[HISTORY: Adopted by the Board of Health of the Borough of Hopatcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer Utility — See Ch. 47.
Sanitary Code — See Ch. 274.
[Adopted 5-16-1969]
[Amended 2-28-1990]
The amendments to P.L. 1954, c. 199,[1] enacted by the State of New Jersey (N.J.A.C. 7:9-1.1 et seq.), regulating the location, construction, repair, replacement, use, maintenance and method of emptying for cleaning of individual sewage disposal systems; the issuance of licenses and permits to locate, construct, repair, replace, use, maintain and empty for cleaning of said systems; and the fixing of the penalties for the violation thereof is hereby adopted by reference, except as hereinafter modified. A copy of said regulations is annexed hereto and made a part hereof.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
[Amended 2-28-1990]
The amendments established and adopted by this article are described and commonly known as the "Standards for Individual Subsurface Sewage Disposal Systems," and are set forth in the Administrative Codes as N.J.A.C. 7:9-1.1 et seq.
[Amended 10-23-1974; 8-27-1975; 1-15-1986; 2-28-1990]
A. 
Three copies of this article and N.J.A.C. 7:9-1.1 et seq. have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this article and will remain on file in said office for use and examination by the public. Further, the Board of Health has available copies of this article and N.J.A.C. 7:9-1.1 et seq., which are available upon request and with the payment of the required fee.
B. 
Modifications. N.J.A.C. 7:9A-10.5(e)5 is hereby modified to provide that the slope for either the top surface of the fill layer or the retaining wall or berm of soil be at a grade of 4:1 or less, not 3:1 or less.
C. 
The administrative authority, as referred to in the aforesaid regulations, shall be construed to mean the Board of Health of the Borough of Hopatcong.
D. 
In the event that the provisions of N.J.A.C. 7:9-1.1 et seq. are modified or changed in the future, this article shall be deemed amended to incorporate such modifications or changes upon their enactment by the State of New Jersey.
A. 
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.
B. 
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 or by a licensed health officer or sanitarian of the State of New Jersey stating that the design of the individual sewage disposal system as proposed is in compliance with N.J.A.C. 7:9-1.1 et seq.
[Amended 2-28-1990]
C. 
A septic permit shall be required for the reconstruction of a dwelling, dwelling units and commercial buildings. Reconstruction shall be deemed to constitute demolition of a structure and replacement of that structure. Where a dwelling, dwelling units or a commercial building is to be demolished and replaced with a new structure, the following requirements shall apply:
[Added 2-4-2015 by Ord. No. 2-2015]
(1) 
For property capable of having a septic system installed in accordance with current code requirements. Where a septic system in compliance with current code requirements can be constructed on the lot, the owner shall provide a septic design in compliance with the current code requirements and shall have a system installed in accordance with an approved design for a house having the same number of bedrooms as proposed by the owner or, in the case of a commercial or nonresidential building, in compliance with the current code requirements for the reconstructed/remodeled building.
(2) 
For property not capable of having a septic system installed in accordance with current code requirements. If the property owner asserts that a septic system in compliance with current codes cannot be constructed on the lot, the property owner shall apply to the Board of Health for a variance from the requirement that the septic system be in compliance with current codes. The property owner shall submit to the Board of Health a septic design that is closer in compliance with the current codes; that employs the current, best technologies authorized by the NJDEP; and achieves the highest water quality standards for the effluent discharge to the disposal area. The property owner's proposed septic design shall be filed with the Board at least 14 days before the hearing date for the variance so as to allow the Board adequate time to review same and to provide comments and recommendations with respect to same. All septic designs shall be filed in the PDF file format. The applicant shall establish to the Board that the existing building is a habitable dwelling with an existing method of sewage disposal. The applicant is required to provide proofs that the property is either served through a public water system (including surface water) or a drilled well. If the applicant is unable to provide such proofs, the application will be treated as an application for construction of a new septic system under current code requirements. If the property is not served by public water or does not have access to a drilled well, the owner must have a well drilled in compliance with current code requirements.
(3) 
Increase in number of bedrooms or change in use or size of the commercial or nonresidential building. If the owner proposes an increase in the number of bedrooms in the home compared to the number of bedrooms in the former dwelling, or proposes a change in use or size of the commercial or nonresidential building which would increase the required capacity of the septic system, the septic system must be designed and constructed in accordance with current code requirements. It is the applicant's burden to provide proofs to establish the number of bedrooms in the former and proposed dwellings and previously approved capacity of a septic system for the commercial or nonresidential building.
(4) 
Other approvals. Approval of the septic system to service the reconstructed/remodeled building shall be subject to a requirement to obtain zoning approval and or site plan approval as may be applicable.
[Amended 2-28-1990]
A. 
New individual sewage disposal systems shall not be placed into operation, nor shall new dwellings or buildings or additions thereto which must rely on such a system for sewage disposal be sold or occupied, nor shall altered or repaired systems be used, until the Board of Health shall have issued a certificate indicating that said disposal system has been located, constructed and/or altered or repaired in compliance with the terms of the permit issued and the requirements of N.J.A.C. 7:9-1.1 et seq.
B. 
The Board of Health may issue such a certificate if an engineer, health officer or sanitarian duly licensed by the State of New Jersey submits to the Board of Health a statement in writing signed by him that the said disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the aforesaid N.J.A.C. 7:9-1.1 et seq.
C. 
Septic systems shall be completely installed, inspected and approved by the Health Officer on lots under 15,000 square feet before a footing inspection is performed on the dwelling.
[Added 6-28-2006 by Ord. No. 23-2006]
[Amended 10-23-1974]
Persons shall not engage in the business of constructing, reconstructing or extending septic tanks or any other individual sewage disposal system, or part thereof, without first having obtained a license to do so from the Board of Health or its authorized representative. The applicant must show proof of his knowledge and experience in the installation of sewage disposal devices. Such licenses shall be valid for a period of one calendar year, expiring on December 31, but may be renewed by the Board of Health. Said license may be revoked for failure of the licensee to comply with the provisions of N.J.A.C. 7:9-1.1 et seq. or any regulation, ordinance or directive of the Board of Health.
In case any permit or certificate required by this article is denied by the Board of Health, a hearing shall be held thereon before the Board of Health within 15 days after a request thereof 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 or installed in violation of N.J.A.C. 7:9-1.1 et seq. 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 N.J.A.C. 7:9-1.1 et seq.; and after the 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.[1]
[1]
Editor's Note: Original § 61-9, Fees and charges established, as amended, which immediately followed this section, was repealed 2-28-1990.
[Amended 2-28-1990]
A. 
Any person or persons, firm or corporation violating any provisions of or any order promulgated under this article or N.J.A.C. 7:9-1.1 et seq., incorporated by reference herein, shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $5,000 for each violation.
[Amended 9-15-1999 by Ord. No. 22-99]
B. 
Each day a particular violation continues shall constitute a separate offense.
C. 
The penalties provided herein are in addition to any civil penalties which may be imposed under N.J.A.C. 7:9-1.1 et seq.
D. 
In addition to the fines and penalties set forth herein, any person who shall violate any of the provisions of this article shall reimburse the Borough of Hopatcong for all cost incurred in correcting or terminating any adverse effects upon the environment as a result of the violation. Any person shall further reimburse the Borough of Hopatcong for all cost of investigation, inspection and prosecution involved in the correction of any violation of this article, including reasonable costs for litigation and attorney's fees. All costs awarded to the Borough of Hopatcong pursuant to this subsection shall constitute an assessment and a lien against the subject property and shall accrue interest as provided by law.
[Added 9-15-1999 by Ord. No. 22-99]
[Adopted 2-15-1984]
As used in this article, the following terms shall have the meanings indicated:
LOT
A tax lot shown on the tax maps of the Borough of Hopatcong.
SEWAGE DISPOSAL SYSTEM
Any method or system of removing and disposing of sanitary sewage.
SHARED SEWAGE DISPOSAL SYSTEM
Any sewage disposal system which, in whole or in part, services more than one structure, where said structures are situate on different lots.
STRUCTURE
Does not include an accessory structure as defined in Chapter 242, Zoning, of the Code of the Borough of Hopatcong.
A. 
The construction or alteration of any shared sewage disposal system is hereby prohibited. This prohibition shall not be deemed to prohibit the maintenance, including pumping, of any shared sewage disposal system existing prior to the passage of this article.
B. 
The prohibition in the foregoing subsection shall not be deemed to compel any person or entity who or which is the owner or occupant of any property or properties on which such a system is located to be immediately converted into a sewage disposal system or systems which are not in violation of this article; however, no such system may be altered or repaired, and in the event any such system requires alteration or repair, the Health Officer of the Borough of Hopatcong or other applicable enforcement officer shall not permit the same unless and until the owner or occupant has modified such system so as to make such system not in violation of this article.
A. 
The construction or alteration of any sewage disposal system not totally located within the boundary lines of the property on which the structure or structures such system services is located is hereby prohibited. This prohibition shall not be deemed to prohibit the maintenance, including pumping, of any such sewage disposal system existing prior to the passage of this article. For the purposes of this section, "property" is hereby defined as a single tax lot as shown on the tax maps of the Borough of Hopatcong.
B. 
The prohibition in the foregoing subsection shall not be deemed to compel any person or entity who or which is the owner or occupant of any property or properties on which such a system is located to be immediately converted into a sewage disposal system or systems which are not in violation of this article; however, no such system may be altered or repaired, and in the event that any such system requires alteration or repair, the Health Officer of the Borough of Hopatcong or other applicable enforcement officer shall not permit the same unless and until the owner or occupant has modified such system so as to make such system not in violation of this article.
A. 
Irrespective of the prohibitions in this article, the Board of Health of the Borough of Hopatcong may grant permission to an owner or occupant to construct, alter or repair a system which is in violation of this article. Such permission may only be granted after the applicant has presented proof to the Board of Health and the Board of Health has made factual findings that the system which is the subject of the application would not create or sustain the potentiality of a health hazard to the users of such system or the surrounding owners or residents, would not have the potentiality of creating or sustaining health enforcement difficulties and that the strict enforcement of this article would impose extreme hardship on the applicant. The permission granted may contain such conditions as the Board of Health deems appropriate or necessary to maintain the public health and safety and to provide for proper and efficient enforcement of the health laws and ordinances of the Borough of Hopatcong. The conditions imposed may, from time to time, be modified or supplemented as the Board of Health deems appropriate or necessary.
B. 
Whenever a sewage disposal system has been approved by the Board of Health pursuant to the foregoing subsection, the maintenance, servicing or repair of such system shall not require further approval of the Board of Health unless required by any conditions imposed by the Board of Health in granting such approval. This shall not be deemed a waiver of any permits otherwise required by the State of New Jersey, the County of Sussex, the Borough of Hopatcong or other applicable governmental entity. This shall further not be deemed to preclude the Board of Health from imposing additional conditions or modifying prior conditions as it from time to time deems appropriate or necessary.