[Derived from Sec. 29-4 of the 1999 Code
of the Township of Clinton]
The New Jersey State Department of Environmental
Protection has promulgated certain regulations known as "Standards
for the Construction of Individual Subsurface Sewage Disposal Systems
(1989)" [N.J.A.C. 7:9A-1 et seq.] establishing standards for the location
and construction of sewage disposal systems, which standards shall
be controlling unless higher standards are prescribed by the local
Board of Health. These standards are hereby adopted pursuant to N.J.S.A.
26:3-69.1 to 26:3-69.6, together with the amendments and supplements
thereto as may be changed from time to time. A copy of the standards
is annexed hereto and made a part hereof without inclusion of the
text therefor herein.
The standards established and adopted by this
article are described and commonly known as "Standards for Individual
Subsurface Sewage Disposal Systems (1989)" as promulgated by the New
Jersey Department of Environmental Protection, together with any amendments
and supplements.
Three copies of the Standards for Individual
Subsurface Sewage Disposal Systems (1989), as amended by the Clinton
Township Board of Health, have been placed on file in the office of
the Secretary of the Board of Health upon introduction of this article
and will remain on file in that 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, alteration or repair of that sewage disposal system
shall have been issued by the Administrative Authority as defined
in N.J.A.C. 7:9A-2.1.
New individual 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 system for sewage
disposal until the Board of Health shall have issued 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 be required
for alterations to an existing individual disposal system.
Persons who do not hold a proper license to
engage in such business 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.
The Administrative Authority may issue a permit
if the application is determined to be in compliance with the regulations
adopted under this article and applicable local ordinances. The Administrative
Authority reserves the right to impose additional requirements which
in its judgment, or its authorized agent's judgment, such requirements
are warranted.
All individual subsurface sewage disposal systems
constructed, repaired or certified for operation after the effective
date of this article shall comply with the operation and maintenance requirements
set forth under N.J.A.C. 7:9A-12.1.
New individual subsurface sewage disposal systems
shall not be placed in operation, nor shall any dwelling or buildings
or additions thereto be sold or occupied, which rely on such a system
for sewage disposal, until the Administrative Authority shall have
issued a certificate indicating that the subsurface disposal system
has been located and constructed in compliance with the terms of the
permit issued, the provisions of the Municipal Code and the provisions
of N.J.A.C. 7:9A-1.1 et seq.
Any approved application for the location, construction
and/or alteration of an individual subsurface sewage disposal system,
issued after the passage of this article, shall be valid for a period
of three years from the date of issuance. Thereafter, a new approved
application must be obtained, which will be reviewed under the regulations
in effect at the time of the new application.
A. Quarterly operating reports will be required to be submitted to the Township Beard
of Health by the owner of any professional or general office building,
commercial use building, shopping center building, factory or manufacturing
building utilizing a septic disposal system. Included in these reports
will be:
(1) Flows into septic systems utilized by commercial buildings
measured by a calibrated meter or meters measuring the total water
supply to the building, unless a prior special exception has been
granted by the Board of Health. Where flows into any septic system,
for which a permit has been issued after the adoption of this article,
exceeds 2,000 gallons per day for more than 15 days in each of two
consecutive months, the Board shall require the owner to secure a
state NJPDES permit for continued and/or additional occupancies at
the site.
(2) Any repairs or alterations to the system during the
report period.
(3) Any inspections made of the system during the report
period.
(4) Any malfunctions noticed or occurring during the report
period, including inoperative or malfunctioning flow meters.
(5) Any sludge removal from the septic tank during the
report period.
(6) Any change in building occupancy or operations that
may affect the flow or characteristic or wastewater discharged to
the system.
B. Any buildings with septic systems installed prior
to the adoption of this article which were required to provide monthly
reports, prior to the adoption of this article, shall continue to
provide the reports as previously required.
[Amended 9-12-2018 by Ord. No. 1119-18]
A. Section 7:9A-5.2 of the standards is amended as follows:
The identification numbers of test holes shall coincide with those
on the field record of the Administrative Authority's witness. Acceptable
percolation tests shall be marked on site with numbered stakes. The
soil log location shall be marked with a metal fence post extending
at least 2.5 feet above ground.
B. Section 7:9A-6.2(c) of the standards is amended as
follows: When the tube permeameter test or the soil permeability class
rating test is used, a minimum of four replicate samples shall be
taken, two of which shall be given to the Administrative Authority
or its authorized agent for independent testing. All samples taken
shall be tested in accordance with the procedures outlined in this
Sections 7:9A-6.2, 14(d) and 7:9A-6.3(a) through (h).
C. Section 7:9A-6.5(c)3 of the standards is amended as
follows: Backhoe bucket may not be used to bail water. Bucket can
be used to lift a bailing container in and out of test pit.
All commercial applicants will reserve a portion of the property to accommodate a backup subsurface sewage disposal system in the event the primary system malfunctions or fails. Any applicants, commercial or residential, installing a nonconventional system will likewise be required to reserve a portion of the site for similar purposes. Any such reserved site must meet the requirements of Subchapters 4 and 5 and any other applicable subchapter of the standards, Chapter
7:9A.
Whenever an applicant for a septic permit cannot
meet the restrictions imposed by the Administrative Authority because
the applicant is unable to meet the regulations due to limited site
conditions, the Administrative Authority shall have the power to request
deed restrictions on the property which are deemed necessary by the
Administrative Authority in order to bring the system as close to
conformance as possible and to protect the public health, safety and
welfare.
A. For the filing of an application and plans to construct
an individual sewage disposal system, plan review, site inspection,
issuance of permit and installation inspection: $200.
B. For the filing of an application and plans for a permit
to alter an existing individual subsurface sewage disposal system
and issuing of said permit: $100.
C. For filing an application for repair: $50.
D. Application renewal fee: $50.
E. Please note that if the applicant chooses to use the
tube permeameter test, a basin flood test or pit bailing test or soil
permeability class rating test, an additional fee will be charged
to the applicant to cover the cost of analyzing a duplicate test,
which will then be required to be taken by the Administrative Authority's
authorized agent. The additional fee shall not exceed $50. The current
fee schedule can be obtained from the Administrative Authority.
In case any permit or certification required
by this article 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 all further work
in and about any individual sewage disposal system which is being
erected, repaired or installed in violation of this 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 this code. 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.
A. Maximum penalty. Any person violating any of the provisions
of this article or any order promulgated under the Individual Sewage
Disposal System Code of New Jersey (1963) made a part hereof shall,
upon conviction thereof, pay a penalty of not less than $200 nor more
than $500 for each violation. Complaint shall be made in the Municipal
Court of the Township or before any other court having jurisdiction
under the laws of the State of New Jersey. The penalty shall be collected
and enforced by summary proceeding in accordance with the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.). Process shall issue at
the suit of the Board of Health and shall be either in the nature
of a summons or warrant. The Municipal Court shall have the power
to impose other and additional penalties as may be provided by N.J.S.A.
26:3-77 and 26:3-78, including imprisonment for failure to pay judgment.
B. Separate violation. Except as otherwise provided,
each and every day in which a violation of any of the provisions of
any section of this article exists shall constitute a separate violation.
C. Collection of fees and penalties. All fees and penalties
collected under any section of this article shall be paid to the Treasurer
of the Township.