[HISTORY: Adopted by the Board of Health of the City of Linden 10-25-2022 by Ord. No. 2022-02. Amendments noted where applicable.]
a. 
The statutes pertaining to local Boards of Health and the general municipal police power permit the regulation of reception and/or storage of human excrement. The Board of Health of the City of Linden has determined that it is necessary to enact and enforce rules and regulations and issue permits for portable chemical toilets to promote the public health, safety, and welfare of the City of Linden.
b. 
This chapter is enacted pursuant to N.J.S.A. 26.3-1 et seq. and N.J.S.A. 40:48-2.
As used in this chapter, the following terms have the meanings indicated:
BOARD OF HEALTH
City of Linden Board of Health.
PORTABLE CHEMICAL TOILET
Portable toilet, port-a-john, port-a-potty, outside toilet, outside lavatory, outhouse, or other similar device or apparatus used for the reception and/or storage of solid and/or liquid human excrement, whether temporary or permanent in nature.
No individual, corporation, partnership, organization, or other institution commonly recognized by law as a unit shall use, furnish, construct, install, maintain, operate, provide, or permit the use, furnishing, construction, installation, maintenance, operation, or provision of a portable chemical toilet within the City of Linden unless a permit therefor is first obtained from this Board of Health. Such permit shall be posted in a conspicuous place at the location of said toilet.
a. 
Any individual, corporation, partnership, organization, or other institution commonly recognized by law as a unit must complete an application obtained from Board of Health before any permit shall be issued for a portable chemical toilet. The original application shall be filed with the Board of Health for review and determination, and a copies are to be filed with the City Clerk and with the City Construction Official.
b. 
The application for a permit for a portable chemical toilet shall contain the following information:
1. 
Name of the applicant.
2. 
Description of the applicant as either an individual, corporation, or other.
3. 
Address and phone number of the applicant.
4. 
Brief description of the basis for the request of the permit; overhead diagram of the proposed location of the portable chemical toilet, showing required setbacks; the requested time period of use; the method of delivery, maintenance, cleanup, and removal of the portable chemical toilet; and any and all parties responsible for same.
5. 
Street address of the property upon which the portable chemical toilet will be located, or if there is not a specific street address, the lot and block number as shown on a City of Linden Tax Map, or the nearest cross streets if the portable chemical toilet is to be placed on a roadway.
6. 
Any and all other appropriate information which the Board of Health may require.
Where any individual, corporation, partnership, organization, or other institution commonly recognized by law as a unit files an original permit application with the Board of Health, said application shall be accompanied by a permit fee as established by the Board of Health in Chapter BH6, Fee Schedule.
Upon receiving a completed application and required permit fee, the Board of Health shall immediately institute whatever reasonable investigation is necessary concerning the application in question. If satisfied, based upon that investigation, the local Board of Health may issue a temporary permit for the use of a portable chemical toilet only for one of the following purposes:
a. 
Public events on such as sporting events, parades, carnivals, fairs, and other similar temporary events.
b. 
Private events such as picnics, parties, and other similar temporary events.
c. 
Construction sites.
d. 
Any other purpose where good cause is shown by the application to justify the issuance of the permit.
A permit shall not exceed the following, except that a renewal of a permit may be obtained where the continued temporary use of the portable chemical toilet is shown to be necessary to the satisfaction of the Health Officer or their designee:
a. 
Seven days for a public or private temporary event.
b. 
One month for a construction site.
c. 
Seven days for any other purpose.
Use of a portable chemical toilet shall be subject to the following regulations:
a. 
Portable chemical toilets shall be located on the property indicated in the application, and shall be located at least 20 feet from any property line. If a distance of 20 feet from a property line is not achievable due to limitations of space of the area in question, the portable chemical toilet shall be located in an area as approved by the Health Officer or their designee.
b. 
Portable chemical toilets shall be locked or otherwise secured when not in use, to prevent unauthorized entry and/or use.
c. 
Portable chemical toilets shall be maintained in a clean and sanitary condition at all times.
d. 
Portable chemical toilets shall be serviced and maintained as often as is necessary to prevent it constituting a public health nuisance by causing odors, providing a food source and/or breeding grounds for insects and/or rodents, or as otherwise determined by the Health Officer or their designee in accordance with local, county, and state ordinances.
e. 
The waste matter from portable chemical toilets shall be disposed of and properly treated at a sewage treatment plant, and no waste matter from a portable chemical toilet shall be otherwise disposed of within the limits of the City of Linden.
f. 
Portable chemical toilets and the disposal of waste matter therefrom shall at all times be subject to inspection and investigation by the Health Officer or their designee, and the applicant shall at all times permit such inspection and investigation by the Health Officer or their designee.
Where any portable chemical toilet in the City of Linden found to be in violation of the provisions of this chapter, or any other ordinances of the City of Linden, the County of Union, or the State of New Jersey, in connection herewith, the permit may be revoked by the Board of Health after reasonable notice and hearing.
All of the provisions of this chapter shall apply to all portable chemical toilets within the City of Linden, including those used for local, county, state, or other public governmental agencies for the purposes of road work, emergency purposes, or as required under state law to be provided on such work site, unless a waiver of any and all provisions of this chapter are approved by the Health Officer or their designee.
a. 
Any person who violations any provision of this chapter shall be subject to the provisions of § 1-5.1 of the Code of the City of Linden.
b. 
Each day that a violation occurs shall constitute a separate and unique offense.
The Health Officer, the Construction Official, and the Chief of Police, or their designees, shall have full authority to enforce the provisions of this chapter.
All resolutions and/or ordinances or portions thereof inconsistent with this chapter are hereby repealed.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason deemed invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.