[1972 Code § 156-1]
a.
The standards regulating the location, construction, use, maintenance
and method of emptying or cleaning individual sewage disposal systems,
the issuance of licenses and permits to locate, construct, empty or
clean said systems and fixing penalties for violation thereof is hereby
adopted pursuant to c. 188 P.L. 1950, (N.J.S.A. 26:3-69.1 to 3-69.6).
b.
A copy of the standards are annexed hereto and made a part hereof
without inclusion of the text thereof herein.
[1972 Code § 156-2; N.J.A.C. 7:9A]
The said standards established and adopted by this chapter are
described and commonly known as Title 7, Chapter 9A, Standards for
Individual Subsurface Sewage Disposal Systems of the New Jersey Administrative
Code.
[1972 Code § 156-3]
Title 7, Chapter 9A, Standards for Individual Subsurface Sewage
Disposal Systems of the New Jersey Administrative Code, has been placed
on file in the office of the Board of Health Secretary and shall remain
on file in said office for use and examination by the public.
[1972 Code § 156-4]
a.
No person shall locate, construct or alter any sewage disposal system
until a permit for the location, construction or alteration of said
sewage disposal system shall have been issued by the Board of Health.
b.
The Board of Health may issue a permit if an application for the
same is accompanied by a certificate made by an engineer licensed
to practice professional engineering in New Jersey, stating that the
design of the individual sewage disposal system is in compliance with
the standards established in N.J.A.C. 7:9A et seq. and any more stringent
standards adopted, or that may be adopted, by the Board of Health
of the Borough of Watchung.
[1972 Code § 156-5]
a.
A new individual sewage system 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 the Board of Health shall have issued a permit to operate indicating
that said disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of N.J.A.C.
7:9A. Issuance of such permit to operate shall not be necessary for
alterations to an existing sewage disposal system.
b.
The Board of Health may issue a permit to operate if a "septic system
designer" as defined by N.J.A.C. 7:9A submits a statement in writing
signed by him to the Board of Health that the said disposal system
has been located and constructed in accordance with the terms of the
permit issued and the requirements of N.J.A.C. 7:9A.
[1972 Code § 156-6; amended 2-21-85]
a.
The contents of any septic tank, cesspool or privy or other receptacle
containing human excrement shall not be removed until a permit for
such removal has been obtained from the Board of Health.
[1972 Code § 156-7]
In case any license or permit is denied or certification required
by this chapter is denied by the Board of Health, a hearing shall
be held thereon before the Board within 15 days after request therefor
is made by the applicant; and upon such hearing, the Board of Health
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of such hearing.
[1972 Code § 156-8]
The Board of Health may order all further work in and about
any individual sewage disposal system, which is being erected or installed
in violation of the standards, to be stopped forthwith, except such
work as shall be necessary to remedy such violation and, thereafter,
the work continued without any violation of any of the provisions
of this chapter; and after issuance of any such stop-work order and
the service of a copy thereof upon any person connected with or working
in and about the erection or installation of any sewage disposal system,
or any part thereof, no further work shall be done thereon except
as aforesaid.
[1972 Code § 156-9; Ord. No. BH 2001/01]
Fees shall be as stated in Chapter BH15 for the following:
a.
Filing of application and plans for permit to locate and construct
an individual sewage disposal system (per lot).
b.
Filing of application and plans for permit to alter existing sewage
disposal system (per lot).
c.
Inspection of percolation tests and/or high water table and/or soil
logs witnessed by Health Officer, Sanitarian or other qualified representative
of the Board of Health (per lot).
d.
If appointment is made to have test witnessed by representative of
the Board of Health and it is not cancelled in time to prevent said
representative from visiting the inspection site, an inspection fee
shall be charged, not as a penalty but to compensate for cost incurred.
e.
Filing a variance application.
f.
Permit to pump a system.
g.
Permit to abandon a system.
h.
Inspections.
[1972 Code § 156-10]
The standards adopted by this chapter and in force and effect
in the Borough are hereby amended and supplemented by adding hereto
the following additional requirements:
a.
All septic systems must be designed so as to be of a gravity-feed
design. No soil logs shall be uphill above a proposed house. This
requirement is in recognition of the possible danger of septic matter
traveling downhill and settling under a finished residence.
b.
If a soil log fails for any reason, no additional tests shall be
permitted within less than 25 feet in any direction.
c.
All septic systems on ground with a slope greater than five degrees
(5°) shall have diversion swales or French drains installed uphill
so as to intercept water flowing down the hill and to divert the water
away from the septic disposal area.
d.
All septic systems must be constructed at a design rate of not less
than 40 minutes per inch, regardless of the percolation test results.
e.
Each half of a septic disposal system must have not less than 35
feet of land downhill or immediately adjoining the entire length of
the septic disposal field so as to allow for future expansion.
f.
The builder's engineer must file an as-built plan and certify
that the system is installed as designed.
[1972 Code §§ 156-11, 148-1]
a.
The number of test borings or pits shall not number less than two
test borings or pits for each individual sewage disposal system proposed,
except for preliminary consideration of tracts wherein at least one
test shall be made for each proposed building lot or tract. Approval
for a proposed subdivision shall not in any way imply approval for
a proposed individual sewage disposal system.
b.
The two test borings shall be located in the area of the proposed
disposal field. They shall not be less than 20 feet nor more than
100 feet apart. The Board of Health shall have the right to administratively
alter these requirements if individual conditions require change.
c.
At least one percolation test shall be conducted for each test boring.
The percolation test shall be conducted in the area of the proposed
disposal field at a distance of not more than 25 feet from the test
boring.
d.
All private sewage disposal systems shall consist of at least two
disposal areas designed in accordance with N.J.A.C. 7:9A-7.3 and 7:9A-7.5.
e.
Soil characteristics and permeability test results shall remain valid
for two years and will be invalid thereafter. Soil characteristic
tests are only valid for the area in which the final septic system
is located.
[1972 Code § 156-12]
The standards adopted by this chapter and in force and effect
in the Borough, are hereby amended and supplemented by adding hereto
the following additional requirements:
a.
All tests must be witnessed by the Health Officer, Sanitarian or
other qualified representative of the Board of Health, unless the
test is being performed for personal information only. A minimum notice
of 24 hours is required for an appointment, although the Health Officer
may shorten or increase this time requirement, depending upon the
practicalities of handling complaints and other appointment requests.
b.
If an appointment is made to have a test witnessed by a representative of the Board of Health and it is not canceled in time to prevent said representative from visiting the inspection site, the fee shall be imposed as stated in Chapter BH15.
c.
(Reserved)
d.
(Reserved)
e.
It is recognized that dwellings or other buildings dependent upon
an individual sewage disposal system are occupied in all seasons and
weather conditions. Accordingly, the Health Officer, Sanitarian or
other designated representative of the Board of Health shall have
authority to require additional tests to be made during weather conditions
which would be representative of the least favorable conditions to
support such sewage disposal system and for that purpose may delay
action on any application, may require additional tests and may determine
when such tests shall be made.
f.
Every soil log shall be at least 10 feet long. The entire bottom
area shall meet the depth requirements as specified in the Standards
for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A-1.1
et seq.) All subsoil conditions encountered shall have soil and only
a minimal amount of rock so as to permit unhindered permeability of
septic discharges down and through the soil.
g.
All plans and test results must be certified to the Board of Health
in writing by a professional engineer.
h.
Not less than three copies of the proposed plans shall be filed with
the Board of Health. If changes are necessary at the time of construction,
three copies of the as-built plans shall be filed.
i.
The proposed sewage disposal system shall be built over the area
of the permeability and soil characteristic tests.
j.
It is up to each applicant to hire a qualified engineer to do all
the tests and certify any proposals. The Board of Health or its designated
representative will accept the plans, issue permits and verify necessary
test procedures, but will not do the engineering work. The responsibility
for meeting the code requirements rests upon the owner. This is necessary
not only to assure compliance with the law, but to protect current
and future owners, as well as surrounding residents, from future failure
of sewage disposal systems.
[1972 Code § 156-13]
a.
In addition to any other penalty provided by law, any person or persons,
firm or corporation violating any of the provisions of or any order
promulgated under this chapter or the Standards for Individual Subsurface
Sewage Disposal Systems, N.J.A.C. 7:9A, made a part hereof, shall,
upon conviction thereof, be liable to a penalty of not less than $10
nor more than $500 for each violation.
b.
Each day a violation continues shall constitute a separate offense.
[Ord. No. BH 2007-01; Ord. No. BH 08/01]
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. 2007-1; Ord. No. BH 08/01]
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 BH9-9.
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 is not 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
below.
(b)
Advanced wastewater treatment or disposal technology which does
not include automatic notification capabilities described in paragraph
b2(a) above, shall be covered by a minimum five year warranty that
is not 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 b4, 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 to the Board of Health and its representatives. 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 BH9-9.
(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 BH9-9, 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 Borough of Watchung, shall be required to provide
to the Board of Health or its designee upon request the following:
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 Borough
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 Borough
of Watchung, 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.
[Ord. No. BH 2007-1; Ord. No. 08/01]
a.
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 BH9-9 shall be on a form provided by the Board of Health upon payment of the applicable fees.
b.
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 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.
c.
Suspension of License. The Board of Health may suspend or revoke
the license to operate under the following circumstances:
1.
It has been determined that the system is malfunctioning based upon
criteria provided 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;
2.
The owner or occupant of the premises served by the system violates
any provision of this section regarding the operation, maintenance,
and /or reporting for the system; or
3.
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.
4.
The system is deemed to be a nuisance pursuant to this section.
5.
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.
