BE IT ORDAINED by the Board of Health of the (INSERT NAME OF JURISDICTION) in the County of (Insert Name of County) and State of New Jersey as follows:

A. FINDINGS (see commentary 1)

It is found and declared that:

B. PURPOSE. (See Commentary 2)

In addition to the purposes set forth in N.J.A.C. 7:9A-1.1., it is the purpose of this ordinance:

TITLE. (See commentary 3)

This Ordinance shall be known as the Subsurface Sewage Disposal System Management Ordinance of the (insert name of jurisdiction.)

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 (insert name of jurisdiction)

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.)

ENFORCING OFFICIAL- The (Insert name of officer) of the (insert jurisdiction) or his designee.

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 which has been duly examined by the enforcing official and found qualified to pump out an individual or non-individual subsurface sewage disposal system, and who has been issued a license.

MANAGEMENT DISTRICT- (See commentary 4) (This definition is necessary if the ordinance is to be applied only to a portion of a jurisdiction. The definition must be developed locally and specifically describe the geographic area to be subject to the ordinance. )

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-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.

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- Any fixed or mobile restaurant; coffee shop; cafeteria; short

order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public, or nonprofit organization, institution, or group preparing, storing or serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market, or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.

SYSTEM- An individual or non-individual subsurface sewage disposal system, including all of the component parts thereof.

SCOPE, APPLICABILITY AND EXEMPTIONS)

1. 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 (Option One- Management District) (Option Two- insert name of jurisdiction) shall be subject to all of the requirements of this chapter.
2. APPLICABILITY. (See Commentary 4). No person within the (insert name of jurisdiction) area 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.
3. EXEMPTIONS. (See Commentary 5.) 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.

LICENSE TO OPERATE (See commentary 6)

1. A staff member of the Board of Health;
2. A licensed septic installer;
3. A NJDEP registered inspector;
4. A NJDEP registered waste hauler;
5. A licensed professional engineer;
6. A licensed health officer or sanitarian;
7. (Insert local option if, any); or
8. Other person acceptable to the Board of Health.

1. A complete walkover of the septic field;
2. Measurement of the effluent in inspection ports, (if any) and a reading of the groundwater monitoring port when such ports were included in the original septic design; and
3. An inspection of baffles and internal integrity of the tank.

2. Renewal Term: Any license renewed under section B.1.a (Actual pumping) shall be renewed for a period of three years. Any license renewed under section B.1.b. (Inspection) shall be renewed for period of (insert term) years. (See commentary 11)
3. As a condition precedent to a license renewal, the owner/operator shall pay the fee required by section eleven herein.

C. SUSPENSION OF LICENSE: The Board of Health or its designee may suspend or revoke the license to operate in the following circumstances:

5. SPECIAL LICENSING PROVISIONS FOR RETAIL FOOD HANDLING ESTABLISHMENTS: (See commentary 12.)

A. GENERAL (see commentary 13)

1. The subsurface sewage disposal system shall be used only for the disposal of wastes of the type and origin provided for in the approved engineering design. No permanent or temporary connection shall be made to any source of wastes, waste water or clean water other than those plumbing fixtures which are normally present within the type of facility indicated in the approved engineering design.
2. Drainage from basement floors, footings or roofs shall not enter the sewage disposal system and shall be diverted away from the area of the disposal field.
3. As set forth in N.J.S.A. 58:10A-17, no person shall use or introduce or cause any other person to use or introduce into any sewage water disposal system any sewage system cleaner containing any restricted chemical material.
4. Disposal of materials containing toxic substances into a subsurface sewage disposal system is prohibited. Materials containing toxic substances include, but are not limited to, waste oil (other than cooking oil), oil based or acrylic paints, varnishes, photographic solutions, pesticides, insecticides, paint thinners, organic solvents or degreasers and drain openers.
5. Inert or non-biodegradable substances should not be disposed of in the subsurface sewage disposal system. Such substances include, but are not limited to, disposable diapers containing plastic, cat box litter, coffee grounds, cigarette filters, sanitary napkins, facial tissues and wet-strength paper towels.
6. Large quantities of cooking greases or fats shall not be discharged into systems not equipped with a grease trap designed and constructed as prescribed in N.J.A.C.7:9A-8.1.
7. Major plumbing leaks shall be repaired promptly to prevent hydraulic overloading of the system.
8. Vehicle traffic and vehicular parking shall be kept away from the aspects of the system, unless the system has been specifically designed to support vehicular traffic.

B. DISPOSAL FIELD MAINTENANCE.

5. Vehicle traffic and vehicular parking shall be kept away from the area of the disposal field, unless the disposal field has been specifically designed to support vehicular traffic.

1. When it is necessary to abandon a system or components of a system, all septic tanks, dosing tanks, seepage pits, dry wells and cesspools which are to be abandoned shall be emptied of wastes and removed or filled completely with sand, gravel, stones or soil material in a manner which is acceptable to the Board of Health or its designee.
2. Except when done as part of or in conjunction with an alteration, a permit must be obtained from the Board of Health prior to abandoning a septic system or component of a septic system.

1. Mobile tanks shall be securely mounted on trucks or trailers, shall be watertight and provided with a leak-proof cover and shall be vented to permit the escape of gases but not the liquid or solid contents of the tank.
2. Pumps and hoses shall be maintained and operated in a condition that will prevent the leakage of sewage.
3. Equipment shall be available to permit accurate measurement of the volume of grease in relation to the grease retention capacity of the grease trap.
4. Pumping of grease traps shall be conducted in such a manner that the entire contents of the grease trap including both liquids and solids are removed.
5. Pumping shall be carried out in a manner that will prevent spillage of sewage onto the ground. If any spillage occurs, the solid portion shall be immediately removed and disposed of in a sanitary manner and the area of the spill shall be disinfected using a suitable chlorine-bearing compound.
6. Grease and other waste materials removed from grease traps shall be disposed of in accordance with the requirements of the Statewide Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 7:11A-1 et seq., as well as any other applicable State or local rules, regulations, ordinances or directives.

E. MAINTENANCE OF DOSING TANKS.

1. Dosing tanks and associated pumps, siphons, switches, alarms, electrical connections and wiring shall be maintained in proper working order.
2. Any solids that accumulate in the dosing tank shall be removed and disposed of in a sanitary manner.

REMOVAL OF SEPTIC TANK SLUDGE (see commentary 14)

1. In addition, to the license required under section a above, the pumping of septic tanks shall be performed by a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26-3.c.
2. The Board of Health may suspend or refuse to renew the license of any septic sludge removal operator who fails to comply with this ordinance.
3. Equipment used in the pumping of septic tanks shall meet the following requirements:

1. Mobile tanks shall be securely mounted on trucks or trailers, shall be watertight and provided with a leak-proof cover and shall be vented to permit the escape of gases but not the liquid or solid contents of the tank.

2. Pumps and hoses shall be maintained and operated in a condition that will prevent the leakage of sewage.

3. Equipment shall be available to permit the accurate measurement of the sludge and scum levels in relation to the bottom of the outlet baffle.

4. Pumping of septic tanks shall be conducted in such a manner that the entire contents of the septic tank including both liquids and solids are removed.
5. Pumping shall be carried out in a manner that will prevent spillage of sewage onto the ground.

APPEAL TO BOARD OF HEALTH (See Commentary 15)

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.

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 (insert name of enforcing official) 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 (See Commentary 16)

A. Initial License

B…Renewal License

C…Board of Health Inspection at time of license renewal

D.. Septic Sludge Removal Operator

E. Septic Sludge Removal Ppermit

VIOLATIONS AND PENALTIES (See commentary 17)

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

This ordinance shall take effect thirty (30) days after adoption and publication of a Notice of Adoption in accordance with New Jersey law.

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.

This ordinance has been drafted as a "stand alone" ordinance regulating the operation and maintenance of on-site sewage disposal systems. Most, if not all, jurisdictions which allow for the installation of on-site sewage disposal systems already have in place an ordinance regulating the design, installation and alteration of these systems. Those ordinances must meet the minimum standards of N.J.A.C. 7:9A-1 et seq. This ordinance is not meant to replace but rather to supplement those ordinances. The ordinance can be adopted either as a "stand alone" ordinance as presented here or the ordinance can be reformatted to be an amendment to the existing code. The Board of Health should consult their Board attorneys to determine the best approach for adoption of these provisions.

COMMENTARY 1. This section is presented as a "findings of fact" by the Board of Health. An alternative method, preferred by some attorneys, would be to present these findings in a "Whereas." Either format is acceptable depending on the preference of the attorney for the Board of Health. This section allows a judge who may be reviewing the ordinance on an appeal, to review the basis for the ordinance. It is suggested that additional Whereas’s or Findings be added that are specific to the jurisdiction. Section "f" is also essential, since the NJDEP regulations require that any ordinance which exceeds the minimums established in N.J.A.C. 7:9A-1 must be send to NJDEP. This is a procedural requirement of the regulations and if not done, could result in the invalidation of the ordinance.

COMMENTARY 2. This "purpose" is also helping in the ordinance is subjected to a legal challenge. It helps the Court determine the purpose and intent of the Ordinance. Upon review, a Judge is not going to substitute his or her judgment for the Board’s. The judge is primarily going to ask:

1. Did the Board follow the right procedure?;
2. Is the action within the Board’s powers?; and
3. Could a reasonable person in the position of a Board member have decided the way that they did?

Sections such as the "Findings" provision and this "Purpose" section address that third question.

COMMENTARY 3. The Board of Health is free to choose any name they desire for this ordinance. Other Options include "Septic System Management" "Septic Management", "Onsite Septic Management." Etc.

COMMENTARY 4. Section Four A (Scope) provides two options: "a Management District" or the entire jurisdiction. The Management District option is provided in the event that the Board of Health determines to apply the code only to a portion of the jurisdiction. Some jurisdictions have decided to apply the licensing provision only to a defined limited area, i.e. a pilot program area, a defined "lake region, a sensitive watershed or other critical area. If the Board of Health wishes to apply this option, it must include a definition of the "Management District" either in Section Three (Definitions) or in a separate section of the ordinance. The boundaries of the district must be described as specifically as possible, including a map, if available.

Thus section works in conjunction with the "Applicability." It is here where a Board of Health can exclude systems from the coverage of the ordinance. The exemption provided works in conjunction with the defined terms of "active use." The exemption is designed for the "abandoned" house. The ability of the Board of Health to regulate or license is based upon the "use" or "operation". As such, if the system is not being operated, then you cannot require the license. Once the premise is activated, a license must be obtained (or they are in violation of the ordinance.) A Board of Health may add other exemptions, as it deems necessary.

COMMENTARY 6. It is essential that, before a jurisdiction adopts the licensing ordinance, it undertake an analysis of the manpower and other workload requirements of the ordinance. For example, how many systems will be regulated and under what schedule? How are applications to be submitted: all at once or on a staggered schedule? Does the muncipality have a data system in place to track applications, expirations, renewals, the mailing of notices? Are there sufficient septic sludge pumpers in the area to accomodate the newly created pumping requirements? For the ordinance to succeed, these questions must be addressed before the ordinance is adopted.

COMMENTARY 7. The Model Ordinance provides 4 trigger events for the licensing program. These are contained in Section Six.A.1 as items a through d. A Board of Health may choose to adopt some but not all of the options. As presented in the ordinance, they are listed in increasing order of coverage and possible controversy. The consideration of these four triggers must be included as part of the workload analysis discussed in commentary 6.

The first trigger would apply only to new systems as they come on line. This impacts only new homes, businesses, etc. It probably creates the least controversy within a jurisdiction since current systems are excluded. But since the new systems, are probably the best designed, it results in the least short-term environmental benefit. It also creates the least workload for the Board of Health.

The second trigger would apply not only to new systems, but also to existing systems as they are altered and upgraded. Again, it would probably generate little controversy, but it may not reach all of the systems needing management. A possible negative effect may be to encourage property owners to perform alterations on their systems without Board of Health approval in order to avoid becoming part of the licensing system.

The third trigger expands the coverage of the ordinance by adding realty transfers into the system. As homes or businesses are sold, the licensing requirement would apply to the new owners only. The ordinance creates less controversy, since it does not apply to existing residents but does not reach all of the existing systems. Data on the number of annual transfers can be obtained from the tax assessor’s records.

The fourth trigger would extend the coverage of the ordinance to all existing systems depending on the phase-in option chosen. This creates the greatest short-term workload for the Board of Health and has the potential to generate the most controversy or resistance from existing residents. (See comment 8 below)

COMMENTARY 8. Some jurisdictions, which have extended coverage to all systems, have found it advisable to split the jurisdiction into three zones, with an effective date staggered by zone over a three-year period. The three-year period parallels the three-year licensing term. (Section Six.B of the ordinance) The staggered implementation allows the systems to come into the licensing program on a phased basis and does not overload the septage sludge pumpers in any one-year, or the ability of the Board of Health to handle the paperwork. Again this must be part of the workload analysis.

COMMENTARY 9. This section deals with the expiration and renewal of the licenses to operate. Prior to adopting the ordinance, the Board of Health, as part of its workload analysis must determine how it will track the permits and their expiration. This may require an automated data system. That data system will probably have to be tied into the property record system of the jurisdiction. This is a critical factor that could influence the success of the ordinance.

It should also be noted that the ordinance requires the jurisdiction to provide to the owner/operator a advance Notice of expiration. The Notice should be provided well in advance to allow the homeowner to arrange for the pumping. A minimum of 3-6 months is suggested. The ordinance also requires the Board of Health to furnish educational materials at the time of the notice of renewal. As part of the workload analysis the Board of Health should consider what materials it will need and how much the printing and mailing of these materials will cost. The data system discussed above, if tied to the property records system can also be used to generate mailing labels. It should be noted that if the board fails to provide the advance notice, that the owner operator is not required to apply for the renewal independently.

COMMENTARY 10. As written, the ordinance presents two options.

Option One provides for submitting proof of pumping the septic tank every three years. or submission of an inspection report that demonstrates the tank and system is not in need of pumping.

Option Two requires submission of an inspection report that provides enough information to show that the tank and the system is in good operating condition and not in need of pumping. A minimum amount of information is required about the system.

Also the model ordinance allows for a number of parties to conduct the inspection. This again is an area that must be fully discussed by the Board of Health before it enacts the ordinance. Are all of these parties really qualified to conduct the inspection? At least one jurisdiction who has adopted a version of the ordinance has provided that the inspections will only be conducted by a staffer of the Board of Health (for an appropriate fee.) This could significantly impact the workload of the Board.

COMMENTARY 11. The model ordinance provides that the septic inspection report is in lieu of pumping. Some jurisdictions have provided that the license will be renewed for a shorter time period, (i.e. only one year) in the event of an inspection in lieu of pumping. It should be noted that practical experience has shown that the cost of the inspection equals or exceeds the cost of pumping and that this option is rarely utilized.

COMMENTARY 12. This section is presented as an option. It has been adopted in at least one of the jurisdictions who have adopted a form of this ordinance. It establishes a special pumping schedule for all systems servicing retail food handling establishments. Again this should be part of the workload analysis conducted by the Board of Health prior to the adoption of the ordinance. How many food handling establishments are present in the jurisdiction? What is the average age and design size of the system? What are the track records of pumping, particularly of grease traps? What is the track record of failures? All this information can have an impact on whether or not a board choses to adopt this provision.

COMMENTARY 13 The "general" provisions are quoted verbatim from the provisions of the NJDEP regulations as contained in N.J.A.C. 7:9A-12.1. A Board of Health may add other provisions it deems necessary.

COMMENTARY 14. This is presented as an optional provision. It allows a jurisdiction to license the sludge pumpers and pumpings. One problem noted in some jurisdictions who have adopted mandatory pumping provisions has been that the pumpers often delay submitting the reports to the board. In some cases, the Board of Health sends a delinquency notice to the homeowner only to find out that the system was pumped months earlier ands that the pumper did not submit the paperwork. The model ordinance requires that the reports be submitted within 72 hours of pumping.

COMMENTARY 15. The Federal and State Constitutions guarantee "due process" to citizens when dealing with governmental entities. It is critical that the ordinance provide the opportunity to appeal decisions by administrative officers. Many of the existing ordinances do not provide this opportunity and therefore may be vulnerable to attack on procedural grounds. The local Board of Health is free to vary the process, as long as some type is hearing is provided.

COMMENTARY 16 The eight towns with Septic Management Ordinances have license fees that range from $5.to $15 per septic system.

COMMENTARY 17- This is only a suggested option for penalties. The Board of Health may vary this (within reason). The Board of Health should consult with its own attorney concerning the range of possible penalties.