[HISTORY: Adopted by the Board of Health of the Township of Mantua as indicated in article histories. Amendments noted where applicable.]
Sewer and water — See Ch. 325.
[Adopted 7-5-1972 (Ch. 163 of the 1978 Code)]
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems and the issuance of licenses or permits to locate, construct, empty or clean said systems and affixing penalties for the violation thereof is hereby adopted pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Three copies of the code described in § 446-1 of this article 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.
No persons shall engage in any business or activity regulated by the code specified in § 446-1 of this article aforesaid without procurement of a requisite permit or license from the agency or officer in charge of said business or activity.
In the event that any license, permit or certification required by said code specified in § 446-1 of this article is denied by the Board of Health or the appropriate officer enforcing and regulating said business or activity, a hearing shall be held thereon before the Board within 15 days after a request therefor is made by the aggrieved party, 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 business or activity which is being erected or installed or conducted in violation of any provisions of the code specified in § 446-1 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 on any person connected with the erection or installation of any device which is connected in any fashion with or a part of any business or activity which is regulated by the aforesaid code, no further work shall be done thereon except as aforesaid.
Any license or permit issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of Mantua Township for the violation by the licensee or permittee of any provision of this article or of the code specified in § 446-1 or whenever it shall appear that the business, trade, calling or profession or occupation of the persons, firm or corporation to whom or to which such license or permit was issued is being conducted in a disorderly or improper manner or in violation of any law of the United States or State of New Jersey or any ordinance of this municipality or that the person or persons conducting the relevant business or activity are of an unfit character to conduct the same or that the purpose for which the license or permit has been issued is being abused to the detriment of the public or such license or permit is being used for a purpose foreign to that for which the license or permit was issued. A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall be had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee or permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking and canceling or suspending such license or permit. Notice may be given by either personal delivery thereof to the person to be notified or by depositing the same in a United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business or personal address appearing upon said license or permit. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed or, if the charges have been sustained and substantiated, the Board of Health may revoke, cancel or suspend the license or permit involved.
[Amended 4-25-1978; 4-25-1995]
Any person, entity or corporation who or which violates any provision of this article shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $1,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
Editor's Note: This amendment was adopted by the Township Committee.
[Adopted 2-27-2007 by Ord. No. 01-07]
The New Jersey Department of Environmental Protection has promulgated certain regulations at N.J.A.C. 7:9A, known as the "Standards for Individual Subsurface Sewage Disposal Systems," which establish standards for the location, construction and maintenance of septic systems and are hereby adopted in their entirety and shall be controlling unless higher standards are prescribed herein by the municipality.
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1) of the New Jersey Department of Environmental Protection (NJDEP) Standards for the Construction of Individual On-Site Wastewater Treatment Systems, N.J.A.C. 7:9A-1.1 et seq., and any amendments thereto ("NJDEP Regulations") are hereby incorporated into this article, with the following additions:
- ADVANCED WASTEWATER TREATMENT OR DISPOSAL TECHNOLOGY
- Any component or system which is a part of an individual subsurface sewage disposal system that is employed to reduce levels of pollution or convey pollutants to the subsurface environment that is not addressed or is not designed in strict conformance with the requirements of N.J.A.C. 7:9A.
- BOARD OF HEALTH
- The Board of Health of the Township of Mantua.
- ENFORCING OFFICIAL
- Health Officer of the Gloucester County Department of Health and Senior Services (GCDHSS) or assigned designee.
- Any realty improvement other than a single-family home. Such systems include but are not limited to those systems defined in N.J.A.C. 7:9A-1.8(C)2. Typical examples include, but are not limited to, commercial buildings, restaurants, food establishments, commercial/residential mixed uses, and systems servicing multiple units.
- ON-SITE WASTEWATER TREATMENT SYSTEM
- An individual subsurface sewage disposal system as referred to in N.J.A.C. 7:9A; a septic system is one example.
- OPERATOR'S LICENSE
- A license issued to an applicant pursuant to this article for the operation of an on-site wastewater treatment system.
- The person who owns or leases the realty improvement which is served by a residential or nonresidential on-site wastewater treatment system and/or the person who uses or operates said system. The owner of the realty and the operator of the system, if different, are jointly and severally liable for the obligations imposed by this article.
- PLOT PLAN
- A sketch showing the type (if known) and location of the on-site wastewater treatment system servicing the property, as well as the location and type of any on-site water supply. All plot plans shall be drawn to scale and list the dimensions used.
- An individual or nonindividual on-site wastewater treatment system, including all of the component parts thereof.
It is found and declared that:
Residential and nonresidential on-site wastewater treatment systems are in use within the municipality.
Economic benefits to all on-site system owners by improving the quality of wastewater being discharged to their systems and the environment will extend the serviceable life of on-site systems, preventing or postponing the need for costly repairs or replacements.
In order to enable the use of advanced wastewater treatment or disposal technologies that enhance treatment of wastewater, management and maintenance are a necessity.
The licensing provisions contained in this article are necessary to protect the public health, safety and welfare, and it is therefore necessary to exceed the provisions contained in N.J.A.C. 7:9A-1 et seq. This is hereby declared to be a "special ordinance" in accordance with N.J.A.C. 7:9A-3.1(b) and shall be forwarded to the New Jersey Department of Environmental Protection within 10 days of adoption.
Improvements to available individual subsurface sewage disposal system technology are available which are not specifically addressed by the state regulations.
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1, it is the purpose of this article:
To establish a management program for systems using advanced wastewater treatment or disposal technologies in the municipality in order to ensure the proper operation and maintenance of such systems. This article requires those on-site wastewater treatment systems subject to this article to be satisfactorily operated, inspected and maintained on a regular basis in order to minimize future malfunctions of such systems.
To regulate systems using advanced wastewater treatment and disposal technologies in the municipality to protect public health and welfare and the environment.
To develop a management program to maintain records regarding on-site wastewater treatment systems using advanced wastewater treatment or disposal technologies in the municipality.
No person within the municipality area shall operate a residential or nonresidential on-site wastewater treatment system unless such construction, installation, alteration, maintenance or operation is in accordance with all applicable sanitary regulations and this article.
All applications for new construction, expansions or alterations that include new septic tanks in the municipality shall identify that those septic tanks will be equipped with an effluent filter bearing the seal of the National Sanitation Foundation (NSF), certifying that the device has been approved by NSF for the specific use proposed, and provided that the installation conforms to the manufacturer's recommendations. Gas deflection baffles are not required when an effluent filter is installed and maintained.
Advanced wastewater treatment or disposal technology which is alternative to the standard technology allowed by N.J.A.C. 7:9A:1 et seq. may be required by the Board of Health to repair/alter an existing, malfunctioning septic systems in cases where site constraints do not allow for a repaired/altered system that is fully compliant with the requirements of N.J.A.C. 7:9A-1 et seq.
Advanced wastewater treatment or disposal technology which is in addition to the standard technology allowed by N.J.A.C. 7:9A-1 et seq. may be allowed by the Board of Health for all new or expanded systems to provide additional wastewater treatment to sanitary sewage for the further protection of human health and the environment. Any advanced technology must be applied in accordance with N.J.A.C. 7:9A:1 et seq.
Advanced wastewater treatment or disposal technology which is instead of any required standard requirements of N.J.A.C. 7:9A-1 et seq. may be allowed by the Board of Health for new or expanded systems to provide additional wastewater treatment to sanitary sewage and/or an alternate means of disposal of sanitary sewage for the further protection of human health and the environment. Any application to the Board of Health to use advanced technology under this paragraph must include the following, at a minimum:
An approved design from the Board of Health for a design which is in strict conformance with the requirements of N.J.A.C. 7:9A-1 et seq.
An acknowledgment that the applicant will be required to obtain a treatment works approval from the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:9A-3.9.
Each system which incorporates advanced technology shall incorporate the following conditions:
Alternative wastewater treatment systems that are equipped with automatic dialing capability or other automatic notification to the manufacturer, or its agent, in the event of a mechanical malfunction shall be covered by a minimum three-year warranty that cannot be cancelled and is renewable. This warranty must include a service contract for the manufacturer or its agent to monitor the system continuously and inspect the system at least once a year and undertake any routine maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time;
All alternative wastewater disposal systems not equipped with an automatic dialing capability shall be covered by a minimum three-year warranty that cannot be cancelled and are fully transferable and renewable, which includes a service contract for the manufacturer or its agent to inspect the system at least once every six months to ensure the system was properly installed and is functioning properly. The warranty shall also include provisions that include costs of repairing any routine problems associated with the inadequate function of the disposal system.
Any property served by an on-site wastewater treatment system which utilizes advanced wastewater treatment and/or disposal technology shall submit with the appropriate license to operate a renewal fee and proof that the renewable warranty has been extended for the proper inspection and maintenance of the advanced technology. Any system that does not renew its warranty shall be deemed a nuisance pursuant to this article, subject to a separate violation for every day the maintenance contract is not renewed.
The property owner shall provide notification to a purchaser of the property, prior to entering into any contract for real estate transfer, of the presence and requirements of the advanced wastewater treatment or disposal technology that exists on the property. This notification shall include a copy of the manufacturer's owner's manual for the technology and the requirements for the system owner listed in this article.
On and after the effective date of this article, no owner or occupant of a property in the municipality upon which an individual or nonindividual on-site wastewater treatment system incorporating advanced wastewater treatment or disposal technology is located shall operate or otherwise use a system unless a currently valid license to operate the system has been issued by the Gloucester County Department of Health and Senior Services in accordance with the schedule herein to the owner of the property on which the system is located.
The Board of Health or its designee may issue a license to operate and distribute educational information relative to the proper operation and maintenance practices to the owner and occupant of a property upon:
Issuance of a certificate of compliance for any new system using advanced wastewater treatment or disposal technology(ies); or
Issuance of a certificate of compliance for any existing system that is altered to correct a malfunctioning condition, using advanced wastewater treatment or disposal technology(ies).
All licenses issued pursuant to this section shall be on a form provided by the Gloucester County Department of Health and Senior Services. Once issued, a license shall be transferable upon change of ownership or occupancy of the premises for which the license has been issued. A fee, as provided in § 446-19 of this article, shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan showing the location of the septic system (both the tank and the disposal area) and of any private water source on the property. The plot shall also include the general location, if known, of any wells and septic systems on adjoining properties.
Expiration/renewal. The license to operate shall expire three years after issuance. The Board of Health or its designee shall notify the licensee or its designee at least 90 days before the license expires and shall be directed to apply for a renewal of the license. The renewal notice shall include educational materials relative to the proper operation and maintenance practice for such systems in accordance with N.J.A.C. 7:9A-3.14.
Requirements for renewal. The Board of Health or its designee shall not renew the license unless the licensee has submitted to the Board of Health or its designee verification of the results of the inspections required in § 446-14 and that a valid maintenance contract is currently in effect for the subject system.
Renewal term. Any license shall be renewed for a period of three years. As a condition precedent to a license renewal, the owner/operator shall pay the fee required by the Gloucester County Department of Health and Senior Services.
Suspension of license. The Board of Health or its designee may suspend or revoke the license to operate in the following circumstances:
It has been determined that the system is malfunctioning based upon criteria provided for in N.J.A.C. 7:9A-3, 4(a) and the licensee fails to take immediate steps to correct said malfunction as directed by the Board of Health or its designee;
The owner or occupant of the premises served by the system violates any provision of this article with respect to operation and maintenance of the system; or
The owner or occupant of the premises served by the system denies the right or entry to the Board of Health or its designee, or to the New Jersey Department Environmental Protection, as required in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration or enforcement of this article.
Any person aggrieved by any decision of a designee of the Board of Health made pursuant to this article shall have the right to appeal that decision to the Board of Health. Any aggrieved person seeking a hearing under this section shall make application to the Board in writing within 30 days of the decision to be appealed. The Board of Health shall schedule the matter for a hearing within 45 days thereafter. The hearing shall be conducted at a meeting held pursuant to the Open Public Meetings Act.
Nuisances to be corrected.
Any on-site sewage disposal system or component thereof that is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 and 3.4) shall constitute a nuisance and shall be repaired, modified or replaced pursuant to an order of the Board of Health or its designee to correct the condition caused by the malfunction. Alterations shall be performed in accordance with N.J.A.C., as adopted and implemented by the Board of Health by virtue of this article and any amendments thereof.
Any on-site wastewater treatment system which has not been operated or maintained in accordance with the provisions required by this article is hereby declared a nuisance.
Any on-site wastewater treatment system which is constructed, installed, altered, operated or maintained in violation of this section, N.J.A.C. 7:9A-1 et seq., any rule or regulation promulgated pursuant to this article or any approval, permit, certificate or license issued pursuant to this article is hereby declared to be a nuisance.
In addition to the powers provided for in N.J.A.C. 7:9A-1.1 et seq., the Board of Health retains its authority to abate any nuisance in accordance with the provisions of N.J.S.A. 26:3-45 et seq.
Malfunctioning on-site wastewater treatment system; inspections of system; revocation of license.
The Board of Health shall have the right to inspect any system that shows evidence of any malfunction. Such evidence may include, but not be limited to, foul odors, leakage to ground surface, or saturated soil/lush vegetation over system. Water and/or soil samples may be taken to confirm the existence of a malfunctioning system.
The Board of Health may require that any malfunctioning system be corrected by servicing, replacement or alteration of the system.
Until any necessary replacement or alteration of a system has been accomplished, the Board of Health may require pumping and the removal of the entire contents of the septic tank for the system (both liquids and solids) at intervals specified by the Board.
No provision of this article shall be interpreted as precluding the Board of Health from revoking a license issued by the Board for the operation of a system in the event that the Board shall determine that such action is necessary and appropriate for the enforcement of this article. Any such revocation shall be upon notice to the owner/operator, with an opportunity to comment or appeal.
In furtherance of the rights granted to the Board of Health in N.J.S.A. 26:3-45 et seq. and N.J.A.C. 7:9-3.19, the Health Officer of the Gloucester Department of Health and Senior Services or his designee, upon presentation of identification, shall have the right to enter upon property where an individual or nonindividual on-site wastewater treatment system is located for the purpose of observation, inspection, monitoring and/or sampling of the on-site sewage disposal system. This authority is exercised by virtue of N.J.S.A. 26:3-31 as a necessary and reasonable method of furthering the duties of the Board of Health as enumerated therein.
Any fees charged for the plan review, inspections, licenses to operate and maintenance shall be paid to the Enforcing Official on a schedule adopted by the Gloucester County Board of Chosen Freeholders.
A person who violates any provision of this article, or any term or condition of any certificate or license issued hereunder, shall be liable for one or more of the following penalties:
A fine of not less than $100 nor more than $1,000.
A period of community service not to exceed 90 days.
Each separate day and each violation of any provision of this article, any term or condition of any certificate or license or any notice or order issued by the Board of Health shall constitute a separate and distinct violation under this article.
Nothing in this section shall be construed as limiting the remedies of the Board of Health for violation of this article. The Board of Health may proceed under any other remedy available at law or in equity for any violation of this article or any term or condition of any certificate or license issued by the Board of Health or for any failure to comply with any notice or order issued by the Board of Health or its enforcement official under this article.