N.J. Admin. Code § 7:9A-3.5 - Permit to construct or alter

(a) A person shall not construct, install, repair or alter an individual subsurface sewage disposal system until the administrative authority or its authorized agent has issued a permit for such construction, installation, repair or alteration.
(b) The administrative authority or its authorized agent shall not issue a permit to construct, install or alter an individual subsurface sewage disposal system until an application has been submitted as prescribed in (c) below and, based upon a review of the application submitted, the location and design of the proposed system are found by the administrative authority or its authorized agent to be in conformance with the requirements of this chapter.
(c) The applicant shall submit a complete, accurate and properly executed application to the administrative authority. All soil logs, soil testing data, design data and calculations, plans and specifications, and other information submitted in connection with the subsurface sewage disposal system design shall be signed and sealed by a septic system designer except where 7:9A-3.3(d) or (e) allows otherwise. The application shall include the following information:
1. Key maps showing the approximate boundaries of the lot on a U.S. Geological Survey (U.S.G.S.) topographic quadrangle or other accurate map and on a U.S.D.A. soil survey map, which is available from the Natural Resource Conservation Service (NRCS). A good quality photo-copy reproduction of the U.S.G.S. quadrangle or U.S.D.A. soil survey map may be used for this purpose;
2. Full build-out plans of the property if it is part of a common plan of development or sale;
3. A site plan, prepared in accordance with N.J.A.C. 13:40-7 and drawn at a scale adequate to depict clearly the following features within a 150 foot radius around the proposed system:
i. Location of all components of the proposed system including, but not limited to, septic tanks, grease traps, dosing tanks, distribution boxes, distribution laterals, disposal fields, interceptor drains and seepage pits;
ii. Boundaries of lot;
iii. Locations of existing and proposed buildings, roadways, subsurface drains, wells and disposal areas on same lot and on adjacent lots;
iv. Existing and finished grade topography (two foot contour interval) using absolute elevations or relative elevations referenced to a permanent bench-mark;
v. Location of all surface water bodies, natural and artificial, and all springs or areas of ground water seepage;
vi. Location of existing and proposed surface water diversions;
vii. Location of all outcrops of bedrock;
viii. Conformance with setback requirements as required in 7:9A-4.3;
ix. Location of all soil profile pits, soil borings and permeability tests;
x. Location of riparian zones, flood hazard areas and floodways, and streams within the near vicinity of the site; and
xi. State approved boundaries of any wetland areas or transition areas within the boundaries of the property or within 150 feet of the area of the proposed system. Alternatively, the applicant may submit evidence of compliance with the requirements of N.J.A.C. 7:7A as provided pursuant to 7:9A-4.7(b) or (c).
4. Soil logs prepared as prescribed in 7:9A-5.3;
5. Soil suitability class(es) determined as prescribed in 7:9A-5.4;
6. Results of permeability tests performed as prescribed in N.J.A.C. 7:9A-6, including all test data and calculations;
7. Maximum expected daily volume of sanitary sewage and method of calculation. For properties that are part of a common plan of development or sale, the estimated volume of sanitary sewage shall be estimated from the maximum daily activities at the property after completion of the common plan of development or sale;
8. Detailed engineering plans and specifications for all components of the systems; and
9. All data and calculations used in the design of the system.
(d) Applications shall be made using standard forms provided in Appendix B of this chapter or forms provided by the administrative authority which contain all of the information required on the standard forms in Appendix B. The administrative authority or its authorized agent may require additional data or the completion by the applicant of additional application forms.
(e) The administrative authority or its authorized agent shall include an expiration date in every permit to construct, install, alter or repair an individual subsurface sewage disposal system. The expiration date shall not exceed five years from the effective date of the permit.
(f) Other than field modifications in accordance with 7:9A-3.7, any administrative authority that receives information following the issuance of any permit to install, construct, repair or alter, which contradicts or otherwise may invalidate the issuance of the original permit, shall require the cessation of installation, construction, repair or alteration activities on the system, as applicable, and determine the accuracy of the information. If the administrative authority verifies information that invalidates the conditions on which the original permit was based, the administrative authority shall:
1. Rescind the approved permit for any system on which construction was not completed and certified in accordance with 7:9A-3.13 and direct the permittee to amend the application with information that accurately reflects actual site conditions and an appropriate system design; or
2. Direct the permittee to institute remedial measures in situations where system construction has been completed and certified, and to reapply with an application that accurately reflects actual site conditions and an appropriate system design.


N.J. Admin. Code § 7:9A-3.5
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.2012 d.066, effective 4/2/2012.
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
In (a), inserted ", repair" twice; in the introductory paragraph of (c), substituted "septic system designer" for "licensed professional engineer" and "7:9A-3.3(d) or (e)" for "7:9A-3.3(d)1"; in (c)1, substituted "Natural Resource Conservation Service (NRCS)" for "Soil Conservation Service ("SCS")", and deleted the last sentence; added new (c)2; recodified former (c)2 through (c)8 as (c)3 through (c)9; in (c)3x, substituted "riparian zones, flood hazard areas and floodways, and" for "stream encroachment boundaries for"; in (c)7, inserted the last sentence; in (c)9, deleted "sewage" preceding "system"; and added (e) and (f).

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