Editor's Note: For statutory provisions governing
sewer systems in realty improvements, see "The Realty Improvement
Sewerage and Facilities Act (1954)." N.J.S.A. 58:11-23 et seq.
See also "Rules and Regulations for the Preparation and
Submission of Plans for Sewer Systems and Wastewater Treatment Plants"
effective May 10, 1965, promulgated by the State Department of Health.
See also "Standards for the Construction of Sewerage Facilities
for Realty Improvements" promulgated by the State Commission of Health,
effective August 1, 1963.
Editor's Note: See also Chapter 18, Water and Sewer, of the Revised General Ordinances.
[1985 Code § 108-1.1]
As used in this chapter:
Shall mean and include a sanitary sewer system which has
been designed in accordance with the rules and regulations of the
State Department of Health, pursuant to Title 58 of the New Jersey
Statutes and intended to provide sewage facilities for realty improvements.
Shall include the singular, and plural, and shall mean and
include any person, firm, or partnership, corporation, association,
club, society, or any other form of association or organization.
Shall include any residence or other building the useful
occupancy of which will require the installation or erection of sewage
facilities.
[1985 Code § 108-1.2]
No person shall locate, construct, alter, or put into use an
approved sewer system until a permit for the location, construction,
or alteration of the system shall have been issued by the Board of
Health.
No certificate of compliance shall be issued until and unless
such system complies with the standards and regulations herein stated.
[1985 Code § 108-1.3]
Applications for the permit required by this chapter, and for
certificate of compliance of the system shall include such engineering
data as shall be prescribed by the standards for construction, fixed
by the State Department of Health and by this chapter. The application
shall set forth the following information:
a.
The applicant's full name and post office address;
b.
The full description of the property or area in the Borough to be
served by the sewer system;
c.
Name and address of the professional engineer designing the system;
d.
Certification of the professional engineer that the sewer system
is in compliance with the standards of the State Department of Health
and the standards of this chapter;
e.
Name and address of the licensed superintendent or operator who will
be in general charge of the sewer system; and
f.
Such other information as the Board of Health may determine and require
in order to show compliance with the standards herein stated.
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Copies of all applications and the accompanying engineering
data for certification shall be filed with or mailed to the State
Department of Health on the date on which application is made to the
Board of Health.
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[1985 Code § 108-1.4]
The Board of Health shall issue or deny certification within
30 days after receiving an application for certification except that
in case the Board finds the data submitted by an applicant incomplete,
the time for acting thereon shall be extended by 30 days beyond the
date of submission of adequate supplementary or amendatory data. Denial
of certification shall be supported by a statement of the reasons
for such action.
Copies of all certifications by the Board of Health shall be
mailed to the State Department of Health on the date of issue.
[1985 Code § 108-1.5]
Any permit or certification made may be revoked by the Board
of Health provided such action is taken before approval is given by
the State Department of Health; and provided that such action is supported
by a statement of the reasons therefor. If after revocation of any
permit or certification, the application is amended or supplemented,
the Board after reconsideration may re-issue the permit and re-certify
the system.
[1985 Code § 108-1.6]
If any change in the physical conditions of any lands of a realty
improvement which will materially affect the operation of the sewage
facilities or system covered by any certification issued under this
chapter shall be made after certification, the certification shall
become null and void and a new certification shall be obtained before
construction shall proceed. A copy of the application for a new certificate
shall be mailed to the State Department of Health on the date upon
which it is submitted to the Board of Health.
[1985 Code § 108-1.7]
In case any certification is denied by the Board of Health,
a hearing shall be held thereon before the Board within 15 days after
request thereof is made by the applicant. After the 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.
[1985 Code § 108-1.8]
The Board of Health shall have power to make, or cause to be
made, such inspections and tests as may be necessary to carry out
the purposes of this chapter, and its authorized representatives shall
at all times have the right to enter upon the lands served by the
sewer system and/or of the realty improvements for these purposes.
[1985 Code § 108-1.9]
The Board of Health shall have the right to order all further work in and about any sewage facilities which are being erected or installed in violation of this Act (The Realty Improvement and Facilities Act (1954), N.J.S.A. 58:11-23 et seq.), to be stopped forthwith, except such work as shall be necessary to remedy such violation and thereafter, to continue such work without any violation of any of the provisions of this Act (The Realty Improvement and Facilities Act (1954), N.J.S.A. 58:11-23 et seq.), and after the issuance of any such order and the service of a copy thereof upon any persons connected with or working in and about the erection or installation of any such sewage facilities, or any part thereof, no further work shall be done thereon except as aforesaid and any person or corporation who, after having been served with a copy of such an order, shall do any work or cause or permit any work to be done in or about the same, except such as is hereinbefore provided, shall be liable for a penalty stated in Chapter BH1, Section BH1-3 to be collected and enforced by summary proceedings for the collection of penalties pursuant to the "Penalty Enforcement Law." (N.J.S.A. 58:1-1 et seq.)
NOTE: The foregoing provision is in accordance with N.J.S.A.
58:11-40.
[1985 Code § 108-1.10]
The following fees and charges are herewith established:
a.
For the filing of an application and plans for a permit to locate
and construct a sewer system: $20.
b.
For the issuance of a permit, or for a certification to locate and
construct a sewer system in compliance with this chapter: $200.
c.
For the filing of an application and plans for a permit to alter
or extend a sewer system: $10.
d.
For the issuance of a permit, or for a certification to alter or
extend a sewer system: $40.
e.
For each house connection to an approved sewer system, a permit fee
of $5.
[1985 Code § 108-1.11]
a.
All of the rules and regulations of the State Department of Health
of the State of New Jersey, made effective on April 25th, 1958, promulgated
for employment in the administration of N.J.S.A. 58:12-1 et seq.,
58:11-2, 58:11-10 and 58:10-17, and any supplements and amendments
thereto, except as to any provisions hereinafter recited modifying
the same, are hereby included and made part of this section; no approved
sewer system shall be certified until and unless it conforms to such
rules and regulations, as herein modified.
b.
All work in connection with the installation of an approved sewer
system, and all house connections, shall be in accordance with the
provisions of the State Sanitary Code and the State Uniform Construction
Code. Work in connection with house connections shall be performed
by duly licensed personnel who must satisfy the local Board of Health
of their experience and knowledge in the installation of house connections
to approved sewer system.
c.
All sewage treatment plants are to be provided with primary and secondary
treatment facilities.
d.
No intermittent biological sand filter shall be employed to provide
secondary treatment in any sewage treatment plant.
e.
Sewage treatment plants must be designed to provide parallel units
for all principal treatment processes so that any one unit may be
temporarily removed from service without affecting the operation of
the remaining units.
Principal treatment processes as contained in this chapter shall
be defined as screening and comminutor mechanisms, primary and secondary
settling basins, biological treatment units and sand filters or similar
filtering media.
f.
Aesthetic Appearance. In the residential areas, an aesthetic (sight)
fence should preclude the enclosed safety fence.
g.
Alarm Systems. The alarm system should include a visual warning,
such as a flashing light, in addition to the required audible system.
h.
Applicants shall prove to the Board that they have investigated all
possibilities of hooking up to existing systems which can be economically
expanded.
i.
Sewage treatment plants shall be located as far from existing structures
as practical, but not closer than the distances from the following:
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From an existing collector street
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400 feet
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From an existing minor street
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200 feet
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From any existing dwelling
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500 feet
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From any other type of existing building
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300 feet
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From property line
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250 feet
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Where intermittent sand filters are used, the distances shall
be as follows:
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From an existing collector street
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600 feet
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From an existing minor street
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200 feet
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From any existing dwelling
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500 feet
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From any other type of existing building
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300 feet
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From property line
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300 feet
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Variances from any of the above distances may be granted by
the Board of Health after public hearing on due notice to all property
owners within the distance of the location of the proposed treatment
plant for which a variance is applied for. Where by ordinance consent
has been given to the formation of a sewerage company, and such ordinance
provides for the location of sewage treatment plants, such company,
notwithstanding the provisions herein, shall locate its sewage treatment
plants in accordance with the distances stated in the ordinances of
consent.
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j.
After the installation of the sewer system, the applicant shall submit
in duplicate a map, with an overlay of the original plan, upon which
certification is based, showing the location of the treatment plant,
and showing all utilities, construction units and connections in exact
location and elevation. This map shall bear the certification of the
professional engineer designing the system.
[1985 Code § 108-1.12]
No permit shall be issued until the applicant shall file a bond
in the principal amount of $4,000 of a surety company acceptable to
the Board, conditioned (1) upon the performance of the work to be
done in a good workmanlike manner and in conformity with all applicable
ordinances, regulations of local and State Boards; and (2) upon the
effective removal and abatement notice from the Board, of any nuisance
arising out of failure of the sewage system to function in a sanitary
manner during the twelve-month period commencing from the completion
date.
[1985 Code § 108-1.13]
This chapter Where intermittent sand filters are used, the is
for the purpose of regulation and shall in no way affect any of the
fees as now provided for or to be hereafter provided for in any other
ordinance, but shall be in addition thereto.
