Borough of Mountain Lakes, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes 6-23-1980 as Ch. X of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 111.
Water — See Ch. 237.
Individual sewage disposal systems — See Ch. 290.

§ 191-1 Establishment of sewer system.

A. 
There is hereby established in the Borough a public sanitary sewer system which shall be known and designated as the "Mountain Lakes Sanitary Sewer System."
B. 
The sewer system shall be operated by the Borough as a municipal public utility, as defined in and subject to the provisions of Title 40A of the New Jersey Statutes. All fees and charges received by the Borough in connection therewith shall be kept in a fund separate from other Borough revenues, to be used only for the purposes of the municipal public utility.
C. 
The Mountain Lakes Sanitary Sewer System shall include all public sanitary sewer facilities which the Borough may from time to time construct, acquire and/or maintain for the purpose of the collection, treatment and disposal of sewage generated within the Borough or, by special arrangement from time to time, in areas immediately adjacent to the Borough.

§ 191-2 Purpose.

In order to assure the proper disposal of sewage and wastewaters and the proper operation and maintenance of the public sewers, sewage treatment plant and other sewerage works within the Borough and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following regulations are enacted by the Borough under the authority of N.J.S.A. 40:63-7.[1]
[1]
Editor's Note: N.J.S.A. 40:63-7 was repealed by Chapter 53 of the Laws of 1991. See now N.J.S.A. 40A:26A-1 et seq.

§ 191-3 Definitions.

Unless the context specifically indicates otherwise, the meanings of the terms used in this chapter shall be as follows:
ATTORNEY
The duly appointed attorney to the Borough.
BOARD OF HEALTH
The Board of Health of the Borough.
BOD; BIOCHEMICAL OXYGEN DEMAND
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in mg/l (milligrams per liter) by weight.
BUILDING SEWERS
Both the building drain and property owner's connection.
CHLORINE DEMAND
The amount of chlorine which shall be added to water or waste to produce a residual chlorine content of at least 0.1 mg/l after a minimum contact time of 10 minutes.
DIRECTOR OF PUBLIC WORKS
The person duly designated to have supervision of the operation and maintenance of the Borough sewerage works.
ENGINEER
The duly appointed Engineer of the Borough or his authorized deputy, inspector, agent or representative.
HEALTH OFFICER
The duly appointed senior sanitation official of the Borough or his authorized deputy, inspector, agent or his representative.
INDIVIDUAL SEWAGE DISPOSAL FACILITY
Any privy, privy vault, septic tank, cesspool or any other facility located on the premises, intended or used for the disposal of sewage.
LICENSED PLUMBER
Either an individual, partnership or corporation to whom the Board of Health of the State of New Jersey or of the Borough has issued a license to practice plumbing.
MANAGER
The duly appointed Borough Manager of the Borough.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
pH
The negative logarithm of the hydrogen ion concentration in grams per liter.
PLUMBING SUBCODE OFFICIAL
The duly appointed Plumbing Code Enforcement Official of the Borough.
PRIVATE SEWER SYSTEM
A sanitary sewer system/works owned and operated by other than the Borough.
PUBLIC SEWER SYSTEM
A sanitary sewer system/works owned and/or controlled by the Borough.
SEWAGE
Wastewater or water-carried wastes from residences, business buildings, institutions and industrial establishments. Sewage shall be further classified as follows:
A. 
The wastewater from air conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus.
B. 
The solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bath tubs, shower baths, or equivalent plumbing fixtures as discharged from dwellings, business and industrial buildings.
C. 
Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
D. 
The water-carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension or mechanically carried by water, shall be considered as industrial wastes.
E. 
Garbage which has been shredded so that no garbage particles will be greater than 1/2 inch in any dimension.
F. 
The runoff or discharge of rain and melted snow or other water from roofs, surfaces of public or private lands, swimming pools or elsewhere. Stormwater also shall include subsoil drainage as defined in this section.
G. 
Water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.
SEWAGE TREATMENT PLANT
Any arrangement or devices and structures used for treating sewage.
SEWER
The pipe or conduit, together with manholes and other structures or equipment appurtenant thereto, provided to carry sewage and waste liquids. Sewers shall be further classified as follows:
A. 
That part of the lowest horizontal piping of a building sanitary system that receives the discharge from the sanitary waste pipes inside the walls of the building and conveys it to the property owner's connection, beginning no more than five feet outside the inner face of the building wall.
B. 
The pipe laid incidental to the original construction of a public sewer from such public sewer up to the right-of-way and there capped, having been provided and intended for extension and for use at some time thereafter in conjunction with the property owner's connection.
C. 
The extension from the building drain to the house connection.
D. 
A trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto, and to which all owners of abutting properties have equal rights, and which is controlled by public authority. The public sewer shall include the house connection, but does not include the property owner's connection.
E. 
A sewer which carries only domestic and sanitary sewage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
F. 
A pipeline carrying stormwater or subsoil drainage.
SEWERAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage or wastewater.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by filtering as prescribed in "Standard Methods for the Examination of Water, Sewage and Industrial Waste, American Public Health Association."
WATERCOURSE
A channel in which a flow of water occurs either continuously or intermittently.

§ 191-4 General requirements.

A. 
Use of public sewers required.
(1) 
No person shall place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the Borough, or in any area under the jurisdiction of the Borough, any human excrement, garbage or other objectionable waste, except in approved sanitary landfill areas as licensed by the state.
(2) 
It shall be unlawful to discharge to any natural outlet or storm sewer within the Borough, or in any area under the jurisdiction of the Borough, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
B. 
Suitable connection to sewer required.
(1) 
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Borough and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sewer, are hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter, within 120 days after the date of official notice to do so.
(2) 
All existing individual sewage disposal facilities shall be pumped and filled with natural fill (sand, earth, gravel, and/or rock) within 90 days after such connection. This work shall be covered by the sewer permit issued by the Plumbing Subcode Official and noted with the locations of filled-in facilities.
C. 
Exceptions. Exceptions to these time constraints may be granted by the Borough Council upon appeal by the owner of an individual sewage disposal facility. Such appeal shall be made in accordance with procedures established by the Manager.

§ 191-5 Individual sewage disposal facility.

A. 
Connection to septic tank. Where a public or private sewer system is not available under the provision of Subsection B, the house service connection shall be connected to a septic tank or other individual sewage disposal facility complying with the provisions of this section.
B. 
Permit required. Before commencement of construction of an individual sewage disposal facility, the owner shall first obtain a written permit signed by the Health Officer, or such other person designated by the Manager. The application for such permit shall be made on a form, furnished by the Borough, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Health Officer, or such other person designated by the Manager. Such permit and inspection fees, and other charges as the Board of Health may fix from time to time, shall be paid at the time the application is filed, or otherwise as required.
C. 
Inspection by Health Officer. A permit for an individual sewage disposal facility shall not become effective until the installation is completed to the satisfaction of the Health Officer. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Health Officer, or such other person designated by the Manager, when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours, excluding Saturdays, Sundays and legal holidays, of the receipt of such notice by the Health Officer.
D. 
Compliance with the health codes. The type, capacity, location and layout of an individual sewage disposal facility shall comply with all requirements of the health and sanitary codes of the Borough, as amended, and of the Board of Health of the State of New Jersey. No permit shall be issued for any individual sewage disposal facility employing subsurface soil absorption facilities where the percolation test does not meet the requirements of the Board of Health. No septic tank or cesspool shall be permitted to discharge to any public or private sewer system or natural outlet.
E. 
Abandonment of individual sewage disposal facility. At such time as a public or private sewer system becomes available to a property served by an individual sewage disposal facility, as provided in § 191-4B, a direct connection shall be made to the public or private sewer system in compliance with this chapter, and any septic tanks, cesspools and similar individual sewage disposal facilities shall be abandoned and filled with suitable material.
F. 
Maintenance of individual facility.
(1) 
The owner shall operate and maintain the individual sewage disposal facility in a sanitary manner at all times, at no expense to the Borough.
(2) 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer, the Board of Health or any other regulatory body having jurisdiction.

§ 191-6 Discharging wastes into public sewers and drains.

A. 
Prohibitions.
(1) 
No person shall discharge into any public sewer of the Borough any waste, substance or waters, other than such kinds or types of waters or water-carried wastes for the conveyance of which the particular public sewer is intended, designed or provided.
(2) 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air conditioning and refrigerating wastewaters, or unpolluted industrial process waters into any sanitary sewer.
(3) 
(Reserved)[1]
[1]
Editor’s Note: Former § 191-6A(3), pertaining to discharge of stormwater to sewers, was repealed 9-26-2005 by Ord. No. 15-05. See now Ch. 135, Improper Disposal of Waste to Storm Sewer System.
(4) 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) 
Any liquid or vapor having a temperature higher than 150º F.
(b) 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
(c) 
Any gasoline, benzene, naphtha, alcohol, tar, fuel oil, or other flammable or explosive liquid, solid, gas or vapor.
(d) 
Any garbage except properly shredded garbage.
(e) 
Any ashes, cinders, stones, sand, mud, straw, shavings, or sawdust, metal, sticks, coarse rubbish, glass, rags, feathers, plastics, waste rubber, animal guts or tissues, entrails, blood, hair, hides, wood, paunch manure, or any other substance likely to damage, destroy or cause an obstruction to the flow in any sewer, or which may interfere with the proper operation of the sewerage works.
(f) 
Any waters, sewage or wastes having a pH lower than 5.0 or higher than 9.0 or having any other corrosive or detrimental property capable of causing damage or hazard to the sewerage works or personnel.
(g) 
Any waters or wastes containing a toxic, poisonous or radioactive substance in sufficient quantity to injure or interfere with any sewage treatment process or to constitute a hazard to humans, animals or marine life, or create any hazard in the receiving waters. The following toxic or poisonous substances shall not be present in any appreciable quantity of industrial or commercial process discharges in excess of the following limits in mg/l (milligrams per liter) by weight:
[1] 
Cyanides: one mg/l.
[2] 
Copper, zinc, nickel, cadmium, iron, chrome, lead, tin, silver, mercury or other metals or the salts thereof: five mg/l.
[3] 
Radioactive wastes or materials may be discharged into a public sewer if conditions I and II below are met and if either condition III or IV is also met; provided that such discharges have also been approved by any and all local, state and federal regulatory agencies having jurisdiction:
[a] 
Condition I: Such wastes shall be readily soluble or dispersible in water.
[b] 
Condition II: The gross quantity of all radioactive materials so discharged shall not exceed one curie per year.
[c] 
Condition III: The daily quantity of any radioactive material, if diluted by the average daily volume of sewage discharged into the system from the installation, shall not exceed the maximum concentrations allowed by regulations of the United States Nuclear Regulatory Commission.
[d] 
Condition IV: Daily quantities of radioactive materials up to the maximum permitted by the United States Nuclear Regulatory Commission may be so discharged, provided that the total monthly quantities, if diluted by the average monthly volume of sewage discharged from the installation, do not exceed the concentrations permissible under Condition III above.
(h) 
Any noxious or malodorous gas, vapor or substance capable of creating a public or private nuisance.
(5) 
The admission into the public sewers of any of the following waters or wastes shall be subject to the review and approval of the Health Officer:
(a) 
Having a five-day BOD greater than 300 milligrams per liter by weight; or
(b) 
Containing more than 350 milligrams per liter by weight of suspended solids; or
(c) 
Containing any quantity of substances having the characteristics described in Subsection A(4) of this section; or
(d) 
Having a chlorine demand of more than 15 milligrams per liter by weight; or
(e) 
Having an average daily flow greater than 2% of the average daily sewage flow of the Borough.
(6) 
Where necessary in the opinion of the Health Officer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
(a) 
Reduce the BOD to 300 milligrams per liter by weight, the suspended solids to 350 milligrams per liter by weight, and the chlorine demand to 15 milligrams per liter by weight; or
(b) 
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection A(4) of this subsection; or
(c) 
Control the quantities and rates of discharge of such waters or wastes.
(7) 
Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Health Officer and of any or all state regulatory agencies having jurisdiction, and no construction of such facilities shall be commenced until all approvals are obtained in writing.
B. 
Determination of exclusion of wastes. In determining whether any waste discharged or proposed to be discharged into any public sewer shall be excluded, consideration shall be given to the quantity, time or times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer into which the waste shall be discharged, the probable quantity of sewage or other wastes likely in the sewer, and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantity may be accepted if sufficiently diluted when and as discharged, or if the quantity discharged is small as compared with the flow in the receiving sewer; but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the Health Officer.
C. 
Pretreatment facilities.
(1) 
At all premises where wastes or substances specified to be excluded from public sewers by these regulations are present and liable to be discharged directly or indirectly into the sewers, suitable and sufficient piping layouts, oil, grease, sand and flammable waste traps or separators, screens, settling tanks, diluting devices, storage or regulating chambers, treatment, cooling or other equipment and devices shall be provided. These shall be maintained and properly operated by the owner of the premises, or his agent, at his expense, to ensure that no waste or substance is discharged in violation of the requirements of these regulations.
(2) 
Such facilities for pretreatment of wastes or waters discharged to public sewers shall be approved by the Health Officer and by any or all state regulatory agencies having jurisdiction. The Health Officer or state agencies may require of an owner installing pretreatment facilities plans, specifications and a description of the facilities which are proposed.
(3) 
On premises where any of the wastes or substances as described in Subsection A are present, the Health Officer may require the owner to provide, operate and maintain at his own expense a sampling well or wells, flow measuring devices, manholes or other appurtenances, all readily accessible, on the building sewer or drain from the premises near the point where the sewer or drain connects to the public sewer. By means of sampling well or wells, flow measuring devices or other appurtenances, the owner, occupants of the premises, the Health Officer or any other public officer having legal jurisdiction may secure samples of, or examine the wastes being discharged into, the public sewer for the purpose of determining compliance or noncompliance with the requirements of these regulations.
(4) 
The Health Officer, or his duly authorized representative, shall have the right to enter and inspect any part of the premises served by the public sewers upon which there may be reason to believe that violations of the requirements of these regulations have occurred or are likely to occur, for the purpose of ascertaining the facts as to such violation or suspected violation, or of obtaining samples of wastes, or of inspecting flow measuring devices or treatment facilities provided to prevent prohibited discharges.
D. 
Standards for measurement. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with Standard Methods for the Examination of Water and Sewage. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the house connection is connected.
E. 
Exception for special arrangement. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Borough, the Township of Parsippany-Troy Hills, and any industrial concern whereby an individual waste of unusual strength or character may be accepted by the Borough for treatment subject to payment therefor by the industrial concern.

§ 191-7 Discharge of effluents from private sewage disposal systems into public sewers.

No person shall discharge or cause to be discharged into any public sewer, either directly or indirectly, any overflow, effluent or cleanings from a septic tank, cesspool, subsurface drainage trench, bed or filter, or other receptacle storing organic waste; nor shall any overflow, effluent or cleanings from a septic tank, cesspool, subsurface drainage trench, bed or filter, or other receptacle storing organic waste be deposited into any public sewer.

§ 191-8 Persons not authorized to work in or on public sewers.

A. 
Connections, alterations, or repairs to any public sewer or the manholes or other appurtenances of the sewer system in the Borough shall not be made by any person without a permit issued by the Department of Public Works.
B. 
No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer; place or insert in any public sewer or its appurtenances any foreign material which the sewer or its appurtenances were not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances. Any person violating this provision of these regulations shall be subject to arrest under a charge of disorderly conduct.

§ 191-9 Authorized personnel.

A. 
Persons authorized to work on public sewers. Only the following person or persons shall construct, repair, alter or remove building drains and property owner's connections, or make connection therefrom to a public sewer:
(1) 
Regular employees of the Borough or a contractor, employed by the Borough, holding a State of New Jersey plumbing license or to whom the Board of Health has issued a license to practice plumbing in the Borough.
(2) 
Any person holding a State of New Jersey plumbing license or who has been licensed by the Board of Health to practice plumbing in the Borough during the period of the license and under conditions of the license, provided that no connection to a public sewer shall be made by such person without a sewer permit issued by the Plumbing Subcode Official.
B. 
Regulations for licensed plumbers. The following regulations shall apply to licensed plumbers who perform work in conformance with this chapter:
(1) 
Each licensed plumber who constructs building sewers shall file with the Board of Health, prior to issuance of any sewer permit, a performance guaranty bond in the amount of $25,000, in form and with surety satisfactory to the Board of Health, which bond shall be a blanket guaranty applicable to any and all building sewer work to be performed by that licensed plumber in the Borough, and which bond shall remain in full force and effect for at least 13 months from the date of any permit to be issued thereunder. In lieu of the $25,000 blanket guaranty bond hereinabove required, a licensed plumber may, at his option, provide an individual bond, in the amount of $2,000, for each sewer permit issued, each of which individual bonds shall remain in full force and effect for at least 13 months. Such surety shall include:
(a) 
That the licensee shall indemnify the Borough for any negligence or omission of the licensee or his agent, while operating under the license.
(b) 
That the licensee shall reimburse the Borough for any expense to the Borough arising from any injury or damage to any sewer or other property of the Borough or by reason of any violation by the licensee or his agent of any requirement of these regulations.
(c) 
That the licensee shall faithfully execute all work required under the license, as granted.
(d) 
That the licensee shall restore that portion of any street or public place in which the licensee may have made an excavation incidental to his work to as good condition as it was prior to the work and also shall maintain the street or public place in like good condition to the satisfaction of the Borough for a period of six months after the restoration.
(e) 
That the licensee shall reimburse the Borough or the County of Morris or State of New Jersey for the expense of repairs to any street or public place made necessary by reason of any excavation made by the licensee.
(f) 
That the licensee shall comply with all rules, regulations, laws, or ordinances relative to work in public streets and public places.
(g) 
The word "agents," as used in this subsection, shall be construed to include employees and subcontractors.
(2) 
Each licensed plumber who constructs building sewers shall file with the Board of Health certificates of public liability and automobile insurance in the amount of $200,000, $500,000 and property damage insurance in the amount of $100,000, which shall remain in full force for at least one year from the date of each filing. The Borough shall be included as an assured, or, in lieu thereof, the licensed plumber shall file with the Board of Health an owners' protective liability and property damage insurance policy in the same limits as aforementioned. Coverages required by this subsection shall extend to the acts or omissions of the licensed plumber, his employees, agents or subcontractors.
(3) 
Each licensed plumber who constructs building sewers shall file with the Board of Health a certificate or policy covering workers' compensation insurance, which shall remain in full force for at least 13 months from the date of filing.
(4) 
All insurance coverage required by this chapter shall be, by its terms, noncancellable except upon 10 days' advance notice to the Borough.

§ 191-10 Property owners' connection permits.

A. 
Classes of permits.
(1) 
There shall be two classes of sewer permits:
(a) 
Class A for residential and commercial service.
(b) 
Class B for service to establishments producing industrial wastes.
(2) 
In either case, the owner or his agent shall make application to the Plumbing Subcode Official.
B. 
Application requirements.
(1) 
The application shall state:
(a) 
The location and character of the work to be performed.
(b) 
The person requesting permission to perform such work.
(c) 
The time limit for completion of the work.
(d) 
The general character of the wastes which are or may be discharged into the sewer in question.
(e) 
Any other pertinent information or conditions.
(2) 
The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Board of Health. As to each house connection for which a connection charge is imposed by § 191-13C, a permit and inspection fee as provided in § 111-3C shall be paid to the Borough at the time the application is filed.
C. 
Costs to be borne by owner. All costs and expenses incident to the installation and connection of the property owner's connection shall be borne by the owner. The property owner's connection shall be maintained by the owner of the property served.
D. 
Permit and license required. No person, other than those working for or under the direction of the Plumbing Subcode Official, shall excavate, construct, install, lay, repair, alter or remove any property owner's connection, or any appurtenance thereof, within the Borough if such sewer is connected or discharged, or is intended at some future time to be connected or discharged, directly or indirectly into any public sewer of the Borough, until the person has a permit secured by the owner of the property in question, or his agent, for doing such work, and further provided that the person has been granted a license to perform the work by the Board of Health under the stipulations and requirements of § 191-9 of these regulations.
E. 
Suspension of permit. Any permit may be suspended or terminated by the Plumbing Subcode Official, on written notice to the permittee, for violation of the conditions thereof, for any violation of the requirements of these regulations, or for other reasons in the public interest.

§ 191-11 Materials and workmanship.

The following requirements of this section shall apply to any person licensed to do sewer work and who has a sewer permit to do such sewer work, as provided in §§ 191-9 and 191-10 of these regulations:
A. 
Old building sewers. Old building sewers may be used and connected to a public sewer, when serving new buildings, only when they are found on examination or test by the Plumbing Subcode Official to meet all requirements of this section. The Plumbing Subcode Official may require, where indicated, the uncovering of old sewers for inspection, which shall be at the expense of the property owner.
B. 
Property owner's connection. A separate and independent property owner's connection shall be provided for every building, unless authorized by special agreement with the Board of Health.
C. 
Plumbing system requirement for connection to public sewer. No building shall be connected to a public sewer unless the plumbing system of the building has a soil vent pipe extended to a point above the roof. The Plumbing Subcode Official may require that no running trap, main house trap or other device, which might prevent the free flow of air throughout the whole course of the building sanitary system, building drain and such vent pipe, shall be allowed.
D. 
Pipe materials to be in conformance with Plumbing Code. All pipe material shall be in conformance with the Plumbing Code of the Borough. The water service and the property owner's connection shall be laid in separate trenches. If installed in filled or unstable ground, the property owner's connection shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle, as approved by the Plumbing Subcode Official.
E. 
Size and slope of property owner's connection. The size and slope of the property owner's connection shall be subject to the approval of the Plumbing Subcode Official, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/8 inch per foot.
F. 
Below level drains. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or other wastewaters carried by such drain shall be lifted by approved artificial means and discharged to the property owner's connection through a cast-iron force main. The building drain, whether a force main or a gravity line, shall be of cast-iron soil pipe from the inner face of the building wall to the point of connection with the property owner's connection, and all joints, including that with the property owner's connection, shall be made gastight and watertight by a method approved by the Plumbing Subcode Official.
G. 
Excavations. All excavations required for the installation of a building sewer shall be open trench work, unless otherwise approved by the Plumbing Subcode Official. Whenever possible, the property owner's connection shall be brought to the building at an elevation below the basement floor. No property owner's connection shall be laid parallel to within three feet of any bearing wall, which might thereby be weakened. The recommended depth of the property owner's connection shall be sufficient to afford protection from frost. In general, such depth shall not be less than three feet below the finished ground surface at all points. The property owner's connection shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Cleanouts, i.e. access ports, shall be constructed at all changes in horizontal direction greater than 45º. When a building sewer is more than 50 feet in length, cleanouts shall be installed at intervals of no more than 75 feet. Cleanouts shall be placed at an angle of 45º and shall be supported in an approved manner. All cleanouts shall extend to the surface of the ground and shall be of cast-iron construction four inches in diameter with brass ferrule and screw-type brass plug. A cleanout shall be provided within five feet of the building structure, unless an approved cleanout exists inside the building, but under no circumstances shall there be less than one cleanout between the building and the house connection. All cleanouts shall be readily accessible at all times. The property owner's connection shall be laid on firm, undisturbed soil or a suitable foundation. It shall be located at a sufficient distance from other parallel pipes to permit alterations or repairs to any such pipes or the sewer pipe without disturbing the other. It shall be well cleaned inside after laying and it shall conform to all reasonable requirements for good construction. Backfill placed over the property owner's connection shall be done with hand tools to a depth of at least one foot over the pipe, using fine earth free from stones and rubbish. Backfill shall be well and carefully tamped over the sewer. The open ends of the property owner's connection and building drains shall be kept closed or protected during construction and during periods when work is suspended, in order to exclude from the public sewer all water or debris which might obstruct, damage, or otherwise be detrimental to the public sewer or sewage works. Abandoned property owner's connections or drains shall be likewise promptly closed and sealed off from any public sewer, at the expense of the owner of the property.
H. 
Property owner's connection; procedure for installation. When the property owner's connection trench has been excavated, the property owner's connection has been repaired, altered or constructed, and the installation is ready for inspection and connection to the public sewer, the Plumbing Subcode Official shall be notified during regular working hours not less than 24 hours in advance of the time when the connection to the public sewer is planned. The connection of the property owner's connection to the public sewer shall be made under the supervision of the Plumbing Subcode Official, and a record of all connections shall be kept by him. A written clearance to backfill shall be given the licensed plumber at this time. If any person constructs, installs, alters or repairs any property owner's connection or drain connecting with a public sewer in the Borough in violation of any section of these regulations or fails to give adequate notice to the Plumbing Subcode Official for an inspection of the work, the Plumbing Subcode Official may order all or any portion of the work to be uncovered for inspection and approval.
I. 
Sewer inspection riser; requirements. A sewer inspection riser opening for a property owner's connection shall be placed at the end of the four-inch house connection line. The riser shall be of cast-iron, at least four inches in diameter and shall be set up on a tee opening in the property owner's connection. A Y-connection shall not be permitted. The top of the riser shall be placed above or flush with the ground surface and shall be fitted with a brass screw cap.
J. 
Safety precautions required. All excavation for sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
K. 
Maintenance of sewer connections. The house connection shall be maintained by the Department of Public Works. The property owner's connection shall be maintained by the property owner.
L. 
Implication of Borough ownership. The installation of a public sewer system in any street, lane or road by the Borough or by others shall not imply Borough ownership or acceptance of such streets, lanes or roads unless and until they otherwise comply with Borough requirements for acceptance, ownership and maintenance.
M. 
Remedy of violation. If any person, after proper order or direction from the Plumbing Subcode Official, fails to remedy any violation of this section or any other provision of these regulations, the Borough may disconnect the property owner's connection on the property where the violation exists from the public sewer and may collect the cost of making such disconnection from any person responsible for, or willfully concerned in, or who profited by such violation of the requirements of these regulations.

§ 191-12 Disposal of ground drainage and sewage from subdivision developments.

A. 
Submission of plan for ground drainage and sewage disposal.
(1) 
The developer of a property subdivision within the Borough shall submit to the Borough Engineer, and to any other local or state agency or officer having jurisdiction, the proposed method of providing for ground drainage and sewage disposal in the development. The method proposed shall be indicated on the tentative plat plan or on a separate plan showing gradient and datum lines, together with specifications or descriptive information so as to clearly indicate the functioning and construction of the layout.
(2) 
A performance bond in the amount of the construction costs estimate shall be posted by the developer with the Borough Clerk guaranteeing satisfactory performance of the developer's work. No construction permits shall be issued to any developer of subdivisions until the ground drainage and sewage disposal layout have been approved by the Engineer and by any other local or state agency or office having jurisdiction, and until a sewer agreement has been entered into.
B. 
Sewer laterals; performance bond required. In cases where a developer of a property subdivision plans the construction of sewer laterals in the streets of the development, the developer shall furnish, at the time the plans for such laterals are submitted for approval, a maintenance bond issued by a bonding company acceptable to the Borough Council and of a value of 5% of the estimated cost of the proposed sewers, but in no case for less than $1,000, guaranteeing for a term of one year the correction of any defects in the sewer system, including leaks or excessive infiltration in the street sewers, manholes and building sewers, upon written notice of such defects from the Engineer.
C. 
Submission of pumping station plans. In cases where a developer of a property subdivision has received approval of the Borough Council for the construction of a sewage pumping station in conjunction with a system of street sewers, the plans and specifications for such pumping stations shall be submitted to and approved by the Engineer, and by any state agency having jurisdiction, prior to the construction of the pumping station.
D. 
Backfill material; approval required. The installation of all sewer lines and their appurtenances shall not be backfilled with unapproved material. Sand material shall be used after approval for same is obtained and after written certification of approval for the installation of the sewer line and their appurtenances by the Engineer or his authorized representative.
E. 
Sewer inspection riser required. A sewer inspection riser opening for each property owner's connection shall be placed at the end of the four-inch house connection line. The riser shall be as specified in § 191-11I.

§ 191-13 Public sewers and house connections.

A. 
Permit required for connection. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Department of Public Works.
B. 
Application to be made. Application for public sewer service shall be made to the Department of Public Works and signed by the owner of the property, or his authorized agent. Signing of the application signifies assent to all of the rules, regulations and schedule of public sewer fees, rentals and charges of the Department of Public Works.
C. 
House connections.
[Amended by Ord. No. 3-88]
(1) 
Cost of subsequent installations to be borne by owner. A connection charge, as provided in § 111-3C shall be paid for each house connection. Payment shall be made by the owner of the building to be connected prior to issuance of a permit therefor. This charge shall not be applicable to the first connection of any building existing or under construction on March 1, 1976, and located within the service area of the sewer project, as the same is identified on plans of the "Water Pollution Control Project EPA No. 340471-01, Sanitary Sewer System, Borough of Mountain Lakes," prepared by Anderson and Ballis Associates, Inc., and on file at the Borough Hall.
(2) 
Required. A separate and independent house connection shall be provided for:
(a) 
Each building under one roof owned by one party and occupied as one business or residence.
(b) 
A combination of buildings owned by one party in one common enclosure occupied by one family or business.
(c) 
The one side of a building having a solid vertical partition wall, making it capable of divided ownership. A building owned by one party containing more than one store, apartment or office may be supplied by one or more house connections at the discretion of the Department of Public Works.
(3) 
Connection fee, per unit. The connection fee provided in § 111-3C(4) shall be per unit, calculated as follows:
(a) 
Residential. A "unit" shall be each individual residential dwelling unit, whether in single or multiple-unit structures, including single-family houses, townhouses, condominiums and any other family unit.
(b) 
Commercial. For each individual business unit, whether in single- or multiple-unit structures, a "unit" shall be a residential equivalency unit (REU). The number of REUs shall be computed using whichever of the following criteria produces the greater:
[1] 
Every 10 employees or occupants, or part thereof, shall equal one REU.
[2] 
Every 250 GPD estimated water usage, or part thereof, shall equal one REU.
[3] 
Every 2,000 square feet of floor space, or fraction thereof, shall equal one REU.
D. 
Public sewer installation costs; assessments. The cost of installing a public sewer system in any existing thoroughfare, including street, lane or road, may be assessed in whole or part against property owners, including real estate developers, benefiting by such installation, except that where a sewer in excess of 10 inches in diameter is installed to provide for future extension, the cost shall be determined by special agreement with the Borough Council.
E. 
Rate of infiltration. The rate of infiltration shall not exceed 10 gallons per inch diameter per mile per hour.
F. 
Extensions or changes in existing system. Extension to or changes in the existing public sewer system may be initiated by the Borough Council, by the Department of Public Works, by petition from a property owner, or by application from a real estate developer. If such extension or change is deemed advisable by the Borough Council, the Borough Council shall prescribe the terms and conditions under which such extension shall be made and shall require written acceptance thereof by the petitioners or applicant.

§ 191-14 Sewer rates and charges.

A. 
Rates to be fixed by Borough ordinance. The Borough Council shall, from time to time as circumstances warrant, fix all public sewer fees, rentals and charges by ordinance.
B. 
Responsibility for payment of fees; procedure for billing and collection. The owner of each building connected to the public sewer system shall be responsible for the payment of bills rendered by the Department of Public Works for sewer service. All sewer rentals, fees, and other charges incurred in the installation of the laterals and house connection shall be a lien against the property until paid.
C. 
Service charges for sewerage facilities. The owner of the property in the Borough shall pay a service charge for use, maintenance and operation of the sewerage facilities of the Borough, and of the sewage treatment facilities of the Township of Parsippany-Troy Hill, in accordance with the following provisions:
[Amended by Ord. No. 5-83]
(1) 
The service charge for each property connected to the system shall be based upon the water consumption for that property, as recorded by the water utility servicing it. The charge for domestic service shall be computed annually, according to water consumption for the calendar year ending September 30. The charge for commercial or industrial service shall be computed quarterly, according to water consumption for each calendar quarter ending December 31, March 31, June 30, and September 30.
(2) 
Rates shall be as provided in § 111-3C.
D. 
Schedule for payment.
[Added by Ord. No. 11-82]
(1) 
The service charges hereinabove established shall become due and payable according to the following schedule:
(a) 
Domestic service, in equal quarterly installments on January 1, April 1, July 1 and October 1 of each year.
(b) 
Commercial or industrial service, on January 1, April 1, July 1, and October 1 of each year, in the actual amount levied for the immediately preceding calendar quarter.
(2) 
If prompt payment is not made when due, late charges, as provided in § 111-3C, shall be added to any bill upon expiration of a period of 30 days from the date of billing, and a further late charge shall also be added to any such bill at the expiration of each thirty-day period thereafter during which the bill has remained unpaid.
[Amended 4-11-2016 by Ord. No. 02-2016]
E. 
Establishment of rates for water system other than that of the Borough. The service charge for any property served by a water supply system other than that of the Borough shall be established by one of the following methods:
(1) 
By resolution of the Borough Council, based upon typical water consumption of properties of a similar use and occupancy; or
(2) 
Upon request of any property owner, or where a meter is already installed, by measurement of actual water consumption, using an adequate meter where available, otherwise to be installed or provided at the property owner's expense.
F. 
Wastes not discharged into Borough system. Whenever a property, upon which a sewerage service is imposed, uses water for an industrial or commercial purpose such that the water used is not discharged into the sewerage system of the Borough, upon approval by the Borough, the quantity of water used and not discharged into the system shall be excluded in determining the sewerage service charge of the property. The quantity of water used and not discharged into the system shall be measured by a device or meter approved by the Borough and installed without cost to the Borough, or by other means approved by the Borough. The sewerage service charge based upon service shall be computed at the rates provided for, less the quantity not discharged into the system. When practicable, the Manager may approve the metering of discharge into the sewerage system only, and the computing of charges in that manner.

§ 191-15 Protection from damage.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of a public sewer system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 191-16 Powers and authority of inspectors.

The Manager, Engineer, Health Officer and other duly authorized representatives of the Borough bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling, and testing in accordance with the provisions of this chapter.

§ 191-17 Violations and penalties.

A. 
Any person found to be violating any provision of these regulations except §§ 191-6 and 191-7 shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article III of Chapter 1 of the Revised General Ordinances of the Borough of Mountain Lakes. Each day that any violation of these regulations continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section.
[Amended 4-24-2006 by Ord. No. 05-06]