[1974 Code § 138-1]
A Code defining and prohibiting certain matters, things, conditions,
or acts and each of them as a nuisance, prohibiting certain noises
or sounds, requiring the proper heating of apartments, prohibiting
the lease or rental of certain buildings, prohibiting spitting in
or upon public buildings, conveyances or sidewalks, authorizing the
inspection of premises by an enforcing official, providing for the
removal or abatement of certain nuisances and recovery of expenses
incurred by the Board of Health in removing or abating such nuisances
and prescribing penalties for violations is hereby established pursuant
to Chapter 188, Laws of 1950. A copy of this Code is annexed hereto
and made a part hereof without the inclusion of the text thereof herein.
[1974 Code § 138-2]
The Code established and adopted by this chapter is described
and commonly known as the "Public Health Nuisance Code of New Jersey
(1953)."
[1974 Code § 138-2.1; Ord. No.
BH:87-1 OAB]
In addition to any provision set forth herein, it shall be deemed
a nuisance and a violation of this chapter to deposit or discharge
into any bay, river, stream or other natural waterway in the Township
the contents of any swimming pool, including but not limited to chemicals
used in the maintenance thereof, any abandoned or junked motor vehicle,
any hazardous waste or any garbage or debris of any nature whatever.
[1974 Code § 138-3]
Three copies of the Public Nuisance Code of New Jersey (1953)
have been placed on file in the office of the Secretary of the Board
of Health and will remain on file there for use and examination by
the public.
[New]
a.
Any person violating any of the provisions of any chapter shall,
upon conviction thereof, pay a penalty of not less than $5, nor more
than $500 for each offense. In addition to the above penalty, any
person who violates any provision of the State Sanitary Code shall
be liable, upon conviction, for a penalty of not more than $1,000.
b.
Complaint shall be made in the municipal court of the Township or
before another judicial officer having authority under the laws of
the State of New Jersey. The court shall have the power to impose
other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A.
26:3-78.
[New]
Except as otherwise provided, each and every day in which a
violation of any of the provisions of any chapter adopted by the Board
of Health exists shall constitute a separate violation.
[1974 Code § 152-1; Ord. No. BH:519; Ord. No. 25-77-0; Ord. No. BH:1-79-0; Ord.
No. BH:1-81-0]
No construction of any realty improvement not served by an approved
central water system and an approved sewerage system shall be commenced,
nor shall any building permit for the construction of such realty
improvement be issued, unless and until the requirements of this chapter
have been met.
a.
Written application shall be made to the Construction Official of
the Township of Berkeley, who shall turn the application over to the
Sanitary Inspector, if one shall be in office and designated by the
Township Board of Health, or to the appropriate County Sanitary Inspector
should a Township official not be functioning in that capacity. The
form shall be furnished by the Board of Health. No building permit
shall be issued until the agent of the Board of Health, as aforesaid,
has certified that the individual septic system or water system, as
the case may be, is in compliance with the terms of this section and
the appropriate State Statutes and regulations.
b.
All fees to be paid shall be in accordance with the Construction
Code Ordinance.[1] It shall be presumed that every realty improvement will
utilize an individual septic system and an individual water system,
unless the applicant produces proof of permission to connect to an
improved central water system and/or sewerage system.
[1974 Code § 152-4; Ord. No. BH:1-81-0; Ord. No. BH:1-OAB-92]
All proposed water supply systems and sewerage facilities for
the proposed realty improvements shall be in compliance with the provisions
of the Realty Improvement Sewerage Facilities Act (1954), as amended,
and the standards for such water supply and sewerage facilities promulgated
by the State Department of Health of New Jersey, including but not
limited to N.J.A.C. 7:9A, which was adopted pursuant to N.J.S.A. 58:11-23,
58:10A-1, including 58:10A-16, 13:1D-1 and 26:3A2-21, or to be promulgated
by the State hereafter.
[1974 Code 152.5; Ord. No. BH:1-81-0]
The Board of Health of this Township shall, by resolution, appoint
the enforcing official of this chapter, who shall be the properly
licensed officer of the Township. If no such officer is serving in
such capacity, the appointee shall be the County Health Department
and its appropriately licensed sanitary inspectors or such private
agencies which may be permitted by State Statutes or regulations.
The official or agent of the Township, as the case may be, shall be
the representative of the Board of Health to issue the required certificates
where warranted or to deny same when unwarranted.
[1974 Code § 152-6; Ord. No. BH:1-0-84; Ord. No. BH:1-86-OAB; Ord. No. BH:1-88-OAB; Ord. No. BH:1-OAB-92]
A fee in the amount of $175 shall be payable in connection with
any application to the Board of Health for a waiver of location standards
established for the installation of septic disposal systems or for
the waiver of distance standards between wells and septic disposal
systems as described within N.J.A.C. 7:9A-4 or any rule or regulation
promulgated thereunder. Where an application is filed for the waiver
of both location and distance standards or where an application is
made for the waiver of only one such standard and the waiver is ultimately
granted from the other standard, a fee in the amount of $275 shall
be payable.
[1974 Code § 152-6.1; Ord. No.
BH:2-85-OAB; Ord. No. BH:1-88-OAB; Ord. No. BH:1-OAB-92]
a.
Upon application for a permit for the installation of a septic facility
and/or well, the applicant shall supply the Construction Official
with a final grading plan showing the following information:
1.
A description and the location of all components of the disposal
system and/or well.
2.
Distances from structures.
3.
Distances from property lines.
4.
Separation distances from each other and other septic disposal systems
and/or wells within a 100-foot radius of the lot in question.
5.
Grade elevations and inverts required by the component installation.
6.
Results of soil borings and permeability tests, including depths
to the actual or estimated seasonal high water table and groundwater
observation.
b.
Such grading plan shall be prepared and sealed by a licensed professional engineer and shall be the identical grading plan submitted with an application for a building permit. Grading plans shall comply with requirements of Chapter 35, Land Development of this Code and, in particular, Sections 35-51 and 35-80.
[1974 Code § 152-7; Ord. No. BH:2-85-OAB; Ord. No. BH:1-OAB-92]
a.
New septic disposal facilities shall conform to the location standards
for the installation of septic disposal systems as established in
N.J.A.C. 7:9A-4.
b.
Where practical, any septic disposal facility shall be located in
the front yard of the lot in which such septic facility is to be installed.
Accordingly, any well shall be located in the rear yard of the lot
which such well is to be installed.
[1974 Code § 152-8; Ord. No. BH:2-85-OAB; Ord. No. BH:1-OAB-92]
a.
Any person seeking to install a septic disposal facility and/or well not in accordance with subsection 32-4.6 shall mail by certified mail, return receipt requested, a notice to owners of properties adjacent to the lot in question, advising each such owner of the applicant's intention to seek a waiver of such provision, indicating the lot and block number and street address of the lot where such well and/or septic disposal system is to be located, together with a copy of the final grading plan to be submitted to the Construction Official under subsection 32-4.5. Within seven days of the date of such mailing, the applicant may apply to the Township Board of Health, together with a memo from the County Board of Health stating that the septic disposal plan is rejected when it is only rejected for a distance or location waiver, together with proof, by way of affidavit of such above-described mailing.
b.
Upon receipt of such application, the Township Board of Health Secretary
shall forward a copy of the same to the Township Engineer for review
and comments. Should the Township Engineer find that such waiver is
necessary on the basis of the size, location or other conditions of
the lot and/or proposed structure in question and, further, that such
waiver may be granted without endangering the quality of the septic
facility and/or well as proposed, or the septic facilities and/or
wells of adjoining properties, the Township Engineer shall forward
a recommendation of approval to the Township Board of Health.
c.
If the Township Board of Health denies the waiver, a resolution of
denial shall be submitted to the applicant.
d.
If the Township Board of health approves the waiver, a resolution
of approval shall be prepared memorializing the actions of the Board
and setting forth all conditions of approval. Copies shall be given
to the applicant, the County Health Department, Township's Zoning
and Construction Office, Township Attorney and any other parties of
interest.
[1974 Code § 152-8.1; Ord. BH:1-9-OAB]
Any person desiring to construct a home in an area which has
been declared as a building moratorium area for health and safety
reasons due to pollution causes where that area has been declared
unsafe by the Township Board of Health, by the State Department of
Environmental Protection or by the Emergency Management Coordinator
in accordance with the powers granted to him under State Statute,
may apply to the Township Board of Health with an application fee
of $125 for a waiver and demonstrates the following:
a.
That the proposed well for the property will be a triple-cased well
to be drilled into an aquifer below the Kirkwood aquifer, and that
the proposed well meets the New Jersey Department of Environmental
Protection specifications for triple-cased wells to be drilled in
a groundwater impact area.
b.
That the applicant has received permits from the New Jersey Department
of Environmental Protection, Bureau of Groundwater Pollution Assessment,
as well as all the necessary well permits from the New Jersey Department
of Environmental Protection, Bureau of Water Allocation for the proposed
well.
c.
That arrangements have been made to have a representative of the
New Jersey Department of Environmental Protection present during the
drilling of any well or otherwise obtain the Department of Environmental
Protection's consent.
d.
That the proposed well meets all the requirements of the Ocean County
Board of Health.
All words and phrases used in this section shall be construed
and follow the same definitions as construed and defined in N.J.S.A.
58:11-24.
[1974 Code § 152-10]
[1974 Code § 152-11]
The Secretary of this Board shall file a certified copy of this
chapter with the State Department of Health of New Jersey within 10
days after final adoption hereof.
[1974 Code § 146-1; Ord. No. BH:96-1-OAB]
a.
The owner of every existing house, building or structure and the
owner of every house or building constructed or hereafter to be constructed
or acquired which may be occupied or used by human beings, located
on property along a sanitary sewer line that is available as defined
by N.J.A.C. 7:9A as it may be amended from time to time shall, within
90 days after the date on which notice has been given, connect and
hook up the sewerage facilities emanating from such house, building
or structure to such sewerage systems in accordance with the State
Uniform Construction Code at the expense of the property owner.
b.
On lots where there are two buildings, each building shall be separately
connected to the sewer line with its own lateral. Y-branches for the
purpose of connecting one or more buildings on the same lot to the
sewer line shall not be permitted.
c.
Existing buildings used and occupied as single-family dwellings,
which are below the level of the sewer line and for which a pitch
of 1/8 inch to one foot to the sewer line cannot be obtained, shall
not be required to connect to the sewer line, provided that the existing
septic disposal system is functioning properly and not creating a
nuisance or a health hazard.
d.
All new buildings adjoining any public street in the Township of
Berkeley in which a sewer is now or may hereafter be constructed shall
be required to connect to the sewer line regardless of the distance
between the building and the sewer line.
e.
When connection to the sewer line is completed, existing septic tanks
and cesspools shall be pumped out and be filled with clean earth or
sand.
f.
All applications for exemptions shall be made in writing to the Berkeley
Township Sewerage Authority and shall be supported by engineering
and/or technical data.
[1974 Code § 146-2]
If any such house, building or structure referred to in subsection 32-5.1 above shall be used for industrial or commercial purposes, the owner thereof shall, within 90 days after the date on which the services of such sewer are made available to such house or structure, or prior to occupancy or use of such house, building or structure, whichever date shall be later, install such faculties as are necessary to accept and dispose of industrial wastes emanating therefrom and connect such facilities with such sewerage systems under and pursuant to rules and regulations, which rules and regulations are on file in the offices of the Berkeley Township Sewerage Authority.
[1974 Code § 146-3; Ord. No. BH:96-1-OAB]
Any person, association or corporation who shall violate this
section by failing to comply with any order issued in accordance with
the provisions hereof within 90 days after notice by a proper officer
of the Berkeley Township Sewerage Authority or the Board of Health
of the Township of Berkeley to make the required connections shall,
upon complaint by the appropriate representatives of the Ocean County
Board of Health, Berkeley Township Sewerage Authority, Secretary of
the Board of Health or by any person, and upon conviction, be subject
to a fine of not less than $100 or more than $1,000 or imprisonment
in the Ocean County Jail not exceeding 90 days or a period of community
service not exceeding 90 days. An additional fine of $100 shall be
imposed for each day of delay in which the provisions of the order
or notice are not complied with after the expiration of the 90 days.
[Ord. No. 2012-30-OAB]
The Governing Body of Berkeley Township finds that:
a.
The ground water underlying this municipality is a major source of
existing and future water supplies, including drinking water. The
ground water underlying this municipality lies within the Buried Valley
Aquifer Systems of the Central Passaic River Basin, which are designated
as a "sole source" aquifer under Section 1424(e) of the Federal Safe
Drinking Water Act of 1974.
b.
The ground water aquifers are integrally connected with, are recharged
by, and flow into the surface waters, lakes and streams, which also
constitute a major source of water for drinking, commercial and industrial
needs.
c.
Accidental spills and discharges of toxic and hazardous materials
may threaten the quality of these ground water supplies and related
water sources.
d.
Contaminated water from any source is a detriment to the health,
welfare and comfort of the residents of this municipality, and other
users of these water resources.
e.
Spills or discharges of hazardous substances or hazardous wastes
may contaminate or pollute water. As a preventive measure, the proximity
of such materials to sources of water supplies, such as public wells,
should be restricted so that there will be sufficient time to find
and clean up such spills or discharges before water supplies become
contaminated.
[Ord. No. 2012-30-OAB]
The purpose of this section is to protect the public health,
safety and welfare through the protection of the ground water resources
underlying the municipality to ensure a supply of safe and healthful
drinking water for the present and future generations of local residents,
employees and the general public in this municipality, as well as
users of these water supplies outside this municipality. Areas of
land surrounding each public community and nontransient noncommunity
well, known as Well Head Protection Areas (WHPAs), from which contaminants
may move through the ground to be withdrawn in water taken from the
well, have been delineated. Through regulation of land use, physical
facilities and other activities within these areas, the potential
for ground water contamination can be reduced. The purpose of the
regulations contained in this section is to prevent the migration
of potential pollutants from areas within a WHPA into ground water
that is withdrawn from a public community well.
[Ord. No. 2012-30-OAB]
The municipality of Berkeley Township is empowered to regulate
these activities under the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use to secure a safe and adequate drinking
water supply for its residents. Under provisions of the Underground
Storage of Hazardous Substances Act, N.J.S.A. 13:1D et seq., Berkeley
Township may adopt, with State approval, a municipal ordinance that
is more stringent than N.J.A.C. 7:14B but is obligated to ensure the
provisions of the ordinance are not carried out in a manner that is
inconsistent with N.J.A.C. 7:14B. The Board of Health of this municipality
has autonomous power granted by the State Legislature to develop this
section to protect public health, safety and welfare, as set forth
in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq.,
and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21
et seq.
[Ord. No. 2012-30-OAB]
Shall mean the Planning Board or Board of Adjustment and
the Board of Health, acting jointly and in consultation, with all
of the powers delegated, assigned, or assumed by them according to
statute or ordinance.
Shall mean person applying to the Board of Health, Planning
Board, Board of Adjustment or the Construction Office and proposing
to engage in an activity that is regulated by the provisions of this
section, that would be located within a regulated Well Head Protection
Area.
Shall mean a formation, group of formations, or part of a
formation that contains sufficient saturated permeable rock, sand,
or gravel which is capable of storing and transmitting usable quantities
of water to wells and springs.
Shall mean performance or design standards established to
minimize the risk of contaminating ground water or surface waters
while managing the use, manufacture, handling or storage of hazardous
substances or hazardous wastes.
Shall mean the presence of any harmful or deleterious substances
in the water supply.
Shall mean the carrying out of any construction, reconstruction,
alteration of surface or structure or change of land use or intensity
of use.
Shall mean any intentional or unintentional action or omission,
unless pursuant to and in compliance with the conditions of a valid
and effective Federal or State permit, resulting in the releasing,
spilling, pumping, pouring, emitting, emptying or dumping of a hazardous
substance into the waters or lands of the State or into waters outside
the jurisdiction of the State when damage may result to the lands,
waters or natural resources within the jurisdiction of the State.
Shall mean water contained in interconnected pores of a saturated
zone in the ground, also known as well water. A saturated zone is
a volume of ground in which the voids in the rock or soil are filled
with water at a pressure greater than atmospheric.
Shall mean any substance designated under 40 CFR 116 pursuant
to Section 311 of the Federal Water Pollution Control Act Amendments
of 1972 [Clean Water Act] (Public Law 92-500; 33 U.S.C. 1251 et seq.),
the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
or "hazardous pollutant" as defined by the New Jersey Water Pollution
Control Act (N.J.S.A. 58:10A-1 et seq.). Substances listed include
petroleum, petroleum products, pesticides, solvents and other substances.
Shall mean any solid waste that is defined or identified
as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A.
13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
Shall mean maximum permissible level of a contaminant in
water measured at the point of entry to the distribution system or
at the free-flowing outlet of ultimate user of a public water system
or other water system to which State primary drinking water regulations
apply. Any contaminant added to the water under circumstances controlled
by the user, except a contaminant resulting from corrosion of piping
and plumbing caused by water quality, is excluded from this definition.
[New Jersey Safe Drinking Water Act N.J.A.C. 7:10]
Shall mean New Jersey Department of Environmental Protection.
Shall mean any individual, public or private corporation,
company, partnership, firm, association, owner or operator, political
subdivision of this State, and any State, Federal or interstate agency
or an agent or employee thereof.
Shall mean drinking water exceeding a Federal and/or State
maximum contaminant level (MCL).
Shall mean an activity or land use which may contribute to contamination to a source of drinking water. For the purposes of this section Potential Pollutant Sources are defined in subsection 32-6.7.
Shall mean a public water supply well which serves at least
15 service connections used by year-round residents or regularly serves
at least twenty-five-year-round residents.
Shall mean a public water supply well that is not a public
community well and that regularly serves at least 25 of the same persons
for more than six months in any given calendar year.
Shall mean any drinking water aquifer upon which more than
50% of a population group depends and for which there is no practicable
or affordable alternate water supply, as certified by the United States
Environmental Protection Agency.
Shall mean that area of land within a WHPA from which ground water may enter the well within two years. (See maps referenced under subsection 32-6.5)
Shall mean that area of land within a WHPA from which ground water may enter the well within five years. (See maps referenced under subsection 32-6.5.)
Shall mean that area of land within a WHPA from which ground water may enter the well within 12 years. (See maps referenced under subsection 32-6.5.)
Shall mean the average time that a volume of water will take
to travel in the saturated zone from a given point to a pumping well.
Shall mean the well borehole and appurtenant equipment.
Shall mean an area described in plan view around a well,
from which ground water flows to the well and ground water pollution,
if it occurs, may pose a significant threat to the quality of water
withdrawn from the well.
[Ord. No. 2012-30-OAB]
a.
Well Head Protection Area Maps:
1.
The delineations of well head protection areas for public community
wells and public nontransient noncommunity wells, which were published
by the New Jersey Geological Survey of the New Jersey Department of
Environmental Protection, are incorporated herein and made a part
of this section. The Department of Environmental Protection will periodically
update the WHPA maps and these maps, published by the New Jersey Geological
Society, will be available at the web-site: <www.state.nj.us/dep/njgs/geodata/>.
The most recent WHPA maps available through the New Jersey Geological
Survey should replace the maps used for reference in this section.
A map of the well head protection areas located within Berkeley Township
is included as part of this section, is appended as Figure 1, and
is adopted as of the effective date of this section (adopted December
27, 2012). Maps of the municipality on which these delineations have
been overlain shall be on file and maintained by the offices of the
Clerk of Berkeley Township, and of the Construction Office of Berkeley
Township. (Figure 1 may be found at the end of this section.)
2.
Well head protection areas, as shown on the maps described in paragraph
a, or as periodically updated and delineated by the Department of
Environmental Protection and published by the New Jersey Geological
Survey shall be considered to be superimposed over any other established
zoning district. Land in a well head protection area may be used for
any purpose permitted in the underlying district, subject to the additional
restrictions presented herein.
b.
Assignment of Restrictions within Well Head Protection Areas. Properties
located wholly or partially within a well head protection area shall
be governed by the restrictions applicable to the most restrictive
well head protection area tier, if partially within one or more tiers.
c.
Inclusion of Well Head Protection Area Zoning into Master Plan. The
municipal Master Plan provides the legal basis for zoning and land
use regulation at the local level. The technical foundation for local
well head protection in this municipality should be incorporated into
the Master Plan. A technical report on the need for well head protection
in Berkeley Township may be adopted as part of the Master Plan [N.J.S.A
40:55D-28b(11)]. The technical report should include the following
information:
1.
A statement setting forth the rationale and need to protect the public
water supply through a program of well head protection for public
community wells and public nontransient noncommunity wells.
2.
Reference to the method used to delineate the well head protection
areas according to the "tiered" level of protection for public community
wells based upon the time of travel of ground water, as developed
by the New Jersey Geological Survey.
[Ord. No. 2012-30-OAB]
a.
The administrative authority for administering the provisions of
this section shall be the Planning Board or Board of Adjustment of
Berkeley Township acting jointly and in consultation.
b.
Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of Berkeley Township, and which is located within a delineated WHPA, as defined in subsection 32-6.5, that involves a potential pollutant source, as defined in subsection 32-6.7, shall comply with the requirements of this section.
c.
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this section, shall file an Operations and Contingency Plan, as required by subsection 32-6.9, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this section, shall be granted unless an Operations and Contingency Plan for the proposed change has been approved by the Administrative Authority. Any plan approved by the Administrative Authority shall be kept on file in the office of the Clerk of Berkeley Township, and shall be available to the public for inspection.
d.
Any change in land use or activity that introduces a major or minor potential pollutant source, as defined in subsection 32-6.7, shall be prohibited within a Tier 1 WHPA.
e.
Any change in land use or activity that introduces a major PPS, as defined in subsection 32-6.7, shall be prohibited within a Tier 2 WHPA.
g.
This section is supplementary to other laws and ordinances in this
municipality. Where this section or any portion thereof imposes a
greater restriction than is imposed by other regulations, the provisions
of this section shall supersede. These rules and regulations shall
in no way affect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
h.
The use limitations noted herein shall be considered as limitations
stipulated in the permitted list of uses in each zone. The activities
regulated herein shall be considered limitations accessory to permitted
uses in each zone.
[Ord. No. 2012-30-OAB]
The following are major and minor potential pollutant sources
subject to the requirements of this section. These listings are consistent
with the New Jersey Safe Drinking Water Act regulations [N.J.A.C.
7:10-11.4(a)4]. The Administrative Authority of Berkeley Township
may determine whether a proposed change in land use or activity is
a major or minor potential pollutant source.
a.
Major Potential Pollutant Sources may include the types of facilities
and land uses listed in Appendix A, found at the end of this section.
b.
Minor Potential Pollutant Sources may include the types of faculties
and land uses listed in Appendix B, found at the end of this section.
c.
Conditions:
1.
Sanitary sewer lines, industrial waste lines and storm water lines
may be located no closer than 100 feet to a regulated well, and only
if they are constructed of watertight construction (that is steel,
reinforced concrete, cast iron, PVC or other suitable material).
2.
Manhole and/or connections to a sanitary sewer system are prohibited
within 100 feet of a regulated well.
3.
Dry wells dedicated to roof runoff and serving residential properties
or commercial or industrial properties not listed in Appendix A are
permitted in any tier but may be located no closer than 100 feet to
a regulated well.
4.
Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with subsection 32-6.8 herein and shall be located no closer than 100 feet to a regulated well. The new aboveground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent properties.
5.
An aboveground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with subsection 32-6.8 herein and shall be located no closer than 100 feet to a public community or public nontransient noncommunity well.
[Ord. No. 2012-30-OAB]
a.
Any applicant proposing any change in land use or activity that involves any major or minor PPS, as defined in subsection 32-6.7, which would be located either wholly or partially within any WHPA shall demonstrate that they have applied for all required State permits or control documents. No final approvals under the authority of the Municipal Land Use Law shall be issued until all required State permits or control documents are issued final. Underground storage tanks regulated at N.J.A.C. 7:14B shall also be operated in a manner consistent with N.J.A.C. 7:14B.
b.
Any activity that involves any major or minor PPS, which would be
located either wholly or partially within any WHPA, shall comply with
and operate in a manner consistent with the following Best Management
Practices:
1.
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors, shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
ground water or surface waters.
2.
Outdoor storage, dispensing, loading, manufacturing or processing
areas of hazardous substances or hazardous wastes must be protected
from precipitation, stormwater flows or flooding.
3.
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but not
be limited to:
(a)
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances, for the duration of a spill
event.
(b)
Curbing.
(c)
Gutter, culverts and other drainage systems.
(d)
Weirs, booms and other barriers.
(e)
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
(f)
Drip pans.
4.
Secondary containment and/or diversionary systems, structure or equipment
must meet the following standards:
(a)
The system must block all routes by which spilled hazardous
substances could be expected to flow, migrate, or escape into the
ground water or surface waters.
(b)
The system must have sufficient capacity to contain or divert
the largest probable single discharge that could occur within the
containment area, plus an additional capacity to compensate for any
anticipated normal accumulation of rainwater.
(c)
In order to prevent the discharge of hazardous substances into
ground water, all components of the system shall be made of or lined
with impermeable materials sufficient to contain the substance for
the duration of a spill event. Such material or liner must be maintained
in an impermeable condition.
(d)
No manufacturing area, processing area, transfer area, dike
storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP approved industrial wastewater treatment or pretreatment facility,
or other NJDEP approved facility.
(e)
Catchment basins, lagoons and other containment areas that may
contain hazardous substances should not be located in a manner that
would subject them to flooding by natural waterways.
5.
Stormwater shall be managed so as to prevent contamination of ground
water, and so as to be in accordance with applicable laws and regulations
of the State of New Jersey, and of Berkeley Township.
[Ord. No. 2012-30-OAB]
a.
Any applicant proposing any change in land use or activity that involves any PPS, as defined in subsection 32-6.7 that would be located either wholly or partially within any WHPA shall submit an Operations and Contingency Plan to the Administrative Authority. This Operations and Contingency Plan shall inform the Administrative Authority about the following aspects of the proposal:
1.
Types of PPS proposed for the site;
2.
Types and quantities of hazardous substances or hazardous wastes
that may be used or stored on site;
3.
Means to be employed to contain or restrict the spillage or migration
of hazardous substances or hazardous wastes from the site into ground
water;
4.
Means to be used to contain or remediate accidental spillage of such
materials;
5.
Means to notify administrative authority about any accidental spillage
of such materials;
b.
The Administrative Authority shall review, and shall approve or reject
any Operations and Contingency Plan prior to approving or denying
the application for a land use change or activity.
c.
Any Operations and Contingency Plan submitted shall be available
for public review and comment.
[Ord. No. 2012-30-OAB]
A prompt investigation shall be made by the appropriate personnel
of the Construction or Engineering Office of Berkeley Township, of
any person or entity believed to be in violation hereof. If, upon
inspection, a condition which is in violation of this section is discovered,
a civil action in the Special Part of the Superior Court, or in the
Superior Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process. Nothing in this section
shall be construed to preclude a municipality's right, pursuant
to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal
Court. The violation of any subsection of this section shall constitute
a separate and distinct offense independent of the violation of any
other subsection, or of any order issued pursuant to this section.
Each day a violation continues shall be considered a separate offense.
|
Appendix A
(Subsection 32-6.7a)
| |
|---|---|
|
Types of Facilities or Uses that Are Deemed to Be Major Potential
Pollutant Sources
| |
|
1
|
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills.
|
|
2
|
Collection and transfer facility for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials.
|
|
3
|
Any use or activity requiring the underground storage of a hazardous
substance or waste in excess of an aggregate total of 50 gallons and
regulated by NJDEP under provisions of the Underground Storage of
Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.).
|
|
4
|
Above-ground storage or treatment facility for a hazardous substance
or waste with a cumulative capacity greater than 2,000 gallons.
|
|
5
|
Any industrial treatment facility lagoon.
|
|
6
|
Farm or residential underground storage tanks of motor fuel
for noncommercial purposes with a capacity greater than 1,100 gallons.
|
|
7
|
Underground heating oil storage for on-site consumption with
a capacity greater than 2,000 gallons.
|
|
8
|
Unlined retention/detention pond that receives stormwater discharge
from a highway.
|
|
9
|
Industrial or sanitary wastewater treatment plant.
|
|
10
|
Pipeline, except natural gas.
|
|
11
|
Automotive service center (repair and maintenance), car or truck
washing facility, truck, bus, or locomotive maintenance yard or terminal.
|
|
12
|
Road salt storage facility.
|
|
13
|
Site for storage and maintenance of heavy construction equipment
and materials.
|
|
14
|
Junkyard, auto recycling, scrap metal, or scrap industry facility.
|
|
15
|
Resource Conservation Recovery Act (RCRA) treatment, storage,
and disposal facility.
|
|
16
|
Toxic Catastrophe Prevention Act facility.
|
|
17
|
Facility requiring Discharge Cleanup and Removal (DCR) Plans.
|
|
18
|
Solid waste recovery facility (SWRRF), solid waste transfer
facility (SWE), or Class B recycling facility.
|
|
19
|
Compost facility excluding individual household compost units.
|
|
20
|
Disinfecting and pest control service.
|
|
21
|
Solvents recovery service.
|
|
22
|
Industrial or commercial laundry, dry cleaner, or carpet/upholstery
cleaner.
|
|
23
|
Quarrying and/or mining facility.
|
|
24
|
Asphalt and/or concrete manufacturing facility.
|
|
25
|
Textile mill with finishing operations (dyeing, coating, etc.)
or leather tanning and finishing.
|
|
26
|
Manufacturing, repair or product processing facility using hazardous
substances for wood preserving, reconstituting wood products, furniture,
or fixtures with metal finishing.
|
|
27
|
Manufacturing or processing facility for inorganic chemicals,
alkalies, chlorine, industrial gases, inorganic pigments, plastic
materials, synthetic resins, pharmaceuticals, soaps, detergents, paints,
gum and wood chemicals, industrial organic chemicals, pesticides and
agricultural chemicals, photographic chemicals, adhesives, sealants,
rubber or plastic.
|
|
28
|
Petroleum refinery, bulk station or terminal.
|
|
29
|
Steel mill.
|
|
30
|
Metal foundry, smelter, forging, fabricating, plating, coating,
or finishing facility.
|
|
31
|
Manufacturing, assembly, or packing of ordinance with explosive
load.
|
|
32
|
Manufacturing or processing facility for electronic equipment,
carbon and graphite products, cathode ray tubes, printed circuit boards,
semiconductors, electronic crystals, controlling instruments or batteries.
|
|
33
|
Manufacturing or processing facility for transportation equipment
or ship building.
|
|
34
|
Repair shop with metal finishing.
|
|
35
|
Pulp, paper, and paperboard mill.
|
|
36
|
Printing and publishing facility.
|
|
37
|
Weapons testing grounds.
|
|
38
|
Military facility.
|
|
39
|
Electrical power plant or substation.
|
|
40
|
Hospital or medical laboratory.
|
|
41
|
Research organization using hazardous substances.
|
|
42
|
Cemetery or funeral home or such facilities with embalming facilities.
|
|
43
|
Site for storage and maintenance of equipment and materials
for landscaping.
|
|
44
|
Livestock operation.
|
|
45
|
Agricultural use that does not use DEP approved Best Management
Practices for agricultural chemical bulk storage, mixing or loading,
including crop dusting or spraying facilities.
|
|
46
|
Nursery that does not use DEP approved Best Management Practices.
|
|
47
|
Golf course that does not use DEP approved Best Management Practices.
|
|
Appendix B
(Subsection 32-6.7a)
| |
|---|---|
|
Types of Facilities or Uses that Are Deemed to Be Minor Potential
Pollutant Sources
| |
|
1
|
Underground storage of hazardous substance or waste of less
than 50 gallons.
|
|
2
|
Underground heating oil storage tank for on-site consumption
with a capacity of less than 2,000 gallons.
|
|
3
|
Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in subsection 32-6.7c)
|
|
4
|
Industrial waste line. (See conditions in subsection 32-6.7c)
|
|
5
|
Septic leaching field.
|
|
6
|
Facility requiring a ground water discharge permit issued by
the NJDEP pursuant to N.J.A.C. 7:14A et seq., unless required for
remediation of a contaminated site.
|
|
7
|
Stormwater retention-recharge basin.
|
|
8
|
Dry well. (See conditions in subsection 32-6.7c)
|
|
9
|
Storm water line within 100 feet of a regulated well. (See conditions in subsection 32-6.7c)
|
|
10
|
Above-ground storage of hazardous substance or waste in quantities
of less than 2,000 gallons.
|
|
11
|
Any "industrial establishment" facility subject to the rules
of the Industrial Site Remediation Act (N.J.A.C. 7:26B) and listed
in Appendix A that is deemed by the administrative authority of Berkeley
Township to be a Minor Potential Pollutant Source.
|
|
Figure 1: Wellhead Protection Areas
(Subsection 32-6.5)
 |
[Ord. No. 2012-28-OAB]
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1,
it is the purpose of this section:
a.
To establish a management program for individual and non-individual
subsurface sewage disposal systems in the Township of Berkeley in
order to ensure the proper operation and maintenance of such systems.
This section 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.
[Ord. No. 2012-28-OAB]
This section shall be known as the Subsurface Sewage Disposal
System Management Ordinance of the Township of Berkeley.
[Ord. No. 2012-28-OAB]
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1 et
seq.) 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-1.1 et seq., and any amendments thereto ("NJDEP
Regulations") are hereby incorporated into this section, with the
following additions:
Shall mean for initial licenses, this term shall mean: The
use or direction of waste water to a system after the adoption date
of this section.[1] 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.
Shall mean the Board of Health of the Township of Berkeley.
Shall mean an educational program 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
program shall be deemed to be in accordance with N.J.A.C. 7:9A-3.14.
Shall mean the Township Engineer or his designee.
Shall mean 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.
Shall mean any person, firm or corporation which has been
found qualified to pump out an individual or non-individual subsurface
sewage disposal system, and who has been registered by the State of
New Jersey Department of Environmental Protection.
Shall mean all areas of the Township outside of the jurisdiction
of the Pinelands Commission.
Shall mean 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.
Shall mean a license issued to an applicant pursuant to this
section for the operation of an individual or non-individual subsurface
sewage disposal system.
Shall mean 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
section.
Shall mean 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.
Shall mean any fixed or mobile restaurant; coffee shop; cafeteria;
short order cafe; luncheonette; grill; tearoom; sandwich shop; soda
fountain; tavern; bar; cocktail lounge; night club; roadside stand;
industrial feeding establishment; private, public, or nonprofit organization,
institution, or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market, or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere, and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge.
Shall mean an individual or non-individual subsurface sewage
disposal system, including all of the component parts thereof.
[1]
Editor's Note: Ordinance No. 2012-28-OAB, codified herein
was adopted December 27, 2012.
[Ord. No. 2012-28-OAB]
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 (Option One - Management District) (Option Two
- Township of Berkeley) shall be subject to all of the requirements
of this section.
b.
Applicability. No person within the Township of Berkeley 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, Section 32-4 of the Berkeley Township General Code, and this section.
c.
Exemptions. Any system not in active use shall be exempted from this
section. 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.
[Ord. No. 2012-28-OAB]
a.
Requirement for License. On and after the effective date of this
section (adopted December 27, 2012), no owner or occupant of a property
in the Township of Berkeley 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:
(a)
Issuance of a certificate of compliance for a new system.
(b)
Issuance of a certificate of compliance for the alteration of
a system.
(c)
Upon the sale or transfer of a premises.
(d)
All existing individual and non-individual sewerage disposal
systems shall be compliant with the provisions herein within one year
after enactment of this section.
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 subsection 32-7.11 of this section 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 60 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 subsection 32-7.7 of this section; or
(b)
(1)
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 section. Said form shall be prepared, completed
and certified by:
(2)
Any such inspection under this subsection, shall include but
not be limited to the following:
2.
Renewal Term. Any license renewed under paragraph b1(a) (Actual pumping)
shall be renewed for a period of three years. Any license renewed
under paragraph b1(b) (Inspection) shall be renewed for 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 section 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 section.
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:
1.
Limited size of the septic tank or disposal field;
2.
The fact that the existing system may be a cesspool;
3.
The age of the system;
4.
Past history of malfunction or other noncompliance;
5.
Location of the existing system in a flood hazard, wetland area,
wetland transition zone or other environmentally sensitive area regarding
environmentally sensitive areas;
6.
Proximity of the system to a well or water body.
e.
Special Licensing Provisions for Retail Food Handling Establishments.
The license to operate for a retail food handling establishment shall
expire one year after issuance or one year from the date of the documented
pumpout, whichever comes first. 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.
[Ord. No. 2012-28-OAB]
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 suitable chlorine-bearing
compound.
(f)
Grease and other waste materials removed from grease traps shall
be disposed of in accordance with the requirements of the Statewide
Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq.
and N.J.S.A. 7:11A-1 et seq., as well as any other applicable State
or local rules, regulations, ordinances or directives.
[Ord. No. 2012-28-OAB]
a.
Any person, partnership, firm or corporation who empties, relieves or pumps out all or a portion of an individual or non-individual sewage disposal system within the Township shall first apply to the Board of Health to become a licensed septic sludge removal operator. The applicant shall be validly registered with the New Jersey Department of Environmental Protection for such removal. Any such license shall be for a term of five years and shall be subject to the payment of a fee as provided in subsection 32-7.11 of this section.
b.
Prior to emptying, relieving or pumping out all or a portion of any
individual or non-individual subsurface sewage disposal system within
the Township of Berkeley, the licensed septic sludge removal operator
shall obtain a septic sludge removal permit from the Board of Health.
c.
The 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 section.
d.
In addition to the license required under paragraph a above, the
pumping of septic tanks shall be performed by a solid waste hauler
registered with the NJDEP in accordance with the requirements of N.J.A.C.
7:26-3.c.
e.
The Board of Health may suspend or refuse to renew the license of
any septic sludge removal operator who fails to comply with this section.
f.
Equipment used in the pumping of septic tanks shall meet the following
requirements:
1.
Mobile tanks shall be securely mounted on trucks or trailers, shall
be 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.
2.
Pumps and hoses shall be maintained and operated in a condition that
will prevent the leakage of sewage.
3.
Equipment shall be available to permit the accurate measurement of
the sludge and scum levels in relation to the bottom of the outlet
baffle.
g.
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.
h.
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
i.
Septage shall be disposed of at a sewage treatment plant designated
in accordance with District and/or State Solid Waste Management Plans
pursuant to the Statewide Sludge Management Plan adopted pursuant
to N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 58:IA-1 et seq.
[Ord. No. 2012-28-OAB]
Any person aggrieved by any decision of a designee of the Board
of Health made pursuant to this subsection 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.
[Ord. No. 2012-28-OAB]
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 subsection, the DEP Regulations, any rule or regulation
promulgated pursuant to this section or any permit, certificate or
license issued pursuant to this section is hereby declared to be a
nuisance.
4.
In addition the powers provided for in N.J.A.C. 7:9A-1.1 et seq.,
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 section 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 section. Any such revocation shall be upon notice to the owner/operator,
with an opportunity to comment or appeal.
[Ord. No. 2012-28-OAB]
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. 7:9-3.19, the Township Engineer
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.
[Ord. No. 2012-28-OAB]
[Ord. No. 2012-28-OAB]
a.
A person who violates any provision of this section, 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 section,
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 section.
c.
Nothing in this subsection shall be construed as limiting the remedies
of the Board of Health for violation of this section. The Board of
Health may proceed under any other remedy available at law or in equity
for any violation of this section or any term or condition of any
certificate or license issued by the Board of Health or for any failure
to comply with any notice or order issued by the Board of Health or
its enforcement official under this section.
