N.J. Admin. Code § 7:9A-3.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 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).

N.J. Admin. Code § 7:9A-3.3

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).
Rewrote (f) and (i).
Repeal and New Rule, R.2012 d.066, effective 4/2/2012.
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
Section was "Existing systems".