[Adopted 2-9-1999 by Ord. No. BH1-1999]
This article shall be known as the "Individual
Subsurface Sewage Disposal Systems Maintenance Ordinance of Byram
Township, Lake Mohawk Septic Management District."
The purpose and intent of this article is to
establish a management program for the pumping of the individual subsurface
sewage disposal systems in Byram Township, Lake Mohawk Septic Management
District, the metes and bounds of which are recorded in the office
of the Clerk of Sussex County in Book 372, Pages 24 and c. This article
requires existing, new and proposed individual subsurface sewage disposal
systems to be pumped out at least once every three years in order
to minimize future malfunctions of such systems.
All definitions in Subchapter 2 of the DEP standards
for the construction of individual subsurface sewage disposal system,
N.J.A.C. 7:9A-1.1 et seq., and all amendments, are hereby incorporated
into this article with the following additions:
A notice issued by the Township to an owner/operator that
the permit to operate the individual subsurface sewage disposal system
will expire on a given date and that proof is required to be furnished
to the Township that either pumpout has occurred within the effective
period of the permit or that the homeowner has voluntarily had the
individual subsurface sewage disposal system inspected by a licensed
professional who certified that pumping is not required before the
permit may be renewed.
A permit issued pursuant to this article and the DEP regulations
for the operation of an individual subsurface sewage disposal system.
The person, corporation or partnership who owns or leases
the realty on which the individual subsurface sewage disposal system
is located and this entity is a property owner within the Lake Mohawk
Country Club. The owner of the dwelling is liable for the obligations
imposed by this article.
A sketch drawn by the homeowner or agent on the homeowner's
behalf, showing the type (if known) and location of the individual
subsurface sewage disposal system servicing the property, as well
as the location and type of any on-site water supply servicing the
property. All plots should be drawn to scale listing the dimensions
used. Alternatively, "plot plan" means a copy of an existing survey
which delineates the system.
An individual subsurface sewage disposal system, as defined
by law, including all of the component parts of the system.
Byram Township and its authorized agents, including, but
not limited to, the Township Board of Health and Health Officer.
A.
Requirement for permit. On and after November 1, 1998,
no owner or occupant of a property in the Lake Mohawk Septic Management
District upon which an individual subsurface sewage disposal system
is located shall use or operate the system unless a currently valid
permit to operate the system has been issued by the Township in accordance
with the provision of this article.
B.
Application. Every application for a permit to operate
a system and every renewal of such a permit shall be made on a form
provided by the Township. The date for the initial application for
permit will be provided to each affected property owner.
(1)
Every application for an initial permit shall be accompanied
by documentation establishing that the entire contents of the septic
tank for the system (both liquids and solids) have been pumped and
removed by a solid waste hauler registered with the New Jersey State
DEP. A permit will be issued which will expire three years from the
date of the documented pumpout or from the approval date of a new
septic system installation.
(2)
Every application for an initial permit shall be accompanied
by a plot plan.
C.
Initial permit. The initial permit, issued by the
Township in accordance with this article, shall include a copy of
this article and a copy of the DEP's Operation and Maintenance Manual
for each owner/operator within the Lake Mohawk Septic Management District.
(1)
The initial operator's permit shall expire three years
after issuance or three years from the date of the documented pumpout,
whichever comes first. The Township shall notify the owner/operator
that the permit is about to expire and direct the owner/operator to
apply for renewal.
D.
Renewal. The Township shall not renew the permit unless
the owner/operator has submitted to the Township proof that the system
has been pumped out or proof that a waiver has been granted by the
Township.
E.
Waiver. A waiver shall be granted upon submission
of certification by a licensed professional certifying that pumping
is not required. Such certification will be renewed annually until
pumping is required and performed, at which time the three-year permitting
period recommences.
F.
Automatic transfer of permit. In the event of a change
in the ownership of a property to which a permit to operate a system
has been issued, the permit shall be considered transferred to the
new owner.
A.
Any persons who shall willfully violate any provision
of this article or any person who shall use or operate a system within
the Lake Mohawk Septic Management District without a currently valid
operator's permit to operate such system or any person who shall violate
any part of this article shall be subject to a fine not exceeding
$100 for each violation and an additional penalty of $25 a day for
each particular violation that continues after notice of the violation
issued by the Township.
B.
Nothing in this article shall be construed as limiting
the remedies of the Township for violations of this article. The Township
may proceed under any other remedy available at law or equity for
any violation of this article or any term or condition of any permit
issued by the Township or for any failure to comply with any notice
or order issued by the Township pursuant to this article.
