[HISTORY: 1973 Code §§ 140-1—140-14
adopted by the Board of Health as amended through October 13, 2016.
Amendments noted where applicable.]
The Board of Health finds that the geological strata of North
Caldwell, which consists of significant deposits of rock and clay,
together with the contours of the land, result in poor drainage conditions
for individual sewage disposal systems. As a consequence, sewage disposal
systems have proven to be ineffective and have caused environmental
pollution in the form of microbiological contamination of ground-
and surface waters and fetid odors, as well as inconvenience and hardship
to homeowner-users. In order to ensure a safe and healthy environment,
it is particularly necessary and proper to regulate closely the location,
construction, use and maintenance of individual sewage disposal systems
within the Borough of North Caldwell.
Pursuant to N.J.S.A. 26:3-69.2, the regulations promulgated
by the Department of Environmental Protection entitled "Standards
for Individual Sub-surface Sewage Disposal Systems," N.J.A.C. 7:9A,
as modified, to provide such higher standards as are required by the
geological and topographic conditions of North Caldwell, pursuant
to authority granted by N.J.S.A. 58:11-25 (hereinafter "Regulations"),
is hereby adopted. A copy of said Regulations are annexed hereto and
made a part hereof without inclusion of the text thereof herein. The
Regulations have been placed on file in the office of the Secretary
of the Board of Health and shall remain on file in said office for
the use and examination of the public.
[New]
No person shall install, construct, alter or repair any individual
subsurface sewage disposal system until a permit for the installation,
construction, repair or alteration of said sewage disposal system
shall have been issued by the Health Officer or the Health Officer's
designee upon completion of the application therefor. (N.J.A.C. 7:9A-3.5)
A.
Water conservation devices shall be required on all showers and water
closets in dwellings serviced by an individual sewage disposal system.
B.
The connection of garbage disposal units to an individual sewage
disposal system is prohibited.
C.
All dwellings serviced by individual sewage disposal systems shall
be designed and constructed so that the sewage disposal system is
separate and distinct from the disposal system for laundry and dishwasher
waste, the latter to be serviced by their own disposal system.
The contents of any septic tank, cesspool, privy or other receptacle
containing human excrement shall not be removed until a permit for
such removal has been obtained from a representative of the Board
of Health. Permits will only be issued to licensed haulers.
[New]
In the case of any permit or certification required by this
article being denied by the Health Officer, notice of appeal of said
denial shall be made to the secretary of the Board of Health and to
the Health Officer within 10 days after the date of denial. Thereafter,
a hearing shall be held thereon before the Board of Health within
15 days after said appeal is made by the applicant, and upon such
hearing, the Board of Health shall affirm, alter or rescind the previous
determination of the Health Officer and take action accordingly within
15 days after the date of such hearing.
The Board of Health may order all further work in and about
any individual sewage disposal system which is being erected or installed
in violation of the Regulations and provisions hereof to be stopped
forthwith, except such work as shall be necessary to remedy such violation.
[New]
The following fees and charges are herewith established:
A.
For the filing of an application and plans for a certification of
an application to construct an individual sewage disposal system:
$250.
B.
For the filing of an application and plans for a permit to alter
an existing individual sewage disposal system: $100.
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, an inspection fee shall
be charged: $100.
D.
For the issuance of a permit to clean or empty any receptacle used
for the reception or storage of human excrement or other putrescible
matter: $50.
No provision of this article shall be construed to limit the
obligations imposed by statutes or the Regulations. Whenever this
article and any other ordinance, regulation or statutory provision
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail. In the interpretation and application of this article,
all provisions shall be considered as minimum requirements, liberally
construed in favor of the Board of Health, and deemed neither to limit
nor repeal any other powers granted under state statutes and regulations
promulgated thereunder.
A.
Any person who violates this article or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not more
than $500 or imprisoned for not more than 90 days, or both, for each
violation and, in addition, shall pay all costs and expenses involved
in the case. Nothing herein contained shall prevent the Board of Health
of North Caldwell from taking such other lawful action as is necessary
to prevent or remedy any violation.
B.
Each day a particular violation continues shall constitute a separate
offense.
