Amendments to N.J.A.C. 7:9A Regarding Cesspools and Inspections for Real
Property Transfers – An Update
The adopted amendments will appear in the New Jersey Register on April 2, 2012
The rule requires that cesspools be replaced at the time of real property transfer. This
requirement does not apply to wastewater disposal systems which by definition do not
include cesspools. Seepage pit systems or older traditional septic systems that do not meet
current standards are not required by the rule to be upgraded.
The rule does not specify who is responsible for necessary upgrades during a real property
transfer (seller or buyer); this should be negotiated during the real property transfer process.
The adopted rules provide for delayed implementation for 60 days of the requirement to
upgrade functioning cesspools at the time of property transfer in order to accommodate
property transfers already in process.
If a conforming system cannot be installed on the property, the local authority has discretion
to allow a nonconforming system, provided the system design is protective of human health
and the environment. Also, as is currently provided for in the standards, if no ‘reasonable
system’ can be installed on the property, the least preferred option is for the property owner
to apply for a Treatment Works Approval for a holding tank.
The rule establishes a protocol for inspecting onsite systems during real property transfer.
The rule does not mandate its use nor does it require an upgrade to the system as a result of
that inspection. This portion of the rule provides buyers and sellers with information based
on a comprehensive evaluation of the system and can assist in negotiations for the
transaction. Unsatisfactory results, unless they indicate the system is malfunctioning, do not
require that anything be done immediately (although any work done on the system must be
properly permitted locally).
If something is observed during the inspection that is indicative of a malfunctioning
condition, it must be reported to the local health department and addressed as a report of a
malfunctioning system. Since 1990, property owners with a malfunctioning system had an
obligation to report the malfunction to the health department immediately. The inspection
report is a new way of gathering and reporting information characterizing a malfunctioning
system. A copy of the report must be sent to the local administrative authority in order to
meet the requirements of the inspection protocol.
Under the previous rules, and until April 2, 2012, a property owner with an existing cesspool
can (with a permit from the local health department) add a septic tank in front of the
cesspool. This effectively converts the cesspool to a seepage pit system and that seepage pit
system would not be subject to the requirement to immediately upgrade. On April 2, 2012,
any cesspool requiring repairs must be upgraded; there is no 60 day delay for this provision.
Addition of a septic tank in front of the cesspool will no longer be allowed.
