[HISTORY: Adopted by the Board of Health
of the Borough of Branchville 9-14-83. Amendments noted where applicable.]
The standards to be applied in the enforcement
of this chapter shall be the Standards for the Construction of Individual
Subsurface Sewage Disposal Systems, N.J.A.C. 7:9-2.1 to 7:9-2.98,
and any amendments thereto, hereinafter referred to as the "standards."
Three copies of the standards have been placed
on file in the office of the Secretary, Clerk or other similar officer
of the Board of Health upon the introduction of this chapter and will
remain on file in said office 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 said system has been issued by the Board
of Health. Application for a permit shall be made on a form provided
by the Board of Health.
The Board of Health may issue a permit if any
application for same bears a New Jersey licensed professional engineer's
seal signifying that the design meets the standards. Any design change
will require submission of a revised application bearing an engineer's
seal as described above.
New individual sewage 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
of sewage disposal, until the Board of Health has issued a certificate
indicating that the system has been located and constructed in compliance
with the terms of the permit and the standards. Issuance of such certificate
of compliance 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 individual sewage disposal system has been located
and constructed in accordance with the terms of the permit and the
standards.
The issuance of a certificate of compliance
shall only constitute certification that the individual sewage disposal
system has been constructed in compliance with the standards. It shall
not be construed as a guaranty that the system will function satisfactorily,
nor shall it in any way restrict the powers or responsibilities of
the administrative authority in the enforcement of any law or ordinance
relating to public health.
If a permit application 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.
The Board of Health may order work stopped on
any individual sewage disposal system which is being installed in
violation of this chapter.
The Board of Health may require that the design for an individual sewage disposal system be revised if conditions found prior to or during construction warrant such change to obtain compliance with the standards. Any design change will require a revised application as described in § 144-4.
The Board of Health may conduct inspections
to determine whether the individual sewage disposal system is constructed
in accordance with the approved design and the standards. The system
or parts thereof shall be accessible for inspection until approved.
The Board of Health may require any information
or soils tests it deems necessary to confirm that the system is constructed
in accordance with the standards.
Individual sewage disposal systems shall not
be designed, constructed, altered, located or maintained in a manner
that will create a nuisance or permit the discharge of an effluent
onto the surface of the ground or into any waters of the state.
[Amended 10-6-2021 by Ord. No. 07-2021]
All fees and charges will be in accordance with
the Sussex County Fee Schedule.
[Amended 10-6-2021 by Ord. No. 07-2021]
Any person or persons, firm, or corporation
violating any of the provisions of or any order promulgated under
this chapter or the standards made a party hereof shall, upon conviction
thereof, pay a penalty in accordance with the Sussex County Fee Schedule.
Each day a particular violation continues shall constitute a separate
offense.
