N.J. Admin. Code § 7:9A-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 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.

N.J. Admin. Code § 7:9A-1.6

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.1999 d.314, effective 9/20/1999.
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 4/2/2012.
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).