[HISTORY: Adopted by the Board of Health of the Borough of Madison 6-21-1988 by Ord. No. BH-2-88. Amendments noted where applicable.]
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems, the issuance of permits to locate, construct, empty or clean the systems and fixing penalties for the violation thereof 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 herein.
The code established and adopted by this chapter is described and commonly known as "Standards for Construction of Individual Subsurface Sewage Disposal Systems (1978)."
Three copies of the code hereby adopted have been placed on file in the offices of the Secretary of the Board of Health and the Borough Clerk for the use and examination of the public.
Permit required. No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of the sewage disposal system is issued by the Board of Health.
Issuance of permit. The Board of Health may issue a permit if an application is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the individual sewage disposal system as proposed is in compliance with the code.
Certificate required. New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a system for sewage disposal, until the Board of Health has issued a certificate indicating that the disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.
Issuance of certificate. The Board of Health may issue such certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him to the Board of Health that the disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the code.
License required. No person shall engage in the business of installing individual or any other type of sewage disposal systems in the borough, unless he has demonstrated a thorough knowledge of the law applicable to installation of individual sewage disposal systems.
Examination. The Board of Health or its authorized agent shall conduct examinations designed to test the knowledge and ability of an applicant for a license as a certified builder and installer of individual sewage disposal systems in accordance with the code. Examinations shall be held at least once yearly. No person shall be admitted to the examination for a license as a certified individual sewage disposal system installer unless he has met the requirements as set forth on the application and has shown proof of being at least 21 years of age, and has had at least two years' experience in the business of installing individual sewage disposal systems or the equivalent thereof.
Issuance of license. The Board of Health shall issue an appropriate license to each applicant who has successfully passed the examination for a license to build and install individual sewage disposal systems in the borough, and such license shall not be transferrable. Licenses held in other municipalities shall not be accepted in lieu of taking the examination.
Renewal of license. All licenses to build and install individual sewage disposal systems in the borough shall expire on December 31 of each year and shall be renewed for the ensuing year prior to any work being done during that year.
Revocation of license. The license held by a certified installer of individual sewage disposal systems in the borough may be suspended or revoked by the Board of Health or by the Board's authorized agent if the holder of such license is shown to be incompetent in his work or if it is proven that the license was obtained through fraudulent means or misrepresentation.
License fee. A fee of $50 shall be paid annually by each certified installer of individual sewage disposal systems for a license to operate in the borough.
If any license, permit or certificate 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. Upon such hearing, the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days thereafter.
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, and 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.
The following fees and charges shall be established:
For the filing of an application and plans for a permit to locate and construct an individual sewage disposal system: $50. The application shall be valid for one year from the date of filing but may be renewed upon payment of an annual renewal fee of $15.
For the filing of an application and plans for a permit to alter an existing individual sewage disposal system: $25. The application shall be valid for one year from the date of filing but may be renewed upon the payment of an annual fee of $15.
For the issuance of a license or permit to locate and construct an individual sewage disposal system: $50. The permit shall be valid for one year from the date of issuance but may be renewed upon the payment of an annual fee of $15.
For the issuance of a license or permit to alter an individual sewage disposal system: $25. The permit shall be valid for one year from the date of issuance but may be renewed upon the payment of an annual fee of $15.
For each reinspection of an individual sewage disposal system, or part thereof, caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid code: $50.
For the observation of a test of soil characteristics, by a representative of the Board of Health, by appointment, for purposes of meeting the requirements of an application for subdivision approval, or for the purpose of filing an application for an individual sewage system permit: the sum of $100 for each test so observed up to three hours, and $40 per hour, or part thereof, in excess of three hours. Said application for the observation of the test shall be on file at the Board of Health office, prior to the request for the viewing of the percolation test.
For miscellaneous inspections by a Board of Health representative: $20 per 1/2 hour or part thereof.
The following specified regulations which are in addition to or different from those in the Standards for Construction of Individual Subsurface Disposal Systems (1978) shall govern in the Borough of Madison and shall supersede anything to the contrary contained therein:
No individual sewage disposal system shall be installed upon a property served by a sanitary sewer system. A property shall be deemed to be served by a sanitary sewer system whenever a sanitary sewer system is available within 100 feet of a property line or whenever a building upon the property can be directly connected by a house connection to an existing sewer main of such system without the need for any extension of the sewer main, provided that there is available capacity in the system.
No component of an individual sewage disposal system may be located within 100 feet of a potable water well cased or uncased.
Separate disposal facilities for different wastes. Every single-family dwelling hereafter constructed in the Borough of Madison shall be served by separate disposal facilities as follows:
There shall be an individual sewage disposal system meeting all of the requirements established therefor, including the higher standards established by this chapter. This system shall receive all wastes from bathroom and lavatory toilets, water closets, basins, bathtubs, showers and other bathroom and lavatory fixtures.
There shall also be a waste disposal system meeting all of the requirements for an individual sewage disposal system; provided, however, that the septic tank and disposal area need only meet the requirements for a two-bedroom dwelling. This system shall receive all wastes from sinks, tubs and showers other than those located in bathrooms and lavatories and also all wastes from laundry tubs, washing machines, dishwashers and any other source of water-carried wastes not originating in bathrooms or lavatories.
There shall be no cross-connections between the aforementioned separate disposal facilities, and each of the facilities shall be connected to its own septic tank by a separate building sewer.
No part of the disposal areas of the aforementioned separate disposal facilities shall be closer to each other than 10 feet at any point.
Disposal area expansion or replacement. An area equivalent to 100% of the disposal area plus allowance for a ten-foot buffer between the systems, shall be reserved for future expansion or replacement of the system. Percolation must be achieved in this reserve area. Furthermore, this area shall meet all the requirements applicable to the initial installation and shall be shown on the plan and marked "Reserved for Disposal Area Expansion." No permanent improvements shall be installed within or adjacent to this reserved area which will adversely affect its future use as a disposal area.
Percolation tests and subsoil and groundwater determinations.
Percolation tests shall not be conducted in previously disturbed or filled ground, in fissured soil or in wet soil formation.
At least one soil log and percolation test shall be made for each proposed disposal area.
Information regarding the type, nature and depth of the soils found and the depth to groundwater shall be furnished to the sanitarian for submission to the Board of Health.
No test for the determination of soil characteristics shall be reported unless the entire test was conducted in the presence of the sanitarian of the Board of Health of the Borough of Madison. Every owner or developer shall give the sanitarian notice of intention to conduct tests to determine soil characteristics, and the owner or developer and the sanitarian shall arrange a mutually convenient time for the conduct of the tests.