[HISTORY: Adopted by the Board of Health of the Borough of
Mount Arlington 3-12-1991. Amendments
noted where applicable.]
The amendments to P.L. 1954, c. 199, enacted by the State of
New Jersey (N.J.A.C. 7:9-1.1 et seq.) regulating the location, construction,
repair, replacement, use, maintenance and method of emptying for cleaning
of individual sewage disposal systems; the issuance of licenses and
permits to locate, construct, repair, replace, use, maintain and empty
for cleaning of said systems; and affixing of penalties for the violation
thereof, is hereby adopted by reference, except as hereinafter modified.
A copy of said regulations shall be kept on file in the office of
the Board of Health Secretary.
The amendments established and adopted by this chapter are described
and commonly known as the "standards for individual subsurface sewage
disposal system," and are set forth in the Administrative Code as
N.J.A.C. 7:9-1.1 et seq.
A.
Three copies of this chapter and N.J.A.C. 7:9-1.1 et seq. have been
placed on file in the office of the Secretary of the Board of Health
upon introduction of this chapter and will remain on file in said
office for use and examination of the public. Further, the Board of
Health has available copies of this chapter and N.J.A.C. 7:9-1.1 et
seq., which are available upon requests and with payment of the required
fee.
B.
Modifications to standards.
(1)
New Jersey Administrative Code (N.J.A.C.) 7:9A-10.5(e)5 is hereby
modified to provide that the slope for either the top surface of the
fill layer or the retaining wall or berm of soil be at a grade of
four to one (4:1) or less, not three to one (3:1) or less.
C.
The administrative authority as referred to in the aforesaid regulations
shall be construed to mean the Board of Health of the Borough of Mount
Arlington.
D.
In the event that the provisions of N.J.A.C. 7:9-1.1 et seq. are
modified or changed in the future, this chapter shall be deemed amended
to incorporate the modifications or changes upon their enactment by
the State of New Jersey.
[Added 10-13-2008 by Ord.
No. 13-08]
The following fees and charges are herewith established:
A.
For the filing of an application and plans for a permit to locate
and construct an individual sewage disposal system: $150.
B.
For the filing of an application and plans for a permit to alter
an existing individual sewage disposal system: $75.
C.
For each reinspection of an individual sewage disposal system or
part thereof caused by the failure of the permittee to locate and
construct or alter the same in accordance with the terms of the permit
issued or the terms of the aforesaid code: $25.
D.
For all percolation tests and soil logs scheduled; for each residential
lot, $100; for each commercial and/or industrial property, $100 per
test. The fee shall be due and payable at the time the test is scheduled
and will not be refundable in the event that the applicant's
engineer or the equipment operator fails to appear.
E.
For an extension of permits to locate and construct an individual
sewage disposal system: $25. The extension shall be granted for one-year
periods up to five years. After this period, new percolation testing
shall be performed and new applications submitted.
F.
For the filing of an application and plan for a permit to locate
and construct an individual sewage disposal system on major subdivisions
of 10 lots or fewer: $350.
G.
For the filing of an application and plan for a permit to locate
and construct an individual sewage disposal system on major subdivisions
of 10 lots or more: $500.
H.
For the filing of an application and plans for a permit to locate
and construct an individual sewage disposal system on any commercial
site: $250.
[Amended 10-13-2008 by Ord. No. 13-08]
A.
No person shall locate, construct or alter any individual 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 or by a licensed
health officer or sanitarian of the State of New Jersey stating that
the design of the individual sewage system as proposed is in compliance
with N.J.A.C. 7:9-1.1 et seq.
[Amended 10-13-2008 by Ord. No. 13-08]
A.
New individual sewage disposal systems shall not be placed into operation,
nor shall new dwellings or buildings or additions thereto which must
rely on such a system for sewage disposal be sold or occupied, nor
shall altered or repaired systems be used, until the Board of Health
shall have issued a certificate indicating that said disposal system
has been located, constructed and/or altered or repaired in compliance
with the terms of the permit issued and the requirements of N.J.A.C.
7:9-1.1 et seq.
B.
The Board of Health may issue such a certificate if an engineer,
health officer or sanitarian, duly licensed by the State of New Jersey,
submits to the Board of Health a statement in writing signed by him
that said disposal system has been located and constructed in accordance
with the terms of the permit issued and the requirements of the aforesaid
N.J.A.C. 7:9-1.1 et seq.
[Amended 10-13-2008 by Ord. No. 13-08]
In case any permit or certificate required by this chapter is
denied by the Board of Health, a hearing shall be held thereon before
the Board within 15 days after a 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.
[Amended 10-13-2008 by Ord. No. 13-08]
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 N.J.A.C. 7:9-1.1 to be stopped forthwith, except such
work as shall be necessary to remedy such a violation and, thereafter,
the work continued without any violation of any of the provisions
of N.J.A.C. 7:9-1.1 et seq.; and after the issuance of any such order
and the service of a copy thereof upon any person connected with or
working in and about the erection or installation of any such disposal
system, or any part thereof, no further work shall be done thereon
except as aforesaid.
[Amended 10-13-2008 by Ord. No. 13-08]
A.
Any person or persons, firm or corporation violating any provisions
of or any order promulgated under this chapter or N.J.A.C. 7:9A-1.1
et seq., incorporated by reference herein, shall, upon conviction
thereof, pay a penalty of not less than $50 nor more than $500 for
each violation.
[Amended 7-8-02 by Ord.
No. 02-23; 7-11-06 by Ord. No. BH2006-01; 9-11-07 by Ord. No. BH:2007-03; adopted 5-9-1995 by BOH Ord. No. 95-1 Penalty pursuant to N.J.S.A. 26:3-70.]
B.
Each day a particular violation continues shall constitute a separate
offense.
C.
The penalties provided herein are in addition to any civil penalties
which may be imposed under N.J.A.C. 7:9A-1.1 et seq.
[Adopted 5-14-2013 by Ord. No. BH 2013-01]
(Ordinance No. BH 2013-01, codified herein, was adopted May
14, 2013.)
In addition to the purposes set forth in N.J.A.C. 7:9A-1-1,
it is the purpose of this Article:
A.
To establish a management program for individual and non-individual
subsurface sewage disposal systems in the Borough of Mount Arlington
in order to ensure the proper operation and maintenance of such systems.
This Article requires existing, new and proposed individual and non-individual
subsurface sewage disposal systems to be pumped out at least once
every three years in order to minimize future malfunctions of such
systems.
B.
To regulate individual and non-individual subsurface sewage disposal
systems in the program area in such a way as to protect public health
and welfare and the environment, and to provide for a means of educating
owners/operators, as defined herein, in the characteristics of such
systems and the proper procedures for altering, operating and maintaining
them.
C.
To develop a management program to maintain records and manage systems
in the program area.
D.
To promote and assure the proper management and maintenance of individual
and non-individual sewage disposal systems through time.
This Article shall be known as the Subsurface Sewage Disposal
System Management Ordinance of the Borough of Mount Arlington.
All definitions given in Subchapter 2 (N.J.A.C. 7:9A of the
New Jersey Department of Environmental Protection (NJDEP) Standards
for the Construction of Individual Subsurface Sewage Disposal Systems,
N.J.A.C. 7:9A and any amendments thereto ("NJDEP Regulations") are
hereby incorporated into this Article, with the following additions:
For initial licenses, this term shall mean: "The use or direction
of waste water to a system after the adoption date of this Article."
For renewal licenses, this term shall mean: The use or direction of
waste water to a system at any time during the period of the license."
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(Ordinance No. BH2013-13, codified herein, was adopted May 14,
2013.)
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The Board of Health of the Borough of Mount Arlington.
Materials prepared and administered by the Board of Health
regarding the fundamentals of individual and non-individual subsurface
sewage disposal systems and the proper procedures for the operation
and maintenance of such systems. The educational information shall
be deemed to be in accordance with N.J.A.C. 7:9A-3.14.
An individual subsurface sewage disposal system, as defined
at N.J.A.C. 7:9A-2.1, serving a single-family detached residential
housing unit.
A license issued to an applicant pursuant to this Article
for the operation of an individual or non-individual subsurface sewage
disposal system.
An on-site subsurface sewage disposal system serving a property
other than a single-family home. Such systems include but are not
limited to those systems defined in N.J.A.C. 7:9A-1.8(c) 2. Typical
examples include but are not limited to: commercial buildings, restaurants,
food establishments, commercial/residential mixed uses, and systems
servicing multiple units.
The person who owns or leases the realty upon which an individual
or non-individual subsurface sewage disposal system is located and/or
the person who uses or operates said system. The owner of the realty
and the operator of the system, if different, are jointly and severally
liable for the obligations imposed by this Article.
A sketch drawn by the owner/operator, or agent on their behalf,
showing the type (if known) and location of the individual or non-individual
subsurface sewage disposal system servicing the property, as well
as the location and type of any on-site water supply. All plots shall
be drawn to scale and list the dimensions used.
Any person, firm or corporation who has been registered by
the New Jersey Department of Environmental Protection in accordance
with the requirements of N.J.A.C. 7:26-3.2(a).
An operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption: (1) Such as a restaurant;
satellite or catered feeding location; catering operation if the operation
provides food directly to a consumer or to a conveyance used to transport
people; market; vending location; conveyance used to transport people;
institution; or food bank; and (2) That relinquishes possession of
food to a consumer directly, or indirectly through a delivery service
such as home delivery of grocery orders or restaurant takeout orders,
or delivery service that is provided by common carriers.
An individual or non-individual subsurface sewage disposal
system, including all of the component parts thereof.
A.
Scope. The owner and/or occupant of any realty improvement serviced
by an individual or non-individual on-site subsurface sewage disposal
system located in the Borough of Mount Arlington shall be subject
to all of the requirements of this chapter.
B.
Applicability. No person within the Borough of Mount Arlington area
shall operate an individual or non-individual subsurface sewage disposal
system unless such construction, installation, alteration, maintenance
or operation is in accordance with all applicable sanitary regulations
and this Article.
C.
Exemptions. Any system not in active use shall be exempted from this
Article. The Board of Health may require an owner or operator of a
system seeking exemption under this section to submit proof in the
form acceptable to the Board so as to qualify for this exemption.
A.
Requirement for license. On and after September 1, 2013 no owner
or occupant of a property in the Borough of Mount Arlington upon which
an individual or non-individual subsurface sewage disposal system
is located shall use or operate the system unless a currently valid
license to operate the system has been issued by the Board of Health
in accordance with the schedule herein to the owner of the property
on which the system is located.
(1)
The Board of Health or its designee may issue a license to operate
and educational information relative to the proper operation and maintenance
practices (pursuant to N.J.A.C. 7:9A-3.14) to the owner and occupant
of a property upon one or more of the following events:
(2)
All licenses issued pursuant to this section shall be on a form provided by the Board of Health. Once issued, a license shall be transferable upon change of ownership or occupancy of the premises for which the license has been issued. A fee as provided in Section 204-20 of this Article thereof shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan showing the location of the septic system (both the tank and the disposal area) and of any private water source on the property. The plot plan shall also include the general location, if known, of any wells, and septic systems on adjoining properties.
B.
Expiration/renewal. The license to operate shall expire three years
after issuance. The Board of Health shall notify the licensee or its
designee at least 30 days before the license expires and shall be
directed to apply for a renewal of the license. The renewal notice
shall include educational materials relative to the proper operation
and maintenance practice for such systems in accordance with N.J.A.C.
7:9A-3.14.
(1)
Requirements for renewal: 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:
(a)
Evidence that the septic tank (or in the case of an alternate system, the comparable component of such system) has been pumped by a licensed septic sludge removal operator as required by Section 204-16 of this Article; or
(b)
Submission of a Septic System Inspection Report on a form approved
by the Board of Health indicating that the system has been maintained,
is not in need of pumping, and is functioning in conformance with
the requirements of this chapter. Said form shall be prepared, completed
and certified by:
(c)
Any such inspection shall be conducted in accordance with "Technical
Guidance for Inspections of Onsite Wastewater Treatment and Disposal
System" NJDEP July 2003 or subsequent revisions.
(2)
Renewal term. Any license renewed under this section shall be
renewed for a period of three years.
C.
Suspension of license. 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 provided for 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
the right of entry to the Board of Health or its designee, or to 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 Article.
D.
Modified term of license. The Board of Health may on its own motion,
upon notice and opportunity to the property owner or operator for
a hearing, or upon application of a property owner or system operator,
alter the time period of a license to operate. The Board of Health
may consider the following factors in determining that a more frequent
licensing renewal or pumping/inspection schedule may be necessary:
E.
Special licensing provisions for retail food establishments. The
license to operate for a retail food handling establishment shall
expire one year after issuance. The owner of said establishment shall
have the right to apply to the Board of Health for a longer license
renewal period, but in no case shall the license renewal period exceed
three years. In considering any such application the Board of Health
may consider the establishment's demonstrated compliance history
with management of the system.
A.
General.
(1)
The subsurface sewage 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.
(2)
Drainage from basement floors, footings or roofs shall not enter
the sewage disposal system and shall be diverted away from the area
of the disposal field.
(3)
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 sewage water
disposal system any sewage system cleaner containing any restricted
chemical material.
(4)
Disposal of materials containing toxic substances into a subsurface
sewage 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.
(5)
Inert or non-biodegradable substances should not be disposed
of in the subsurface sewage 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.
(6)
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.
(7)
Major plumbing leaks shall be repaired promptly to prevent hydraulic
overloading of the system.
(8)
Vehicle traffic and vehicular parking shall be kept away from
the aspects of the system, unless the system has been specifically
designed to support vehicular traffic.
B.
Disposal field maintenance.
(1)
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.
(2)
Grading shall be maintained in a condition that will promote
run-off of rainwater and prevent ponding.
(3)
All drainage from roofs, footing drains, ditches or swales shall
be diverted away from the disposal field.
(4)
Vegetation shall be maintained to prevent soil erosion.
(5)
Vehicle traffic and vehicular parking shall be kept away from
the area of the disposal field, unless the disposal field has been
specifically designed to support vehicular traffic.
C.
Abandoned systems.
(1)
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.
(2)
Except when done as part of or in conjunction with an alteration,
a permit must be obtained from the Board of Health prior to abandoning
a septic system or component of a septic system.
D.
Additional inspection and maintenance requirements for systems with
grease traps.
(1)
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.
(2)
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.
(3)
Equipment used in the pumping of grease traps shall meet the
following requirements:
(a)
Mobile tanks shall be securely mounted on trucks or trailers,
shall be watertight 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.
(b)
Pumps and hoses shall be maintained and operated in a condition
that will prevent the leakage of sewage.
(c)
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 method acceptable
to the Board of Health.
(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. 7:11A-1 et seq., as well as any other applicable state
or local rules, regulations, ordinances or directives.
A.
Prior to emptying, relieving or pumping out all or a portion of any
individual or non-individual subsurface sewage disposal system within
the Borough of Mount Arlington, the septic sludge removal operator
shall obtain a septic sludge removal permit from the Board of Health.
B.
The registered septic sludge removal operator shall complete all
information on the septic sludge removal permit and deliver one copy
to the property owner and one copy to the Board of Health within 72
hours of the time that the individual or non-individual sewage disposal
system is pumped. Failure to deliver said report within the required
time frame shall be considered to be a violation of this Article.
C.
In addition to the permit required under subsection A above, the
pumping of septic tanks shall be performed by a registered solid waste
hauler registered with the NJDEP in accordance with the requirements
of N.J.A.C. 7:26-3.2(a).
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 method acceptable
to the Board of Health.
Any person aggrieved by any decision of a designee of the Board
of Health made pursuant to this chapter shall have the right to appeal
that decision to the Board of Health. Any aggrieved person seeking
a hearing under this section shall make application to the Board in
writing within 30 days of the decision to be appealed. The Board of
Health shall schedule the matter for a hearing within 45 days thereafter.
The hearing shall be conducted at a meeting held pursuant to the Open
Public Meetings Act.
A.
Nuisances to be corrected.
(1)
Any on site sewage disposal system or component thereof that
is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 and
3.4) 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 by virtue of this Code and any amendments thereto.
(2)
Any individual or non-individual subsurface sewage disposal
system which has not been maintained in accordance with N.J.A.C. 7:9A-12.3,
Septic Tank Maintenance, is hereby declared a nuisance.
(3)
Any individual or non-individual subsurface sewage disposal
system which is constructed, installed, altered, operated or maintained
in violation of this section, the DEP Regulations, any rule or regulation
promulgated pursuant to this Article or any permit, certificate or
license issued pursuant to this Article is hereby declared to be a
nuisance.
(4)
In addition the powers provided for in N.J.A.C. 7:9A, the Board
of Health retains its authority to abate any nuisance in accordance
with the provisions of N.J.S.A. 26:3-45 et seq.
B.
Malfunctioning subsurface sewage disposal system: inspections of
system; revocation of license.
(1)
The Board of Health shall have the right to inspect any system
which shows evidence of any malfunction. Such evidence may include,
but not be limited to, foul odors, leakage to ground surface, or soggy
ground over system. Water and/or soil samples may be taken to confirm
the existence of a malfunctioning system.
(2)
The Board of Health may require that any malfunctioning system
be corrected by servicing or by replacement or alteration of the system.
(3)
Until any necessary replacement or alteration of a system has
been accomplished, the Board of Health may require pumping and the
removal of the entire contents of the septic tank for the system (both
liquids and solids) at intervals specified by the Board.
(4)
No provision to this Article shall be interpreted as precluding
the Board of Health from revoking a license issued by the Board for
the operation of a system in the event that the Board shall determine
that such action is necessary and appropriate for the enforcement
of this Article. Any such revocation shall be upon notice to the owner/operator,
with an opportunity to comment or appeal.
In furtherance of the rights granted to the Board of Health
in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9A-3.19, the Health Officer
or his designee, upon presentation of identification, shall have the
right to enter upon property where an individual or non-individual
subsurface sewage disposal system is located for the purpose of observation,
inspection, monitoring and/or sampling of the on-site sewage 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.
A.
A person who violates any provision of this Article, or any term
or condition of any certificate or license issued hereunder, shall
be liable for one or more of the following penalties [N.J.S.A. 40:69A-29(b)].
B.
Each separate day and each violation of any provision of this Article,
any term or condition of any certificate or license or any notice
or order issued by the Board of Health shall constitute a separate
and distinct violation under this Article.
C.
Nothing in this section shall be construed as limiting the remedies
of the Board of Health for violation of this Article. The Board of
Health may proceed under any other remedy available at law or in equity
for any violation of this Article or any term or condition of any
certificate or license issued by the Board or Health or for any failure
to comply with any notice or order issued by the Board of Health or
its enforcement official under this Article.
