N.J.A.C 7:9A Standards for Individual Subsurface Sewage Disposal Systems effective 4-2-2012
7:9A-3.16 Other sanitary sewage disposal units
(a) Cesspools, privies, outhouses, latrines, pit toilets or similar sanitary sewage disposal units are not systems. When an administrative authority discovers a privy, outhouse, latrine, pit toilet or similar sanitary sewage disposal unit, or any cesspool that serves a structure and that is in need of repair or alteration, it must order these units be abandoned and a conforming system installed except:
- 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; or
- If the administrative authority is not able to approve a system under (a)1 above, application shall be made for approval to utilize a holding tank in accordance with N.J.A.C. 7:9A-3.12
(b) Effective June 2nd, 2012 except as provided at (c) below, all cesspools, privies, outhouses, latrines and pit toilets that are part of a real property transfer shall be abandoned and replaced with a system in accordance with (a) above.
(c) A cesspool that is not malfunctioning may continue to serve the structure after a real property transfer only in the following circumstances:
- A conveyance for a consideration of less than $100.00;
- A conveyance by or to the United States of America, the State of New Jersey, or any instrumentality, agency or subdivision thereof;
- A conveyance encumbering realty, or providing for the modification, release or discharge of a debt, obligation or encumbrance, or the foreclosure of a mortgage or lien, or sheriff and execution sales;
- A deed which confirms or corrects a deed previously recorded;
- A sale for delinquent taxes or assessments and the foreclosure of same;
- Judicial proceedings affecting interests in real estate, and documents filed in connection thereto;
- A conveyance by a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors;
- A deed eligible to be recorded as an “ancient deed” pursuant to N.J.S.A. 46:16-7;
- A deed or map that memorializes subdivisions of land, or which creates or affects easements or restrictions or other burdens upon title;
- A conveyance between family members or former spouses;
- Execution of a lease or license;
- In specific performance of final judgment;
- A deed releasing a right of reversion;
- A deed by a executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent’s property in accordance with the provisions of the decedent’s will or the intestacy laws of New Jersey, or the passage of title by intestacy or descent; or
- A deed to effectuate a boundary line agreement.
(d) A person claiming to qualify for an exemption under (c) above shall document the exemption that applies by providing to the administrative authority applicable State of New Jersey Affidavit of Consideration of Use forms available through the New Jersey Department of Treasury and all supporting documentation.