[HISTORY: Adopted by the Board of Health of the Borough of Upper Saddle River as Ch. BH-V of the Revised General Ordinances, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 110.
Soil removal — See Ch. 118.
Individual and semipublic water supplies — See Ch. 221.
A. 
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 penalties for the violation thereof is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A copy of the code is annexed to this chapter and made a part of it without inclusion of the text herein.
B. 
The code established and adopted by this chapter is described and commonly known as the "Individual Sewage Disposal System Code of New Jersey (1963)."
Three copies of the Individual Sewage Disposal System Code of New Jersey (1963) have been placed on file in the office of the Secretary of the Board of Health for use and examination by the public.
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of the sewage disposal system has been issued by the Board of Health or its authorized representative.
New individual disposal systems shall not be placed in operation, nor shall new dwellings or additions thereto be sold or occupied which must rely on such a system for sewage disposal, until the Board of Health has issued a certificate indicating that the disposal system has 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 alterations to an existing individual sewage disposal system.
[Amended 6-20-2022 by Ord. No. 1-22 (BOH)]
The contents of any septic tank, 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.
If a permit or certificate 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 the hearing.
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 the violation, and thereafter the work continued without any violation of any of the provisions of the code, and after issuance of such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of the disposal system or any part thereof, no further work shall be done except as aforesaid.
[Amended 6-18-1973; 11-21-1983; 5-6-2021 by Ord. No. 6-21]
Fees shall be as follows:
A. 
New septic system test hole/plan review combined: $400; construction: $600; total: $1,000.
B. 
Alteration: $400; test hole/plan review: $400; total: $800.
C. 
Repair: $100.
D. 
Septic contractor's license: $150.
E. 
Septic cleaner's license: $150.
F. 
Septic cleaning permit: $5.
G. 
Septic abandonment: $100.
H. 
Architect plan review fee, interior: $50.
I. 
Architect plan review fee, exterior: $50.
J. 
Review plan review, second/third (charged to engineer): $75.
The provisions of Section 17.1(a) and (b) of the Individual Sewage Disposal System Code of New Jersey (1963) are hereby deleted and there is substituted in their place and stead the following:
(a)
Application - A properly executed application has been submitted on a form supplied by the administrative authority. Such an application shall be accompanied by an accurate plan prepared by a professional engineer licensed to practice in the State of New Jersey, including thereon the following information:
(1)
All existing topographical features, including existing structures, easements, rights-of-way and subterranean structures, within a radius of 50 feet of any component of the proposed septic system.
(2)
All wells on this property and adjacent properties in accordance with requirements of the Water Supply Code of New Jersey (1959), Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 3-69.6).
(3)
The location and size of proposed structures and paved areas with distances to all lot or property lines.
(4)
The source of potable water and supply system therefor.
(5)
The location and size of the proposed septic system with distances to all property lines, proposed structures, existing structures.
(6)
A profile of the septic system, to include elevations of the first floor and cellar of residence, bottom of seepage pits or drainfield and existing and proposed ground levels on aforementioned items.
(7)
Data on which design has been based, such as the number of bedrooms (including any expansion attic) for single-family dwellings or estimated daily sewage flow as determined by the provisions of this code for establishments other than single-family dwelling.
(8)
Contours at contour intervals of one foot for existing ground level and proposed final grade, to include an area a minimum distance of 30 feet beyond all exterior limits of the proposed septic system. The administrative authority or its authorized agent may require additional contour coverage or smaller or larger contour interval if, in the opinion of the administrative authority or its authorized agent, special conditions exist requiring such.
(9)
Roof drain locations with disposal of runoff shown.
(10)
A test pit soil log in the area to be occupied by the proposed septic system, showing elevation of water table.
(11)
Bench mark with elevation (relative).
(b)
Percolation tests - The results of one or more percolation tests have been submitted to and found satisfactory by the administrative authority or its authorized agent. Such tests shall be conducted in accordance with the provisions of this code and in a manner satisfactory to the administrative authority. Notification that such tests will be made shall be given to the administrative authority or its authorized agent at least 48 hours prior to such testing. The administrative authority or its authorized agent shall have the right to witness these tests.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
As used in this chapter, the following terms shall have the meanings indicated:
SEPTIC CONTRACTOR
One who installs, alters, repairs and/or cleans septic systems.
SEPTIC SYSTEM
Any method for disposing of sewage and waste, including, but not limited to, septic tanks, sewers, cesspools, and privies.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
All septic contractors shall be licensed annually by the Upper Saddle River Board of Health. Said license shall be issued in accordance with the provisions set forth in this chapter, the Borough Code and applicable state law. Upon passing the appropriate examination and paying the required fee of $150, all licenses shall be issued for a period of one year beginning on January 1 and ending on December 31. A contractor who has successfully completed the septic contractor examination in Upper Saddle River, with the $100 test fee, Franklin Lakes or Oakland shall be eligible to work as a septic contractor in the Borough.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
All septic contractors shall submit to the Board of Health a surety bond in favor of the Borough in the amount of $30,000, which shall secure performance of work within the Borough. The person who is licensed by the Borough as a septic contractor shall be the sole individual specifically named and covered under the surety bond. The bond shall be effective from January 1 through December 31 and shall list the types of permits that will be applied for during the year, such as new septic system installations, septic alterations, septic repairs and/or septic system cleanings.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
The septic contractor or its representative shall be required to be on premises during such time as a septic system is constructed, installed, altered, repaired, or cleaned.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
The license of a septic contractor may be revoked or suspended by the Board of Health upon showing that the contractor violated the terms of this chapter or engaged in conduct which has caused improper and unnecessary repairs or replacement of a septic system.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
No person, corporation or entity who or which shall inspect any septic system in the Borough in connection with the resale of a residence or commercial building or the issuance of a mortgage commitment or financing for such residence or commercial building shall contract for the repair or replacement of the septic system that is being inspected.
[Added 6-20-2022 by Ord. No. 1-22 (BOH)]
A. 
Violation of these §§ 211-9.1 through 211-9.7 shall be punishable by a fine of up to $500 and/or 90 days of imprisonment or community service.
B. 
The Board of Health shall administer the terms of these §§ 211-9.1 through 211-9.7; however, violations of these §§ 211-9.1 through 211-9.7 may be prosecuted by either the Board of Health or by the Construction Official, Zoning Officer, or any Subcode Official.
[Added 6-23-1986]
Any person who violates or neglects to comply with any provision of this chapter or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation.