[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.
A.
Permit required.
(1)
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.
(2)
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.
(3)
Certificate.
(a)
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.
(b)
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.
(4)
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.
(5)
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.
B.
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.
C.
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.
D.
Fees. Fees shall be as set forth in § 111-3I.
