[Adopted 9-14-2004 by Ord. No. 3484 (Ch.
212 of the 1990 Code)]
The Township of Franklin Sewerage Authority,
in operating in its respective sanitary sewer systems with the Township
of Franklin, must contend with the impact of heavy rainfall and its
potential for creating surcharge conditions upon its systems. The
condition is exacerbated by the gallonage added to the sewer system
by sump pumps, floor drains, roof drains, related apparatus, and the
infiltration of other than normal sanitary sewage improperly connected
to its sewerage systems. It is in the best interest of the Township,
through its Sewerage Authority, to establish an approach to encourage
and require that such improper connections be dismantled. The excess
infiltration of water has the potential of overloading the carrying
capacity of the sanitary sewer systems, which may result in the discharge
of raw sewage to the surface and ground waters of the Township, causing
a serious public health hazard.
The purpose of this article, generally, is to
promote compliance with the rules and regulations of the Township
of Franklin Sewerage Authority, and, specifically, to require that
all such improper connections into its systems be removed. It is the
further purpose of this article to insure that infiltration of nonsanitary
sewage be minimized to all sewage disposal systems operating within
the Township of Franklin.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Refers to the "Rules and Regulations Governing the Operations
of the Township of Franklin Sewerage Authority," and as same may be
lawfully amended.
The normal water-carrying household and toilet waste from
residences, business buildings, institutions, and commercial and industrial
establishments, including those set forth in Section 1 of the Rules
and Regulations.
All facilities and appurtenances connected with the collection
system, trunk system, and laterals, including those set forth in Section
1 of the Rules and Regulations.
A.
Violation of Township of Franklin Sewerage Authority
Rules and Regulations. No person shall violate the Rules and Regulations
of the Township of Franklin Sewerage Authority when applicable.
B.
Sump pumps, floor drains, roof drains and related
apparatus. No person shall connect any sump pump, floor drain, roof
drain, and/or any related apparatus to any sanitary sewer line. The
record title owner responsible under this section and shall be presumed
to have caused such connection.
C.
Infiltration into sanitary sewer system. No person
shall permit, allow or suffer or cause the infiltration of water or
any other substance which is not normal sanitary sewerage as defined
hereinabove into the Township of Franklin Sewerage Authority system,
or any other system operated within the Township. The record title
owner shall be responsible under this section and shall be presumed
to have caused such infiltration.
[Amended 2-9-2021 by Ord. No. 4337-21]
A.
Reasonable basis to inspect. Before any inspection
is made of the suspected premises, the Franklin Township Sewerage
Authority shall have a reasonable basis to suspect that a violation
of the article has occurred. Such reasonable basis shall exist whenever
it has been supported by reasonable facts or whenever the Sanitary
Inspector or any other person duly authorized by the Sewerage Authority
to enforce the terms and conditions of this article so determines,
based on reasonable facts in that official's possession.
B.
Property owner consent. Upon satisfaction of Subsection A hereinabove, the Sanitary Inspector or other duly authorized representative shall visit the premises in question and request permission to inspect the premises for a violation of this article. If such permission is granted, entry shall not be made until the property owner has signed a written consent form to be supplied by the Township of Franklin Sewerage Authority. Once written permission is obtained, the Authority representative shall inspect the premises to determine if such violations do exist. The premises shall be made available and accessible for such inspection by the property owner between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday; provided, however, that the inspections may be made at other times, with the property owner's consent, if one of the following conditions exist:
(1)
The premises are not available during the foregoing
hours for inspection.
(2)
There is reason to believe that violations are occurring
on the premises which can only be fully determined and proved by inspection
during other than prescribed hours.
(3)
There is reason to believe that a violation exists
of the character which is an immediate threat to health or safety,
requiring inspection without delay.
(4)
Emergency inspections may be authorized if the Sanitary
Inspector or any other duly authorized person has reason to believe
that a condition exists which poses an immediate threat to life, health
or safety.
C.
Search or access warrants. In the event written consent
cannot be obtained, the Sanitary Inspector or any other duly authorized
person may, upon affidavit, apply to the Judge of the Municipal Court
of the Township of Franklin for a search warrant, setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a violation of this article may exist on
the premises. If the Judge of the Municipal Court of the Township
of Franklin is satisfied as to the matter set forth in the affidavit,
he shall authorize the issuance of a search warrant permitting access
to an inspection of that part of the premises on which the suspected
violation of this article may exist.
D.
Issuance of a warrant. If the inspection reveals infiltration
of other than normal sanitary sewage (for example, stormwater improperly
connected to the sanitary sewerage system), a warning and notice of
abatement shall be provided to the property owner. A disconnect shall
be effected by the property owner within 14 days of issuance of the
warning.
E.
Reinspection. If, upon reinspection of the premises
with written consent or via a search warrant, the article violation
has not been abated, the Sanitary Inspector or any other duly authorized
person shall issue a summons for violation of this article.
Any person violating any of the provisions of this article shall be subject to the penalties as provided in Chapter 1, Article II, General Penalty.
A.
For the purposes of assessing penalties, the continuation
of a violation for each successive day shall constitute a separate
offense and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
violation.
B.
The imposition of a penalty as provided hereinabove
shall be in addition to any injunctive or remedial relief which is
authorized under the laws of the State of New Jersey with the same
force and effect as though provided herein.
