[Adopted 10-15-1997]
A property owner having an individual septic disposal system which includes an automatically controlled, electrically operated pump (hereinafter "pump septic system" or "system") must have the system inspected by a licensed professional engineering firm or a person or firm who commercially installs or services pump septic systems (hereinafter "qualified professional") within three years of installation. The aforementioned inspection shall be referred to in this article as the "initial inspection." Subsequent inspections must be made within every three years thereafter, but in no event later than 60 days following the anniversary date of the initial inspection. The inspection must certify that pump septic system is functioning satisfactorily and shall consist of the following requirements:
A. 
Pumping of the septic tank to remove accumulated solids and sludge.
B. 
Inspection of the effluent pump and pump pit to ensure that they are clear of solids and are functioning properly. The pump shall be tested for one full cycle.
C. 
Inspection of the effluent pump pit to ensure that no cracks or leaks have developed.
D. 
Inspection and testing of the switch floats operating the effluent pump, as well as the high-effluent alarm, to ensure that they are functioning properly.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
E. 
Inspection of the check valve and the PVC gate valve, if applicable, to ensure that they are functioning properly.
No later than 30 days after each inspection, the property owner shall file a certification signed by a qualified professional with the Readington Township Board of Health stating that all the requirements set forth in § 268-3 have been inspected and/or performed, as the case may be, and that the pump septic system is functioning properly.
If, at the time of inspection or any other time, a malfunction of the pump septic system is found, the property owner shall notify the Readington Township Board of Health, in writing, and shall have the system repaired and/or restored to proper functioning condition within 10 days after the date of the initial inspection or discovery, as the case may be, or within such longer time as circumstances may warrant after approval by the Readington Township Board of Health and/or its designee. Certification of the completed repair by an individual or entity licensed to perform said repairs shall be submitted to the Readington Township Board of Health within 30 days of repair.
Failure to comply with the inspection and/or certification filing requirements of this article shall subject the property owner to a penalty up to $5,000 per occurrence.
In addition to any other enforcement remedies available to it by law, the Board of Health shall have the power to take legal action to compel a property owner who fails to have a malfunctioning pump septic system repaired within the time frame provided in this article, to have it repaired at property owner's cost and expense. It shall be the duty of the Readington Township Board of Health or its designee, including but not limited to the Hunterdon County Health Department Official and/or Readington Township Construction Code/Building Inspection officials, to enforce the provisions of this article.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
The provisions of this article and the obligations set forth within it shall be made applicable to all properties within the Township of Readington, regardless of whether said parcel is new or existing, for which the Board of Health has approved a pump septic disposal system.
[Amended 12-16-2020 by Ord. No. BH 01-2020]
The owner of a property for which a pump septic system has been approved by the Board of Health shall have the obligation to place a restriction of record by deed or other properly recorded instrument in the following form:
Deed restriction. Grantee, its heirs, successors in title and assigns, is hereby noticed that there is a pump septic system installed on the Property. In accordance with the Readington Township Board of Health's ordinance regulating such systems and by acceptance of this deed, the Grantee agrees to have the system inspected by a licensed professional engineering firm or a person or firm who commercially installs or services pump septic systems ("qualified professional") within three years of installation and, subsequently, within every three years thereafter, but in no event later than 60 days following the anniversary date of the initial inspection. The inspection shall certify that the pump septic system is functioning satisfactorily and shall consist of the following requirements:
a.
Pumping of the septic tank to remove accumulated solids and sludge;
b.
Inspection of the effluent pump and pump pit to ensure that they are clear of solids and are functioning properly. The pump shall be tested for one full cycle;
c.
Inspection of the effluent pump pit to ensure that no cracks or leaks have developed;
d.
Inspection and testing of the switch floats operating the effluent pump and the high-effluent alarm to ensure that they are functioning properly;
e.
Inspection of the check valve and the PVC gate valve, if applicable, to ensure that same are functioning properly.
If, at the time of inspection or any other time, a malfunction of the system is found, Grantee must notify the Readington Township Board of Health in writing and shall have the pump septic system repaired and/or restored to proper functioning condition within 10 days after the date of the inspection or the date the malfunction is discovered, or within such longer time as circumstances may warrant after approval by the Board of Health or its designee. Certification of the completed repair by an individual or entity licensed to perform such repairs shall be submitted to the Readington Township Board of Health within 30 days of repair.
In the event that Grantee fails to repair and/or restore to functioning condition a malfunctioning pump septic system within the time period provided for above, the Grantee is hereby NOTICED that the Readington Township Board of Health or its designee may take legal action to compel Grantee to have the pump septic system repaired at Grantee's cost and expense. Grantee is further NOTICED that failure to comply with the requirements of this article may subject Grantee to a penalty of up to $5,000 for each occurrence.
The restrictions and covenants set forth herein shall run with the land and shall be binding upon any and all successors in title to the Grantee unless specifically repealed by ordinance. Further, violation of the affirmative obligation set forth herein by Grantee or any of Grantee's heirs, successors in title or assigns shall not result in a forfeiture or reversion of title.
The property owner shall file a copy of the recorded deed or other legally appropriate instrument containing the restriction with the Secretary of the Board of Health within 30 days of recording it with the County Clerk. Notwithstanding the above, in the case of a new dwelling, evidence of the recording of the restriction shall be filed with the Board of Health no later than 90 days after the installation of the system. In the case of all existing dwelling, such evidence shall be filed with the Board of Health not later than 90 days after the Board of Health has approved the pump septic system.
Property owners having a pump septic system shall have an affirmative obligation to notify prospective purchasers of the existence of the deed restriction pertaining to the system and the accompanying inspection and maintenance obligations prior to transfer of title of the property.
Nothing herein shall be construed as preventing or limiting the Board of Health or its designee from specifying longer time periods in which the provisions of this article may be fulfilled or from waiving any provisions contained herein where special hardship or other unusual circumstances which may warrant, as the Board of Health or its designee, in the reasonable exercise of discretion, may determine.