[HISTORY: Adopted by the Board of Health of the Borough of Franklin
10-6-1975 as Ch. BH:III of the 1975 Code. Amendments noted where applicable.]
A code regulating the location, construction, use, maintenance and method
of emptying for cleaning of individual sewage disposal systems, the issuance
of licenses and permits to locate, construct, empty or clean said systems
and fixing penalties for the violation thereof is hereby adopted pursuant
to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code is annexed hereto and
made a part hereof without inclusion of the text thereof herein.
The code established and adopted by this chapter is described and commonly
known as N.J.A.C. 7:9A-1.1 et seq., Standards for Individual Subsurface Sewage
Disposal Systems.
Three copies of N.J.A.C. 7:9A-1.1 et seq. have been placed on file in
the office of the Secretary, Clerk or other similar officer of the Board of
Health and shall remain on file in the office for the use and examination
of the public.
A.
Required. No person shall locate, construct or alter
any individual sewage disposal system until a permit for the location, construction
or alteration of the sewage system is issued by the Board of Health.
B.
Issuance. The Board of Health may issue a permit if an
application for the same is accompanied by a certificate made by an engineer
licensed to practice professional engineering in New Jersey stating the design
of the individual sewage disposal system as proposed is in compliance with
the code.
A.
New individual disposal systems shall not be placed in
operation, nor shall new dwellings or buildings or additions thereto be sold
or occupied which shall rely on such a system for sewage disposal, until the
Board of Health issues 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 alteration to an existing sewage disposal system.
B.
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 disposal
system has been located and constructed in accordance with the terms of the
permit issued and the requirements of the aforesaid code.
A.
Persons shall not engage in the business of emptying
or cleaning septic tanks, cesspools, privies or any place used for the reception
or storage of human excrement who do not hold a license to engage in such
business issued by the Board of Health. Such licenses shall be valid for a
period of one year from the date of issuance, which shall be July 1, but such
license may be renewed by the Board of Health. The license may be revoked
for failure of the licensee to comply with the provisions of the code or any
rule or ordinance of the Board of Health.
B.
The contents of any septic tank, cesspool, 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.
In case any permit or certification 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 such hearing.
A.
No person shall engage in the business of constructing,
reconstructing or extending septic tanks or other individual sewage disposal
systems or part thereof without obtaining a license to do so from the Board
of Health upon the payment of a license fee and upon proof of the applicant's
knowledge and experience in the installation of sewage disposal devices for
the period commencing July 1 and ending June 30, or part thereof, and a fee
for each such period thereafter.
B.
Any person who has been duly licensed by the Board of Health in accordance with Subsection A shall be entitled to obtain a permit and allow a subcontractor or homeowner to work under his supervision on compliance with the terms of this chapter, the provisions of the code and any rule or ordinance of the Board of Health and upon payment of all fees and charges.
All permits provided for under the terms of this chapter shall expire
one year after the date of issuance.
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 such violation, and thereafter the work continued without any violation
of any of the provisions of the code, and after issuance of any such order
and the service of a copy thereof upon any person connected with or working
in and about the erection or installation of any such disposal system or any
part thereof, no further work shall be done thereon except as aforesaid.
Filing fees and charges shall be as set forth in Chapter 119, Fees.
No officer, agent or employee of the borough shall issue a building
permit pursuant to plans and specifications which include or should include
provisions for the construction or alteration of any individual sewage disposal
system unless he has been notified in writing by the Board of Health or its
authorized representative stating that the provisions of this chapter have
been complied with and a permit has been issued in accordance with this chapter.
