[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[1] shall comply with the operation and maintenance requirements set forth under N.J.A.C. 7:9A-12.1.
[1]
Editor's Note: Ord. No. 512-93, which was adopted on March 25, 1993, was effective on April 25, 1993.
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[1] 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.
[1]
Editor's Note: For gravity flow systems, the reports will be required on an annual basis rather than quarterly.
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.
F. 
Witness fee: $125.
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.[1]
[1]
Editor's Note: For statutory penalty provisions pertaining to violations of health ordinances and sewage disposal construction standards, see N.J.S.A. 26:3-70 and 26:3-71 and N.J.S.A. 58:11-38 and 58:11-39. N.J.S.A. 26:1A-9 provides that the State Sanitary Code is enforceable in every municipality.
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.