[HISTORY: Adopted by the Borough of Rutherford Council 9-16-1947 by Ord. No. 1499, effective 9-17-1947. Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary Code — See Ch. 89.
Sewage Disposal Code — See Ch. 92.
Disposal of industrial wastes — See Ch. 93.
Sewers and wastewater disposal — See Ch. 94.
Stormwater management — See Chs. 107A and 107B.
Water pollution — See Ch. 129.
The sanitary sewer system of the Borough of Rutherford shall consist of the main sewer, sewer laterals and building connections, which are defined as follows:
A. 
The main sewer consists of the sewer lines laid in and along the streets and through private rights-of-way.
B. 
The sewer laterals are the sewer lines extending from the main sewer to the curbline.
C. 
The building connections are the sewer lines extending from the curbline to within six feet of the building.
The Department of Public Works shall have complete supervision and control, subject to the action of the Mayor and Council, of the construction, operation and maintenance of the sanitary sewer system.
[1]
Editor's Note: Former § 91-3, Construction of sewer laterals, was repealed 6-24-2008 by Ord. No. 3157-08.
[Amended 6-24-2008 by Ord. No. 3157-08; 11-25-2008 by Ord. No. 3171-08]
All connections with the sewer laterals shall be approved by the Borough’s plumbing subcode official and/or Department of Public Works. The property owner shall obtain the appropriate street opening permit and maintain the street opening as required by Borough Code.[1]
[1]
Editor's Note: See Ch. 109, Streets and Sidewalks, Art. III, Street Openings.
Every person who shall be licensed as provided for in the preceding section shall execute a bond to the Borough of Rutherford in the sum of $1,000 with sufficient surety to be approved by the Mayor and Council, conditioned that he will indemnify and save harmless the said borough against all damage and costs from any injury which may occur to persons or property by reason of any neglect or carelessness on his part during the progress of said work, and every such person shall execute a further bond to the said borough in the sum of $250 with like surety, conditioned that he will indemnify and save harmless the said borough against all damage and costs occasioned by any injury or obstruction which he may do or cause to be done to any of the sewers of said borough in any manner whatsoever.
The tapping of a main sewer or the digging up of the streets for that purpose or for the purpose of replacing or repairing the same by any person, firm or corporation is hereby prohibited, except by agents and employees of the Borough of Rutherford and upon special permission granted by the Mayor and Council.[1]
[1]
Editor's Note: See also Ch. 109, Street and Sidewalks, Art. III.
[1]
Editor's Note: Former § 91-7, Fee, as amended, was repealed 6-24-2008 by Ord. No. 3157-08.
[Amended 12-18-1962 by Ord. No. 1874; 6-24-2008 by Ord. No. 3157-08]
No connection with the sewer system shall be made except upon application for a permit for the same being made to the Borough Clerk, setting forth the location of the property, description of the improvement and the nature of the waste to be carried by said connection. The Borough Clerk shall issue a permit upon the payment of a fee at the following rates:
A. 
Each housekeeping unit: $100.
B. 
Automobile service stations, garages and laundries: $250.
C. 
All other places of business not specifically mentioned in this chapter: $150.
[Amended 7-3-1973 by Ord. No. 2129-73; 6-24-2008 by Ord. No. 3157-08]
All connections with sewer laterals shall be made in a careful and workmanlike manner and shall consist of pipe of accepted standard construction such as ductile iron pipe, cast-iron pipe and polyvinyl chloride (PVC) pipe.
[Amended 11-3-1954 by Ord. No. 1683]
The sanitary sewer system shall be used only for the discharge of fluid refuse from sinks, bath and house laundry tubs, showers baths, urinals and waste from toilets and such other waste as the Mayor and Council shall from time to time authorize by ordinance to enter said sewer system.
[Amended 11-3-1954 by Ord. No. 1683]
The discharging or the depositing of any of the following substances in the sewer system is hereby prohibited:
A. 
Any ashes, cinders, sand, mud, straw, wood shavings, metal, glass, rags, feathers, tar, plastics or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system.
B. 
Gasoline, naphtha, petroleum products or any substance which may create an explosion hazard in the system.
C. 
Oils, fats or grease except as may result from household, hotel or restaurant operation.
D. 
Surface or rain water from yards, areas, courts, cellars, drains or roofs.
E. 
[1]This ordinance also provided for the relettering of former Subsections F and G as E and F, respectively. Milk, brewery or distillery waste in any form.
[1]
Editor's Note: Former Subsection E, pertaining to rubbish or garbage, was repealed 4-18-1995 by Ord. No. 2727-95.
F. 
Any waste or substance which shall cause or result in:
(1) 
Chemical reaction, either directly or indirectly, with materials of construction to impair the strength or durability of any sewer structure.
(2) 
Mechanical action that will destroy or damage the sewer structure.
(3) 
Restriction of hydraulic capacity of sewer structures.
(4) 
Restriction of normal inspection or maintenance of sewer structure.
(5) 
Placing of unusual demands on the sewage-treatment equipment or process.
(6) 
Limitation of effectiveness of the sewage treatment process.
(7) 
Danger to public health or safety.
(8) 
Obnoxious conditions inimical to the public interest.
No person, firm or corporation shall discharge sewage from any lands and premises into any public street, watercourse or other public place.
[Amended 6-26-1967 by Ord. No. 1978]
Grease traps, acid traps, special trap devices or other appliances necessary to properly protect the sewer system from stoppage shall be installed by the owner or occupant of the property at its or his expense when notified by the Mayor and Council, in writing, to make such installation. Upon failure or neglect of any such owner or occupant to comply with such notice, in addition to the penalties hereinafter provided for violation of this chapter, the permit to connect said property with the sewer system may be revoked by the Mayor and Council.
[Amended 11-3-1954 by Ord. No. 1683]
In addition to other penalties herein provided for the violation of this chapter, the Mayor and Council may revoke a permit for a connection with the sewer system for any violation thereof. In the event that the Mayor and Council shall revoke a permit, as herein provided, the discharge of sewage into the sewer system shall be immediately discontinued, and any person, firm or corporation or occupant of any premises who shall continue to discharge sewage into the system after said revocation shall be deemed to have violated this chapter, and each day's continuation of such violation shall constitute a separate violation thereof.
An unused building connection shall not be connected with the sewer system until the Superintendent of Public Works has inspected the same and has found it to be clean and to conform with the requirements of this chapter.
Upon the demolishing or razing of a building, the building connection shall be sealed in a manner to be approved by the Superintendent of Public Works at the expense of the property owner.
[Added 12-18-2007 by Ord. No. 3148-07[1]]
A. 
Purpose. The purpose of this section is to prohibit illicit connections to the municipal separate stormwater sewer system(s) operated by the Borough of Rutherford so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate stormwater sewer system operated by the Borough of Rutherford, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
MUNICIPAL SEPARATE STORMWATER SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Rutherford or other public body and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
C. 
Prohibited conduct. No person shall discharge or cause to be discharged, through an illicit connection to the municipal separate stormwater sewer system operated by the Borough of Rutherford, any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
D. 
Enforcement. This section shall be enforced by the Building Department of the Borough of Rutherford.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 91-17 and 91-18 as §§ 91-18 and 91-19, respectively.
The provisions of this chapter shall be severable and if any of the provisions hereof shall be held to be unconstitutional, the decision of the court respecting such provision or provisions shall not affect the validity of any other provisions which can be given effect without such invalid provision or provisions.
[Amended 12-18-2007 by Ord. No. 3148-07]
Any person who is found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $1,000 per day for so long as the violation continues.
[Added 8-18-2020 by Ord. No. 3530-20]
A. 
Purpose. The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Rutherford so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Rutherford or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
C. 
Prohibited conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by Borough of Rutherford is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
D. 
Exceptions to prohibition.
(1) 
Water line flushing and discharges from potable water sources.
(2) 
Uncontaminated ground water (e.g., infiltration, crawlspace or basement sump pumps, foundation or footing drains, rising ground waters).
(3) 
Air conditioning condensate (excluding contact and non-contact cooling water).
(4) 
Irrigation water (including landscape and lawn watering runoff).
(5) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(6) 
Residential car washing water, and residential swimming pool discharges.
(7) 
Sidewalk, driveway and street wash water.
(8) 
Flows from firefighting activities.
(9) 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
(c) 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
E. 
Enforcement. This section shall be enforced by the Building Department of Rutherford.
F. 
Penalties. Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to a fine not to exceed $1,000.
G. 
Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.