Article III: Individual Subsurface Sewage Disposal Systems

§ 268-16 Amendments.

Deletions. Sections 7:9A-1.6(a) and (b), 7:9A-3.6(a) and (b), 7:9A-5.2(b) and (d), 7: 9A-5. 8(b)(2) and 7: 9A-6.1(a) are hereby deleted from said code.

Amendments. The Standards for Individual Subsurface Sewage Disposal Systems, as previously amended by Board of Health ordinances of September 19, 1995, and September 2, 1998, are superseded by the following:

[Amended 10-20-1999 by Ord. No. BH:99-02]

(1)

Section 1.6 is amended to read as follows:

1.6. General prohibitions.

(a)

No person shall locate, construct, alter or repair any individual subsurface sewage disposal system until a permit for the location, construction, alteration or repair of said sewage disposal system has been issued by the administrative authority as defined in N.J.A.C. 7:9A-2.1, as approved under the following circumstances:

[Amended 12-16-2020 by Ord. No. BH 01-2020]

[1]

An application for a permit to construct an individual subsurface sewage disposal system shall be considered and acted upon by the Board of Health at meetings of the Board when such application involves soil suitability testing for the treatment and disposal of effluent for new construction or an intensification of use; a variance, waiver, exception or any relief from any provisions of N.J.A.C. 7:9A, Article II, and/or Article III of Chapter 268 of the Township of Readington Ordinances.

[2]

An application for the approval of preliminary plans to use an individual subsurface sewage disposal system or systems to serve a lot or lots proposed to be created by subdivision approval or proposed to be developed in accordance with site plan approval shall be considered and acted upon by the Board of Health at meetings of the Board.

[3]

An application for a permit to repair an individual subsurface sewage disposal system by fixing, refurbishing or replacing one or more components in a manner that will restore and preserve the system without changing the original location, design, construction, size, capacity, type or number of the components of the system shall be reviewed and acted upon by an authorized agent of the Board of Health.

[4]

An application to permit an alteration to an existing individual subsurface disposal system be acted upon by an authorized agent of the Board of Health, provided that the alteration is not required based upon an intensification of use and further provided that the altered disposal system will not require any relief in the way of a variance, waiver, exception or any relief from any provisions of N.J.A.C. 7:9A, Article II, and/or Article III of Chapter 268 of the Township of Readington Ordinances.

(b)

The administrative authority shall not issue an approval, permit, certification or license for the installation, construction, alteration or operation of an individual sewage disposal system where such installation, construction, alteration or operation will violate or otherwise not be in compliance with the requirements of N.J.A.C. 7:9A-1.1, et seq., this article and all other applicable laws, regulations and ordinances.

(2)

Section 1.8(d) is added to read as follows:

1.8(d) Limitations.
The administrative authority may order all work in and about any individual subsurface sewage disposal system which is being constructed or installed in violation of N.J.A.C. 7:9A or this article to be stopped immediately, except for such work as shall be necessary to remedy the violation; and, thereafter, the work shall be continued only without any violation of any of the provisions of N.J.A.C. 7:9A and this article, and, after issuance of such an order and the service of a copy upon any person connected with or working in or about the construction or installation of the disposal system, or any part thereof, no further work shall be done except as stated above.

1.8(d) Limitations.

The administrative authority may order all work in and about any individual subsurface sewage disposal system which is being constructed or installed in violation of N.J.A.C. 7:9A or this article to be stopped immediately, except for such work as shall be necessary to remedy the violation; and, thereafter, the work shall be continued only without any violation of any of the provisions of N.J.A.C. 7:9A and this article, and, after issuance of such an order and the service of a copy upon any person connected with or working in or about the construction or installation of the disposal system, or any part thereof, no further work shall be done except as stated above.

(3)

Section 3.1 is amended to read as follows:

3.1. More stringent state law.
In the event that any present or future state law or regulation imposes standards more stringent than those contained in this article, the more stringent standards shall govern.

(4)

Section 3.5(b) is amended to read as follows:

3.5(b). Administrative authority certification.
New individual subsurface sewage disposal systems shall not be placed in operation nor shall there be a closing of sale or occupancy of any dwellings or buildings or additions thereto which rely on a new individual subsurface sewage disposal system for sewage disposal, until the administrative authority shall have issued a certificate indicating that the subsurface sewage disposal system thereupon has been located and constructed in compliance with any permit issued, the requirements of N.J.A.C. 7:9A-1.1, et seq., this article and all other applicable laws, regulations and ordinances.

3.5(b). Administrative authority certification.

New individual subsurface sewage disposal systems shall not be placed in operation nor shall there be a closing of sale or occupancy of any dwellings or buildings or additions thereto which rely on a new individual subsurface sewage disposal system for sewage disposal, until the administrative authority shall have issued a certificate indicating that the subsurface sewage disposal system thereupon has been located and constructed in compliance with any permit issued, the requirements of N.J.A.C. 7:9A-1.1, et seq., this article and all other applicable laws, regulations and ordinances.

(5)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(5), regarding engineer certification, was repealed 12-16-2020 by Ord. No. BH 01-2020.

(6)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(6), regarding preliminary excavation, was repealed 12-16-2020 by Ord. No. BH 01-2020.

(7)

Section 3.6 is amended to read as follows:

3.6. Witnessing of soil evaluation and testing.

(a)

The administrative authority or its authorized agent shall witness the excavation of soil profile pits and borings, in-situ permeability and percolation testing or soil sample collection and any other site evaluation procedure, relied upon in the design or location of the system. The administrative authority or its authorized agent requires a minimum of 15 business days' prior written notice for the purpose of witnessing of soil evaluation or testing procedures. Scheduling shall be subject to the availability of qualified witnessing personnel.

(b)

The administrative authority or its authorized agent may direct that additional replicate soil samples be provided for testing or retention by the administrative authority.

(c)

The administrative authority may, by formal resolution, waive the requirements for witnessing of soil evaluation or testing procedures. No waiver of the witnessing requirements of the Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A-1.1, et seq.) or this article shall be construed from the failure of the administrative authority or its authorized agent to be present for the evaluation or testing procedures, provided that such failure was caused by circumstances beyond the reasonable control of the administrative authority or its authorized agent.

(8)

Section 3.19 is hereby amended to add the following to the end of the existing paragraph: "The submission of any application to any governmental agency (including but not limited to an application to the administrative authority), which involves a decision, action, comment or advice of the administrative authority, shall require the owners' written consent to the entry upon the property in question by the members, representatives and designees of the administrative authority, for the purpose of making such inspections and observations as they may see fit and for any other lawful purpose. The failure or refusal of any applicant to grant consent to the entry as described above shall result in a rejection of all the applicant's applications before the administrative authority (whether then pending or subsequently filed). The costs and expenses of expert witnesses to be employed by the administrative authority in making such inspections and observations shall be borne by the applicant, under the administrative authority's escrow ordinance.

[Added 6-18-2003 by Ord. No. BH:03-01]

(9)

Section 4.1(c) is amended to read as follows:

4.1(c). General provisions for site evaluation and system location.
The applicant has the burden of proving compliance with the provisions of the Code and this article in all matters pertaining to site evaluation, system location, soil suitability, permeability testing, design and construction requirements for the system. Should the administrative authority elect to provide guidance to the applicant as to the requirements for such compliance, such guidance shall not be construed to limit the administrative authority in any way. Where doubt exists regarding such compliance, the administrative authority shall have the right to require additional information on such compliance and on matters which may affect the proper functioning of the system.

4.1(c). General provisions for site evaluation and system location.

The applicant has the burden of proving compliance with the provisions of the Code and this article in all matters pertaining to site evaluation, system location, soil suitability, permeability testing, design and construction requirements for the system. Should the administrative authority elect to provide guidance to the applicant as to the requirements for such compliance, such guidance shall not be construed to limit the administrative authority in any way. Where doubt exists regarding such compliance, the administrative authority shall have the right to require additional information on such compliance and on matters which may affect the proper functioning of the system.

(10)

Section 4.3 is amended to read as follows:

[Amended 7-18-2001 by Ord. No. BH:01-01; 12-16-2020 by Ord. No. BH 01-2020]

4.3 Distances.
The minimum separation distances(1) between the following components of the system and the features listed below shall apply:

Component	Well or Suction Line	Well Service Line Pressure	Watercourse	Property Line
Building sewer	25 feet	10	---	---
Septic tank, pump pit	100(4) feet	---	100(2) feet	15 feet
Distribution box	100(4) feet	---	100(2) feet	15 feet
Disposal field or trench	100(4) feet	---	100(2) feet	15 feet

(1)	NOTES: The above distances supersede any less stringent provisions of N.J.A.C. 7:9A-4.3.
(2)	Those items marked with a (2) above can be reduced to 75 feet, provided that a select fill enclosure design is employed.
(3)	Readington Township Code § 148-50B prohibits the construction of septic systems within a stream corridor or within the one-hundred-foot-wide buffer established in said ordinance.
(4)	Those items marked with a (4) above can be reduced to 50 feet, provided that proof of 50 feet of well casing can be provided.

(11)

Section 4.7(e) is added to read as follows:

4.7(e) Freshwater wetlands.
An applicant for the construction, alteration or repair of a subsurface sewage disposal system shall provide the following indemnification agreement:

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND SHOULD BE REFERRED TO YOUR LAWYER PRIOR TO SIGNING
(I) _______ (We), __________________________________, the applicant(s) for (check one) _________ construction, ________ alteration, or _______, repair of a subsurface individual sewage disposal system on Block _____, Lot _____, in Readington Township, New Jersey, in consideration of the acceptance by the BOARD OF HEALTH OF THE TOWNSHIP OF READINGTON (BOARD OF HEALTH) of evidence submitted by (me) (us) on the possible presence of freshwater wetlands on the subject property, acknowledge (my) (our) responsibility for strictly complying with the provisions of the Freshwater Wetlands Protection Act (N.J.S.A. 13:9b-1 et seq.), and the rules promulgated pursuant thereto and (I) (we) hereby agree to defend, indemnify and save harmless the BOARD OF HEALTH and the TOWNSHIP OF READINGTON and their elected and appointed officials, agents and employees, from and against any and all claims and liabilities (including, without limitation, attorneys' fees) arising out of or related to (my) (our) failure to comply with any applicable wetlands or flood-hazard laws and regulations.
This indemnification agreement shall apply notwithstanding the actual or alleged negligence of those to be indemnified, but shall not apply to claims or liabilities arising solely from the negligence of those to be indemnified.
	__________________________
	Signature of Applicant
	__________________________
	Printed Name of Applicant
	__________________________
	Street Address
	__________________________
	City, State, Zip Code
	__________________________
	Date

(12)

Section 5.1(c) is added to read as follows:

[Added 7-18-2001 by Ord. No. BH:01-01]

5.1 General provisions for the Determination of soil suitability.
(c)	Policy pronouncements or interpretations of the NJDEP and/or the Hunterdon County Health Department concerning the suitability of soils conditions for septic systems, which are not duly enacted as part of the State Code or adopted by ordinance of the administrative authority, may not have the force and effect of law and may not be binding upon the administrative authority. Should an applicant wish the Board to grant an approval based upon such policies or interpretations, a variation (a variance) pursuant to the provisions of § 268-19 of this article may be required, in which case the applicant shall be required to demonstrate practical difficulties or exceptional and undue hardship as required by such section and all criteria stated therein.

5.1 General provisions for the Determination of soil suitability.

(c)

Policy pronouncements or interpretations of the NJDEP and/or the Hunterdon County Health Department concerning the suitability of soils conditions for septic systems, which are not duly enacted as part of the State Code or adopted by ordinance of the administrative authority, may not have the force and effect of law and may not be binding upon the administrative authority. Should an applicant wish the Board to grant an approval based upon such policies or interpretations, a variation (a variance) pursuant to the provisions of § 268-19 of this article may be required, in which case the applicant shall be required to demonstrate practical difficulties or exceptional and undue hardship as required by such section and all criteria stated therein.

(13)

Section 5.2(b) is amended to read as follows:

5.2(b) Requirements for profile pits.
A minimum of two profile pits are required for each disposal field. Soil borings in lieu of profile pits are not acceptable.

(14)

Section 5.2(d) is amended to read as follows:

5.2(d) Seepage pits.
When a seepage pit(s) is proposed, as allowed in N.J.A.C. 7:9A-5.2(d), a minimum of one profile pit shall be performed for each seepage pit. Profile pits shall be located no further than 15 feet from the proposed seepage pit.

(15)

Section 5.8(b)(2) is amended to read as follows:

[Amended 7-18-2001 by Ord. No. BH:01-01]

5.8(b)(2) Criteria for recognition of zones of saturation.
(2)	Time for testing. Except for tests in connection with the alteration, without expenses or change in use, or repair of existing systems, where any of the groundwater conditions identified in Sections 5.8(b)(2)(v)(A) or (B) of this article are present, groundwater elevations shall be determined only during the months of January through April (unless the period is lengthened or shortened by NJDEP or by the administrative authority due to a significant departure from normal climatic conditions) and all such tests, whenever conducted, shall be based upon the following: [Amended 6-18-2003 by Ord. No. BH:03-01]
	i.	Profile pits. Water levels shall be measured directly within soil profile pits. Profile pits shall be dug in natural soil immediately outside of or within a fifteen-foot radius of the proposed disposal system. The profile pits shall be a minimum of 10 feet in depth or to bedrock, but in no case shall the profile pit extend less than eight feet below the bottom of the proposed level of infiltration.
	ii.	Size of profile pits. The profile pit shall be of such size as to permit ready observation of earth material characteristics, depth to seasonal high water table and depth to bedrock.
	iii.	Groundwater tests. Groundwater tests shall be conducted to provide evidence of the elevations of the regional zone of saturation. Testing shall not be conducted until initial groundwater stabilization is established over a period of not less than 24 hours from the installation of the test equipment, using a test method to be proposed by the applicant's engineer and witnessed by the administrative authority or its authorized agent. Initial groundwater stabilization shall not be considered reached where the last day's level is higher in elevation than the previous day's. The usual method acceptable to the administrative authority is by piezometers. However, monitoring standpipes, installed vertically within the soil profile pits (after which the pits are backfilled) are allowed.
	iv.	Initial groundwater stabilization. Groundwater testing shall be conducted after initial (twenty-four-hour) groundwater stabilization is reached.
		(A)	Favorable conditions. Where favorable groundwater conditions exist [where none of the adverse criteria listed in Subsections v(A) or (B), below, exist] on the lot (or proposed lot) being tested, the groundwater testing shall be conducted for not less than 24 hours after initial groundwater stabilization.
		(B)	Moderate conditions. Where any of the groundwater conditions set forth in Subsection v(A), below, are found to exist anywhere on the lot (or proposed lot), testing shall be conducted for not less than three business days, during the wet season, starting after initial groundwater stabilization.
		(C)	Severe conditions. Where any of the groundwater conditions set forth in Subsection v(B), below, are found to exist anywhere on the lot (or proposed lot), testing shall be conducted weekly for eight consecutive weeks during the wet season (normally during the months of January through April).
	v.	The administrative authority will require monitoring of the water table in addition to the testing described in Subsections i through iv, above, when any of the following conditions are found to exist:
		(A)	Moderate conditions. The following groundwater conditions shall require not less than three business days testing, as set forth in Subsection iv(B) above:
			(1)	The groundwater table at any time is observed more than three feet and less than five feet of the surface of the ground;
			(2)	Where there is mottling observed within five feet of the surface of the ground, unless meeting the definition of perched as defined in 7:9A-5.8e.;
			(3)	Where the Hunterdon County Soil Conservation Service, County Soil Survey Report, shows groundwater to be within five feet of the surface of the ground, and the on-site soil profile description matches the description of the soil series in question within the County Soil Survey Report; or the soil is rated as having moderate to severe constraints for septic disposal, as determined by the Soil Conservation Service in its Soil Survey Report, together with a comparison of the soil series present at the site with the soil series description contained in the County Soil Survey Report, shall be provided by the applicant to the administrative authority; or
		(B)	Severe conditions. The following groundwater conditions shall require testing weekly during eight consecutive weeks of a wet season, as set forth in Subsection iv(C), above:
			(1)	The groundwater table at any time is observed within three feet of the surface of the ground;
			(2)	Where there is mottling observed within three feet of the surface of the ground, unless clearly and convincingly shown to have been caused by a perched zone of saturation or meeting the definition of perched according to 7:9A-5.8e.
			(3)	Where the Hunterdon County Soil Conservation Service, County Soil Survey Report shows groundwater to be within three feet of the surface of the ground, or shows non-soil to be within three feet of the surface of the ground, and the on-site soil profile description matches the description of the soil series in question within the County Soil Survey Report; or the soil is rated as having "severe" constraints for septic disposal, as determined by the Soil Conservation Service in its Soil Survey Report, together with a comparison of the soil series present at the site with the soil series description contained in the County Soil Survey Report, shall be provided by the applicant to the administrative authority; or
			(4)	Where there is a topographical feature, hydric soils, or hydrophitic vegetation within 100 feet of the test site that would indicate the likelihood of a high seasonal groundwater (less than two feet from the surface of the ground).
			(5)	Where an applicant believes that the period of testing required above should, for good cause, be shortened, and the applicant's engineer has certified that, in his or her professional opinion the results of testing conducted truly and accurately represent the seasonal high groundwater in the area, a request for a variation to shorten the testing period may be made by the applicant and considered by the administrative authority pursuant to the provisions of § 268-19 of this article.
		(C)	Testing for moderate or severe conditions shall not be discontinued when the groundwater levels for either of the last two days of testing are higher in elevation than the average daily groundwater levels of the previous days' testing.
	vi.	In addition to the testing required by Subsections iv and v, above, where the administrative authority has doubt concerning an alleged perched formation or artesian formation, the applicant may be required to perform hydraulic head testing during the months of January through April for a minimum of eight consecutive weeks. This hydraulic head test is to be conducted as prescribed by N.J.A.C. 7:9A-5.9. and read weekly over an eight-week period.
	vii.	The administrative authority may suspend groundwater testing if it is determined that there has been a significant departure from normal climatic conditions. The administrative authority may monitor the area climatic data, to establish a baseline for the determination of abnormal climatic conditions.
	viii.	All groundwater test results shall be certified by a licensed professional engineer, and all testing shall be witnessed by a representative of the administrative authority. Reports of the depth to the referenced groundwaters shall be made on forms furnished by the administrative authority.
	ix.	All test piezometers and standpipes shall be removed within 10 days after completion of the tests and approval of the test results by the Board of Health, except where authorized by the NJDEP for water quality testing. Extensions of time may be granted upon written application to the administrative authority.

(16)

Section 6.1(a) is amended to read as follows:

6.1(a) General provisions for permeability testing.
1.	The design permeability is the basis for determining the minimum required area of the disposal field. Tests shall be required at the site of each disposal field, at the level of infiltration, for determination of the design permeability.
2.	Where what would otherwise be a conventional disposal field meeting the requirements of Section 10.1(c) below will be installed, tests shall be conducted at a depth of one foot to three feet below the ground surface, within the soil horizon in which the bottom of the disposal field will be placed. When a soil replacement, mound, or mounded soil replacement installation is proposed, a minimum of two percolation tests or more, meeting the number and placement requirements shown in Appendix C of N.J.A.C. 7:9A, shall be conducted at the level of infiltration after the fill material has been installed and compacted.
3.	Fill material to be used in the zone of treatment shall meet the coarse fragment content, textural analysis and permeability requirements of N.J.A.C. 10.1(f)(4). Fill material to be used in the zone of disposal shall meet the textural analysis and permeability requirements of N.J.A.C. 10.1(f)(5).
4.	Fill material must be delivered and stockpiled at the site for testing by a qualified soils laboratory and certified by a licensed professional engineer of New Jersey, indicating the coarse fragment content (where applicable), the textural analysis and permeability rate of the material. At least one test for each five truckloads (60 cubic yards) of material must be performed, with a minimum of two samples per system. Fill materials not meeting the requirements set forth in Subsection 6.1(a)3 above will have to be replaced.

(17)

Section 6.1(c) is amended to read as follows:

6.1(c) Soil permeability class rating.
The soil permeability class rating test shall not be used in soils which are predominantly clay, silty clay, silty clay loam, sandy clay, clay loam, silt loam or silt, unless the results of the test are confirmed by another type of permeability test permitted by the Code. For further clarification on these restricted soil types, reference is made to Appendix A, Figure 6, of N.J.A.C. 7:9A.

(18)

Section 8.2(l)(3) is amended to read as follows:

8.2(l)(3) Pretreatment units.
An inspection port extending to finished grade shall be provided over each tank or compartment inlet and outlet which is not directly below a manhole, except for those where a septic solids retainer is used. Inspection ports shall extend to finished grade, shall be constructed of Schedule 40 Polyvinyl Chloride (PVC) pipe designed for usage, among other uses, in a septic system, and shall have a locked or bolted cap.

8.2(l)(3) Pretreatment units.

An inspection port extending to finished grade shall be provided over each tank or compartment inlet and outlet which is not directly below a manhole, except for those where a septic solids retainer is used. Inspection ports shall extend to finished grade, shall be constructed of Schedule 40 Polyvinyl Chloride (PVC) pipe designed for usage, among other uses, in a septic system, and shall have a locked or bolted cap.

(19)

Section 9.1 is amended to read as follows:

[Added 7-18-2001 by Ord. No. BH:01-01; 12-16-2020 by Ord. No. BH 01-2020]

9.1 Pump septic systems.
(a)	Automatically controlled electrically operated pump septic systems ("pump systems") shall be permitted only if the applicant is able to demonstrate to the administrative authority that the topography of the property does not permit the installation of a gravity system.
(b)	When permitted, such pump systems shall be subject to the requirements of the Pump Sewage Disposal Systems regulations, Ch. 268, Article II of the Readington Code, et seq.

(20)

(Reserved)[3]

[3]

Editor's Note: Former Subsection B(20), regarding excavation of disposal area, was repealed 12-16-2020 by Ord. No. BH 01-2020.

(21)

(Reserved)[4]

[4]

Editor's Note: Former Subsection B(21), regarding septic systems, was repealed 12-16-2020 by Ord. No. BH 01-2020.

(22)

Section 10.2(e) is amended to read as follows:

[Amended 12-16-2020 by Ord. No. BH 01-2020]

10.2(e). Disposal field sizing requirements.
When soil tests taken in different part of the disposal field yield different results, the system shall be designed based upon the most restrictive conditions found within the area of the disposal field. The minimum required disposal field bottom area for soil replacement gravity or pressure dosing shall be 1.61 square feet per gallon per day for disposal beds or trench systems.

(23)

A new section 10.1(f)(6) is added to read as follows:

[Added 6-18-2003 by Ord. No. BH:03-01]

The percentage by weight of fines and very fines in the fill material to be installed in the zone of treatment or the zone of disposal shall not exceed 25%.

(24)

Section 10.1(i) is added to read as follows:

10.1(i). Reserve area required.
1.	No permit for the location and construction of a new sewage/septic disposal system shall be issued unless the applicant shall have obtained a minimum of two acceptable soil profile pits and one acceptable permeability test in the primary area and a minimum of two acceptable soil profile pits and one acceptable permeability test in the reserve or replacement disposal area. The requirement for a reserve area shall not apply to repairs, alterations, or replacements of existing systems or to existing lots having an area of less than 1 1/2 acre.
2.	For subdivision purposes, all proposed subdivided lots, including lands remaining that do not have a satisfactorily operating septic system, shall have the required tests completed for both the primary and the reserve areas and the test locations shall be indicated on the sketch plat, except where the lot(s) in question are deed-restricted to prevent development.
3.	There shall be a minimum of 30 feet between fields for the primary area and the replacement area. The location and spacing of tests for the primary and the reserve areas shall conform with the requirements of N.J.A.C. 7:9A-5.2 as herein revised and as shown on Figure 1 of Appendix A. The applicant shall designate on the location survey which percolation or permeability tests and/or soil profile pits are to be used for the primary area and which percolation tests and/or soil profile pits are to be used for the expansion or replacement area.
4.	The area of the reserve or replacement area shall be equivalent to 100% of the proposed primary disposal area, shall meet all the requirements applicable to the primary disposal area and shall be outlined in the plans by a heavy dashed line marked "Reserved for Disposal Area Expansion or Replacement." No improvements or structures shall be installed or located within or adjacent to this reserved area which may adversely affect its future use as disposal area.
5.	The failure to provide a suitable and adequate reserve and replacement area, where required, shall constitute sufficient grounds for rejection of the application.

(25)

Section 12.1 is amended to read as follows:

12.1 Advised inspection and maintenance.
(a)	A property owner having an individual septic disposal system should have the system inspected by a licensed professional engineering firm or a person or firm that commercially installs or services septic systems (hereinafter "qualified professional") at least every three years.
(b)	The purpose of the inspection is to determine whether the system is functioning satisfactorily and whether any preventive maintenance is needed to prevent future failure. The inspection should include the following:
	1.	Pumping of the septic tank to remove accumulated solids and sludge.
	2.	Inspection of the septic tank for evidence of leakage out of or into the unit, including visible holes, cracks, or corrosion, or noticeable seepage of groundwater into the unit after it has been pumped out; inspection for signs of clogging or effluent backup indicated by a liquid level higher than the invert of the outlet.
	3.	Where access permits, inspection of the distribution box for levelness, evidence of solids carry-over from the septic tank, leakage out of or into the unit, including visible holes, cracks, or corrosion, or noticeable seepage of groundwater into the unit, signs of clogging or effluent backup indicated by a liquid level higher than the invert of the outlets.
	4.	Inspection of the disposal field for signs of hydraulic failure, including, but not limited to, ponding of rainwater or effluent, surface breakout of effluent, wet or soggy soils conditions, or sewage odor emanating from the area of the disposal field; condition of surface grading and vegetation, evidence of uneven ground settlement, slope failure, erosion or ruts caused by vehicular traffic; levels of effluent ponding determined by means of inspection ports where available; encroachments into the area of the disposal field, including driveways, patios and other forms of encroachment which may affect the operation of the system; and improperly directed drainage from roofs, footing drains, ditches or swales, or any other unauthorized source of hydraulic loading.
(c)	This Section 12.1 is advisory in nature and therefore no penalty is provided for the violation thereof.

§ 268-20 Testing procedures; indemnification agreement.

[Amended 10-20-1999 by Ord. No. BH:99-02]

The applicant(s) shall be responsible for providing adequate safety measures to permit safe access to any excavated test area during the test procedures, as well as appropriate warning signs and fencing, to limit access to the excavation by the public when it is left unattended. Neither the administrative authority nor the Township of Readington, nor any of their officials, agents or employees, shall be responsible for any claims or liabilities arising out of or connected with any excavation(s) made for soil testing purposes. Such testing procedures shall be conducted solely at the risk of the owner, applicant, developer or purchaser of the property and/or their agents and employees conducting the excavation. Further, the following indemnification agreement shall be signed by or on behalf all applicants:

THIS DOCUMENT

HAS IMPORTANT LEGAL CONSEQUENCES

AND

SHOULD BE REFERRED TO YOUR LAWYER

PRIOR TO SIGNING

(I) ______________ (We) ______________________________________________, the applicant(s) for the observation and witnessing by a representative of the BOARD OF HEALTH of a test of soil characteristics in connection with (check one) ___ construction, ____________ alteration, or ___, repair of a subsurface individual sewage disposal system on Block ______, Lot _____, in Readington Township, New Jersey, in consideration of the participation by the BOARD OF HEALTH OF THE TOWNSHIP OF READINGTON (BOARD OF HEALTH) in the site evaluation procedure for the design and location of a septic system on the subject property, acknowledge (my) (our) responsibility for providing adequate safety measures to permit safe access to the excavated test area during the test procedures, as well as appropriate warning signs and fencing, to limit access to any excavation by the public when the excavation is left unattended and (I) (we) hereby agree to defend, indemnify and save harmless the BOARD OF HEALTH and the TOWNSHIP OF READINGTON and their elected and appointed officials, agents and employees, from and against any and all claims and liabilities (including, without limitation, attorneys' fees) arising out of or related to any excavation.
This indemnification agreement shall apply notwithstanding the actual or alleged negligence of those to be indemnified, but shall not apply to claims or liabilities arising solely from the negligence of those to be indemnified.

	Signature of Applicant

	Printed Name of Applicant

	Street Address

	City, State, Zip Code

	Date

§ 268-23 Fees and charges.

[Amended 10-20-1999 by Ord. No. BH:99-02; 2-29-2000 by Ord. No. BH:00-01; 12-18-2013 by Ord. No. BH:01-2013; 4-20-2016 by Ord. No. BH:01-2016]

The following fees and charges are hereby established:

(1)

For the filing of an application and plans to locate and construct an individual sewage disposal system, plan review by the Hunterdon County Department of Health, site inspection, issuance of permit and installation inspections: $250.

(2)

For the filing of an application and plans for a permit to alter an existing individual sewage disposal system and issue said permit: $225.

(3)

For filing an application for the repair of an existing individual sewage disposal system: $90.

(4)

For re-review (after initial plan rejection): $15.

For the observation of a test of soil characteristics by a representative of the administrative authority, a minimum advance fee for services of $300 per lot per day will be charged with a minimum of two days.

[Amended 12-16-2020 by Ord. No. BH 01-2020]

The charges of the representative of the administrative authority will be based on a daily rate of $300 per lot per day.

[Amended 12-16-2020 by Ord. No. BH 01-2020]

Applications and appropriate fees shall be on file with the administrative authority at least five working days prior to the requested witnessing time. In the event these fees are not received within this time frame, it will be within the administrative authority's rights to cancel the appointment for the witnessing.

Tests which are canceled due to adverse weather conditions (conditions which prevent the tests from being performed) or canceled at least one business day prior to the scheduled start of the test will be exempt from any witnessing fee. The daily $300 fee shall be applied for all other cancellations on the part of the applicant.

[Amended 12-16-2020 by Ord. No. BH 01-2020]

The above fees may be adjusted by resolution as agreed to by the majority of the administrative authority.

The above fees shall automatically change to keep pace with changes to the environmental health services fees charged by the Hunterdon County Department of Health pursuant to the ordinance of the County of Hunterdon pertaining to the same items.