[Adopted 9-18-2007 by Ord. No. 14-2007]
The New Jersey Department of Environmental Protection
has promulgated certain regulations at N.J.A.C. 7:9A, known as the
"Standards for Individual Subsurface Sewage Disposal Systems," which
establish standards for the location, construction and maintenance
of septic systems, which is hereby adopted in its entirety and shall
be controlling unless higher standards are prescribed herein by the
municipality.
All definitions given in Subchapter 2 (N.J.A.C.
7:9A-2.1) of the New Jersey Department of Environmental Protection
(NJDEP) Standards for the Construction of Individual Onsite waste
treatment systems, N.J.A.C., 7:9A-1.1 et seq., and any amendments
thereto ("NJDEP Regulations") are hereby incorporated into this article,
with the following additions:
Any component or system, which is a part of an individual
subsurface sewage disposal system, that is employed to reduce the
levels of pollution or convey pollutants to the subsurface environment
that is not addressed or is not designed in strict conformance with
the requirements of N.J.A.C. 7:9A.
The Board of Health of the Township of Logan.
Health Officer of the Gloucester County Department of Health
and Senior Services (GCDHSS) or assigned designee.
Any realty improvement other than a single-family home. Such
systems include, but are not limited to those systems defined in N.J.A.C.
7:A-1.8(C)2. Typical examples include but are not limited to: commercial
buildings, restaurants, food establishments, commercial/residential
mixed uses, and systems servicing multiple units.
An individual subsurface sewage disposal system as referred
to in N.J.A.C. 7:9A. A septic system is one example.
A license issued to an applicant pursuant to this article
for the operation of an on-site wastewater treatment system.
The person who owns or leases the realty improvement which
is served by a residential or nonresidential on-site wastewater treatment
system and/or the person who uses or operates said system. The owner
of the realty and the operator of the system, if different, are jointly
and severally liable for the obligations imposed by this article.
A sketch showing the type (if known) and location of the
on-site wastewater treatment system servicing the property, as well
as the location and type of any on-site water supply. All plot plans
shall be drawn to scale and list the dimensions used.
An individual or nonindividual on-site wastewater treatment
system, including all of the component parts thereof.
It is found and declared that:
A.
Residential and nonresidential on-site wastewater
treatment systems are in use within the municipality.
B.
Economic benefits to all on-site system owners by
improving the quality of wastewater being discharged to their systems
and the environment will extend the serviceable life of on-site systems,
preventing or postponing the need for costly repairs or replacements.
C.
In order to enable the use of advanced wastewater
treatment or disposal, technologies that enhances treatment of wastewater,
management and maintenance is a necessity.
D.
The licensing provisions contained in this article
are necessary to protect the public health safety and welfare and
it is therefore necessary to exceed the provisions contained in N.J.A.C.
7:9A-1 et seq. This is hereby declared to be a "special ordinance"
in accordance with N.J.A.C. 7:9A-3.1(b) and shall be forwarded to
the New Jersey Department of Environmental Protection within 10 days
of adoption.
E.
Improvements to available individual subsurface sewage
disposal system technology are available which are not specifically
addressed by the state regulations.
In addition to the purposes set forth in N.J.A.C.
7:9A-1.1, it is the purpose of this article:
A.
To establish a management program for systems using
advanced wastewater treatment or disposal technologies in the municipality
in order to ensure the proper operation and maintenance of such systems.
This article requires those on-site wastewater treatment systems subject
to this article to be satisfactorily operated, inspected and maintained
on a regular basis in order to minimize future malfunctions of such
systems.
B.
To regulate systems using advanced wastewater treatment
and disposal technologies in the municipality to protect public health
and welfare and the environment.
C.
To develop a management program to maintain records
regarding on-site wastewater treatment systems using advanced wastewater
treatment or disposal technologies in the municipality.
No person within the municipality area shall
operate a residential or nonresidential on-site wastewater treatment
system unless such construction, installation, alteration, maintenance
or operation is in accordance with all applicable sanitary regulations
and this article.
All applications for new construction, expansions
or alterations that include new septic tanks in the municipality shall
identify that those septic tanks will be equipped with an effluent
filter bearing the seal of the National Sanitation Foundation (NSF)
certifying that the installation conforms to the manufacturer's recommendations.
Gas-deflection baffles are required when an effluent filter is installed
and maintained.
A.
Advanced wastewater treatment or disposal technology,
which is alternative to the standard technology allowed by the N.J.A.C.
7:9A-1 et seq., may be required by the Board of Health to repair/alter
an existing, malfunctioning septic system in cases where site constraints
do not allow for a repaired/altered system that is fully compliant
with the requirements of N.J.A.C. 7:9A-1 et seq.
B.
Advanced wastewater treatment or disposal technology,
which is in addition to the standard technology allowed by the N.J.A.C.
7:9A-1 et seq., may be allowed by the Board of Health for all new
or expanded systems to provide additional wastewater treatment to
sanitary sewage for the further protection of human health and the
environment. Any advanced technology must be applied in accordance
with N.J.A.C. 7:9-1 et seq.
C.
Advanced wastewater treatment or disposal technology,
which is instead of any required standard requirements of N.J.A.C.
7:9A-1 et seq., may be allowed by the Board of Health for new or expanded
systems to provide additional wastewater treatment to sanitary sewage
and/or alternate means of disposal of sanitary sewage for the further
protection of human health and the environment. Any application to
the Board of Health to use advanced technology under this paragraph
must include the following, at a minimum:
(1)
An approved design from the Board of Health for a
design which is in strict conformance with the requirements of N.J.A.C.
7:9A-1 et seq.
(2)
An acknowledgement that the applicant will be required
to obtain a treatment works approval from the New Jersey Department
of Environmental Protection pursuant to N.J.A.C. 7:9A-3.9.
D.
Each system which incorporates advanced technology
shall incorporate the following conditions:
(1)
Alternative wastewater treatment systems that are
equipped with automatic dialing capacity or other automatic notification
to the manufacturer, or its agent, in the event of a mechanical malfunction
shall be covered by a minimum three-year warranty that cannot be cancelable
and is renewable. This warranty must include a service contract for
the manufacturer or its agent to monitor the system continuously and
inspect the system at least once a year and undertake any routine
maintenance or repairs determined to be necessary during any such
inspection or as a result of observations made at any other time.
(2)
All alternative wastewater disposal systems not equipped
with an automatic dialing capability shall be covered by a minimum
three-year warranty that can not be cancelable, are fully transferable
and renewable which includes a service contract for the manufacturer
or its agent to inspect the system at least once every six months
to ensure the system was properly installed and is functioning properly.
The warranty shall also include provisions that include costs of repairing
any routine problems associated with the inadequate function of the
disposal system.
(3)
Any property served by an on-site wastewater treatment
system which utilizes advanced wastewater treatment and/or disposal
technology shall submit the appropriate license to operate renewal
fee, proof that the renewable warranty has been extended for the proper
inspection and maintenance of the advanced technology. Any system
that does not renew its warranty shall be deemed a nuisance pursuant
to this article, subject to a separate violation for every day the
maintenance contract is not renewed.
(4)
The property owner shall provide notification to a
purchaser of the property, prior to entering into any contract for
real estate transfer, of the presence and requirements of the advanced
wastewater treatment or disposal technology that exists on the property.
This notification shall include a copy of the manufacturer's owner's
manual for the technology and the requirements for the system owner
listed in this article, as well as a copy of all transferable service/maintenance
contracts and product warranties.
On or after the effective date of this article,
no owner or occupant of a property in the municipality upon which
an individual or nonindividual on-site wastewater treatment system
incorporating advanced wastewater treatment or disposal technology
is located shall operate or otherwise use a system unless a currently
valid license to operate the system has been issued by the Gloucester
County Department of Health and Senior Services in accordance with
the schedule herein to the owner of the property on which the system
is located.
A.
The Board of Health or its designee may issue a license
to operate and distribute educational information relative to the
proper operation and maintenance practices to the owner and occupant
of a property upon:
(1)
Issuance of a certificate of compliance for any new
system using advanced wastewater treatment or disposal technology(ies);
or
(2)
Issuance of a certificate of compliance for any existing
system that is altered to correct a malfunctioning condition using
advanced wastewater treatment or disposal technology(ies).
B.
Issuance, expiration, renewal and suspension.
(1)
All licenses issued pursuant to this section shall be on a form provided by the Gloucester County Department of Health and Senior Services. Once issued, a license shall be transferable upon change of ownership or occupancy of the premises for which the license has been issued. A fee, as provided in § 130-30 of this article, shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan showing the location of the septic system (both the tank and the disposal area) and of any private water source on the property and spot evaluations or grading contours of the property. The plot plan shall also include the general location, if known, of any wells, and septic systems on adjoining properties.
(2)
Expiration/renewal. The license to operate shall expire
three years after issuance. The Board of Health or its designee shall
notify the licensee or its designee at least 90 days before the license
expires and shall be directed to apply for a renewal of license. The
renewal notice shall include educational materials relative to the
proper operation and maintenance practice for such systems in accordance
with N.J.A.0 7:9A-3.14.
(a)
Requirements for renewal. The Board of Health or its designee shall not renew the license unless the licensee has submitted to the Board of Health or its designee verification of the results of the inspections required in § 130-25 and that a valid maintenance contract is currently in effect for the subject system.
(b)
Renewal term. Any license shall be renewed for
a period of three years. As a condition precedent to a license renewal,
the owner/operator shall pay the fee required by the Gloucester County
Department of Health and Senior Services.
(3)
Suspension of license.
(a)
The Board of Health or its designee may suspend
or revoke the license to operate in the following circumstances:
[1]
It has been determined that the system is malfunctioning
based upon criteria provided by N.J.A.C. 7:9A-3.4(a) and the licensee
fails to take immediate steps to correct said malfunction as directed
by the Board of Health or its designee;
[2]
The owner or occupant of the premises served
by the system violates any provision of this chapter with respect
to operation and maintenance of the system; or
[3]
The owner or occupant of the premises served
by the system denies the right of entry to the Board of Health or
its designees, or to the New Jersey Department of Environmental Protection,
as required in N.J.A.C. 7:9A-3.19, or in any way interferes with the
administration or enforcement of this article.
(b)
Operation of an on-site system under a suspended
license shall be subject to penalties under § 130-36 of
this article.
Any person aggrieved by any decision of a designee
of the Board of Health made pursuant to this chapter shall have the
right to appeal that decision to the Board of Health. Any aggrieved
person seeking a hearing under this section shall make application
to the Board in writing within 30 days of the decision to be appealed.
The Board of Health shall schedule the matter for a hearing within
45 days thereafter. The hearing shall be conducted at a meeting held
pursuant to the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
Nuisances to be corrected.
(1)
Any on-site sewage disposal system or component thereof
that is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1
and 3.4) shall constitute a nuisance and shall be repaired, modified
or replaced pursuant to an order of the Board of Health or its designee
to correct the condition caused by the malfunction. Alterations shall
be performed in accordance with N.J.A.C. as adopted and implemented
by the Board of Health by virtue of this Code and any amendments thereto.
(2)
Any on-site wastewater treatment system which has
not been operated or maintained in accordance with the provisions
required by the ordinance is hereby declared a nuisance.
(3)
Any on-site wastewater treatment system which is constructed,
installed, altered, operated or maintained in violation of this article,
N.J.A.C. 7:9A-1 et seq., any rule or regulation promulgated pursuant
to this article or any approval, permit, certificate or license issued
pursuant to this article is hereby declared to be a nuisance.
(4)
In addition the powers provided for in N.J.A.C. 7:9A-1.1
et seq., the Board of Health retains its authority to abate any nuisance
in accordance with the provisions of N.J.S.A. 26:3-45 et seq.
B.
Malfunctioning on-site wastewater treatment system;
inspections of system; revocation of license.
(1)
The Board of Health shall have the right to inspect
any system that shows evidence of any malfunction. Such evidence may
include, but not be limited to, foul odors, leakage to ground surface,
or saturate soil/lush vegetation over system. Water and/or soil samples
may be taken to confirm the existence of a malfunctioning system.
(2)
The Board of Health may require that any malfunctioning
system be corrected by servicing, replacement or alteration of the
system.
(3)
Until any necessary replacement or alteration of a
system has been accomplished, the Board of Health may require pumping
and the removal of the entire contents of the septic tank for the
system (both liquids and solids) at intervals specified by the Board.
(4)
No provision to this article shall be interpreted
as precluding the Board of Health from revoking a license issued by
the Board for the operation of a system in the event that the Board
shall determine that such action is necessary and appropriate for
the enforcement of this article. Any such revocation shall be upon
notice to the owner/operator, with an opportunity to comment or appeal.
In furtherance of the rights granted to the
Board of Health in N.J.S.A. 26:3-45 et seq., and N.J.A.C. 7:9-3.19,
the Health Officer of the Gloucester County Department of Health and
Senior Services or their designee, upon presentation of identification,
shall have the right to enter upon property where an individual or
nonindividual on-site wastewater management treatment system is located
for the purpose of observation, inspection, monitoring and/or sampling
of the on-site sewage disposal system. This authority is exercised
by virtue of N.J.S.A. 26:3-31 as a necessary and reasonable method
of furthering the duties of the Board of Health as enumerated therein.
Any fees charged for the plan review, inspections,
licenses to operate, and maintenance shall be paid to the enforcing
official on a schedule adopted by the Gloucester County Board of Chosen
Freeholders.
A.
A person who violates any provision of this article,
or any term or condition of any certificate or license issued hereunder,
shall be liable for one or more of the following penalties [N.J.S.A.
40:69A-29(b)]:
B.
Each separate day and each violation of any provision
of this article, any terms or conditions of any certificate or license
or any notice or order issued by the Board of Health shall constitute
a separate and distinct violation under this article.
C.
Nothing in this article shall be construed as limiting
the remedies of the Board of Health for violation of this article.
The Board of Health 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 certificate or license issued by the Board of Health
or for any failure to comply with any notice or order issued by the
Board of Health or its enforcement official under this article.
