[HISTORY: Adopted by the Board of Health of the Borough of Mountain Lakes as Ch. BH-IV of the 1980 Code. 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 such systems, and fixing the 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 hereto and made a part hereof without inclusion of the text thereof herein.
[Amended by Ord. No. 1-94]
The code established and adopted by this chapter shall be described and commonly known as the "Standards for the Construction of Individual Subsurface Sewage Disposal Systems," promulgated by the New Jersey Department of Environmental Protection (NJDEP) as Chapter 9A of N.J.A.C. Title 7, as amended from time to time.
[Amended by Ord. No. 1-94]
Three copies of the above-referenced code have been placed on file in the office of the Secretary of this Board of Health upon the introduction of this chapter and shall remain on file in the office for the use and examination of the public.
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of a sewage disposal system shall have been issued by the Board of Health.
The Board of Health may issue a permit if an application for the same 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.
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 shall have issued a certificate indicating that the disposal system has not 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 alteration to an existing individual sewage disposal system.
The Board of Health may issue such a 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 aforesaid code.
Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement who do not hold a license to engage in such business issued by the Board of Health. Such licenses shall be valid for a period of one year from the date of issuance but may be renewed by the Board of Health. The license may be revoked for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Board of Health.
The contents of any septic tank, cesspool, privy or other receptacle containing human excrement shall not be removed until a permit for such removal has been obtained from the Board of Health.
Appeal. In case any permit or certification 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 therefor is made by the applicant, and upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
Work stoppage in the event of violation. 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 such violation, and, thereafter, the work continued without any violation of any of the provisions of the code, and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system, or any part thereof, no further work shall be done thereon except as aforesaid.
Fees. Fees shall be as set forth in § 111-3I.