N.J. Admin. Code § 7:9A-2.1 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"A-horizon" means the uppermost mineral horizon in a normal soil profile. The upper part of the A-horizon is characterized by maximum accumulation of finely divided, dark colored organic residues, known as humus, which are intimately mixed with the mineral particles of the soil.

"Administrative authority" means the board of health having jurisdiction or its authorized agent acting on its behalf.

"Advanced wastewater pretreatment device" means an NSF International (NSF) Standard 40 or Standard 245 certified technology, which may be incorporated as a part of an onsite wastewater treatment system, which bears the NSF mark and is designed, installed, operated, monitored and maintained in accordance with that certification and this chapter. This definition also includes those technologies that are authorized for use in the Pinelands Area through the Pinelands Advanced Wastewater Treatment Systems Pilot Program at 7:50-10.23.

"Age-restricted unit" means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of the 42 U.S.C. §§ 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.

"Alteration" means any change in the physical configuration of an existing individual subsurface sewage disposal system or any of its component parts, including replacement, modification, addition or removal of system components such that there will be a change in the location, design, construction, installation, size, capacity, type or number of one or more components. The term "alter" shall be construed accordingly.

"Applicant" means the person who signs and submits an application to construct, install or alter an individual subsurface sewage disposal system.

"Approved" means accepted or acceptable under applicable specifications stated or cited in this chapter, or accepted as suitable for the proposed use under the procedures of this chapter. The word "approval" shall be construed accordingly.

"Approved engineering design" means the engineering plans and specifications for construction, installation or alteration of the individual subsurface sewage disposal system which have been reviewed and approved by the administrative authority.

"Artesian zone of saturation" means a zone of saturation which exists immediately below a hydraulically restrictive horizon, and which has an upper surface which is at a pressure greater than atmospheric, either seasonally or throughout the year.

"Authorized agent" means a licensed health officer, licensed professional engineer or first-grade sanitarian who is delegated to function within specified limits as the agent of the administrative authority.

"Authorized installer" means an individual who has completed all training requirements of a manufacturer of a product that is listed by the Department in accordance with 7:9A-8.3 or 9.8 and/or a listed system integrator of a drip dispersal system designed and installed in accordance with 7:9A-10.8, and who installs those advanced wastewater pretreatment devices, products used in lieu of laterals/filter material and/or drip dispersal systems, as applicable.

"Authorized service provider" means an individual who maintains an advanced wastewater pretreatment device and/or drip dispersal system in accordance with 7:9A-12.3, who monitors the system remotely and who responds appropriately to alarm conditions. This individual must either hold an S2 or greater license pursuant to N.J.A.C. 7:10A; or have completed all training required by a manufacturer of an advanced wastewater pretreatment device that is listed by the Department in accordance with N.J.A.C. 7:9A-8.3; and/or be a listed system integrator of a drip dispersal system in accordance with N.J.A.C. 7:9A-10.8.

"Bedrock" means any solid body of rock, with or without fractures, which is not underlain by soil or unconsolidated rock material.

"Bedroom" means any room within a dwelling unit, finished or unfinished, which may reasonably be expected to serve primarily as a bedroom or dormitory. The term bedroom shall be considered to include any room or rooms within an expansion attic.

"Blackwater" means any sanitary sewage generated within a residential, commercial or institutional facility which includes discharges from water closets, toilets, urinals or similar fixtures alone or in combination with other wastewater. Blackwater generally does not include laundry or kitchen wastewater.

"Building sewer" means the pipe extending from the outer wall of the building, or as defined in the State Uniform Construction Code, N.J.A.C. 5:23, to the septic tank or approved place of disposal other than a public sewer.

"Certificate of compliance" means a formal determination in writing by the administrative authority or its authorized agent that an individual subsurface sewage disposal system has been constructed, installed or altered in conformance with the requirements set forth in this chapter as well as any other applicable local ordinances.

"Cesspool" means a covered pit with open-jointed lining into which untreated sewage is discharged, the liquid portion of which is disposed of by leaching into the surrounding soil, the solids or sludge being retained within the pit.

"Chroma" means the relative purity or strength of a color, a quantity which decreases with increasing grayness. Chroma is one of the three variables of soil color as defined in the Munsell system of classification.

"Clay" means a particle size category consisting of mineral particles which are smaller than 0.002 millimeters in equivalent spherical diameter. Also, a soil textural class having more than 40 percent clay, less than 45 percent sand, and less than 40 percent silt, as shown in Figure 3 of Appendix A.

"Clay loam" means a soil textural class having 27 to 40 percent clay and 20 to 45 percent sand, as shown in Figure 3 of Appendix A.

"Coarse fragment" means a rock fragment contained within the soil which is greater than two millimeters in equivalent spherical diameter or which is retained on a two millimeter sieve.

"Cobble" means a coarse fragment which is rounded or subrounded in shape and which is between 76 millimeters (three inches) and 254 millimeters (10 inches) in diameter.

"Commercial food service activity" means any food service activity that includes the preparation of food for sale to any individual who or group that does not work at the facility where the food is prepared. This includes, but is not limited to, supermarkets, restaurants (including fast food), mini markets, bakeries, delis, bodegas and caterers. This does not include food service activities at cafeterias such as those at offices, schools, religious centers or employee eating areas that serve only the individuals that are employed by or attend the facility as part of normal operating functions. This definition shall not be construed to exempt any facility discharging large quantities of grease from the requirements in 7:9A-8.1.

"Commercial unit" means one or more buildings, or one or more rooms within a building, which will be occupied by a single individual, corporation, company, association, society, firm, partnership or joint stock company, and used for non-residential purposes. Within a commercial building, each room or suite of rooms having its own separate sanitary facilities as well as a separate entrance to the outside, or to a hallway, lobby, foyer or other common area, shall be considered to be a separate realty improvement, as defined in this section.

"Commercial use activities" means those activities that are related to the buying or selling of goods or services, and commonly occur at facilities such as offices, wholesale or retail stores, industrial buildings, factories, and shopping centers.

"Common plan of development or sale" means a contiguous area where multiple separate and distinct development activities have occurred, are occurring, or are proposed to occur under one plan. The "plan" in a common plan of development is broadly defined as any announcement or piece of documentation (including, but not limited to, a sign, public notice or hearing, advertisement, drawing, permit application, zoning request) or physical demarcation (including, but not limited to, boundary signs, lot stakes, surveyor markings).

"Component" means any device and/or structure that functions as a part of any system regulated by this chapter.

"Congregate living activities" means those activities at structures such as dormitories, motels, nursing/rest homes, group homes, assisted living facilities and boarding houses. These structures typically have one or more amenities and/or activities that service the establishment and not typically an individual unit, such as common bathrooms, kitchens, dining areas and/or laundry facilities.

"Construct" means to build, install, fabricate or put together on-site one or more components of an individual subsurface sewage disposal system.

"Conventional disposal field installation" means a type of disposal field installation described in 7:9A-10.1(b)1.

"County soil survey report" means a report prepared by the U.S. Department of Agriculture, Soil Conservation Service which includes maps showing the distribution of soil mapping units throughout a particular county together with narrative descriptions of the soil series shown and other information relating to the uses and properties of the various soil series.

"D-box" means a distribution box.

"Delineated stream" or "delineated floodplain" means a stream or flood plain for which the flood hazard areas have been officially specified by the State of New Jersey.

"Department" means the Department of Environmental Protection.

"Design permeability" means the permeability or percolation rate measured at the level of infiltration, as prescribed in N.J.A.C. 7:9A-6. For the purpose of this chapter, a percolation rate measured at the level of infiltration, though not a true measurement of permeability, may be considered to be a form of design permeability.

"Direct supervision" means control over and direction of work carried out by others with full knowledge of and responsibility for such work.

"Disposal bed" means an individual subsurface sewage disposal system component consisting of a closed excavation made within soil or fill material to contain filter material in which two or more distribution laterals have been placed for the disposal of septic tank effluent.

"Disposal field" means a disposal bed, a group of one or more disposal trenches, a drip dispersal area designed in accordance with N.J.A.C. 7:9A-10.8, or a seepage pit designed in accordance with N.J.A.C. 7:9A-11 or a seepage pit previously approved for sanitary sewage disposal. The perimeter of the disposal field corresponds to the perimeter of the disposal bed, or the outermost extent of fill material in a fill enclosed system, and the extent of the lateral fill extension in a mounded system, a line circumscribing the outermost edges of the outermost disposal trenches and including the area between the disposal trenches, or the outermost layer of filter material surrounding a seepage pit.

"Disposal trench" means an individual subsurface sewage disposal system component of a covered excavation made within soil or fill material to contain filter material in which a single distribution lateral has been placed for the disposal of septic tank effluent.

"Distribution box" means a water-tight structure which receives sanitary sewage effluent from a septic tank and distributes such sewage effluent in equal portions to two or more pipelines leading to the disposal field.

"Distribution lateral" means a perforated pipe or one of several perforated pipes used to carry and distribute septic tank effluent throughout the disposal field. The term "distribution line" is equivalent in meaning.

"Distribution network" means two or more inter-connected distribution laterals.

"Disturbed ground" means any site or portion of a site which has been modified in its suitability for absorption or disposal of septic tank effluent, or its ability to physically support the system components, as a result of activities carried out by man other than those specified in the approved engineering design. Except for artificial drainage, ground disturbed only for cultivation or related agricultural activities, shall not be considered disturbed ground. Disturbed ground includes those conditions set forth in 7:9A-5.10(b).

"Dosing tank" means a water-tight receptacle located between the septic tank and the disposal field, equipped with a siphon or pump, and designed to store and deliver doses of septic tank effluent to the disposal field.

"Drip dispersal" means a high pressure, low volume, subsurface method of disposing sanitary sewage in a manner that does not create saturated subsurface conditions below the ground surface and which is preceded by an advanced wastewater pretreatment device. A drip dispersal system includes all associated tanks, pumps, control panels, and piping that is designed, installed, operated and maintained in accordance with the requirements of the system integrator and this chapter.

"Drip emitter" or "emitter" means an engineered, pressure compensating flow control device which is typically attached to the inside wall of a dripperline over each orifice, that is wastewater rated and discharges wastewater out of the orifice at a constant rate over a range of operating pressures.

"Dripperline" or "drip tubing" means the wastewater rated polyethylene tubing that has uniformly spaced drip emitters along its length, which are attached to the inside wall of the tubing.

"Dry well" means a covered pit with open-jointed lining through which drainage from roofs, basement floors or areaways may seep into the surrounding soil.

"Dwelling unit" means any building or portion of a building, permanent or temporary in nature, used or proposed to be used as a residence either seasonally or throughout the year.

"Education/child care" means, for the purposes of estimating volumes of sanitary wastewater at facilities using onsite wastewater treatment and disposal systems, any activity associated with educating or providing for activities to individuals under instructor or supervisory care, but provides for no overnight accommodations. These include, but are not limited to, all levels of schools, colleges, vocational training centers, day care facilities and day camps.

"Encroachment line" means a line encompassing the channel of a natural stream and portions of the 100-year flood plain adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream. It is approximately equal to the floodway line along delineated streams.

"Equivalent spherical diameter" of a particle means the diameter of a sphere which has a volume equal to the volume of the particle.

"Excessively coarse horizon" means a horizon of limited thickness within the soil profile which provides inadequate treatment of septic tank effluent due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.

"Excessively coarse substratum" means a substratum below the soil profile which extends beyond the depth of soil profile pits and borings and which provides inadequate treatment of septic tank effluent due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.

"Existing ground surface" means the level of the ground surface prior to any manmade modification or disturbance.

"Expansion attic" means that part of a dwelling unit left unfinished but which is capable of being finished as a bedroom or bedrooms and which is accessible by permanent stairways or designed so that stairways can be installed.

"Experimental system" means an individual subsurface sewage disposal system which does not conform in location, design, construction or installation to standard engineering practice as set forth in this chapter.

"Extremely firm consistence" means a type of soil consistence which is described in 7:9A-5.3(h).

"Failing system" means a system that is malfunctioning in accordance with 7:9A-3.4.

"Fill material" or "fill" means any naturally occurring soil or rock based material that has not been physically altered, which meets or can be sorted to meet a specific grain size requirement and is placed within an excavation or over the existing ground surface.

"Filter material" means washed gravel or crushed stone, free of fines such as dust, ashes or clay, and meeting the size requirements of 7:9A-10.3(e)2 or 10.7(f).

"Finished grade" means the surface of the ground after completion of final grading.

"Firm consistence" means a type of soil consistence which is described in 7:9A-5.3(h).

"Flood fringe" means that portion of the flood hazard area not designated as the floodway. See N.J.A.C. 7:13.

"Flood hazard area" means the floodway and the flood fringe area of a delineated stream. See also N.J.A.C. 7:13.

"Floodway" means the channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream. See also N.J.A.C. 7:13.

"Flushing" means, for the purposes of drip dispersal design and operation, the process by which the entire piping network, including dripperlines, is hydraulically cleansed to prevent emitter clogging by increasing the velocity of water flow through the dripperlines to scour and transport solid materials that may have accumulated in or on the interior surfaces of the piping in a drip dispersal system.

"Food service activities" means those activities associated with the handling, preparing or serving of food that will result in the generation of wastewater. These activities are typically characterized by the use of heating, cooling, cooking or cleaning equipment including walk-in refrigeration units, stoves, fryers, ovens, warmers, steamers, dishwashers and sinks typically used for food or dish washing.

"Footing drain" means a subsurface drain installed below the foundation of a building to prevent the accumulation of surface and ground water below the foundation of the building.

"Fractured rock substratum" means a rock substratum which contains an adequate number of open and inter-connected fractures to allow unimpeded absorption of applied wastewater and transmission of this wastewater away from the disposal area.

"Fueling position" means the location at any automotive service station that can dispense any type of fuel to one vehicle at any one time. There may be multiple hoses or nozzles located at a single fueling dispenser. However, if only one vehicle can fuel at the dispenser at one time, the dispenser has only one fueling position.

"Gal/day" or "gpd" means U.S. gallons per day, which is a measure of rate of flow or hydraulic loading.

"General assembly activities" means those activities which provide areas of fixed or movable seating that may be used for gatherings of individuals. The type of facilities in which these activities could occur include, but are not limited to, religious facilities, all purpose rooms, stadiums, indoor or outdoor theatres, assembly halls, and airports.

"Gravel" means a rounded or subrounded coarse fragment which is between two millimeters (0.1 inches) and 76 millimeters (three inches) in diameter.

"Gravity dosing" means a type of effluent distribution which is defined in 7:9A-9.1(a)2.

"Gravity flow" means a type of effluent distribution which is defined in 7:9A-9.1(a)1.

"Grease trap" means a device in which the grease present in sanitary sewage is intercepted, congealed by cooling, accumulated and stored for pump-out and disposal.

"Greywater" means that portion of the sanitary sewage generated within a residential, commercial or institutional facility which does not include discharges from water closets or urinals.

"Ground water" means water below the land surface in a zone of saturation.

"Hard consistence" means a type of soil consistence which is described in 7:9A-5.3(h).

"Health Officer" means an individual licensed as such pursuant to 26:1A-41.

"High strength wastewater pretreatment component" means a sanitary sewage pretreatment device designed to actively remove fats, oils and grease, as well as reduce total suspended solids, biochemical and chemical oxygen demand, and is incorporated into septic system design by a septic system designer and takes into consideration the existing or anticipated sanitary wastewater strength and the required removal capabilities identified in 7:9A-8.1(i).

"Holding tank" means a closed water-tight structure designed and operated in such a manner as to receive and store sanitary sewage or septic tank effluent but not to discharge sanitary sewage or septic tank effluent to the surface or ground water or onto the surface of the land.

"Hue" means the dominant spectral color, one of the three variables of soil color defined within the Munsell system of classification.

"Hydraulically restrictive horizon" means a horizon within the soil profile which slows or prevents the downward or lateral movement of water and which is underlain by permeable soil horizons or substrata. Any soil horizon which has a saturated permeability less than 0.2 inch per hour or a percolation rate slower than 60 minutes per inch is hydraulically restrictive.

"Hydraulically restrictive substratum" means a substratum below the soil profile which slows or prevents the downward or lateral movement of water and which extends beyond the depth of profile pits or borings or to a massive substratum. A substratum which has a saturated permeability less than 0.2 inch per hour or a percolation rate slower than 60 minutes per inch is hydraulically restrictive.

"Individual subsurface sewage disposal system" or "ISSDS" means a collection of components for disposal of sanitary sewage into the ground which is designed and constructed in conformance with this chapter to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank or may incorporate an advanced wastewater pretreatment device and discharges liquid effluent of typical domestic strength to a disposal field. An ISSDS may include advanced wastewater pretreatment. The terms "onsite wastewater treatment system" and "system" are equivalent in meaning.

"Industrial wastes" means solid or liquid wastes resulting from processes employed in industrial establishments or in any commercial establishment engaged in processes which use or generate any of the pollutants or any substance containing any of the pollutants regulated under section 307(a), (b), or (c) of the Federal Clean Water Act of 1977, 33 U.S.C. §§ 1251 et seq., and the regulations promulgated pursuant thereto and any amendments thereto.

"Infiltrative surface" means the interface or contact between the filter material and the soil or fill at the bottom and sidewalls of the disposal bed or each individual disposal trench.

"Install" means to assemble, put in place or connect components of an individual subsurface sewage disposal system in a manner that will permit their use by the occupants of the realty improvement served.

"Interceptor drain" means a subsurface drain designed and constructed to intercept laterally moving perched ground water.

"Invert" means the floor, bottom or lowest portion of the internal cross-section of a closed conduit, used with reference to pipes or fittings conveying sanitary sewage.

"Level of infiltration" means the elevation of the horizontal interface or contact between the filter material and the soil or fill material at the bottom of the filter material.

"Limiting zone" means any horizon or combination of horizons within the soil profile, or any substratum or combination of substrata below the soil profile, which limits the ability of the soil to provide treatment and/or disposal of septic tank effluent. Limiting zones include rock substrata, hydraulically restrictive horizons and substrata, excessively coarse horizons and substrata, perched and regional zones of saturation. Criteria for recognition of limiting zones are given in 7:9A-5.5 through 5.9.

"Loamy sand" means a soil textural class, as shown in Figure 3 of Appendix A, that has a maximum of 85 to 90 percent sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 15; or a minimum of 70 to 85 percent sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 30.

"Lower plastic limit" means the moisture content corresponding to the transition between the plastic and semi-solid states of soil consistency. This corresponds to the lowest soil moisture content at which the soil can be molded in the fingers to form a rod or wire, one-eighth of an inch in thickness, without crumbling.

"Malfunctioning system" means an individual sewage disposal system which pollutes ground or surface waters or which creates a nuisance or hazard to public health or safety or the environment and includes, but is not limited to, the situations described in N.J.A.C. 7:9A-3.4.

"Manufacturer" means the company which holds proprietary rights to a system component or technology.

"Massive rock substratum" means a rock substratum which does not contain an adequate number of open and inter-connected fractures to allow unimpeded absorption of applied wastewater and transmission of this wastewater away from the disposal area.

"Massive structure" means one of the soil structural classes which is described in 7:9A-5.3(h).

"Minimum drip dose volume" means the volume of water discharged during a dosing event that is necessary to pressurize the entire drip dispersal system and sustain that pressure over a sufficient period to achieve the desired uniformity of discharges between all orifices.

"Mottling" means a color pattern observed in soil consisting of blotches or spots of contrasting color. The term "mottle" refers to an individual blotch or spot. Mottling is an indication of seasonal or periodic and recurrent saturation.

"Mounded disposal field installation" means a type of disposal field installation which is described at 7:9A-10.1(b)4.

"Mounded soil replacement disposal field installation" means a type of disposal field installation which is described at 7:9A-10.1(b)5.

"Munsell system" means a system of classifying soil color consisting of an alpha-numeric designation for hue, value and chroma, such as "7.5 YR 6/2", together with a descriptive color name, such as "strong brown".

"NJPDES permit" means a permit issued by the Department pursuant to the authority of the Water Pollution Control Act, 58:10A-1 et seq., and N.J.A.C. 7:14A for a discharge of pollutants.

"NJPDES" means the New Jersey Pollutant Discharge Elimination System as set forth in 58:10A-1 et seq. and in N.J.A.C. 7:14A.

"NTU" or "nepholometric turbidity units" is measure of water clarity.

"O-horizon" means a surface horizon, occurring above the A-horizon in some soils, which is composed primarily of undecomposed or partially decomposed plant remains which have not been incorporated into the mineral soil.

"One hundred year flood plain" means the area inundated by the 100-year flood. A 100-year flood is estimated to have a one percent chance, or one chance in 100, of being equalled or exceeded in any one year. See also N.J.A.C. 7:13.

"Onsite wastewater treatment system" or "OWTS" means an individual subsurface sewage disposal system.

"Operate" means to use or convey a building or facility served by an individual subsurface sewage disposal system or to own a building or facility where such use or occupation exists.

"Perched zone of saturation" means a zone of saturation which occurs immediately above a hydraulically restrictive horizon and which is underlain by permeable horizons or substrata which are not permanently or seasonally saturated.

"Percolation rate" means the rate of fall of water measured in a test hole as prescribed in 7:9A-6.4

"Permeability" means the rate at which water moves through a unit area of soil or rock material at hydraulic gradient of one, determined as prescribed in 7:9A-6.2, 6.3, 6.5 or 6.6.

"Permeable" means having a permeability of 0.2 inches per hour or faster or a percolation rate of 60 minutes per inch or faster. The terms "permeable soil", "permeable rock" and "permeable fill" shall be construed accordingly.

"Permit" means a written approval issued by the administrative authority or the Department for the construction, installation, alteration or operation of an individual subsurface sewage disposal system.

"Person" means an individual, corporation, company, association, society, firm, partnership and joint stock company as well as the State and any political subdivision thereof.

"Piezometer" means a device consisting of a length of metal or plastic pipe, open at the bottom or perforated within a specified interval, and used for the determination of depth to water, permeability or hydraulic head within a specific soil horizon or substratum.

"Platy structure" means one of the soil structural classes described in 7:9A-5.3(g).

"Practice of engineering" means any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design or general supervision of construction or operation for the purpose of assuring compliance with plans, specification and design in connection with any public or private engineering or industrial project.

"Pressure dosing" means a type of effluent distribution which is described in N.J.A.C. 7:9A-9.1.

"Pre-treatment unit" means a septic tank or a grease trap.

"Private access restroom activities" means sanitary sewage generating activities (not associated with shower/bathing activity) that occur at facilities where the typical user of the establishment including the restroom is present in the establishment for more than one hour. These include restroom activities at bathhouses, bowling alleys, day camps, religious institutions, day schools, schools and swimming pools.

"Professional engineer" means a person licensed to practice professional engineering in this State pursuant to N.J.S.A. 48:8-27 et seq.

"Property" means:

1. A single lot as defined by municipal lot and block or right of way (unless paragraph 2 below applies); or

2. The combined area contained within the legal boundaries of two or more contiguous lots where, for any part of each of those lots, there is a shared pecuniary, possessory or other substantial common interest by one or more persons (such as common ownership and/or operation or a common plan of development or sale).

"Public access restroom activities" means sanitary sewage generating activities that occur at establishments where the typical user of the facility is present for one hour or less. These include, but are not limited to, restroom activities at highway rest areas, roadside comfort stations, visitor centers and restaurants (for customers and/or non-customers).

"Real property transfer" means a conveyance of real property from one party to another.

"Realty improvement" means any proposed new residence, commercial building or other premises (including, but not limited to, condominiums, garden apartments, town houses, mobile homes, stores, office buildings, restaurants, hotels and so forth) not served by an approved water supply and approved sewerage system, the useful occupancy of which will require the installation or erection of a water supply system or sewerage facilities. Each dwelling unit in a proposed multiple-family dwelling or each commercial unit in a commercial building shall be construed to be a separate realty improvement.

"Regional zone of saturation" means a zone of saturation which extends vertically without interruption below the depth of soil borings and profile pits.

"Registered Environmental Health Specialist" means an individual licensed as such pursuant to 26:1A-41.

"Re-grading" means modification of a land slope by cutting and filling with the native soil or re-distribution of the native soil which is present at the site.

"Repair" means to fix, refurbish or replace one or more components of an individual subsurface sewage disposal system in a manner that will restore, preserve and not change the original location, design, construction and installation, size, capacity, type, or number of the components of the system.

"Replicate" means one of two or more soil samples or tests taken at the same location (within five feet of each other), and depth, within the same soil horizon or substratum. In the case of fill material, replicate tests are tests performed on sub-samples of the same bulk sample packed to the same bulk density.

"Reservoir" means a surface water body used to store a public drinking water supply or any portion of a tributary water course within one mile upstream of such a surface water body.

"Restricted chemical material" means any chemical material which contains concentrations in excess of one part per hundred, by weight of any halogenated hydrocarbon chemical, aliphatic or aromatic, including, but not limited to, trichloroethane, trichloroethylene, tetrachloroethylene, methylene chloride, halogenated benzenes and carbon tetrachloride; any aromatic hydrocarbon chemical, including, but not limited to, benzene, toluene and naphthalene; any phenol derivative in which a hydroxy group and two or more halogen atoms are bonded directly to a six-carbon aromatic ring, including, but not limited to, trichlorophenol or pentachlorophenol; or acrolein, acrylonitrile, or benzidine. Restricted chemical material does not, however, include any chemical material which is biodegradable and not a significant source of contamination of the ground waters of the State.

"Return manifold" means the pipe to which the distal ends of each lateral in a drip dispersal zone are connected.

"Rock substratum" means a solid and continuous body of rock, with or without fractures, or a weathered or broken body of rock fragments overlying a solid body of rock, where more than 50 percent by volume of the rock fragments are greater than two millimeters in diameter or large enough to be retained on a two millimeter sieve.

"Sand" means a particle size category consisting of mineral particles which are between 0.05 and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85 percent or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in Figure 3 of Appendix A.

"Sandy clay" means a soil textural class having 35 percent or more of clay and 45 percent or more of sand, as shown in Figure 3 of Appendix A.

"Sanitary sewage" means any liquid waste containing animal or vegetable matter in suspension or solution, or the water carried wastes resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water carried wastes of human origin or containing putrescible material. This term specifically excludes industrial, hazardous or toxic wastes and materials.

"Scum" means a mass of sewage solids floating at the surface of sewage and buoyed up by entrained gas, grease, or other substances. The term "scum layer" shall be construed accordingly.

"Seasonally high water table" means the upper limit of the shallowest zone of saturation which occurs in the soil, identified as prescribed in 7:9A-5.8.

"Seepage pit" means a covered pit with open-jointed lining through which septic tank effluent may seep into the surrounding soil.

"Septic system designer" means a New Jersey licensed professional engineer who prepares engineering plans and specifications for the construction or alteration of individual subsurface sewage disposal systems.

"Septic system enforcement officer" means a New Jersey licensed professional engineer, licensed health officer or registered environmental health specialist, acting as the authorized agent for the administrative authority, who approves, permits, certifies or licenses the construction, installation, alteration, repair or operation of individual subsurface sewage disposal systems or who reviews engineering plans; witnesses site evaluation and testing; and inspects construction or makes determinations that might be used for the granting of such approvals, permits, certifications or licenses.

"Septic system inspector" means a person who performs inspections of systems in accordance with 7:9A-12.6 for inspections during real property transfers.

"Septic system installer" means a person who constructs, installs or alters individual subsurface sewage disposal systems in accordance with approved engineering plans and specifications or who repairs systems in accordance with 7:9A-3.3.

"Septic tank" means a water-tight receptacle which receives the discharge of sanitary sewage from a building sewer or part thereof, and is designed and constructed so as to permit settling of settleable solids from the liquid, partial digestion of the organic matter, and discharge of the liquid portion into a disposal field or seepage pit.

"Septic tank effluent" means the primary treated wastewater or sewage discharged through the outlet of a septic tank. The term "effluent" is equivalent in meaning.

"Serial distribution" means a method of distributing septic tank effluent between a series of disposal trenches so that each successive trench receives effluent only after the preceding trenches have become full to overflowing.

"Service contract" means a legal, written agreement between a property owner and an authorized service provider to perform all system startup, maintenance and monitoring requirements identified in this chapter for any system that includes an advanced wastewater pretreatment device, which includes all drip dispersal systems. The agreement must be fully transferable to subsequent owners of the property and renewable.

"Sewage system cleaner" means any solid or liquid material intended or used primarily for the purpose of cleaning, treating, degreasing, unclogging, disinfecting or deodorizing any part of a sewage system but excluding those liquid or solid products intended or used primarily for manual cleaning, scouring, treating, deodorizing or disinfecting the surface of common plumbing fixtures.

"Sewage system" means any part of a wastewater disposal system, including but not limited to all toilets, piping, drains, sewers, septic tanks, grease traps, distribution boxes, dosing tanks, disposal tanks, disposal fields, seepage pits, cesspools or dry wells.

"Silt" means a particle size category consisting of mineral particles which are between 0.002 and 0.05 millimeters in equivalent spherical diameter. It also means a soil textural class having 80 percent or more of silt and 12 percent or less of clay, as shown in Figure 3 of Appendix A.

"Silty clay" means a soil textural class having 40 percent or more of clay and 40 percent or more of silt, as shown in Figure 3 of Appendix A.

"Silty clay loam" means a soil textural class having 27 to 40 percent of clay and less than 20 percent of sand, as shown in Figure 3 of Appendix A.

"Silt loam" means a soil textural class having 50 percent or more of silt and 12 to 27 percent of clay; or 50 to 80 percent of silt and less than 12 percent of clay, as shown in Figure 3 of Appendix A.

"Single grain structure" means one of the soil structural classes which are described in 7:9A-5.3(h).

"Single residential occupancy activities" means those activities that are associated with an individual private residence, such as, but not limited to, a single family home, apartment, condominium, townhouse and/or a duplex home.

"Sink hole" means a topographic depression the origin of which may be attributed to the dissolution and collapse of underlying limestone or dolomite bedrock.

"Sink station activities" means sanitary sewage generating activities associated with, but not limited to, hair styling at beauty salons and parlors.

"Site evaluator" means a New Jersey licensed professional engineer, licensed health officer, registered environmental health specialist or soil scientist who performs site evaluation, soil evaluation or soil testing as prescribed in N.J.A.C. 7:9A-4, 5 and 6.

"Sludge" means a relatively dense suspension of sewage solids which settle to the bottom of a septic tank, are relatively resistant to biological decomposition, and which collect in the septic tank over a period of time. The term "sludge layer" shall be construed accordingly.

"Soil" means any naturally occurring unconsolidated body of mineral and organic particles derived from the weathering in place of consolidated rock or unconsolidated mineral deposits and the decay of living organisms.

"Soil aggregate" means a naturally occurring unit of soil structure consisting of particles of sand, silt, clay, organic matter, and coarse fragments held together by the natural cohesion of the soil.

"Soil color" means the soil color name and Munsell color designation determined by comparison of the moist soil with color chips contained in a Munsell soil color book.

"Soil consistence" means the resistance of a soil aggregate or clod to being crushed between the fingers or broken by the hands. Terms for describing soil consistence described are in 7:9A-5.3(h).

"Soil horizon" means a layer within a soil profile differing from layers of soil above and below it in one or more of the soil morphological characteristics including color, texture, coarse fragment content, structure, consistence and mottling.

"Soil log" means a description of the soil profile which includes the depth, thickness, color, texture, coarse fragment content, mottling, structure and consistence of each soil horizon or substratum.

"Soil mapping unit" means an area outlined on a map in a County Soil Survey Report and marked with a letter symbol designating a soil phase, a complex of two or more soil phases, or some other descriptive term where no soil type has been identified.

"Soil material" means soil as well as any naturally occurring unconsolidated mineral deposit which is not a rock substratum.

"Soil phase" means a specific type of soil which is mapped by the Soil Conservation Service and which belongs to a soil series described within the County Soil Survey Report.

"Soil profile" means a vertical cross-section of undisturbed soil showing the characteristic horizontal layers or horizons of the soil which have formed as a result of the combined effects of parent material, topography, climate, biological activity and time.

"Soil profile pit" means an excavation made for the purpose of exposing a soil profile which is to be described.

"Soil replacement disposal field installation" means a disposal field installed as prescribed in 7:9A-10.1(b)2 and 3.

"Soil series" means a grouping of soil types possessing a specific range of soil profile characteristics which are described within the County Soil Survey Report. Each soil series may consist of several "soil phases" which may differ in slope, texture of the surface horizon or stoniness.

"Soil structural class" means one of the shape classes of soil structure described in 7:9A-5.3(g).

"Soil structure" means the naturally occurring arrangement, within a soil horizon, of sand, silt and clay particles, coarse fragments and organic matter, which are held together in clusters or aggregates of similar shape and size.

"Soil suitability class" means one of the classes of soil suitability with regard to the installation of an individual subsurface sewage disposal system which are defined based upon the type and depth of limiting zones present, as prescribed in 7:9A-5.4.

"Soil texture" means the relative proportions of sand, silt and clay in that portion of the soil which passes through a sieve with two millimeter openings.

"Soil textural class" means one of the classes of soil texture defined within the USDA system of classification. (Soil Survey Manual, Agricultural Handbook No. 18, U.S.D.A. Soil Conservation Service 1962.)

"Special ordinance" means an ordinance which sets requirements for the location, design, construction, alteration or use of individual subsurface sewage disposal systems which differ from the requirements of this chapter.

"Static water level" means the depth below the ground surface or the elevation with respect to some reference level, of the water level observed within a soil profile pit or boring, or within a piezometer, after this level has stabilized or become relatively constant with the passage of time.

"Stone" means a coarse fragment which is rounded or subrounded in shape and greater than 254 millimeters (10 inches) in diameter.

"Structure" means the same as the definition of the same term under the Realty Improvement Sewerage and Facilities Act (1954) at 58:11-25a.

"Subsurface drain" means any open pipe, layer of gravel, stone or coarse sand, or any combination of these elements placed below the surface of the ground and designed or constructed in such a manner as to allow movement of ground water into any surface water body, water course or onto the surface of the ground.

"Substratum" means a layer of soil or rock material present below the soil profile and extending beyond the depth of soil borings or profile pits.

"Suitable fill" means fill material which meets the requirements of 7:9A-10.1(f).

"Suitable soil" means unsaturated soil, above the seasonally high water table, which contains less than 50 percent by volume of coarse fragments and which has a permeability between 0.2 and 20 inches per hour or a percolation rate between three and 60 minutes per inch.

"Supply manifold" means the pipe to which the proximal ends of the laterals of a drip dispersal zone are connected to supply water to the dripperline during dosing events.

"Surface water" means any waters of the State which are not ground water.

"System" is an abbreviated designation for "individual subsurface sewage disposal system" and is equivalent in meaning. Cesspools, privies, latrines, pit toilets, outhouses, composting or waterless toilets, direct discharges to the ground surface or water courses, and illegally constructed or altered treatment or disposal mechanisms are not systems.

"System integrator" means a company or individual authorized by an original equipment manufacturer of drip tubing that pre-engineers drip dispersal systems, the required advanced wastewater pretreatment and other necessary parts of a drip dispersal system and authorizes installers and service providers for those systems.

"Test replicate" means one of two or more soil tests performed using the same procedure on each of several soil samples taken within the same soil horizon and at the same location within the proposed disposal field. The term "replicate sample" shall be construed accordingly.

"Textural analysis" means the determination of soil texture by means of a hydrometer analysis and a sieve analysis.

"Treatment works approval" means an approval issued pursuant to 58:10A-6 and N.J.A.C. 7:14A-22, or pursuant to former N.J.S.A. 58:12-3 (repealed by P.L. 1977, c. 74, Section 14 effective July 24, 1977).

"Undisturbed soil sample" means a soil sample in which the natural soil structure, porosity and cohesion are preserved intact, and in which the only cracks or planes of separation evident are those occurring naturally between soil aggregates.

"Value" means the relative lightness or intensity of a color, one of the three variables of soil color defined within the Munsell system of classification.

"Very firm consistence" means a type of soil consistence which is described in 7:9A-5.3(h).

"Very hard consistence" means a type of soil consistence which is described in 7:9A-5.3(h).

"Volume of sanitary sewage" means the maximum volume of sanitary sewage which may reasonably be expected to be discharged from a residential, commercial or institutional facility on any day of operation, determined as prescribed in 7:9A-7.4 and expressed as gallons or, for the purpose of this chapter, in gallons per day. The volume of sanitary sewage shall not be considered as an average daily flow, but shall incorporate a factor of safety over and above the average daily flow which is adequate to accommodate peak sanitary sewage flows or facilities which discharge greater than the average volumes of sanitary sewage either occasionally or on a regular basis. The use of water saving devices shall not be used as a basis for reducing estimates of the volume of sanitary sewage.

"Water course" means any stream or surface water body, or any ditch or subsurface drain that will permit drainage into a surface water body. This term does not include swales or roadside ditches which convey only direct runoff from storms or snow melting, and storm sewers designed and constructed in a manner that will prevent infiltration of ground water into the pipe or lateral movement of ground water through the excavation in which the pipe has been laid. Water course includes all wetlands and subsurface drains with an above-ground or surface water outlet.

"Water service line" means any underground conduit to convey potable or non-potable water.

"Water table" means the upper surface of a zone of saturation.

"Waters of the State" means the ocean and its estuaries, all springs, streams, wetlands and bodies of surface and ground water, whether natural or artificial, within the boundaries of this State or subject to its jurisdiction.

"Well" means a bored, drilled or driven shaft, or a dug hole, which extends below the seasonally high water table and which has a depth which is greater than its largest surface dimension.

"Wetland" means any area inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas.

"U.S.D.A. system of classification" means the system of classifying soil texture used by the United States Department of Agriculture which defines 12 soil textural classes based upon the weight percentages of sand, silt and clay in that portion of the soil which passes through a sieve with two millimeter openings. The soil textural classes are shown graphically on the soil textural triangle, Figure 3 of Appendix A.

"Zone of disposal" means the permeable layers of soil or rock material below the zone of treatment which permit downward movement of the septic tank effluent and lateral movement of this effluent away from the area of the disposal field.

"Zone of treatment" means the upper four feet of suitable soil or fill material, below the level of infiltration, which remove pollutants from the septic tank effluent by processes which include physical filtration of bacteria, adsorption of viruses and bacteria by clay and organic matter, biological destruction of pathogens by soil microorganisms, chemical fixation or precipitation of phosphorous, bio-chemical transformations of nitrogen compounds and biological assimilation of phosphorous and nitrogen.

"Zone of saturation" means a layer within or below the soil profile which is saturated with ground water either seasonally or throughout the year.

Notes

N.J. Admin. Code § 7:9A-2.1

Amended by R.1993 d.294, effective 6/21/1993.
See: 24 N.J.R. 1987(a), 25 N.J.R. 2704(b).
Amended by R.1994 d.469, effective 9/19/1994.
See: 26 N.J.R. 2715(a), 26 N.J.R. 3829(a).
Amended by R.1999 d.314, effective 9/20/1999.
See: 31 N.J.R. 1416(a), 31 N.J.R. 2741(a).
Inserted "Registered Environmental Health Specialist"; and deleted "Sanitarian First Grade".
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Added definitions "Common plan of development or sale" and "Property".
Amended by R.2012 d.066, effective 4/2/2012.
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
Added definitions "Advanced wastewater pretreatment device", "Age-restricted unit", "Authorized installer", "Authorized service provider", "Commercial food service activity", "Commercial use activities", "Component", "Congregate living activities", "Drip dispersal", "Drip emitter", "Dripperline", "Education/child care", "Failing system", "Flushing", "Food service activities", "Fueling position", "General assembly activities", "High strength wastewater pretreatment component", "Manufacturer", "Minimum drip dose volume", "NTU", "Onsite wastewater treatment system", "Private access restroom activities", "Public access restroom activities", "Real property transfer", "Return manifold", "Septic system designer", "Septic system enforcement officer", "Septic system inspector", "Septic system installer", "Service contract", "Sink station activities", "Single residential occupancy activities", "Site evaluator", "Structure", "Supply manifold", "System integrator", and "Water service line"; rewrote definitions "Disposal field", "Existing ground surface", "Fill material", "Individual subsurface sewage disposal system", "System", "Treatment works approval", "Volume of sanitary sewage", "Water course", and "Waters of the State"; and deleted definition "Pre-existing natural ground surface".