[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 8-15-1995 as Ord. No. 8-95.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 269, Sewage
Disposal Systems, adopted by the Board of Health 5-6-1981 as Ord. No. BH2-81,
as amended.
This chapter establishes a code, supplementary to the New Jersey State
Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A,
effective January 1, 1990), regulating the location, design, construction,
installation, maintenance, repair and/or alteration of individual subsurface
sewage disposal systems (i.e., septic systems) for nonindustrial uses in the
Borough of Florham Park.
For the purpose of this chapter, the following terms shall have the
meanings set forth:
The Board of Health of the Borough of Florham Park or its authorized
agent.
A certificate issued by the Board of Health certifying that an individual
subsurface sewage disposal system has been installed in such a manner as to
meet the Standards for Individual Subsurface Sewage Disposal Systems and the
standards of this chapter, including all the terms and conditions of approval
imposed by the Board of Health pursuant to the issuance of the certificate
of compliance.
A certificate issued by the Board of Health certifying that a proposed
individual subsurface sewage disposal system or an alteration of any such
system is in compliance with the provisions of Standards for Individual Subsurface
Sewage Disposal Systems and the standards of this chapter.
A system of collecting and conveying sewage from various premises
for treatment and disposal at a sewage disposal plant approved by the State
Department of Environmental Protection.
The standards established and adopted by this chapter are described
and commonly known as N.J.A.C. 7:9A, Standards for Individual Subsurface Sewage
Disposal Systems, and have been placed on file in the office of the Secretary
of the Board of Health for use and examination by the public.
Three copies of said Standards for Individual Subsurface Sewage Disposal
Systems have been placed on file in the office of the Secretary of the Board
of Health for use and examination by the public.
The Standards for Individual Subsurface Sewage Disposal Systems shall
constitute the Board of Health's minimum requirements for the location,
design, construction, installation, maintenance, repair and/or alteration
of individual subsurface sewage disposal systems. Administration of those
standards shall apply except to the extent that higher standards are fixed
by this chapter and any amendments hereto which may be made by the Board of
Health in accordance with the provisions of this chapter. Further, more stringent
standards may be established by this chapter and any amendments hereto (which
may be adopted from time to time by the Board of Health), as approved by the
State Department of Environmental Protection.
A.
No person shall locate, construct, install, repair or
alter any individual subsurface sewage disposal system until a certificate
of compliance - location and design is issued by the Board of Health.
B.
A certificate of compliance - location and design shall
be issued only on compliance with this chapter, on forms provided by the Board
of Health and upon payment of the fee required.
C.
Any individual subsurface sewage disposal system for
which a certificate of compliance - location and design has been issued shall
not be placed in operation until such time as the Board of Health issues a
certificate of compliance - installation.
D.
A certificate of compliance - installation shall be issued only upon determination by an authorized agent of the Board of Health that a new system or an alteration of an existing system has been constructed in accordance with the provisions of this section and upon payment of all required fees, including any fees for additional inspections required pursuant to § 269-11H hereof.
E.
Deviations from the standard. The Board of Health, subsequent
to approval of the State Department of Environmental Protection, may approve
deviations from the standard when site conditions indicate that such deviations
are desirable or necessary and will not threaten public health or environmental
quality. The applicant should consult with the Board of Health regarding specific
problems requiring possible deviation from the standard. Any deviation from
the standard requires the approval of the Board of Health and the State Department
of Environmental Protection.
A.
Prior to applying for a certificate of compliance - location
and design, any person proposing to construct a new subsurface sewage disposal
system, expand an existing system or alter the disposal field, disposal bed,
disposal trenches or seepage pit of an existing subsurface sewage disposal
system shall conduct the necessary soil investigations required by this standard.
All investigations shall comply with the following:
(1)
All permeability tests, water table investigations and
soil log information shall be conducted, performed and provided at the sole
expense of the applicant.
(2)
No test for the determination of soil characteristics
shall be reported in any application for a certificate of compliance - location
and design for a new individual subsurface sewage disposal system or for the
alteration of an existing individual subsurface sewage disposal system unless
the test is conducted in accordance with this chapter.
(3)
At least 15 days prior to the planned performance of
the soil testing, the applicant shall make a formal written request for witnessing
said investigations with the Board of Health. The written request, at a minimum,
shall include the following:
(a)
Lot and block number where the tests are to be conducted.
(b)
Plan of the area illustrating wetlands, watercourses,
water mains and any other land features within 100 feet of the proposed disposal
area that may limit the location of the disposal system as provided in Subchapter
4 of the standard.
(c)
Soil information map, superimposed on the above-referenced
drawing, as obtained from the Morris County Soil Survey or other acceptable
source.
(d)
The proposed location and number of test pits to be excavated
and a statement as to the permeability test method to be used.
(f)
Tentative/proposed date for performing the tests.
(4)
At least 48 hours prior to the proposed date of testing,
the applicant shall confirm acceptance of the application by the Board of
Health and verify scheduling of the inspector/authorized agent.
B.
All applications or a certificate of compliance - location
and design shall be made on the forms provided by the Board of Health. A plan
of the proposed individual subsurface sewage disposal system shall be signed
and sealed by a professional engineer and shall accompany each application.
The plan shall show locations of all existing and proposed features as outlined
in the standard and as requested by the Board of Health. The minimum plan
scale shall be one inch equals 30 feet, and the minimum contour elevation
interval shall be two feet. A key map with a scale of one inch equals 200
feet shall be included on the plan.
C.
At least 72 hours prior to the commencement of construction
for any new system, expanded system or modification or alteration of an existing
subsurface sewage disposal system, the applicant shall provide written notification
to the Board of Health as to the person in responsible charge of the construction.
This notification shall be accompanied by check in accordance with the fee
schedule herein for the required inspections[2] and shall indicate the estimated starting and finishing dates.
D.
Inspection.
(1)
The construction of the system must be inspected and
approved by the authorized agent of the Board of Health. At a minimum, the
following inspection shall be performed:
(a)
Upon completion of excavation for the disposal bed prior
to placing stone.
(b)
Upon completion of all pipe installation prior to backfilling.
(c)
Upon completion.
(d)
Any additional inspections considered necessary by the
authorized agent based upon the observations and findings of prior inspections.
(e)
Any additional inspections required pursuant to the certificate
of compliance - location and design.
(2)
It is incumbent upon the holder of the certificate of
compliance - location and design to schedule all required inspections. The
Board shall not be held responsible for any delays associated with scheduling
or providing inspections. A certificate of compliance - installation shall
not be issued for any system that is not constructed, inspected and approved
in accordance with this chapter.
No disposal system shall be placed in use or operation, nor shall any
new dwelling, building or addition be sold or occupied, where sanitation relies
upon an individual subsurface sewage disposal system, until the Board of Health
has issued a certificate of compliance - installation for the completed disposal
system.
In case any permit or certificate provided for in this chapter is denied
by the Board of Health, a hearing shall be held thereon before the Board within
15 days after written request therefor is made by the applicant, and, upon
such hearing, the Board shall affirm, alter or rescind its previous determination
and take action accordingly within 15 days after the date of such hearing.
A.
The Board of Health may order all work in or about any
individual subsurface sewage disposal system to be stopped forthwith, except
such work as necessary to remedy the violation, whenever in the Board's
opinion the work is not being performed in accordance with the certificate
of compliance - location and design or established standards. Under such circumstances,
should the Board or authorized agent determine that certain work must be completed
and/or performed to remedy a potential public health, environmental or safety
hazard, the Board may direct the performance of same without compromising
or otherwise negatively affecting the Board's rights and obligations
under this chapter.
B.
Whenever a stop-work order is issued, the person to whom
the certificate of compliance - location and design was issued must provide
the following information to the satisfaction of the Board before construction
may resume:
(1)
Cause of the circumstances resulting in the stop-work
order and steps to be implemented to assure such circumstances will not be
repeated.
(2)
Identification of any remedial work to be done to remedy
improper work and consent to perform same.
(3)
Payment of additional fees as may be determined by the
Board to be required for additional inspections.
The following fees for inspections and reinspections and charges for
filing applications and plans for permits that are issued pursuant to this
chapter are fixed and established as follows. Fees based on time shall be
per unit or major fraction thereof and construed as a minimum.
A.
For filing an application and plans for a permit to locate
and construct an individual subsurface sewage disposal system: $200.
B.
For filing an application and plans for a permit to alter
or repair an existing individual subsurface sewage disposal system: $125.
E.
For each inspection requested by an owner or occupant
of a premises, per hour: $50.
F.
For each interim inspection of septic system work in
progress, per 1/2 hour: $25.
G.
For each final inspection of work as constructed: $30.
H.
For each reinspection of an individual subsurface sewage
system or part thereof caused by failure to locate, construct or alter the
same in accordance with this chapter and the terms of the permit issued therefor,
per hour: $50.
The Board of Health may adopt, promulgate and enforce such rules and
regulations as it may deem necessary or advisable in connection with this
chapter.
A.
Any person who is convicted of violating this chapter
shall be subject to a penalty or a fine not exceeding $1,000, imprisonment
in the Morris County Jail for a term not to exceed 90 days, or community service
for a period of time not to exceed 90 days, or any combination of these sanctions.
B.
Any person who is convicted of violating this chapter
within one year of the date of a previous violation of this chapter and was
fined for the previous violation may be sentenced by the court to an additional
penalty as a repeat offender. The additional fine imposed by the court for
the repeated offense shall not exceed the maximum fine fixed for a violation
of the chapter and shall be calculated separately from the penalty imposed
for the subsequent violation of the chapter.
C.
Any person convicted for the violation of this chapter
who is in default of the payment of any fine imposed therefor may be imprisoned
in the county jail for any term not to exceed 90 days or be required to perform
community service for a period not to exceed 90 days.
