[Adopted 7-2-1986 by Ord. No. 1986-18]
As used in this article, the following terms
shall have the meanings indicated:
Any individual sewage treatment system which contains or
incorporates, as part of the treatment process, a manner of introducing
air and/or oxygen into the sewage or treating the sewage held in such
systems so as to provide for and facilitate the biochemical stabilization
of the sewage prior to its discharge to any substantial absorption
area.
Any septic system design that includes in its construction
a holding tank or a metal vault having only a vent pipe and an opening
for the purpose of emptying same. This may be a holding tank, a septic
tank and holding tank in series; a septic tank, disposal field and
holding tank in series, or other designs approved by the Department
of Health.
Any person, individual, copartnership, corporation, or other
type of business association or entity who shall either own, reside
upon, lease or operate any premises upon which is located any active
waste treatment system.
Upon application to the Department of Health
for the approval of a septic system, the Department of Health shall
determine whether the system proposed is an active waste treatment
system or a closed sewage system. The applicant shall provide detailed
drawings, specifications and any other materials requested by the
Department of Health relevant to the system to be constructed.
A.
Approvals and permits. In the event a septic system
is classified as an active waste treatment system, no approval of
or permit shall issue for the construction, alteration, modification,
installation or utilization of any such system unless the owner of
said premises shall present evidence of a service and inspection contract
or policy in a form acceptable to the Department.
B.
Inspection, service and maintenance contracts. Where
the Department of Health requires a service, inspection or maintenance
contract in accord with the regulations set forth herein, said contracts
or policies shall run from January through December 31 of each year
with the exception of the year of construction when the contract shall
run from the date of the issuance of a certificate of occupancy through
December 31 of that year. Copies of new or renewal contracts or policies
shall be filed with the Department of Health by the owner prior to
the issuance of a certificate of occupancy and prior to December 15
of each year. Policies may extend for a time period longer than one
year; however, in such event the policies shall expire on December
31 of the last year provided therein.
C.
Periodic inspections. All policies or contracts provided
to the Department of Health in accord with the requirements set forth
herein shall require that the active sewage treatment systems be inspected
not less than every three months and that copies of the results of
said inspections be filed with the Department by the inspecting company
or the owner within 10 days from the date of said inspection. The
Department reserves the right to inquire into the qualifications of
any issuer of said service and inspection contracts or policies and
the Department may, where it feels the issuing individual is not qualified,
reject said policies and contracts.
D.
Prior existing systems. Upon the passage of this article,
the Department of Health shall provide notice by certified mail to
the owners of any presently existing active sewage treatment systems.
Said notice shall contain a copy of this article and shall advise
the owners notified that their system has been classified as an active
sewage treatment system and that they will be compelled to comply
with all of the requirements of this article. Within 90 days from
the receipt of said notification, the owners of all said active sewage
treatment systems shall provide to the Department of Health copies
of contracts or policies for the servicing and inspection of said
systems.
E.
Appeals. Any owner or applicant who feels his system
should not be classified as an active sewage treatment system or who
for any other reason feels that he cannot comply with the requirements
set forth herein may apply to the Department of Health for an exception
or a modification to the requirements set forth herein. Said application
shall contain a detailed explanation of the reasons or causes for
such application and shall be supported by any and all plans, specifications
or other documents required by the Department of Health. Upon receipt
of any such application, the Department of Health shall proceed as
follows:
(1)
The Department shall review and examine and inquire
into the facts set forth in the application.
(2)
The Department shall inquire into the adequacy and
sufficiency of any proposed service and inspection of the unit in
question.
(3)
The Department shall, within 45 days of the filing
of said application, order and direct the owner or applicant to service
and inspect the subject system in a manner and in accordance with
its considered judgment. Such determination shall be deemed final.
A.
Approvals and permits. In the event a septic system
is classified as a closed sewage system, a permit may be issued for
the installation of such a system by the Department of Health only
where soil tests indicate that septic systems will not function properly,
where no other method of handling sewage is presently available, when
the Department of Health is satisfied that such relief can be granted
without danger to the health and welfare of the residents of the Township
of West Milford and when the following conditions are met.
B.
Design standards.
(1)
The proposed system shall be designed by a licensed
engineer pursuant to standards promulgated by the State Department
of Environmental Protection and the Township of West Milford Advisory
Board of Health and shall include, among other things, a large enough
sealed tank to provide a safety margin so that the tank will not become
completely full prior to emptying. The capacity of the tanks shall
be at least 14 days.
(2)
The system shall also include, among other things,
a two-stage float control alarm system, a gauge to indicate the amount
of effluent in the tank and a device which is accessible to the Health
Department, or its agents, for shutting off the water supply pump.
(3)
The design, layout and specification of the tank and
of the entire system must be approved by the Health Office before
construction begins and again when completed.
C.
Estoppel certificate. An estoppel certificate shall
be executed by the property owner and duly recorded with the Register
of Deeds, County of Passaic, which certificate shall stipulate the
existence of a sealed septic system. The property owner shall pay
for the cost of preparing of the said certificate.
D.
Inspection, service and maintenance contracts.
(1)
Pursuant to the issuance of a permit the property
owner shall enter into a written contract with a licensed scavenger
service for the periodic pumping of the said system, and said contract
shall run from January 1 through December 31 of each year with the
exception of the year of construction when the contract shall run
from the date of issuance of a certificate of occupancy through December
31 of that year. Copies of new or renewal contracts or policies shall
be filed with the Department of Health by the owner prior to the issuance
of a certificate of occupancy and prior to December 15 of each year.
Policies may extend for a time period longer than one year; however,
in such event the policies shall expire on December 31 of the last
year provided thereon. The scavenger service shall also submit to
the Department of Health proof of its capacity to lawfully dispose
of the materials pumped from said system, including a signed copy
of its contract with the final disposition site owner.
(2)
The owner of the system shall keep a record of the
dates of the pumping of the system and the volume of water removed
therefrom. These records shall be available to the Department of Health
or its agents or personnel upon request.
E.
Emptying of tanks.
(1)
The tank or tanks of a closed sewage system shall
be emptied immediately when full, and no tank shall be permitted to
run over or leak. Tanks may only be emptied by persons holding a license
to engage in such business.
(2)
In the event of an overflow, leak or malfunction,
owner shall immediately correct or pump the system as needed. Upon
the failure of the owner to immediately correct the situation, the
Department of Health may require that the premises be vacated without
redress by the owner.
(3)
Upon the failure of the owner to properly pump and
maintain the said system, the Department of Health may cause such
pumping or maintenance through the direction of the Health Officer.
The Department of Health shall certify the cost thereof to the Tax
Assessor, who shall charge the cost against the said lands, which
amount shall become a lien on the said lands, and be assessed, collected
and enforced in the same manner as taxes.
F.
Connection to sewer system. The owner shall connect
to a sewer system in the event of its availability within 60 days
of receipt from the Department of Health of a demand to so connect,
and the closed septic system shall be abandoned.
G.
Shallow wells. All shallow wells within 100 feet of
holding tanks shall be replaced with drilled wells. The said drilled
wells shall be approved by the appropriate authorities and in operation
before commencement of the use of a sealed septic.
H.
Remedies. In addition to the remedies provided herein,
the Township may avail itself of any lawful remedy available to it.
Any person who shall violate any provisions of or order promulgated under this article or code established herein shall, upon conviction thereof, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code. Each day that a particular violation continues shall constitute a distinct and separate offense.
