[Adopted 5-24-2011 by Ord. No. BH1-2011 ]
Editor's Note: This ordinance also superseded former Art. II, Septic Management Program, adopted 4-26-2005 by Ord. No. BH1-2005.
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1, it is the purpose of this article to:
Regulate individual subsurface sewage disposal systems in the program areas to protect public health and welfare and the environment, and to provide for a means of educating owners/operators, as defined herein, in the characteristics of such systems and the proper procedures for altering, operating and maintaining them.
Maintain records and help prevent the future malfunction of septic systems in the program areas.
This article prescribes maintenance of new and existing individual subsurface sewage disposal systems in the program areas.
All definitions in Subchapter 2 of the Department of Environmental Protection (DEP) Standards for the 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 article, with the following additions:
- CRANBERRY LAKE PROGRAM AREA
- That section of the Township defined in the document entitled "Program Development and Implementation Report, Byram Township Septic System Management Pilot Project, Cranberry Lake, N.J.," dated August 1989, revised January 1990, prepared by the Sussex County Planning Department. That document defines the septic management district as "developed land immediately surrounding Cranberry Lake, bordered on three sides by the Allamuchy State Park and by Route 206 on the fourth." Township Tax Maps show that this definition overlooks a small area at the beginning of South Shore Road, where the management district boundary is defined neither by the park boundary nor Route 206. In this area, the small stream flowing from Johnson Lake to Dragon Brook and paralleling this section of South Shore Road will provide the boundary. The district boundary is shown on an Official Map on file with the Township Clerk.
- EDUCATIONAL PROGRAM
- An educational program administered by the Township regarding the fundamentals of individual subsurface sewage disposal systems and the proper procedures for the operation and maintenance of such systems.
- An exemption from the standard three-year pumping schedule, to a four-, five- or six-year schedule, which can be granted by the Byram Township Board of Health through the procedure defined in § 272-15E of this article.
- A one-year extension beyond the required pumping date, based on certain documents supplied by a pumper or engineer and which can be granted by the Septic Management Program Administrator (see "verification of extension" in this section).
- LAKE LACKAWANNA PROGRAM AREA
- That section of the Township consisting of developed land immediately surrounding Lake Lackawanna, bounded on the southeast by the large wooded parcel owned by Lake Lackawanna Investment Company; on the northeast by the Lackawanna Cut-off right-of-way; on the northwest, west and southwest by the undeveloped ridges above the lake; and on the south by the state-preserved parcel managed by New Jersey Natural Lands Trust. The district boundary is shown on an official map on file with the Township Clerk.
- The person or entity that owns the realty and improvements, including the septic system, or that leases the realty but owns the improvements, including the septic system, and that is liable for the obligations imposed by this article. For the purposes of this article, the "owner" is the owner of record currently identified on the Township's property record card system.
- PLOT PLAN
- A sketch drawn by the owner, or agent on behalf of the owner, showing the type (if known) and location (both the tank and the leaching area) of the individual subsurface sewage disposal system servicing the property, as well as the location and type of any on-site water supply. All plots shall be drawn to scale and list the dimensions used. Alternatively, "plot plan" means a copy of an existing survey that delineates the individual subsurface sewage disposal system.
- The Township of Byram and its authorized agents, including, but not limited to, the Byram Township Board of Health, the Sussex County Division of Health, and Township or county health officers.
- VERIFICATION OF EXTENSION
- Verification by a septic pumper or licensed engineer that the individual subsurface sewage disposal system servicing a property does not need to be pumped for one year. Written verification must be submitted on the pumper's or engineer's letterhead and include a brief explanation of why pumping should not be required. The verification must further state that it is based on a physical inspection and must be dated and signed by the pumper or engineer. The Administrator of the Septic Management Program may then extend the pump date for one year.
Septic management materials. The Township shall conduct an educational program based on New Jersey Department of Environmental Protection and Sussex County septic management publications and shall make these materials available to property owners within the Cranberry Lake and Lake Lackawanna program areas and to other residents of Byram.
Initial registration. When new septic management program areas are established, the Township will require that each homeowner submit a registration form within six months, including:
Minimum pumping requirements.
Unless a request for an extension or an application for an exemption has been granted in accordance with provisions of this article, each individual subsurface sewage disposal system in the program areas must be pumped at least every three years.
Homeowners may adopt a one- or two-year pumping schedule, or the Township may require such a schedule where there is evidence that a system is substandard or functioning poorly. In these cases, the administrative fee shall be prorated (see § A287-1, Schedule of fees established).
Where an exemption is granted, the system must be pumped at least once every six years.
The Township will issue a notice that the septic system must be pumped to each property owner at least 60 days prior to the due date, which shall be the anniversary of the most recent pumping, extension, or exemption.
The Township may exempt a system from the standard three-year pumping requirement, designating instead a four-, five-, or six-year schedule. All systems must be pumped at least every six years.
An application for an exemption must be reviewed and approved by the Board of Health, according to the procedure outlined in Subsection E(4).
The Township retains the right to have the Township's Sanitary Inspector inspect the system, with the charges to be paid by the owner.
Procedure to apply for an exemption. A property owner seeking an exemption must schedule with the Byram Township Board of Health Secretary an appearance before the Board to explain the request. The property owner must obtain an application for an exemption from the Board Secretary and submit the following facts and documents at least four weeks before the scheduled appearance before the Board:
A professional plot plan of the property, including all structures, roads and driveways, and the septic system. The parts of the septic system must be shown separately and in their accurate locations. Depending on the age of the system, these parts may include a concrete or metal tank, leach pit or field, a combination of tank and leach pit, or other arrangements. The parts must be specifically identified and their size noted (the tank measured in gallons, the field or pit measured in feet), and this information must be verified by documents signed and sealed by a professional engineer and/or by documents reviewed and approved by the Sussex County Division of Health (SCDOH) who serve as the Township's sanitary engineers. The original installation of the current septic system and any subsequent revisions/repairs must be documented in designs approved by the SCDOH and in documents from the SCDOH certifying the proper installation of said designs. If these documents are not available, the applicant may submit an "as built" drawing signed and sealed by a professional engineer (not the applicant, should the applicant be an engineer). If any parts of the system are under a driveway, road, building, or other structure, the surface covering the system must be described (for example, the surface of the driveway) and the access to the system explained. The plot plan must be to scale and must show the distances between the parts of the septic system and wells, septics and structures on adjacent properties.
Information on the size and description of the house.
Permission for the Township sanitarian to inspect the system if the Board deems this necessary.
The penalty for each separate offense is $100.
Penalties may be paid through the Violations Bureau for the penalty of $100 plus court costs, along with proof of pumping and the septic management administrative fee as stipulated in § 287-1, Schedule of fees established.
Nothing in this section shall be construed as limiting the remedies of the Township for ongoing violations of this article. The Township may proceed under any other remedy available at law or in equity for any violation of this article or any term or condition of any failure to comply with any notice or order issued by the Township under this article.