[Amended 9-8-2008 by Ord. No. 8-01]
As used in this article, the following terms
shall have the meanings indicated:
ACTIVE SEWAGE OR WASTE TREATMENT SYSTEM
Any individual sewage treatment system which contains or
incorporates, as part of the treatment process, a mechanical or electrical
process designed to introduce air into the sewage, or treat the sewage
in some manner so as to provide for and facilitate the biochemical
stabilization of the sewage prior to its discharge into the soil.
OWNER
Any person, individual, co-partnership, corporation, or other
type of business association or entity who or which shall own, reside
upon, lease, or operate any premises upon which is located any active
waste treatment system.
Upon application to the Board of Health for
the approval of a septic system, the Board shall determine whether
the system proposed is an active waste treatment system. The applicant
shall provide detailed drawings, specifications and any other materials
requested by the Board relevant to the system to be constructed.
[Amended 9-8-2008 by Ord. No. 8-01]
In the event a septic system is classified as
an active waste treatment system, no approval or permit shall be issued
for the construction, alteration, modification, installation or utilization
of any such system unless the owner of the premises shall present
evidence of a service and inspection contract or policy in a form
acceptable to the Board. An active sewage treatment system as designed
must be maintained to operate in working order.
Where the Board requires a service, inspection
or maintenance contract in accord with the regulations set forth herein,
the contracts or policies shall run from January 1 through December
31 annually, 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 Board 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 that event the policies shall expire
on December 31 of the last year provided therein.
[Amended 3-5-2012 by Ord. No. 12-01; 9-9-2019 by BOH Ord. No. 19-01]
All policies or contracts provided to the Board 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 or as otherwise recommended by the manufacturer. Copies of
the results of the inspections must be filed with the Board by the
inspecting company by the last day of each inspection period. The
Board reserves the right to inquire into the qualifications of any
issuer of the service and inspection contracts or policies and the
Board may, where it feels the issuing individual is not qualified,
reject the policies or contracts.
[Amended 3-5-2012 by Ord. No. 12-01; 9-9-2019 by BOH Ord. No. 19-01]
The Board of Health shall provide notice by certified mail to
the owners of any presently existing active sewage treatment systems.
The notice shall contain a copy of this article and shall advise the
owners 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 10 days from the receipt of the notification,
the owners of all active sewage treatment systems shall provide to
the Board of Health copies of contracts or policies for the servicing
and inspection of the systems.
Any owner or applicant who feels his/her system
should not be classified as an active sewage treatment system or who
for any other reason feels that he/she cannot comply with the requirements
set forth herein may apply to the Board of Health for an exception
or a modification to the requirements set forth herein. The application
shall contain a detailed explanation of the reasons or causes for
the application and shall be supported by any and all plans, specifications
or other documents required by the Board of Health. Upon receipt of
any such application, the Board shall proceed as follows:
A. The Board shall review and examine and inquire into
the facts set forth in the application.
B. The Board shall inquire into the adequacy and sufficiency
of any proposed service and inspection of the unit in question.
C. The owner or applicant may request a hearing before
a regular or special public meeting of the Board and may produce such
evidence and/or witnesses as he/she may deem appropriate or as may
be requested by the Board.
D. The Board shall, within 45 days of the filing of the
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.
[Amended 9-8-2008 by Ord. No. 8-01]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be subject to, in addition
to any penalties imposed under the State Health Code, pay a penalty
not to exceed $500 nor less than $5 for each offense as provided in
N.J.S.A. 26:3-70. A term of 90 days in jail may be imposed at the
discretion of the Court as provided in N.J.S.A. 26:3-77. Except as
otherwise provided, each and every day in which a violation of any
of the provisions of this chapter exists shall constitute a separate
violation.