N.J. Admin. Code § 7:9A-3.3 - Existing systems
(a) Existing
systems serving existing structures may continue to be used without change
provided that these systems are compliant with the conditions upon which they
were approved, are not malfunctioning in accordance with
7:9A-3.4, and there is no expansion
or change in use of the existing structure that increases the estimated volume
of sanitary sewage from the structure (calculated in accordance with N.J.A.C.
7:9-7.4 ) or changes the type of waste generated (as prescribed in
7:9A-7.3 ).
(b) Existing systems associated with a realty
improvement or structure that undergoes a reconstruction as defined in the
Uniform Construction Code, N.J.A.C. 5:23, without a change in use, may be
approved to be used by the administrative authority when:
1. A system designer has certified that all
aspects of the location, design, construction, installation and operation of
the existing system are in conformance with the requirements of this chapter or
the system will be altered so that it will be in conformance with the
requirements of this chapter. If the property cannot support a system in
conformance with the requirements of this chapter, the owner shall apply for
approval to utilize a holding tank in accordance with
N.J.A.C.
7:9A-3.12.; or
2. A septic system designer certifies that
the existing septic tank and disposal field do not exhibit any condition
representative of non-compliance, including any of the malfunction criteria
listed at 7:9A-3.4(b), and
are adequate to treat and dispose of the estimated volume and type of sanitary
sewage generated by the reconstructed structure, the existing system may
continue to be used, limited to the following cases:
i. The reconstruction is necessitated by a
catastrophic event, such as fire, storm or flood; or
ii. The existing system was approved by the
administrative authority after December 31, 1996.
(c) When an existing system is
serving an existing structure and is not malfunctioning, and the owner proposes
a change to the structure or the use of the structure that will change in any
way the estimated volume of sanitary sewage or the type of waste generated, the
system may continue to be used if it is demonstrated that the wastewater
generated will not exceed the treatment and disposal capability of the existing
system by submission of either:
1. A prior
approval for the existing system issued by the administrative authority or
Department that demonstrates that the existing system is adequate to treat and
dispose of the estimated volume and type of sanitary sewage generated by the
proposed expanded structure or new use of the existing structure; or
2. A certification by a septic system
designer that all components of the existing system are adequate to treat and
dispose the estimated volume of sanitary sewage and the type of waste
generated.
(d) When an
existing system serving an existing structure is in need of repair for any
reason, the repair shall be made in a manner that restores and preserves the
original approved design, and does not change the original location, size,
capacity, type, or number of components of the system.
1. If the existing system is malfunctioning
or otherwise non-compliant as described in N.J.A.C. 7:9A-3.4, the repair shall
be done in a manner that eliminates the cause of the malfunction, addresses the
non-compliance, and ensures that the system will not, with proper operation and
maintenance, result in future non-compliance; and
2. If the disposal field requires repair due
to a malfunction, the information in (d)2i and ii below shall also be provided
to the administrative authority.
i. A
certification by a septic system designer prior to the issuance of the approval
by the administrative authority that:
(1) The
repaired disposal field will be adequate to treat and dispose of the estimated
volume of sanitary sewage and the type of waste generated; and
(2) If there is a malfunctioning condition,
the repair will correct the malfunctioning condition.
ii. A final as-built drawing signed and
sealed by a septic system designer after the repair is completed if any
inconsistencies from the original system design are identified during the
repair or if original drawings of the system are not currently on file with the
administrative authority.
(e) When an existing system associated with
an existing structure is to be altered for any reason, including an expansion
or change in use of the structure(s) served, alterations shall meet the
requirements of a new system in
7:9A-3.2 except as indicated below.
If the scope of the alteration is such that it constitutes the practice of
professional engineering according to N.J.S.A. 45:8-1 et seq. and the rules
adopted pursuant thereto, then such alterations shall be made in conformance
with plans and specifications signed and sealed by a septic system designer.
Any alteration to a disposal field constitutes the practice of professional
engineering.
1. If the alteration is not
necessitated due to a malfunction, and the owner does not propose to expand or
change the use of the associated structure in a manner that will increase the
estimated volume of sanitary sewage or type of waste, the administrative
authority shall approve the alteration if it is determined to be protective of
human health and the environment and will be completed in a manner that brings
the system closer to conformance with the requirements of this
chapter.
2. If the existing system
is proposed to be altered because it is malfunctioning as described in
7:9A-3.4 and the owner does not
propose to expand or change the use of the associated structure in a manner
that will increase the estimated volume of sanitary sewage or type of waste,
the alteration shall:
i. Be performed in a
manner that will bring the system into conformance with this chapter, eliminate
the cause of the malfunction and assure that, with proper operation and
maintenance, the system design will not cause future malfunction; and
ii. If it is not possible to bring the system
into conformance with this chapter, the system shall be brought as close to
conformance with the requirements of this chapter as the administrative
authority determines is possible, provided the system as improved results in a
discharge that is protective of human health and the environment. If the
administrative authority is not able to approve a system under this
subparagraph, application shall be made for approval to utilize a holding tank
in accordance with
7:9A-3.12 (b).
Notes
See: 24 N.J.R. 1987(a), 25 N.J.R. 2704(b).
Amended by R.1994 d.469, effective
See: 26 N.J.R. 2715(a), 26 N.J.R. 3829(a).
Amended by R.1999 d.314, effective
See: 31 N.J.R. 1416(a), 31 N.J.R. 2741(a).
Rewrote (f) and (i).
Repeal and New Rule, R.2012 d.066, effective
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
Section was "Existing systems".
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