System and the other features listed shall conform to and be
maintained in accordance with Table 4.3 below. The location of a new
Well must be in conformance with the requirements of N.J.A.C. 7:9D.
No Permit or waiver issued outside of this chapter by any local, State
or Federal entity shall be construed to permit deviation from or a
waiver of the separation distances requirements listed in the Table
4.3 below.
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Table 4.3 Minimum Required Separation Distances (feet)
[Distances modified from the Code (N.J.A.C. 7:9A et seq.) are
underlined.]
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Component
|
Reservoir, Well or Suction Line
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Water Service Line, Pressure
|
Watercourse (1, 12)
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Occupied Building
|
Property Line (15)
|
Disposal Field
|
Existing Seepage Pit or Cesspool
|
In-ground Swimming Pool or Detention Basin
|
|
Building Sewer
|
50(2)
|
5
|
—
|
—
|
—
|
—
|
—
|
—
|
|
Septic Tank
|
50(2)
|
10
|
50(2,5)
|
10(6)
|
15
|
—
|
—
|
20
|
|
D-Box (14)
|
75(2)
|
10
|
100 (2,5)
|
30
|
15
|
—
|
—
|
20
|
|
Disposal Field (11)
|
100 (2,4)
|
10
|
100 (2,3,5)
|
30(7)
|
15
|
50(8)
|
50
|
50
|
|
Seepage Pit (9)
|
150 (2, 13)
|
50
|
100 (2, 5)
|
50(7)
|
20
|
50
|
—
|
50
|
|
Dry Well
|
75
|
—
|
—
|
10
|
15
|
50
|
50
|
—
|
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Notes to Table 4.3:
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|---|---|
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(1) - (8)
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No change from the Code
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(9)
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Seepage Pits are not permitted except as provided under Section
5(m) of this Ordinance modifying Code Section 7:9A-7.3.
|
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(10)
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[Reserved]
|
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(11) - (15)
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No change from the Code
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j.
N.J.A.C. 7:9A-5.8. Criteria for Recognition of Zones of Saturation.
(a)
No change from the Code.
(b)
1.
The upper limit of the zone of saturation, which is the seasonally
high water table, shall be determined based upon all of the following:
i.
During the months of January through April, inclusive, water
levels shall be measured directly within soil profile pits or borings.
Whenever the Department determines that there has been a significant
departure from normal climatic conditions the Department may, with
due notice to the Administrative Authority, lengthen or shorten the
period allowed for direct measurement during any given year.
ii.
A test in the disposal area shall be conducted to provide evidence
of the seasonally high water table. This test shall be conducted in
a manner to allow for ground water equilibrium to be reached over
a period of not less than seven calendar days from the start of the
test, through a method to be proposed by the Applicant's Septic
System Designer and agreeable to the Administrative Authority and
the Township Engineer. The seasonally high groundwater test results
shall be certified by septic system designer and witnessed by a representative
of the Administrative Authority. Reports of the depth to the seasonally
high water table shall be provided in a format acceptable to the Administrative
Authority.
iii.
The seasonally high groundwater levels for the site as determined
by the Soil Conservation Service shall be provided to the Administrative
Authority with the Permit application.
iv.
When an interceptor drain is proposed to control a perched zone
of saturation, or when doubt exists as to whether a zone of saturation
is regional or perched, a hydraulic head test meeting all of the conditions
of N.J.A.C. 7:9A-5.9 shall be required.
v.
The Administrative Authority may require additional information
and testing concerning the seasonally high ground water table.
2.
Where mottling is observed, at any season of the year, the seasonally
high water table shall be taken as the highest level at which mottling
is observed, except when the water table is observed at a level higher
than the level of the mottling as provided in subparagraph (b) 1.
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(c)-(f) No change from the Code.
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(g)
Excavation and removal of a hydraulically restrictive
horizon above an artesian zone of saturation for the installation
of a soil replacement or mounded soil replacement disposal field is
prohibited.
k.
N.J.A.C. 7:9A-6.1. General Provisions for Permeability Testing.
(a)-(d) No change from the Code.
(e)
When the
percolation test is used the following requirements shall be met:
1.
When the percolation test is used to determine the design permeability
at the level of infiltration, the Administrative Authority shall require
a minimum number of acceptable percolation tests based upon the size
of the proposed disposal field as follows:
|
Size of Disposal Field
(square feet)
|
Minimum Number of Acceptable Tests Per System
| |
|---|---|---|
|
Blackwater Waste System
|
Greywater Waste System
| |
|
Less than 1,500
|
2
|
2
|
|
1,500 to 3,000
|
3
|
3
|
|
3,000 to 4,000
|
4
|
4
|
|
4,000 to 6,000
|
5
|
5
|
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(e)2-(e)7 No change from the Code.
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8.
If unacceptable percolation test results for a Property
have been obtained in the past, the Board of Health shall first conduct
a hearing prior to accepting later test results. The Applicant shall
have the burden of proving the reliability of the later test results,
failing which they shall not be accepted.
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(f)-(l) No change from the Code.
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l.
N.J.A.C. 7:9A-6.2. Tube Permeameter
Test.
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(a)-(k) No change from the Code.
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(1)
If
unacceptable permeability test results for a Property have been obtained
in the past, the Board of Health shall first conduct a hearing prior
to accepting later test results. The Applicant shall have the burden
of proving the reliability of the later test results, failing which
they shall not be accepted.
m.
N.J.A.C. 7:9A-7.3. Type of Waste.
(a)
The System(s) shall be designed to receive all sanitary sewage from
the building served as follows:
1.
Separate Systems shall be designed to receive only Greywater waste
and only Blackwater waste, as required in subsection (n) (Code section
7:9A-7.5), below.
2.
Laundry wastes may be discharged into an existing Seepage Pit when
approved by the Administrative Authority as a means of reducing hydraulic
loading on an existing disposal field which has been malfunctioning,
provided, however, no new Seepage Pits shall be permitted.
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(b)-(e) No change from the Code.
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n.
N.J.A.C. 7:9A-7.5. Separate Disposal of Greywater and Blackwater.
(a)
If Greywater is to be discharged, separate Systems (a split System)
each meeting all the requirements of this chapter for such Systems
shall be provided and the Greywater shall discharge into a Greywater
System and the other wastes shall discharge into a Blackwater System.
The volume of sanitary sewage used in the design of the Blackwater
System and the Greywater System shall be a minimum of 75% of the volume
of sanitary sewage determined as prescribed in the Code, except as
otherwise provided in subparagraph (b).
(b)
The minimum required bottom area of the disposal field of the Greywater
System shall in no case be less than 600 square feet per laundry room.
o.
N.J.A.C. 7:9A-8.3. Advanced Wastewater Pretreatment Components.
(a)-(d) No change from the Code.
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(e)1-(e)3 No change from the Code.
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(e)
4.
License Required. A license issued by the Administrative
Authority shall be required to operate an advanced wastewater treatment
or disposal technology System.
5.
Issuance of License. The license shall be issued to the Owner of
the Property, subject to compliance with the provisions of this chapter
and any applicable changes or amendments to the Code adopted by the
Department, and upon the filing of a fully executed service agreement
and the reporting information required under subsection (e)(2) of
this section for any System using advanced wastewater treatment or
disposal technology(ies). All licenses issued pursuant to this section
shall be on a form provided by the Administrative Authority upon payment
of the applicable fees.
6.
Expiration/Renewal. The license to operate an advanced wastewater
treatment or disposal technology System shall be renewed annually
by the Administrative Authority upon receipt of the required fee and
satisfaction of the annual reporting requirements described in this
subsection. A license shall be transferable upon change of ownership
of the Property for which the license has been issued upon notice
to the Administrative Authority. Any System for which a valid license
is not in effect shall be deemed a nuisance pursuant to this chapter,
and the Owner shall be subject to a separate violation for each day
the System is in operation without a valid license.
7.
Suspension of License. The Administrative Authority may suspend or
revoke the license to operate under the following circumstances:
i.
It has been determined that the System is malfunctioning based
upon criteria provided for in this chapter (N.J.A.C. 7:9A-3.4(a))
and the licensee fails to take immediate steps to correct said malfunction
as directed by the Administrative Authority; or
ii.
The Owner or occupant of the Property served by the System violates
any provision of this chapter or any applicable amendments or changes
to the Code adopted by the Department with respect to operation, maintenance,
and/or reporting for the System; or
iii.
The Owner or occupant of the Property served by the System denies
the right of entry to the Administrative Authority or its agent, or
to the Department as required in this chapter (N.J.A.C. 7:9A-3.19),
or interferes with the administration or enforcement of this chapter;
or
iv.
The System is deemed to be a nuisance pursuant to this chapter.
p.
N.J.A.C. 7:9A-10.1. General Design Requirements for Disposal Fields.
(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.
1.
Provision shall be made for expansion of the System equal to not
less than 100% of the required size of the System itself.
2.
No construction of a System, a dwelling, or other building on the Property shall be commenced until the entire disposal field area is first excavated and subsurface conditions are found by the Administrative Authority to be fully consistent with the test results submitted by the Applicant and capable of properly supporting the proposed System. The Permit application process for such excavation is described in Section BH4-4f of this chapter (N.J.A.C. 7:9A-3.5(h) as modified by this chapter). The excavation and the disposal area shall at all times be fully protected with appropriate fencing for safety reasons, and to prevent the intrusion of vehicles, equipment, etc., into the disposal area. Such excavation shall not be allowed to remain open to the atmosphere for extensive periods. The Applicant shall, upon the opening of the excavation, promptly apply for the inspection and approval referred to in Section BH4-4f of this chapter (N.J.A.C. 7:9A-3.5(h) as modified by this chapter), and, after receiving the endorsement referred to therein, shall protect the disposal area through the installation of (temporary) select fill to the satisfaction of the Administrative Authority, or complete the construction of the System or of the elements to be installed in the disposal field area.
(b)1-(b)3 No change from the Code.
(b)
4.
Mounded installation: Fill material shall be placed
above the Existing Ground Surface; the disposal field shall be installed
within the fill; and the level of infiltration shall be one to four
feet above the Existing Ground Surface (measured on the upslope side
of the disposal bed or each individual disposal trench), as shown
in Figure 20 of Appendix A of the Code.
i.
Mounded disposal fields shall not be permitted when the upper
limit of the mound exceeds the height of four feet above the Existing
Ground Surface, except on formal application and hearing before the
Board of Health, and for good cause shown. The Board of Health shall
consider the following conditions (in addition to any other conditions
set forth in this chapter and any applicable amendments or changes
to the Code as adopted by the Department) in determining whether a
mounded disposal field shall be permitted:
ii.
When a mounded disposal field is permitted, the top surface
of the fill layer at the outside edge of the mounded System shall
be sloped to existing ground at a grade not exceeding 4 to 1.
5.
Mounded soil replacement installation: An excavation
shall be made below the Existing Ground Surface; fill material shall
be placed within this excavation and mounded up above the Existing
Ground Surface; the disposal field shall be installed within the fill;
and the level of infiltration shall be at Existing Ground Surface
or up to four feet above the Existing Ground Surface (measured on
the upslope side of the disposal bed or each individual disposal trench),
as shown in Figure 21 of Appendix A of the Code.
i.
Mounded
soil replacement disposal fields shall not be permitted when the upper
limit of the mound exceeds the height of four feet above the Existing
Ground Surface, except on formal application and hearing before the
Board of Health, and for good cause shown. The Board of Health shall
consider the following conditions (in addition to any other conditions
set forth in this chapter and any applicable amendments or changes
to the Code as adopted by the Department) in determining whether a
mounded soil replacement disposal field shall be permitted:
ii.
When a mounded soil replacement disposal field is permitted, the
top surface of the fill layer at the outside edge of the mounded System
shall be sloped to existing ground at a grade not exceeding 4 to 1.
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(c)-(e) No change from the Code.
|
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(f)1-(f)6 No change from the Code.
|
7.
If suitable soils as defined by this chapter (See
N.J.A.C. 7:9A-2 et seq.) are not shown to exist between the bottom
of the fill material and the level at which testing was performed
to demonstrate the permeability of the zone of disposal, the fill
material shall be extended fully to the depth of such testing.
[Ord. No. 91-2A § 1; Ord. No. 91-3A § 1; Ord. No. BH2016-1 § 6]
a.
Connection to Sanitary Sewer Line Required.
1.
Except as provided in paragraph b of this section, any owner of Property
where a sanitary sewer line is available within 200 feet from a Dwelling
Unit, or 300 feet of Commercial Unit shall connect the Building Sewer
to the sanitary sewer line within 90 days after notice from the Administrative
Authority. The distance shall be measured from the point of connection
to the sanitary sewer line as determined by the engineer representing
the municipal sewerage authority to the nearest point of the building
at ground level. The measurement shall be determined in a horizontal
straight line in a vertical projection from above the Property. For
the purpose of this section, a sanitary sewer line shall be considered
available when the following conditions are met:
(a)
Connection of the facility to the sanitary sewer line may be
accomplished without blasting bedrock, acquiring an easement or right-of-way
to cross an adjoining Property, or crossing a watercourse, railway,
major highway or other significant obstacle; and
(b)
The Property to be served is located within the designated sewer
service area of the sewage treatment plant to which the sanitary sewer
line is connected.
2.
Where the sanitary sewer line is available, but where the distance
between the line and the structure exceeds that specified in subparagraph
(1), the Owner of Property already served by a System shall nevertheless
be required to connect unless the owner establishes to the satisfaction
of the Administrative Authority that the System serving the Property
is functioning as designed, safely, in accordance with all applicable
laws and regulations as certified by a Septic System Designer or Septic
System Inspector.
b.
Exemptions and Deferrals. Where the Property is already served by
a System, the Board of Health may, after written application and a
hearing, and for good cause shown, grant:
1.
An exemption from the mandatory requirement for connection to the
sanitary sewer line under subsection (a) if as a result of physical
conditions upon the Property, including but not limited to subsurface
formations or topography, connection would be exceptionally difficult
or impracticable and result in substantial hardship to the Owner,
provided however, that the Owner complies with the conditions set
forth in subsections (c)(1) through (c)(4).
2.
A deferral from the mandatory requirement for connection to the sanitary
sewer line under subsection (a) if the System serving the Property
has been replaced within 24 months prior to the Administrative Authority's
issuance of the notice to the Owner to connect to the sanitary sewer
line, provided however, the Owner complies with the conditions set
forth in paragraphs c1 through c4. A deferral under this subparagraph
shall not exceed five years.
c.
Conditions.
1.
The Board of Health shall not grant exemptions under paragraph b1,
or deferrals under paragraph b2, unless the Owner establishes to the
satisfaction of the Board of Health that the System serving the Property
is functioning as designed, safely, in accordance with all applicable
laws and regulations as certified by a Septic System Designer or Septic
System Inspector.
2.
The ninety-day period set forth in subsection (a) shall be tolled
by the Owner's filing of an application for exemption or deferral
with the Board of Health, and, if denied, shall resume on the date
the Board of Health adopts a resolution denying the application.
3.
All applications for exemptions or deferrals shall be made on forms
specified by the Administrative Authority and shall include documentation
of all design, technical, maintenance, and/or financial data necessary
to support them.
4.
The Owner shall have the burden of proving his eligibility for an
exemption or deferral under this chapter.
[Ord. No. 91-2A § 2; Ord. No. 2007-2]
a.
New individual subsurface disposal systems shall not be placed in
operation, nor shall new dwellings or buildings or additions thereto
be sold or occupied, which must rely on such a system for sewage disposal
until a certificate has been supplied by the engineer who designed
the system that it has been located and constructed in accordance
with his design filed with the original application and until the
administrative authority or its authorized agent shall have issued
a certificate approving the system as being in compliance with the
terms of the license or permit, N.J.A.C. 7:9A, this chapter and all
applicable laws and regulations.
b.
Any permit issued by the administrative authority shall become invalid
if the authorized work is not commenced within 12 months after issuance
of the permit or if the authorized work is not completed within a
period of six months after the time of commencing work.
c.
An application to permit an alteration or repair to an existing individual
subsurface disposal system that has been determined to be malfunctioning
may be acted upon by the health officer without review by the board
of health, provided that the alteration or repair is not required
based upon an intensification or change of use and further provided
that the altered or repaired disposal system will be in compliance
with N.J.A.C. 7:9A - 1 et seq. and further provided that the health
officer may refer the application to the board of health for action
if the health officer determines that the application warrants review
by the board of health.
[Ord. No. 91-2A § 3]
The administrative authority or its authorized agent may order
all or any part of the work in and about any individual sewage disposal
system where N.J.A.C. 7:9A or this chapter are being violated to be
stopped forthwith. The order shall become effective upon the service
of a copy thereof upon any person connected with or working in or
around the disposal system or upon posting the same on the subject
premises.
[Ord. No. 91-2A § 4]
In case any license or permit or certification required by this
chapter is denied by the administrative authority, a hearing shall
be held thereon before the administrative authority within 15 days
after an express written request therefor is made by the applicant
and upon such hearing the administrative authority shall affirm, alter
or rescind its previous determination and take action accordingly
within 15 days after the date of such hearing.
a.
The administrative authority may, after written application therefor,
hearing thereon, and good cause shown, grant permission for variations
from the provisions of this chapter, but no variation shall be permitted
under this section which would result in a failure to comply with
the then current standards for the construction of individual subsurface
sewage disposal systems promulgated by the New Jersey State Department
of Environmental Protection.
b.
Where an individual subsurface sewage disposal system as prescribed
in this chapter will not be constructed and where an alternate design
is proposed and such design is other than a design permitted by the
then current standards for the construction of individual subsurface
sewage systems promulgated by the New Jersey State Department of Environmental
Protection, the proposal must first be submitted to the administrative
authority and the information, justification and documentation required
by the Department of Environmental Protection for alternate designs
and new technology must be included. After approval by the administrative
authority, all necessary approvals of the Department of Environmental
Protection must then be obtained. The applicant must then apply to
the administrative authority for all required permits for the system.
Applicants to the administrative authority for variations from
the provisions of this chapter, for subdivision certification, or
for site plan approval which involve a new or existing subsurface
sewage disposal system shall give public notice of the application
to the owners of all real property as shown on the current tax map
within 200 feet in all directions of the property which is the subject
of the application. Notice shall be given by personal service or certified
mail. The applicant shall file an affidavit of proof of service with
the administrative authority prior to the meeting at which action
is to be taken on the application.
[Ord. No. BH2016-1 § 7]
a.
Any Person violating any of the provisions of this chapter, or the
regulations (N.J.A.C. 7:9A et seq.) (Code), as it may be amended by
the Department, or any order entered by the Administrative Authority
to enforce this chapter shall, upon conviction, pay a penalty of not
more than $500 nor less than $5 for each violation.
b.
Each day a particular violation continues shall constitute a separate
offense.
[Ord. No. BH2016-1 § 8]
The invalidity or unenforceability of any provisions of this
chapter shall not affect the validity or enforceability of the remainder
of this chapter, which shall remain in full force and effect, and
shall be construed in a manner to best protect the public health and
welfare.
[Ord. No. 2007-3]
All definitions 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 are hereby incorporated,
with the following addition:
Shall mean any component or system, which 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. No. 2007-3]
a.
Applicability. Advanced wastewater treatment or disposal technology,
which is alternative to the standard technology allowed by N.J.A.C.
7:9A-1 et seq., may be approved at the discretion of the Board of
Health to repair/alter existing, malfunctioning septic systems 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. and this section.
b.
General Requirements.
1.
Each advanced wastewater treatment or disposal technology system
shall be in compliance with all applicable rules, regulations, standards
and guidelines for the New Jersey Department of Environmental Protection,
as such may be amended from time to time.
2.
Each system which incorporates advanced wastewater treatment or disposal
technology shall incorporate the following conditions:
(a)
Advanced wastewater treatment or disposal technology systems
that are equipped with automatic dialing capability or other automatic
notification to the manufacturer, or its agent, in the event of a
mechanical malfunction shall be covered by a minimum three-year warranty
that can not be cancelable and is renewable and transferable. This
warranty must include provisions for the manufacturer or its agent
to inspect the system at least once a year and undertake any maintenance
or repairs determined to be necessary during any such inspections
or as a result of observations made at any other time. Reporting of
the system inspection and maintenance shall be performed on an annual
basis as specified in paragraph (d) below.
(b)
Advanced wastewater treatment or disposal technology which does
not include automatic notification capabilities described in paragraph
(a), above, shall be covered by a minimum five-year warranty that
can not be cancelable and is renewable and transferable and which
includes provisions for the manufacturer or its agent to inspect the
system at least once every three months (quarterly) and undertake
any maintenance or repairs determined to be necessary during any such
inspection or as a result of observations made at any other time.
Reporting of the system inspection and maintenance shall be performed
on an annual basis as specified in paragraph (d) below.
(c)
A copy of the maintenance contract and warranty for the system
must be submitted to the Board of Health prior to the issuance of
a license to operate. The maintenance contract must remain in effect
until the system is removed.
(d)
An annual report shall be submitted, with the appropriate fee,
to the Board of Health by the system manufacturer, or its authorized
agent, identifying each system, the status of the maintenance contract,
proof that the renewable warranty and maintenance contract have been
extended for the proper inspection and maintenance of the system,
identification of any service problems associated with those systems
and how they were corrected. The report shall include the system inspection
and maintenance as defined above. Any system that does not renew its
warranty and maintenance contract and/or provide an annual report
shall be deemed a nuisance pursuant to this section, subject to a
separate violation for every day the maintenance contract is not renewed.
(e)
The property owner shall be required to record with the deed
to the property, prior to installation, a notice, in a form acceptable
to the Board of Health, that identifies the technology, acknowledges
the owner's responsibility to operate and maintain it, and grants
access to the property for the purpose of system monitoring and inspection.
The property owner shall provide this notification to a purchaser
of the property, prior to entering into a contract for real estate
transfer, with a copy to the Board of Health, acknowledging the presence,
location and requirements of the advanced technology that exists on
the property. This notification shall include a copy of the manufacturer's
owner's manual for the technology and a copy of this section.
(f)
In accordance with applicable law, the NJDEP or Board of Health
may require the owner of the advanced wastewater treatment or disposal
technology to cease use of this alternative technology and/or take
any other actions, as it deems necessary, to protect public health,
safety, welfare, or the environment.
(g)
Any person violating any provision of this section, or any terms
or conditions of any certificate or license issued hereunder, upon
conviction thereof shall pay a penalty of not more than $1,000 for
each violation. Each day a particular violation continues shall constitute
a separate offense.
c.
Manufacturer Requirements. The manufacturer of an advanced wastewater
treatment or disposal technology system, to be constructed upon a
property in the Township of Warren, shall be required to provide to
the Board of Health or its designee upon request.
1.
A list of qualified installers and technicians.
2.
Training materials and expected qualifications of technicians and
installers.
3.
A free training program, for the advanced technology, to township
personnel and their designees.
4.
A copy of the owner's manual for each advanced wastewater treatment
or disposal technology system installed.
d.
License to Operate. No owner or occupant of a property in the Township
of Warren, upon which an advanced wastewater treatment or disposal
technology system is located, shall operate or otherwise use the system
unless a currently valid license to operate the system has been issued
by the Board of Health to the owner of the property on which the system
is located.
The fees applicable to advanced wastewater treatment or disposal
technology shall be as set forth below, as such fees may be amended
from time to time:
|
Application/Review Fee:
|
$100
|
|
License Fee:
|
$100
|
|
Renewal Fee:
|
$50
|
|
Annual Report Fee:
|
$15
|
1.
Requirement for License. The Board of Health may issue a license
to operate, to the owner of a property, subject to compliance with
the provisions of this chapter and upon issuance of a certificate
of compliance for any system using advanced wastewater treatment or
disposal technology(ies). All licenses issued pursuant to this section
shall be on a form provided by the Board of Health upon payment of
the applicable fees.
2.
Expiration/Renewal. The license to operate an advanced wastewater
treatment or disposal technology system shall be renewed annually
by the Board of Health upon receipt of the required fee and satisfaction
of the annual reporting requirements outlined in paragraph b2(d) above.
A license shall be transferable upon change of ownership or occupancy
of the premises for which the license has been issued upon payment
of the applicable renewal fees. Any system that does not renew its
licensure shall be deemed a nuisance pursuant to this section, subject
to a separate violation for every day the license to operate is not
renewed.
3.
Suspension of License. The Board of Health may suspend or revoke
the license to operate under the following circumstances:
(a)
It has been determined that the system is malfunctioning based
upon criteria provided for in N.J.A.C. 7:9A-3.4(a) and the licensee
fails to take immediate steps to correct said malfunction as directed
by the Board of Health or its designee;
(b)
The owner or occupant of the premises served by the system violates
any provision of this chapter with respect to operation, maintenance,
and/or reporting for the system; or
(c)
The owner or occupant of the premises served by the system denies
the right of entry to the Board of Health or its designee, or to the
NJDEP, as required in N.J.A.C. 7:9A-3.19, or in any way interferes
with the administration or enforcement of this section.
(d)
The system is deemed to be a nuisance pursuant to this section.
(e)
Owners of an advanced wastewater treatment or disposal technology
system, operating under a suspended license, shall be subject to penalties
under this section and any other provision of applicable law or ordinance.
