A code regulating the location, design, construction, installation, alteration, operation and maintenance of individual subsurface sewage disposal systems, known as Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A-1.1 et seq.), is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code, as amended this chapter, is made part of this chapter without specific inclusion of the text herein. The full text of the aforesaid code is available online at Chesilhurstnj.gov/health. Additionally, printed copies are available at the Chesilhurst Department of Health for the use of and examination by the public.
[HISTORY: Adopted by the Board of Health of the Borough of Chesilhurst 4-6-2023 by Ord. No. 2023-3 BOH[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 359. The chapter was renumbered to organize all Board of Health legislation to Part III of the Code.
The code established and adopted by this chapter may be further amended by the Board of Health as provided by law.
After notice to the applicant, the Board may submit data filed with it by an applicant for system, site, and/or design approval to a professional engineer, soils specialist or other duly qualified professional (as determined by the Board) when an ambiguity or discrepancy in the soil evaluation data exists, when the proposed system is highly engineered or otherwise requires a highly technical review, or when the Board's authorized agent certifies to the Board that said agent is unable to conduct a review of the data because the system proposed is beyond the scope of the agent's knowledge, expertise, or experience. The cost of the professional's review will be the responsibility of the applicant and final action upon the application shall be deferred until said fee has been paid to the Chesilhurst Board of Health.
The Standards for Individual Subsurface Sewage Disposal Systems, cited as N.J.A.C. 7:9A-1.1 et seq., are amended by the Board as follows:
A.
N.J.A.C. 7:9A-1.6 General Prohibitions is amended by the addition of subparagraph (j):
(j) | The installation or replacement of garbage grinders is prohibited. |
B.
N.J.A.C. 7:9A-2.1 Definitions is amended as follows:
As-built means a drawing (8.5 x 14 inches) to scale of a plot plan made by a licensed land surveyor, signed and sealed certifying to the location, configuration, and exact tie-down measurements of all the subsurface sewage disposal system components after the installation of such has been completed. |
Completed septic system means a properly located, constructed and installed septic system that has been connected to the source of the wastewater. |
Installer is any person who is in the business of installing or excavating individual subsurface sewage disposal systems or any parts thereof. |
Source of the wastewater shall mean a house, building, or realty improvement that generates sanitary sewage, or is capable of generating sanitary sewage. |
C.
Section 7:9A-3.5 Permit to Construct or Alter, is amended by the addition thereto of the following subparagraphs:
(a) | Permits and Approvals in General. No person shall locate, construct, or alter a subsurface sewage disposal system until a permit for the location, construction or alteration of such system shall have been issued by the Board, or its duly authorized agent. Permits shall be issued only after the appropriate approvals have been granted by the Board. Permits to construct or alter an individual sewage system shall be valid for two years from date of issuance. The Board, on recommendation of the Health Officer, may grant in writing an extension of time not to exceed one year for good cause shown. The individual sewage system shall be constructed and put into use during the time frame of the permit. Thereafter, a new permit will be required and must be issued in accordance with the provisions of this chapter. |
(b) | Permits may be issued only on the basis of tests taken within the previous 12 calendar months, except that the Board may grant in writing an extension of time not to exceed six months if in its judgment the results of the test are still valid. |
(c) | Location of all soil profile pits, soil borings and permeability tests, including all tests outside of the area of the proposed system and any abandoned test sites. |
(d) | Approval of System Design - Prior to the Health Department's design review the applicant shall submit a site specific detailed engineering design, a completed application form, and checklists which will be provided by the Board, the required fee for design review and permit issuance, together with any other information deemed necessary by the Board's authorized agent to aid in the Board's design review. Following review, the Health Department shall approve, approve with modifications, or reject the application. The authorized agent shall forthwith either issue or deny the permit. |
(e) | Conditions on Approvals - The Board, in its discretion, may attach reasonable conditions to any approval granted, to insure that the purposes of this ordinance are achieved. Fulfillment of the conditions attached to the approval shall be a condition precedent to subsequent Board approvals and/or permit issuance. |
(f) | Validity of Approvals - Approvals granted subsequent to the effective date of this Amendment, shall remain valid until the State Code changes as to render the approval invalid or to require that the septic system be altered in such a way as to make it in compliance with the current State code. |
D.
N.J.A.C. 7:9A-3.6 (Witnessing of Soil Evaluation and Testing) is amended with the following addition:
(c) | In the event of a waiver of the requirement for witnessing of soil evaluation or testing procedures which are identified in (a) above, the Board will direct a Health Department employee with at least three years of experience in such observation under the supervision of a Registered Environmental Health Specialist or licensed Health Officer, and successful completion of approved continuing education courses in septic/soil science, to observe soil evaluations and testing procedures. These observations shall be noted in writing and reported to the Board's Registered Environmental Health Specialist and/or Health Officer. |
E.
N.J.A.C. 7:9A-3.13 (Certificate of Compliance) subparagraph is amended to read as follows:
(a.1) | The Board may issue a certificate of compliance if a licensed professional engineer submits to the Board, a statement in writing, signed and sealed by him or her that the said system has been located, constructed, installed or altered in compliance with the requirements of these standards and the approved engineering design. Prior to the issuance of a certificate of compliance, the Board shall require that the septic system design engineer submit to the Board a signed statement in writing or on forms provided by the Board that the completed septic system has been located, constructed and installed or altered in compliance with these standards and the approved engineering design, together with two as-built plans (see definitions) (as-built plans shall be 8.5 x 14 inches in size). For septic systems that have been altered, the design engineer shall submit two copies each of the select-fill percolation tests, select-fill textural analysis, select-fill tube permeameter tests, as-built plans and the Engineer's Certificate of Compliance form within 30 days of completion of the alteration. |
(d) | A person shall not commence operation or use of an individual subsurface sewage disposal system until a certificate has been issued by the administrative authority or its authorized agent indicating that said system has been located, constructed, installed or altered in compliance with this chapter. The certificate of compliance will not be issued until such time as the licensed professional engineer who prepared the system design has submitted a Septic Construction Documentation Form and an as-built plan which shows a surveyed location for the final installation. An as-built plan for existing buildings must be submitted within 10 days of completion of construction of the septic system. The issuance of a certificate of compliance shall constitute only certification that the individual subsurface sewage disposal system has been constructed, located, installed or altered in conformance with this chapter. It shall not be construed as a guarantee that the system will function satisfactorily, not shall it in any way restrict the powers or responsibilities of the Board or the Department in the enforcement of any law or ordinance relating to public health and safety or environmental protection. |
F.
N.J.A.C. 7:9A-3.14 (License to Operate) subparagraph (a) is amended to read as follows:
(a) | The Board or its authorized agent shall issue a license to operate and a copy of the operation and maintenance manual issued by the New Jersey Department of Health to the applicant and/or the owner at the time that a certificate of compliance is issued. |
G.
N.J.A.C. 7:9A-3.16 (Prior Tests) subparagraph (a) is amended to read as follows:
(a) | All field site evaluation test results and data, including but not limited to percolation test results, soil log test results, pit bail test results, basin flood test results and other tests required by the Board may be used as design criteria for subsurface sewage disposal systems, if such tests were conducted within the 12 months immediately preceding the date of submission of the application for site approval for a subsurface sewage disposal system. Site evaluation tests conducted more than 12 months before the date of application for site approval may be used as design criteria for subsurface sewage disposal systems, if there have been no subsequent changes in this Code with respect to the testing procedures or data in question between the date the field work was conducted and the date the application for site approval was submitted or if there has been no significant land disturbance where the subsurface sewage disposal system is to be located. |
H.
N.J.A.C. 7:9A-3.20 (Hearing Procedures) is amended to read as follows:
(a) | In case any permit, certification or determination required by this chapter is denied, a hearing shall be held concerning such denial before the Board within 30 days after the receipt of a written request has been made by the applicant or aggrieved party. The applicant or aggrieved party shall have 15 days from the date of the denial to request such a hearing. Upon such hearing the Board shall affirm, alter or rescind the determination from which the appeal is taken. The Board shall state, on the record, the reasons for any action taken at such hearing. The Board's decision shall be rendered within 15 days after the conclusion of the hearing. In the event that the Board determines to alter or rescind the previous determination, action pursuant to such Board determination shall be taken within 30 days after the date of such hearing. The times set forth herein may be extended or otherwise altered by mutual consent of the applicant or aggrieved party and the Board. |
I.
N.J.A.C. 7:9A-4.2 (Location Generally) is amended by the addition thereto of the following subparagraph:
(c) | On those sites where observed limiting zones dictate that a mounded disposal field or a mounded soil replacement disposal field must be utilized, it shall be the responsibility of the engineer to test thoroughly all areas of the proposed site so that the Board can be reasonably satisfied that the contemplated design submitted for approval utilizes a disposal field which has the lowest possible profile above existing grade that is consistent with the Board's goal of achieving the best system possible for the protection of the public's health, safety, and welfare given the observed limitations at the site. |
J.
N.J.A.C. 7:9A-6.1 (General Provisions for Permeability Testing) is amended by the addition thereto of the following subparagraph:
(a) | When the select fill has been emplaced and compacted in the disposal field, the engineer shall perform a permeability test in the top 14 inches of the emplaced and compacted fill. This test shall be observed by an authorized representative of the Health Department. The type of permeability test performed shall be determined by the engineer. |
K.
N.J.A.C. 7:9A-7.2 Construction is amended by the addition thereto of the following subparagraphs:
(c) | No person shall perform the services of an installer unless he shall have registered as an installer with the Board. Application for registration shall be on forms prescribed by the Board. If at any time after a person has registered as an installer with the Board, the information previously supplied to the Board in connection with obtaining that registration shall have changed, the installer shall within five business days notify the Board of the change and provide it with the correct information. | |
(d) | A septic installer's registration shall be revoked by the Health Officer for failure of the installer to comply with the provisions of this chapter. An installer will be notified of the specific actions or items that are in noncompliance within 14 working days of the violation. The installer will be given the opportunity to address or answer the specific charges at an informal hearing with the Health Officer. Upon determining that the charges are valid and supported by evidence, the Health Officer may revoke, suspend, write a summons, place on probation, or take any action that is permitted by State law and Chesilhurst ordinances. The following items set forth below constitute the terms and conditions upon which an installer's registration will be reinstated: | |
1. | Prior to reinstatement, a detailed plan of the installer's installation procedures shall be submitted to the Health Officer for review and approval. Upon approval of the plan and execution of a written agreement between the Health Officer on behalf of the Board of Health and the installer certifying compliance with the requirement of this chapter and including additional provisions consistent with the requirements set forth in this section, a temporary one year registration as a septic installer shall be issued. | |
2. | The installer will be required to provide a certificate of insurance for a period of one year from the date of agreement between the installer and the Board or Health Officer. This certificate must name the Board as an additionally insured entity in the event of any claim for damages or defects to the septic systems installed or repaired by the installer. The insurance coverage shall be subject to review and approval by the Board attorney. The cost of said review of the insurance coverage will be the responsibility of the installer. | |
3. | All subcontractors that an installer may use must be registered with the Board. | |
4. | If there are any Code violations observed, reported to the Board and verified, during the one year period mentioned above, the installer may be permanently removed from the list and prohibited from performing septic work in Chesilhurst. | |
5. | If the Board or Health Officer determines that there has been violation(s) by the installer on lots or properties predating the start of the one year period, any such violation(s) must be commenced within 20 days and fully corrected within 60 calendar days after the date of written notification from the Health Department. Noncompliance may lead to permanent revocation. In the event violations are determined as described in paragraphs 3 and 4 above and/or in this paragraph 5, and before any action is taken by the Health Officer, the installer will have 15 days from the date of the notification to present to the Health Officer evidence or information to refute the violation(s). The Health Officer will confirm, modify or reverse the determination of violation(s) within 10 business days after receipt of the evidence or information from the installer. It is the duty of the Health Department to safeguard the public from practices by septic installers which may not be in the interest of the public health, safety and welfare. The quality of all septic installations and repairs must be consistent with State and local codes. | |
3.3 | Individual Onsite Septic Disposal System Fees | |
(a) | Septic System Application (New System) | $775.00 |
(b) | Soil Evaluation Witnessing (New or Altered) | $150.00 per hour |
(c) | Soil Evaluation Witnessing for a Septic Repair | $75.00 per hour |
(d) | Septic Repair Permit (minor repairs and replacement in kind) | $100.00 |
(e) | Septic Repair Permit (Tank and Disposal Field) | $200.00 |
(f) | Septic Plan Alteration | $600.00 |
(g) | Septic Plan Review (Repair) | $75.00 |
(h) | Septic Plan Revision | $350.00 |
(i) | Septic Abandonment Permit (not for systems that are being connected to a sanitary sewer) | $75.00 |
4. | Section 4. Wells | |
The fees for wells are follows: | ||
(a) | Well Permits (New Potable or Irrigation) | $150.00 |
(b) | Well Permit (Repair) | $75.00 |
(a) | Well Abandonment | $75.00 |