N.J. Admin. Code § 7:7A-6.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7A-6.2 - General permit-by-certification 24-Repair or modification of a malfunctioning individual subsurface sewage disposal (septic) system

(a) General permit-by-certification 24 authorizes activities in freshwater wetlands and transition areas necessary for the repair or modification of a malfunctioning individual subsurface sewage disposal system, provided the conditions at N.J.A.C. 7:7A-5.7 are met and:

1. The total area of disturbance including freshwater wetlands, transition areas, and non-regulated areas is no more than one-quarter acre and all disturbance is located on the same property where the malfunctioning system is located;

2. The proposed activities do not include disturbance of State open waters;

3. The repair or modification of the system is limited to serve only those volumes of sanitary sewage, estimated in accordance with N.J.A.C. 7:9A-7.4, that were approved prior to the malfunction; and

4. Prior to applying for this general permit-by-certification, the applicant obtains a letter from the local board of health with jurisdiction over the individual subsurface sewage disposal system, stating that:

i. The proposed activities are authorized under, and comply with, the Department's Standards for Individual Subsurface Sewage Disposal Systems at N.J.A.C. 7:9A;

ii. The proposed activities are not directly or indirectly caused by an expansion of the facility the individual subsurface sewage disposal system serves, or a change in its use, including a change from disuse or abandonment to any type of use; and

iii. There is no alternative location on the site that:

(1) Has a seasonal high water table deeper than 1.5 feet below the existing ground surface; and

(2) Can be used for a subsurface sewage disposal system.

N.J. Admin. Code § 7:7A-6.2

Adopted by 49 N.J.R. 3849(a), effective 12/18/2017