N.J. Admin. Code § 7:9A-1.6 - General prohibitions
(a) A person shall
not install, construct, alter or repair an individual subsurface sewage
disposal system without first obtaining the necessary permits, approvals or
certifications as required by this chapter.
(b) An administrative authority shall not
issue an approval, permit or certification for installation, construction,
alteration, or repair of an individual subsurface sewage disposal system where
such installation, construction, alteration or repair will violate or otherwise
not be in compliance with the requirements of this chapter.
(c) The construction, installation or
operation of a subsurface sewage disposal system to serve more than one
property is prohibited unless a treatment works approval and/or a NJPDES permit
has been issued by the Department.
(d) Individual subsurface sewage disposal
systems shall not be located, designed, constructed, installed, altered,
repaired or operated in a manner that will allow the discharge of an effluent
onto the surface of the ground or into any water course.
(e) The administrative authority shall not
approve the construction or alteration of individual subsurface sewage disposal
systems or other means of private sewage disposal where a sanitary sewer line
is available within 100 feet of the property to be served. For the purpose of
this subsection, an existing sanitary sewer line shall be considered to be
available when the following conditions are met:
1. Connection of the facility to the sanitary
sewer line may be accomplished without installing a pump station, blasting
bedrock, acquiring an easement or right-of-way to cross an adjoining property,
or crossing a watercourse, railway, major highway or other significant
obstacle; and
2. The property to be
served is located within the designated sewer service area of the sewage
treatment plant to which the sanitary sewer line is connected.
(f) The discharge of sanitary
sewage or the effluent from any individual subsurface sewage disposal system
into any abandoned well or any well constructed for the purpose of sanitary
sewage disposal is prohibited. The administrative authority shall not approve
the discharge of sanitary sewage or septic tank effluent into an existing well
or the construction of a new well for the purpose of waste disposal.
(g) The construction, installation,
alteration or repair of cesspools, privies, outhouses, latrines and/or pit
toilets is prohibited.
(h) The
administrative authority shall not approve the construction or installation of
seepage pits except as provided by
7:9A-7.6.
(i) The discharge of industrial wastes into
an individual subsurface sewage disposal system is prohibited unless such
discharge has been authorized by a treatment works approval or a NJPDES permit
issued by the Department.
(j) The
administrative authority shall not approve the construction, installation or
alteration of any individual subsurface sewage disposal system used for the
discharge of industrial wastes.
(k)
The administrative authority shall not approve the construction, installation,
repair or alteration of any system, or part thereof, that is located on a
property other than the property on which the structure it serves is located,
until it is in receipt of a copy of a deed notice prepared in accordance with
the New Jersey Recording Act,
46:15-1.1 et seq., recorded with
the office of the clerk or the registrar of deeds and mortgages of the county
in which the property where the system is located. The deed notice shall run
with the property and be binding upon the property owner and the successors in
interest in the property or in any part thereof. The deed notice shall include:
1. The lot(s) and block(s) of the property on
which the structure generating the sanitary sewage is located;
2. The lot(s) and block(s) of the property in
which the system or system components are located;
3. The site plan location of all the system
components and the associated, applicable separation distances on the
properties in (k)1 and 2 above, as set forth in
7:9A-4.3 or a reference to those
materials permanently on file with the administrative authority; and
4. A restriction and/or 100-year lease
agreement or easement for the property(ies) where the system or portion of the
system will be located, which shall provide notice:
i. That the property(ies) contains a system
or components of a system which serves a structure on another property;
and
ii. Of the associated
restrictions on any realty improvements on the property(ies) containing the
system or components of the system serving a structure on another property that
may infringe upon the minimum separation distances as set forth in
7:9A-4.3.
(l) The
administrative authority shall not approve the construction, installation,
alteration, operation or repair of any system or systems that are included as
any part of any improvement to a property, existing, proposed or planned in
accordance with any municipal subdivision or site plan approval(s), where the
total expected volume of sanitary sewage for the property, based upon
completion of all improvements, will exceed 2,000 gpd. This prohibition shall
not apply to residential developments where each individual private residence
is served by a system that serves only that individual private residential
source and both the individual private residential source and the system are
located on the same individual lot.
Notes
See: 24 N.J.R. 1987(a), 25 N.J.R. 2704(b).
Amended by R.1999 d.314, effective
See: 31 N.J.R. 1416(a), 31 N.J.R. 2741(a).
In (c), deleted ", dwelling unit, commercial unit or other premises" following "property".
Amended by R.2012 d.066, effective
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
In (c), substituted "construction, installation or operation" for "use" and "to serve" for "for", and inserted "and/"; in (e)2, substituted the first occurrence of "sewer" for "sewerage"; and added (k) through ( l).
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