AN ORDINANCE TO AMEND THE CODE OF THE BOARD OF HEALTH OF THE TOWNSHIP OF CHATHAM TO ESTABLISH REQUIREMENTS FOR THE OPERATION AND MAINTENANCE OF ON-SITE SEWAGE DISPOSAL SYSTEMS.
BE IT ORDAINED by the Board of Health of the Township of Chatham in the County of Morris and State of New Jersey as follows:
SECTION ONE: PURPOSE
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1., it is the purpose of this ordinance:
SECTION TWO: TITLE
This Ordinance shall be known as the Subsurface Sewage Disposal System Management Ordinance of the Township of Chatham.
SECTION THREE: DEFINITIONS
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1 et. seq.) of the New Jersey Department of Environmental Protection (NJDEP) Standards for the Construction of Individual Subsurface Sewage Disposal 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:
ACTIVE USE- For initial licenses, this term shall mean: "The use or direction of waste water to a system after the adoption date of this ordinance." For renewal licenses, this term shall mean: The use or direction of waste water to a system at any time during the period of the license."
BOARD OF HEALTH- The Board of Health of the Township of Chatham.
EDUCATION PROGRAM - An educational program prepared and administered by the Board of Health regarding the fundamentals of individual and non-individual subsurface sewage disposal systems and the proper procedures for the operation and maintenance of such systems. The educational program shall be deemed to be in accordance with N.J.A.C. 7:9A-3.14.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM- An individual subsurface sewage disposal system, as defined at N.J.A.C. 7:9A- 2.1, serving a single family detached residential housing unit.
LICENSED SEPTIC SLUDGE REMOVAL OPERATOR - Any person, firm or corporation who has been found qualified to pump out an individual or non-individual subsurface sewage disposal system, and who has been issued a license by the state of New Jersey Department of Environmental Protection.
NON-INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM - An on-site subsurface sewage disposal system serving a property other than a single family home. Such systems include but are not limited to those systems defined in N.J.A.C. 7:9A‑l.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.
OPERATOR'S LICENSE - A license issued to an applicant pursuant to this ordinance for the operation of an individual or non-individual subsurface sewage disposal system.
OWNER OR OPERATOR - The person who owns or leases the realty upon which an individual or non-individual subsurface sewage disposal system is located and/or the person who uses or operates said system. The owner of the reality and the operator of the system, if different, are jointly and severally liable for the obligations imposed by this ordinance.
PLOT PLAN - A sketch drawn by the owner/operator, or agent on their behalf, showing the type (if known) and location of the individual or non-individual subsurface sewage disposal system servicing the property, as well as the location and type of any on-site water supply. All plots shall be drawn to scale and list the dimensions used.
RETAIL FOOD ESTABLISHMENT – Means an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption: 1. Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and 2. That relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
SYSTEM - An individual or non-individual subsurface sewage disposal system, including all of the component parts thereof.
SECTION FOUR: SCOPE, APPLICABILITY AND EXEMPTIONS
A. SCOPE. The owner and/or occupant of any realty improvement serviced by an individual or non-individual on-site subsurface sewage disposal system located in the Township of Chatham shall be subject to all of the requirements of this section.
B. APPLICABILITY. No person within the Township of Chatham shall operate an individual or non-individual subsurface sewage disposal system unless such construction, installation, alteration, maintenance or operation is in accordance with all applicable sanitary regulations and this ordinance.
C. EXEMPTIONS. Any system not in active use shall be exempted from this Ordinance. The Board of Health may require an owner or operator of a system seeking exemption under this section to submit proof in the form acceptable to the Board so as to qualify for this exemption.
SECTION FIVE: LICENSE TO OPERATE
A. REQUIREMENT FOR LICENSE: No owner or occupant of a property in the Township of Chatham with an individual or non-individual subsurface sewage disposal system shall use or operate the system unless a currently valid license to operate the system has been issued by the Board of Health.
1. The Board of Health or its designee may issue a license to operate a system. Educational information relative to the proper operation and maintenance practices (pursuant to N.J.A.C. 7:9A-3.14) shall be provided to the owner or occupant of a property upon one or more of the following events:
a. Issuance of a certificate of compliance for a new system.
b. Issuance of a certificate of compliance for the alteration of a system.
c. Issuance of a renewal license for existing individual and non-individual sewerage disposal systems in accordance with the existing three year schedule.
The license to operate shall expire three (3) years after issuance. The Board of Health shall notify the licensee or its designee at least three months before the license expires and shall be directed to apply for a renewal of the license. Educational material relative to the proper operation and maintenance practice for such systems in accordance with N.J.A.C. 7:9A-3.14 shall be provided when the license is issued.
1. Requirements for Renewal: The Board of Health or its designee shall not renew the license unless the licensee has submitted the following to the Board of Health or its designee:
a. Evidence that the septic tank (or in the case of an alternate system, the comparable component of such system) has been pumped by a licensed septic sludge removal operator as required by Section Seven of this Ordinance. Following pumpout, the owner/operator shall submit to the Board of Health a completed pumpout report prepared and signed by the person performing the required work.
2. No evidence of septic tank pumping shall be required to accompany any application for a license for an entirely new system that has been in operation for less than 2 years at the time of the filing of the application.
3. Renewal Term: Any license renewed under Section 5B shall be renewed for a period of three years.
C. SUSPENSION OF LICENSE: The Board of Health or its designee may suspend or revoke the license to operate in the following circumstances:
1. 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 steps to correct said malfunction as directed by the Board of Health or its designee;
2. The owner or occupant of the premises served by the system violates any provision of this Ordinance with respect to operation and maintenance of the system; or
3. The owner or occupant of the premises served by the system denies the right of entry to the Board of Health or its designee, or to the New Jersey Department of Environmental Protection (NJDEP), as required in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration or enforcement of this ordinance.
D. MODIFIED TERM OF LICENSE: The Board of Health may on its own motion, upon notice and opportunity to the property owner or operator for a hearing, or upon application of a property owner or system operator, alter the time period of a license to operate. The Board of Health may consider the following factors in determining that a more frequent licensing renewal or pumping/inspection schedule may be necessary:
The Board of Health may on its own motion extend the license renewal period from three to six years under certain conditions including, but not limited to, the following factors:
SECTION SIX: STANDARDS ON THE USE OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS
B. DISPOSAL FIELD MAINTENANCE
C. ABANDONED SYSTEMS
D. ADDITIONAL INSPECTION AND MAINTENANCE REQUIREMENTS FOR SYSTEMS WITH GREASE TRAPS
E. MAINTENANCE OF DOSING TANKS
SECTION SEVEN: REMOVAL OF SEPTIC TANK SLUDGE
B. Sewage shall be disposed of at a sewage treatment plant designated in accordance with District and/or State Solid Waste Management Plans pursuant to the Statewide Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq. and N.J.S.A 58:IA-1 et seq.
SECTION EIGHT: APPEAL TO BOARD OF HEALTH
Any person aggrieved by any decision of a designee of the Board of Health made pursuant to this chapter 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.
SECTION NINE: ENFORCEMENT
1. Any on-site sewage disposal system or component thereof that is found to be malfunctioning (as defined in N.J.A.C. 7:9A-2A 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 "Standards for the Construction of Individual Subsurface Sewage Disposal Systems" as adopted and implemented by the Board of Health by virtue of this Code and any amendments thereto.
2. Any individual or non-individual subsurface sewage disposal system which has not been maintained in accordance with N.J.A.C. 7:9A-12.3, Septic Tank Maintenance, is hereby declared a nuisance.
3. Any individual or non-individual subsurface sewage disposal system which is constructed, installed, altered, operated or maintained in violation of this section, the DEP Regulations, any rule or regulation promulgated pursuant to this ordinance or any permit, certificate or license issued pursuant to this ordinance is hereby declared to be a nuisance.
4. In addition 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.
B. MALFUNCTIONING SUBSURFACE SEWAGE DISPOSAL SYSTEM: INSPECTIONS OF SYSTEM; REVOCATION OF LICENSE
SECTION TEN: RIGHT OF ENTRY
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 or his designee, upon presentation of identification, shall have the right to enter upon property where an individual or non-individual subsurface sewage disposal 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.
SECTION ELEVEN: FEES
A. Renewal License: The fee to renew a license to operate a system shall be $15.00 for three years. The next renewal date is August 31, 2010 and every three years thereafter.
B. Initial License: If an initial license is issued for a term of less than three years, the fee shall be $5.00 for each 12-month period or any part thereof.
C. Delinquent application for a license: An application for a license or renewal which is filed up to thirty (30) days after the date upon which the license or renewal is required to be in effect shall be subject to a delinquent charge of $10.00. Thereafter, violations and penalties pursuant to SECTION TWELVE may be assessed at the discretion of the Board of Health.
SECTION TWELVE: VIOLATIONS AND PENALTIES
A. Any person who shall violate any provision of this Ordinance, any person who shall use or operate an individual subsurface sewage disposal system in the Township of Chatham without a currently valid license to operate such system issued by the Board of Health, and any person who shall violate any order of the Board of Health issued pursuant to this Ordinance shall be subject to a fine not exceeding $250.00 for each offense and an additional penalty of not more than $100.00 for each day a particular violation continues after notice of the violation shall have been given to such person by the Board of Health. Such notices shall be served upon the owner(s) personally, or by leaving it at his or her usual place of abode with a member of the family of at least 18 years of age, or by sending it by registered or certified mail, return receipt requested, to the last known address of the owner as revealed by the Tax Rolls of the Township of Chatham.
B. The institution of a proceeding by the Board of Health to impose a penalty for a violation of a provision of this Ordinance shall not preclude the Board from the exercise of any other authority of the Board which may be necessary in order to eliminate or abate a public health nuisance.
SECTION THIRTEEN: REPEAL OF INCONSISTENT ORDINANCES.
All ordinances, codes or parts of same inconsistent with any of the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Ordinances BH-95-01 and BH-2-95 are hereby repealed and rescinded.
SECTION FOURTEEN: EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after adoption and publication of a Notice of Adoption in accordance with New Jersey law.
SECTION FIFTEEN: SEVERABILITY
In the event that any provision of this Ordinance or its application to any person is held invalid for any reason, such invalidity shall not affect any other provision of this Ordinance and to this end, the provisions of this Ordinance are severable.
Introduced: November 10, 2009
Adopted: December 8, 2009
BOARD OF HEALTH OF THE TOWNSHIP OF CHATHAM, IN
THE COUNTY OF MORRIS
Attest: James M. Brown, President
Joy M. Wiley, Secretary