N.J.A.C. 7:9A Amendments The Standards for Individual Subsurface Sewage Disposal Systems Issues Encountered in Our First Year NJEHA March 5, 2013
History of the Changes Proposed on March 7, 2011 Comment period from 3/7/11 to 5/6/11 (60 days) 28 Commenters submitted 220 different comments Official response to comments in the April 2, 2012 New Jersey Register 2
Where to view the Rule Official versions of the New Jersey Register and Department rules are available from LexisNexis For the New Jersey Register http://www.lexisnexis.com/njoal For New Jersey Administrative Code (Rules) http://www.lexisnexis.com/hottopics/njcode/ 3
Rule structure Subchapters 1-3 are administrative Subchapters 4-6 are how to evaluate a site and select a proper location for a system Subchapters 7-11 are design criteria Subchapter 12 deals with operation and maintenance Subchapter 13 to establish critical areas 4
What did we miss? 5 Expiration dates on permits issued prior to 2012 that did not have expiration dates. Watertightness testing and lids to grade on pump tanks that do not incorporate advanced pretreatment. Excepting cesspools from upgrades at government facilities. Form 4. Item 1 for commercial inconsistency (no longer allowed to use water use data).
Where do we see most questions? 6 Existing systems Reconstruction Repair v. Alteration Cesspools Installer Credentials Commercial Food Service Fill Material/Septic Sand System Maintenance Inspections at Time of Sale
Where to get help? Definitions 48 effected definitions Most are new (technology & 7.4) Some relocated from 3.17 1 deletion 9 modifications 7
Subchapter 3 Existing systems Reconstruction Repairs vs. Alterations Cesspools System Professionals Installers - CIOWTS 8
Existing Systems Reconstructions Definition is confusing and may exceed the intent. What is the intent? Conforming includes TWAs. Does not include expansions in design volume which must fully comply with code. Will work to clarify Similar to Flood Hazard Area substantial reconstruction requirements (50% structure valuation) is a possibility. 9
Exceptions to Reconstruction Applies to: Hardships Systems approved post 12/31/96 Must inspect the entire system for conditions representing a potential non-compliance Engineers must certify system for use of structure not current use (underutilized properties) 10
Existing Systems 11 Repairs Limited to replacement in kind Engineers & disposal areas Alterations No need to upgrade entire system to code if no malfunction For either, if malfunctioning entire system needs to be inspected to evaluate if repair/alteration will correct the malfunction.
Cesspool Issues Exceptions If it s not excepted, are there options to get an exception? When does the cesspool need to be upgraded? Who needs to do them? How far do the upgrades need to go? What if it can t be upgraded? 12
Can a home sale proceed if the cesspool hasn t been upgraded? 13 The rule states that cesspools must be replaced as part of the transaction The Department understands that buyers will often be the responsible entity to perform the upgrade, but will not do so until they own it. Transactions may occur, but should be documented/conditioned so that all parties understand their obligation to upgrade. Local authority must be able to enforce.
Upgrading cesspools Need to upgrade to code if possible If a PE can document a fully conforming system is not possible to the administrative authority s satisfaction, same allowances provided in 3.3(d) are allowed As close to conforming provided its reasonable or a holding tank Remember that technology is now code 14
Some considerations The administrative authority has the ability to interpret the rules When a conforming system is not possible Greywater cesspools that can be brought to code Old 2 compartment tanks where the 2 nd compartment discharges 15
New technologies that now meet code Advanced wastewater pretreatment Drip dispersal Trade offs smaller system footprints (horizontal and/or vertical) for required maintenance (minimum twice per year) 16
System Professionals - Installers N.J.A.C. 7:9A-3.17 NEHA-CIOWTS A-level required as of January 1, 2013 Gravel Alternatives Advanced/High Strength Pretreatment Drip Dispersal Training and Testing 17
CIOWTS Credential Training is not required to take the test Application to NEHA for the credential prior to taking the test Test is 125 questions/3-hours/pass @ 70% Plan Assessment 10% Job Staging 20% Site Development/Installation 70% Good for 2 years/ceus required for renewal 18
Subchapters 7 & 8 Commercial Food Service Existing vs. New/Expansions Flow Issues TWA not typical for existing but must be obtained for new/expansion Pretreatment - High strength wastewater pretreatment is NOT advanced wastewater pretreatment (8.3) NOT NSF Systems! Maintenance schedule must be specified Treatment manufacturers sign off should be required 19
Subchapter 10 Select fill New specification to allow for C33 sand Codified TWA initially issued in 2003 New definition excludes blasted, crushed and non-rock (i.e., recycled) materials Problems related to particle shape/stability and chemical properties Working with NSF International to develop a new Standard 20
Subchapter 12 Maintenance Issues N.J.A.C. 7:9A-12.2 - System maintenance Supports local maintenance programs and those to be required under 7:15 Supports requirements in local approvals and TWAs Failure to maintain is a non-compliance (3.4) pulling out effluent filters and not replacing them 21
12.3 Advanced system maintenance Maintenance and monitoring requirements for systems incorporating advanced wastewater pretreatment devices All systems with a component addressed by 8.3 Includes all drip systems System owner is responsible In place for the life of the system Requirements for the service providers Reporting to administrative authority Includes notification if service contracts are not renewed 22
How often must these systems be inspected? In accordance with the manufacturer s maintenance requirements Inspection within 30 days of system startup Minimum of twice per year for the first two years, then once a year When property is transferred Some systems require more frequent inspections
ADVANCED TREATMENT SYSTEMS Inspection results to be recorded on inspection form and submitted to the administrative authority within 30 days
What needs to be done? Maintenance visit shall include the observation, monitoring and recording of the following: Wastewater level in tanks Filters for clogging/cleaning Clarity in NTU s The final effluent for odor and ph level All tanks for oily film and foam Any ponding of effluent around the pretreatment device and/or disposal area Pump cycle and run time meters The condition of drip dispersal system headworks and filters
ADVANCED TREATMENT SYSTEMS Inspection of a peat module during maintenance
ADVANCED TREATMENT SYSTEMS Inspection of the clarity of the treatment systems
ADVANCED TREATMENT SYSTEMS Yearly Maintenance: Measure the sludge and scum levels in the septic tank and notify the homeowner if pumping is needed Check effluent filters for clogging and clean as needed
ADVANCED TREATMENT SYSTEMS Authorized service providers shall have proper equipment and training to access and program any system control panel on site
12.6 System inspections 31 Inspections during real property transactions Not mandatory, however it is the State Standard Administrative authority gets a copy only response when a report indicates a malfunction Identifies that any problems are negotiated between parties No obligation to the administrative authority Calling authorized service providers for advanced wastewater pretreatment systems.
Inspection Protocol Preliminary Work Survey, One Call, Health Department Records, Permission Physical Inspection Locate all systems/components in order Reporting copies to all parties, results, follow-up Negotiate between parties 32
Health Department Role Receive report and maintain file Respond to reports of potential malfunctioning conditions observed Current property owner is responsible for mitigating malfunctions Other non-compliance issues Cesspools & non-systems 33
Inspection Issues Failure to do one or more required step: NJ One Call Review of Health Department records Pumping out all tanks Misinterpreting high water level Development of a voluntary registry to identify inspectors who have certified they will follow the protocol. 34
Future changes Revisit septic tank issues related to geometry and standardize the testing equally for all tanks. Changing slope requirements for beds. Eliminate references to "septic solids retainer and dust cap 35
Questions? 36 CH199@dep.state.nj.us Bureau of Nonpoint Pollution Control Division of Water Quality Mail Code 401-02B PO Box 420 Trenton, NJ 08625-0420 Phone: (609) 633-7021 Fax: (609) 984-2147