[Adopted as Sec. 19-6 of the 1976 Revised General Ordinances]
For the purpose of this article, the following definitions are hereby established:
ADMINISTRATIVE OFFICER
The officer of the Township or his authorized representative assigned to enforce this article.
APPROVED SEWER SYSTEM
A sanitary sewer system which has been designed in accordance with the rules and regulations of the State Department of Health and Senior Services, pursuant to Title 58 of the Revised Statutes of New Jersey, and intended to provide sewerage facilities for realty improvements.
REALTY IMPROVEMENT
Any residence or other building, the useful occupancy of which will require the installation or erection of sewerage facilities.
A. 
From and after September 19, 1961, no person shall locate, construct, alter, or put into use an approved sewer system, until a permit for the location, construction, or alteration of such system shall have been issued by the Department of Health. No certificate of compliance shall be issued until and unless such system complies with the standards and regulations herein stated.
B. 
Construction of sewer systems.
[Added 10-5-1983 by Ord. No. 1983-25]
(1) 
The construction of all sewer systems and sewage treatment plants shall be approved by the West Milford Municipal Utilities Authority. All sewer systems shall be constructed in accordance with the statutes of the State of New Jersey and the rules and regulations of the New Jersey Department of Environmental Protection and the West Milford Municipal Utilities Authority; provided, however, that any person constructing a sewage treatment plant shall also obtain site plan approval from the Planning Board of the Township of West Milford, and building permits from the Township of West Milford.
(2) 
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 sanitary and plumbing codes of the Township. Work in connection with house connections shall be performed by duly licensed personnel, who must satisfy the plumbing subcode official of their experience and knowledge in the installation of house connections to approved sewer systems.
The administrative officer shall administer and enforce the provisions of this article.
A. 
Applications for the permit required by this article and for certificate of compliance of the system shall be in writing and shall be made to the administrative officer on a formal application blank provided by him. They shall include such engineering data as shall be prescribed by the standards for construction, fixed by the State Department of Health and Senior Services and by this article. Such application shall set forth the following information:
(1) 
The applicant's full name and post office address.
(2) 
The full description of the property or area in the Township to be served by the sewer system.
(3) 
Name and address of the professional engineer designing the system.
(4) 
Certification of the professional engineer that the sewer system are in compliance with the standards of the State Department of Health and Senior Services and the standards of this article.
(5) 
Name and address of the licensed superintendent or operator to be in general charge of the sewer system.
(6) 
Such other information as the Department of Health may determine and require in order to show compliance with the standards herein stated.
B. 
Copies of all applications and the accompanying engineering data for certifications shall be filed with or mailed to the State Department of Health and Senior Services on the date on which application is made to the Department of Health
[Added 3-2-2022 by Ord. No. 2022-004]
Any application for a treatment works approval permit not already associated with a land use application shall also be required to create, in an amount approved by the Township Engineer, an escrow account to satisfy any costs of engineering review and approval. The applicant shall remain responsible for any costs in excess of the predetermined escrow account. Any unused escrow monies shall be returned to the applicant upon the approval of the Township Engineer and/or the Township Administrator.
A. 
The Department of Health shall issue or deny certification within 15 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 15 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.
B. 
Copies of all certifications by the Department of Health shall be mailed by the administration officer to the State Department of Health and Senior Services on the date of issue.
Any permit or certification made may be revoked by the Department; provided that such action is taken before approval is given by the State Department of Health and Senior Services; 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 Department after reconsideration may reissue the permit and recertify the system.
If any change in the physical conditions of any lands of a realty improvement, which will materially affect the operation of the sewerage facilities or system covered by any certification issued under this article, 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 and Senior Services on the date upon which it is submitted to the Department of Health.
In case any certification is denied by the Department of Health, a hearing shall be held thereon before the Department, within 15 days after request thereof is made by the applicant, and upon such hearing the Department of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
The Department 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 article, and its authorized representatives shall at all times have the right to enter upon the lands served by the sewer system or of the realty improvements for such purposes.
The Department of Health shall have the right to order all further work in and about any sewerage facilities which is being erected or installed in violation of this article, 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 article, and after the issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such sewerage 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 to a penalty as provided for in Chapter 1, Article III, General Penalty, of the Township Code.
The fees and charges pertinent to this Article II are included in Chapter 135, Fees and Costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All of the rules and regulations of the State Department of Health and Senior Services of the State of New Jersey, made effective on April 25, 1958, promulgated for employment in the administration of N.J.S.A. 58:12-1 et seq.,[1] 58:11-2, 58:11-3, 58:11-10[2] and 58:10-17,[3] and any and all supplements and amendments thereto, except as to any provisions hereinafter recited modifying the same, are hereby included and made part of this article; no approved sewer system shall be certified until and unless it conforms to such rules and regulations, and as herein modified.
A. 
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 sanitary and plumbing codes of the Township. Work in connection with house connection shall be performed by duly licensed personnel, who must satisfy the Department of Health of their experience and knowledge in the installation of house connections to approved sewer systems.
B. 
All sewage treatment plants are to be provided with primary and secondary treatment facilities.
C. 
No intermittent biological sand filter shall be employed to provide secondary treatment in any sewage treatment plant.
D. 
Sewage treatment plants shall be located as far from existing structures as practical, but not closer than the distances from the following:
(1) 
From an existing collector street: 400 feet.
(2) 
From an existing minor street: 200 feet.
(3) 
From any existing dwelling: 500 feet.
(4) 
From any other type of existing building: 300 feet.
(5) 
From property line: 250 feet.
E. 
Where intermittent sand filters are used, the distances shall be as follows:
(1) 
From an existing collector street: 600 feet.
(2) 
From an existing minor street: 200 feet.
(3) 
From any existing dwelling: 1,000 feet.
(4) 
From any other type of existing building: 300 feet.
(5) 
From property line: 300 feet.
F. 
Variances from any of the above distances may be granted upon the recommendation of the Advisory Board of Health by the Township Council, 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.
G. 
Where by ordinance consent has been given to the formation of a sewerage company, and such ordinance provides for the location of sewerage treatment plants, such company, notwithstanding the provisions herein, shall locate its sewerage treatment plants in accordance with the distances stated in such ordinances of consent.
H. 
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. The map shall bear the certification of the professional engineer designing the system.
[1]
Editor's Note: N.J.S.A. 58:12-1 et seq. was repealed by P.L. 1977, c. 74.
[2]
Editor's Note: N.J.S.A. 58:11-1 et seq. was repealed by P.L. 1977, c. 224.
[3]
Editor's Note: N.J.S.A. 58:10-17 was repealed by P.L. 1977, c. 74.
This article 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 of the Township, but shall be in addition thereto.