[HISTORY: Adopted by the Township Committee of the Township of Elsinboro as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A, Septic System Deed Restriction
[Adopted 3-20-2008 by Ord. No. 2008-3]
It is found and declared that:
A. 
Residential and nonresidential on-site wastewater treatment systems are in use within Elsinboro Township.
B. 
Some of these systems were designed and installed prior to 1967 without the benefit of Health Department oversight and/or regulatory guidelines.
C. 
On-site wastewater treatment systems may malfunction due to age, design, lack of maintenance or other reasons. These malfunctions have been shown to adversely affect public health and welfare and the environment. Such systems constitute a potential source of pollution of groundwater and surface waters, contamination of potable water supplies, foul odors, nuisance problems and other hazards to public health and therefore must be corrected.
D. 
Not all system malfunctions can be corrected in a manner which meets current environmental standards. This may be due to lot size, soil and groundwater conditions, wetlands, CAFRA or other site constraints. Additionally, some of these systems are insufficient for additions to, or reconstruction of, the current realty improvement.
E. 
On-site wastewater treatment systems determined to be malfunctioning or insufficient for additions and reconstruction may need to be altered or replaced with advanced technology treatment systems in order to overcome environmental or site constraints while still providing for adequate treatment and disposal of effluent, thus eliminating pollution of groundwater and surface waters, contamination of potable water supplies, foul odors, nuisance problems and other hazards to public health.
F. 
The Salem County Health Department may approve the use of advanced treatment technologies for the repair/alteration to an existing malfunctioning sewage disposal system, provided there is no expansion or change in use of the realty improvement.
G. 
The NJDEP, through a treatment works approval issued pursuant to N.J.A.C. 7:9A-3.9, may approve the use of advanced treatment technologies, in some cases, for new construction, reconstruction, expansion or change of use.
H. 
It is determined to be in the interest of public health and the environment, safety and welfare to establish provisions to regulate the operation and management of such advanced technology systems to protect the public and environment against system failures and resultant pollution.
I. 
The licensing provisions contained in this article are necessary to protect the public health, safety and welfare because advanced technology systems are active systems and require vigilant maintenance. It is therefore necessary to exceed the provisions contained in N.J.A.C. 7:9A-1 et seq. This is hereby declared to be a "special ordinance" in accordance with N.J.A.C. 7:9A-3.1(b) and shall be forwarded to the New Jersey Department of Environmental Protection within 10 days of adoption.
J. 
The licensing provisions contained in this article are additionally necessary in order to enable the use of on-site system technology that enhances treatment of wastewater, to ensure its proper management and maintenance.
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 all residential and nonresidential advanced-technology on-site wastewater treatment systems within Elsinboro Township in order to ensure the proper operation and maintenance of such systems. This article requires all advanced-technology on-site wastewater treatment systems subject to local regulation to be satisfactorily operated, inspected and maintained on a regular basis in order to minimize future malfunctions of such systems.
B. 
To regulate advanced-technology on-site wastewater treatment systems in Elsinboro Township to protect public health and welfare and the environment. This includes a means of educating advanced-technology on-site wastewater treatment system 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 regarding advanced-technology on-site wastewater treatment systems in the program area.
D. 
To promote and assure the proper use and maintenance of residential and nonresidential advanced-technology on-site wastewater treatment systems.
This article shall be known as the "Advanced Technology On-Site Wastewater Treatment and Disposal System Management Ordinance of Elsinboro Township."
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1) of the New Jersey Department of Environmental Protection (NJDEP) standards for the construction of individual on-site wastewater treatment systems, N.J.A.C. 7:9A-1.1 et seq., and any amendments thereto ("NJDEP Regulations"), are hereby incorporated into this article, with the following additions:
ADVANCED WASTEWATER TREATMENT OR DISPOSAL TECHNOLOGY (ADVANCED-TECHNOLOGY ON-SITE WASTEWATER TREATMENT SYSTEM)
Any component or system which is a part of an individual subsurface sewage disposal system that is employed to reduce levels of pollution or convey pollutants to the subsurface environment that is not addressed or is not designed in strict conformance with the requirements of N.J.A.C. 7:9A.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BOARD OF HEALTH
The Board of Health of Elsinboro Township.
BOARD OF HEALTH DESIGNEE
The Salem County Health Department shall act as the designated authority for the Elsinboro Township Board of Health for the oversight and enforcement of this article. This agreement is by annual contract between the Township and county for the provision of Health Department services.
EDUCATION PROGRAM
An educational program prepared and administered by the Salem County Health Department regarding the function of advanced-technology on-site wastewater treatment systems and the proper procedures for the operation and maintenance of such systems. The educational program shall be performed in accordance with the minimum requirements of N.J.A.C. 7:9A-3.14.
ENFORCING OFFICIAL
The Salem County Health Department.
MANAGEMENT DISTRICT
The requirements of this article shall apply to areas governed by the Elsinboro Township Board of Health.
NONRESIDENTIAL
Any realty improvement 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(a)2. Typical examples include, but are not limited to, commercial buildings, restaurants, food establishments, commercial/residential mixed uses, and systems servicing multiple units.
ON-SITE WASTEWATER TREATMENT SYSTEM
An individual subsurface sewage disposal system as referred to in N.J.A.C. 7:9A. A septic system is one example. An advanced-technology wastewater treatment and disposal system is another example.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this article for the operation of an advanced-technology on-site wastewater treatment system.
OWNER/OPERATOR
The person who owns or leases the realty improvement which is served by a residential or nonresidential on-site wastewater treatment system and/or the person who uses or operates said system. The owner of the realty improvement and the operator of the system, if different, are jointly and severally liable for the obligations imposed by this article.
PLOT PLAN
An engineered drawing showing the type and location of the on-site wastewater treatment system servicing the property, as well as the location and type of any on-site water supply. All plot plans shall be drawn to scale and list the dimensions used.
RETAIL FOOD-HANDLING ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SYSTEM
An individual or nonindividual on-site wastewater treatment system, including all of the component parts thereof.
A. 
Scope. The owner and/or occupant of any realty improvement serviced by an advanced-technology on-site wastewater treatment system located in the Management District shall be subject to all of the requirements of this article.
B. 
Applicability. No person within the Management District shall operate a residential or nonresidential advanced-technology on-site wastewater treatment 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 operation for a period of six months or longer shall be exempted from the licensing and maintenance requirements of this article. The Board of Health shall require an owner or operator of a system seeking exemption under this section to submit proof in the form acceptable to the Salem County Health Department to qualify for this exemption. Systems placed back into operation after having obtained an exemption must comply with all requirements of this article at the time operation commences.
A. 
Requirement for license. On and after the effective date of this article, no owner or occupant of a property in the Management District upon which an individual or nonindividual advanced-technology on-site wastewater treatment system is located shall operate or otherwise use a system unless a currently valid license to operate the system has been issued by the Salem County Health Department in accordance with the schedule herein to the owner of the property on which the system is located.
(1) 
The Salem County Health Department may issue a license to operate and distribute educational information relative to the proper operation and maintenance practices to the owner and occupant of a property upon one or more of the following events:
(a) 
Issuance of a certificate of compliance for any system using advanced wastewater treatment or disposal technology(ies).
(b) 
Upon the sale or transfer of a premises using advanced technology wastewater treatment or disposal if so notified in advance of the sale.
(c) 
Upon the renewal of a license to operate required under this article.
(2) 
All licenses issued pursuant to this section shall be on a form provided by the Salem County Health Department. 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 § 198-11 of this article, shall accompany each application to the Health Department 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 any advanced-technology components) 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. The plot plan used for the permit to construct the advanced-technology on-site wastewater treatment system is the acceptable format.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Expiration/renewal. The initial license to operate shall expire three years after issuance and annually thereafter. The Salem County Health Department shall notify the licensee or its designee at least 90 days before the license expires and shall direct the licensee 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, and any technical guidelines from the manufacturer of the system components.
(1) 
Requirements for renewal. The Salem County Health Department shall not renew the license unless the licensee has submitted the following:
(a) 
Submission of all system inspection and maintenance reports completed as part of the required maintenance contract.
[1] 
The inspection report(s) shall indicate:
[a] 
That the system has been maintained.
[b] 
The system is not in need of pumping.
[c] 
The system is functioning as specified by the manufacturer.
[d] 
The system is in conformance with the system permit.
[2] 
Inspection reports shall follow the NJDEP technical guidelines for inspection and incorporate specific checks on the advanced technology as outlined by the manufacturer. Said form shall be prepared, completed and certified by:
[a] 
A licensed professional engineer; or
[b] 
A person certified and/or qualified to perform sewage disposal maintenance on the type of technology used in the system. This person must appear on a current list from the specific technology manufacturer.
(2) 
If the inspection report indicates that pumping of the treatment tank or other maintenance, alteration, or repair of the system is necessary, the Salem County Health Department shall issue a notice of violation requiring pumping, maintenance, or a permit to alter or repair. Following pumping, maintenance, or permitted alteration or repair of the system, the owner/operator shall submit to the Salem County Health Department a completed pumping/maintenance report prepared and signed by the person performing the required work or the Health Department certificate of compliance for an alteration/repair.
(3) 
Renewal term.
(a) 
Any license shall be renewed for a period of one year.
(b) 
As a condition precedent to a license renewal, the owner/operator shall pay the fee required by § 198-11 herein.
C. 
Suspension of license.
(1) 
The Salem County Health Department may suspend or revoke the license to operate in the following circumstances:
(a) 
It has been determined that the system is malfunctioning based upon criteria provided for in N.J.A.C. 7:9A-3.4(a) or the system requires maintenance and the licensee fails to take immediate steps to correct said malfunction or maintenance requirements as directed by the Salem County Health Department.
(b) 
The owner or occupant of the premises served by the system violates any provision of this article with respect to operation and maintenance of the system.
(c) 
The owner or occupant of the premises served by the system denies the right of entry to the Salem County Health Department 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) 
Maintenance contracts are not current and all required maintenance is not performed.
(2) 
Operation of an on-site system under a suspended license shall be subject to penalties under § 198-12 of this article.
D. 
Modified term of license. The Salem County Health Department 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 Salem County Health Department may consider the following factors in determining that a more frequent licensing renewal or pumping/inspection schedule may be necessary:
(1) 
Inadequate size of the septic tank or disposal field.
(2) 
The age of the system.
(3) 
Past history of malfunction or other noncompliance.
(4) 
Location of the existing system in a flood hazard, wetland area, wetland transition zone or CAFRA zone.
(5) 
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 initial issuance or one year from the date of the documented inspection, whichever comes first. The owner of said establishment shall have the right to apply to the Salem County Health Department for a longer license renewal period, but in no case shall the license renewal period exceed three years. In considering any such application, the Health Department may consider the establishment's demonstrated compliance history of management of the system.
A. 
Advanced technology county approval. Advanced wastewater technology, which is alternative to the standard technology allowed by N.J.A.C. 7:9A-1 et seq., may be allowed by the Salem County Health Department to repair/alter an existing, malfunctioning septic system in cases where site constraints do not allow for a repaired/altered system that is fully compliant with the requirements of N.J.A.C. 7:9A-1 et seq.
B. 
Advanced technology state approval. Advanced wastewater technology, which is alternative to the standard technology allowed by N.J.A.C. 7:9A-1 et seq., may be considered for new construction in lieu of a standard disposal system, provided the applicant can prove that a disposal system meeting the requirements of N.J.A.C. 7:9A-1 et seq. could be installed on the property. Advanced wastewater technology, which is alternative to the standard technology allowed by N.J.A.C. 7:9A-1 et seq., may be considered for the reconstruction of existing homes where the existing septic systems are substandard and in cases where site constraints do not allow for an altered system that is fully compliant with the requirements of N.J.A.C. 7:9A-1 et seq. These approvals are granted by NJDEP through a treatment works approval issued pursuant to N.J.A.C. 7:9A-3.9. Reconstruction projects shall be designed to maximize the on-site system's compliance with current regulations and shall not expand beyond the existing structure's footprint. This provision is limited to reconstruction as defined in the Rehabilitation Subcode at N.J.A.C. 5:23-6.3 and shall not include any addition, or change in use, as defined therein. All efforts shall be made to maximize available space for a system to effectively treat and dispose of sewage.
C. 
Holding tank state approval. An existing home served by a malfunctioning sewage disposal system or the reconstruction of an existing home where there is not adequate space for a fully compliant system or an advanced technology disposal system may require the installation of a holding tank. The applicant shall apply to NJDEP for approval for the use of a holding tank pursuant to N.J.A.C. 7:9A-3.12. Permitted holding tanks within the Management District will become subject to the inspection, maintenance, licensing, and deed restriction requirements of this article.
D. 
Advanced technology conditions. Each system which incorporates advanced technology shall incorporate the following conditions:
(1) 
The owner(s) of a property served by an advanced wastewater treatment system shall provide the Salem County Health Department with a copy of a notarized, recorded Septic System Deed Restriction (Appendix A)[1] within 30 days of the installation of an alternative wastewater treatment system.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
Alternative wastewater treatment technologies shall be covered by a minimum three-year initial warranty and service contract that cannot be cancelable and is fully transferable, which includes provisions for the manufacturer or its agent to inspect the system at least once every six months to ensure the system was properly installed and is functioning properly. The warranty shall also include provisions that include all costs of repairing any problems associated with the inadequate function of the disposal system. This agreement shall be submitted to the Salem County Health Department prior to the issuance of a certificate of compliance and the license to operate.
(3) 
Following the initial three-year license, warranty and service agreement, the owner/operator of any property served by an on-site wastewater treatment system which utilizes advanced wastewater treatment and/or disposal technology shall submit with the appropriate fee, on an annual basis, proof that the renewable warranty has been renewed for the proper inspection and maintenance of the advanced technology, along with all inspection and maintenance reports. Any system that does not renew its warranty and/or license to operate shall be deemed a nuisance pursuant to this article, subject to a separate violation for every day the maintenance contract is not renewed.
(4) 
The property owner shall provide notification to a purchaser of the property, prior to entering into any contract for real estate transfer, of the presence of and requirements of the advanced technology that exists on the property. This notification shall include a copy of the manufacturer's owner's manual for the technology and a copy of the requirements for the system owner listed in this article.
(5) 
Subsequent to the adoption of this article, any specific guidance documents concerning advanced wastewater treatment systems issued by NJDEP shall supersede this article and shall be followed.
E. 
General use.
(1) 
The advanced-technology on-site wastewater treatment system shall be used only for the disposal of sanitary 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, wastewater 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 disposal system any sewage system cleaner containing any restricted chemical material.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
Disposal of materials containing toxic substances into an advanced-technology on-site wastewater treatment 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 nonbiodegradable substances should not be disposed of in the advanced-technology on-site wastewater treatment 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.
(9) 
Swimming pools and additional building structures shall be set back according to the requirements of N.J.A.C. 7:9A-4.3.
(10) 
Although water-softener backwash may be disposed into the advanced-technology on-site system in accordance with N.J.A.C. 7:9A-12.1, to reduce hydraulic loading to the system and preserve the serviceability of the system, this article requires HVAC condensate and water-softener backwash to be discharged to a separate seepage pit designed in accordance with N.J.A.C. 7:9A-11 or other means as approved by the administrative authority.
F. 
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 disrupt the system.
(2) 
Grading shall be maintained in a condition that will promote runoff of rainwater away from the system and prevent ponding.
(3) 
All drainage from roofs, footing drains, ditches or swales shall be diverted away from the system.
(4) 
Vegetation shall be maintained to prevent soil erosion.
G. 
Abandoned systems.
(1) 
When it becomes necessary to abandon any part of the advanced-technology subsurface sewage disposal system, abandonment shall follow the requirements of N.J.A.C. 7:9A-12.8.
(2) 
In addition, all advanced-technology mechanical systems shall be removed and properly disposed of.
Any person aggrieved by any decision of a designee of the Board of Health made pursuant to this article 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 Salem County Health Department shall be present at the hearing. The hearing shall be conducted at a meeting held pursuant to the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A. 
Nuisances to be corrected.
(1) 
Any advanced-technology on-site wastewater treatment system or component thereof that is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 and 7:9A-3.4) or in need of maintenance shall constitute a public health nuisance and shall be repaired, modified, replaced or maintenanced pursuant to an order of the Salem County Health Department to correct the condition causing the malfunction. Alterations shall be performed in accordance with N.J.A.C. 7:9A-1 et seq. implemented by the Salem County Health Department by virtue of this article and any amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Any advanced-technology on-site wastewater treatment system which has not been operated or maintained in accordance with the provisions required by this article is hereby declared a nuisance.
(3) 
Any advanced-technology on-site wastewater treatment system which is constructed, installed, altered, operated or maintained in violation of this section, N.J.A.C. 7:9A-1 et seq., any rule or regulation promulgated pursuant to this article or any approval, permit, certificate or license issued pursuant to this article is hereby declared to be a nuisance.
(4) 
In addition to 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 on-site wastewater treatment system: inspections of system; revocation of license.
(1) 
The Salem County Health Department shall have the right to inspect any system that shows evidence of any malfunction. Such evidence may include, but not be limited to, foul odors, leakage to ground surface, or saturated soil/lush vegetation over system. Water and/or soil samples may be taken to confirm the existence of a malfunctioning system.
(2) 
The Salem County Health Department may require that any malfunctioning system be corrected by servicing, replacement or alteration of the system.
(3) 
Until any necessary replacement or alteration of a system has been accomplished, the Salem County Health Department 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 Health Department.
(4) 
No provision of this article shall be interpreted as precluding the Salem County Health Department from revoking a license issued by same for the operation of a system in the event that the Department 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Salem County Health Department, upon presentation of identification, shall have the right to enter upon property where an individual or nonindividual on-site wastewater treatment 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 Salem County Health Department as enumerated therein.
A. 
An initial license for advanced-technology on-site wastewater treatment systems approved by the local administrative authority (Salem County Health Department) shall be included as part of the permit application review and approval process in accordance with Salem County Board of Freeholders Resolution No. 2001-557.
B. 
An initial license fee of $100 shall accompany each initial application to the Salem County Health Department for system licensure for which permit review and approval was issued by the NJDEP.
C. 
Upon renewal of each license, a renewal license fee of $75 shall accompany the application for license renewal submitted to the Salem County Health Department.
D. 
In cases of discrepancies concerning function of a system, if Salem County Health Department inspection is requested/required to verify compliance with this article, an additional fee of $100 shall be due at time of license renewal.
E. 
Any fee which is submitted late shall be assessed a $5 late fee for every workday after the fee is due.
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 a fine of not less than $100 nor more than $2,000.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Each separate day and each violation of any provision or this article, any term or condition of any certificate or license or any notice or order issued by the Salem County Health Department 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 or its designee for violation of this article. The Salem County Health Department may proceed under any other remedy available by law or in equity for any violation of this article or any term or condition of any certificate or license issued by the Salem County Health Department or for any failure to comply with any notice or order issued by the Salem County Health Department under this article.
All ordinances, codes or parts of same inconsistent with any of the provisions of this article are hereby repealed to the extent of such inconsistency.
This article shall take effect 30 days after adoption and publication of a Notice of Adoption in accordance with New Jersey law.
In the event that any provision of this article or its application to any person is held invalid for any reason, such invalidity shall not affect any other provision of this article and to this end, the provisions of this article are severable.