Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Hillsborough 3-7-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Industrial discharges to sewer system— See Ch. 245, Art. I.
Individual sewage disposal systems — See Ch. 333.
Sewers — See Ch. 337.

§ 341-1 Findings.

The HTMUA[1] and Valley Road Sewerage Company, in operating their respective sanitary sewer systems within the Township of Hillsborough, must contend with the impact of heavy rainfall and its potential for creating surcharge conditions upon their 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 their sewerage systems. It is in the best interest of the Township, through its Board of Health and Municipal Utilities 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.
[1]
Editor's Note: Hillsborough Township Municipal Utilities Authority.

§ 341-2 Purpose.

The purpose of this chapter, generally, is to promote compliance with the Rules and Regulations of the Hillsborough Township Municipal Utilities Authority and, specifically, to require that all such improper connections into its system be removed. It is the further purpose of the chapter to ensure that infiltration of nonsanitary sewage be minimized to all sewage disposal systems operating within the Township of Hillsborough.

§ 341-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
RULES AND REGULATIONS
The Rules and Regulations Governing the Operations of the Township of Hillsborough Municipal Utilities Authority, adopted on June 28, 1989, and as same may be lawfully amended.
SANITARY SEWAGE
The normal water-carrying household and toilet waste from residences, business buildings, institutions, commercial and industrial establishments, including those set forth in Section 1.14 of the Rules and Regulations.
SEWERAGE SYSTEM
All facilities and appurtenances connected with the collection system, trunk system and laterals, including those set forth in Section 1.17 of the Rules and Regulations.

§ 341-4 Violation of HTMUA Rules and Regulations.

No person shall violate the Rules and Regulations of the Hillsborough Township Municipal Utilities Authority, when applicable.

§ 341-5 Connection of sump pumps, floor drains, roof drains and related apparatus to sewer lines.

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 shall be responsible under this section and shall be presumed to have caused any such connection.

§ 341-6 Infiltration of substances other than sewage into sewer system.

No person shall permit, allow or suffer or cause the infiltration of water or any other substance which is not normal sanitary sewage as defined hereinabove into the Hillsborough Township Municipal Utilities 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 any such infiltration.

§ 341-7 Amnesty period.

Any person currently in violation of §§ 341-4 through 341-6 of this chapter shall not be prosecuted pursuant to § 341-10 hereinafter for a six-month period of time, which shall commence upon the date of adoption of this chapter.

§ 341-8 Discharge of stormwater.

[Amended 8-9-2016 by Ord. No. 2016-12]
A. 
For public safety, health and welfare, property owners shall be permitted to connect all sump pump, floor drain, roof drain and related apparatus discharge piping to the nearest storm sewers, provided that:
(1) 
The discharge piping is installed underground; and
(2) 
All applicable permits and approvals are obtained from the Engineering and Construction Departments.
B. 
If the storm sewer is not available, the sump pump, floor drain, roof drain and/or related apparatus discharge piping shall be directed to the nearest ditches or contained on the owner's property so that it does not adversely affect neighboring land. Pipe extensions shall not be directed toward adjoining properties nor shall pipe extensions discharge water onto adjoining properties.
C. 
In all other cases, the sump pump, floor drain, roof drain and/or related apparatus discharge piping shall end on a splash block at the foundation of the building.
D. 
Sump pump, floor drain, roof drain and/or related apparatus discharge piping shall no longer be permitted to discharge to any public streets or roadways. Existing discharges to public streets or roadways deemed by the Assistant Township Engineer to be causing an unsafe condition, such as ponding of water or icing, shall be removed as directed by the Assistant Township Engineer.
E. 
Assistance and guidance with respect to layout and the location of proper discharge points may be obtained through the Hillsborough Township Engineering and Construction Departments.

§ 341-9 Inspection and enforcement.

A. 
Reasonable basis to inspect. Before any inspection is made of the suspected premises, the Board of Health shall have a reasonable basis to suspect that a violation of §§ 341-4 through 341-6 of this chapter has occurred. Such a reasonable basis shall exist whenever a petition supported by reasonable facts is filed with the Board of Health by the Hillsborough Township Municipal Utilities Authority and/or whenever the Sanitary Inspector of the Board of Health or any other person duly authorized by the Board of Health to enforce the terms and conditions of this chapter so determines, based on reasonable facts in that official's possession.
B. 
Property owner consent.
(1) 
Upon satisfaction of Subsection A hereinabove, the Sanitary Inspector of the Board of Health or other duly authorized representative shall visit the premises in question and request permission to inspect the premises for a violation of §§ 341-4 through 341-6 of this chapter. 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 Board of Health. Once written permission is obtained, the Board of Health representative shall inspect the premises to determine if such violations of §§ 341-4 through 341-6 do exist. The premises shall be made available and accessible for such inspection by the property owner between the hours of 9:00 a.m. and 5:00 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 exists:
(a) 
The premises are not available during the foregoing hours for inspection;
(b) 
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 the prescribed hours;
(c) 
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;
(2) 
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 Hillsborough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of §§ 341-4 through 341-6 of this chapter may exist on the premises. If the Judge of the Municipal Court of the Township of Hillsborough 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 §§ 341-4 through 341-6 of this chapter 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 chapter violation has not been abated, the Sanitary Inspector or any other duly authorized person shall issue a summons for violation of this chapter.

§ 341-10 Violations and penalties.

A. 
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be deemed guilty of a Class C violation, punishable as provided in Chapter 291, General Provisions, Board of Health, Article II.
B. 
For the purposes of assessing penalties, the continuation of a particular 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.
C. 
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 for herein.
[Amended 11-7-1977]