A code regulating the location, construction,
use, maintenance and method of emptying or cleaning individual sewage
disposal systems and the issuance of permits to locate, construct,
empty or clean the systems and fixing penalties for the violation
thereof, being N.J.A.C. 7:9A-1.1 et seq., is hereby adopted pursuant
to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed to this
chapter and made a part of it without inclusion of the text.
The code established and adopted by this chapter
is described and commonly known as the "Individual Sewage Disposal
System Code of New Jersey, N.J.A.C. 7:9A (1990)," as promulgated by
the New Jersey Department of Environmental Protection, together with
the amendments and supplements to.
three copies of the Individual Sewage Disposal
System Code of New Jersey (1990) have been placed on file in the offices
of the Secretary of the Board of Health and the Township Clerk for
the use and examination of the public.
In the event that a license or permit or certification
required by this chapter is denied by the Board of Health, a hearing
shall be held thereon before the Board within 15 days after request
is made by the applicant, and upon hearing, the Board of Health shall
affirm, alter or rescind its previous determination and take action
accordingly within 15 days after the 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 code to be stopped forthwith,
except such work as shall be necessary to remedy the violation and,
thereafter, the work continued without any violation of any of the
provisions of the code. After issuance of such order and the service
of a copy upon the person connected with or working in and about the
erection or installation of the disposal system or any part thereof,
no further work shall be done except as aforesaid.
All definitions given in Subchapter 2 of the
Department of Environmental Protection Standards for Construction
of Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1.1
et seq. and any amendments thereto (DEP regulations), are hereby incorporated
into this chapter, with the following additions:
BOARD OF HEALTH
The Board of Health of the Township of Sandyston and its
authorized agents, including the Sussex County Health Department or
other such staff as provided by Sussex County.
COMPLETED ALTERATION/PUMPOUT REPORT
A report submitted to the Board of Health by an owner/operator
indicating that the required pumpout or alteration of the individual
subsurface sewage disposal system has been completed in accordance
with the notice of pumping, alteration or repair.
COMPLETED INSPECTION CERTIFICATE
A certificate submitted to the Board of Health by any owner/operator indicating that the required inspection of the septic tank has been completed in accordance with §
126-12 of this chapter.
EDUCATIONAL PROGRAM
An educational program prepared and administered by the Board
of Health regarding the fundamentals of individual subsurface sewage
disposal systems and the proper procedures for the operation and maintenance
of such systems.
NOTICE OF PUMPING, ALTERATION OR REPAIR
A notice issued by the Board of Health to an owner/operator
that the individual subsurface sewage disposal system requires pumping
out or other repairs or maintenance before an operator's license may
be renewed.
OPERATOR'S LICENSE
A license issued to an applicant pursuant to this chapter
and the DEP regulations for the operation of an individual subsurface
sewage disposal system.
OWNER/OPERATOR
The person who owns the realty on which an individual subsurface
sewage disposal system is located and/or the person who uses or operates
said system. The owner of the realty and the operator of the system,
if different, are jointly and severally liable for the obligations
imposed by this chapter regarding operation and maintenance of such
systems.
SEPTIC SYSTEM INSPECTOR
A licensed health officer, licensed professional engineer,
first-grade licensed sanitarian, solid waste haulers registered with
the New Jersey Department of Environmental Protection in accordance
with N.J.A.C. 7:26-3 or other person acceptable to the Board of Health.
No person shall construct, install, alter or
operate an individual subsurface sewage disposal system unless such
construction, installation, alteration or operation is in accordance
with the DEP regulations, this chapter and any regulations promulgated
hereunder by the Board of Health.
If a certificate of compliance is denied by
the Board of Health, the applicant may request a hearing before the
Board. The Board of Health shall hold a hearing within 15 days of
such request in accordance with N.J.S.A. 58:11-31. Upon such 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.
If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect any other provision of this chapter.