[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-4-1970 by Ord. No. 957 (Ch.
108, Art. I, of the 1974 Code)]
A.
BOD (BIOCHEMICAL OXYGEN DEMAND)
BOROUGH
GARBAGE
INDUSTRIAL WASTES
MAIN OR TRUNK SEWER
NATURAL OUTLET
PERSON
pH
PLUMBING SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLIC SANITARY SEWER
SANITARY SEWER
SEWAGE
SEWERAGE WORKS
SEWER EXTENSIONS
SUPERVISOR
SUSPENDED SOLIDS
WATERCOURSE
As used in this article, the following terms shall
have the meanings indicated:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under laboratory procedure in five days at 20°
C. expressed in parts per million by weight.
The Borough of Totowa.
Solid wastes from the preparation, cooking and disposing
of food, and from the handling, storage and sale of produce.
The liquid wastes from individual processes as distinct from
sanitary sewage.
The sewers laid longitudinally along the center line or other
parts of the street, roadway right-of-way areas, or other rights-of-way
or easements, which are controlled by public authority.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
All the plumbing work within residences, business buildings,
institutions and industrial establishments within such buildings and
to a point five feet outside of said buildings, which will convey
sewage from within said buildings through service connections leading
to main or trunk-line sewers.
The wastes from the preparation, cooking and dispensing of
food that has been shredded to such degree that all particles will
be carried freely under flow conditions normally prevailing in public
sewers with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties have equal
rights of use and is controlled by public authority.
A sewer which carries sanitary sewage only and to which storm,
surface and subsurface ground waters are not permitted to be admitted.
Water-carried wastes from residential, commercial and industrial
establishments.
All facilities for collecting, pumping and disposing of sanitary
sewage.
That part of the sewerage system that runs from the main
or trunk line sewer, including all necessary fittings, to the connecting
point outside of all residential buildings, business buildings, institutions
and industrial establishments. No sewer extension will be permitted
to enter into any existing manhole on main or trunk line sewers, but
must be connected into an existing T- or Y-fitting on the main or
trunk line sewer, or provisions made to construct a T- or Y-connection
into said main or trunk line to accommodate such extension, or where
an existing service extension has been made to the curbline and said
extension can be used if the same will accommodate the further extension
of the same to the points to be serviced for sewage discharge.
The Borough Engineer of the Borough of Totowa or his authorized
deputy, agent or representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
Word usage. The term "shall" is mandatory, "may" is
permissive.
A.
It shall be unlawful for any person, firm, company,
association, society, corporation or group to place, deposit or permit
to be deposited in an unsanitary manner, upon public or private property
within the Borough of Totowa, or in any area under the jurisdiction
of said Borough of Totowa, any human or animal excrement, garbage,
industrial wastes or other objectionable waste.
B.
It shall be unlawful to discharge any sewage or waste
materials into any natural outlet or watercourse within the Borough
of Totowa or in any area under the jurisdiction of said Borough of
Totowa, which said sewage or waste materials are more fully defined
as being sanitary sewage, industrial wastes, garbage or other polluted
waters or materials, except where suitable private treatment plant
facilities are privately constructed and maintained under the jurisdiction
of the New Jersey State Board of Health authorities, and said treatment
plants must be maintained and operated by private owners.
C.
The owners of all residential buildings, business
buildings, institutions, industrial establishments, recreational areas
or places where the disposal of sanitary sewage is prevalent, situated
in the Borough of Totowa 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
sanitary sewer of the Borough, will hereby at their own expense be
required to install suitable toilet facilities and other required
plumbing and to connect such facilities directly with the proper public
sewer in accordance with the provisions of this article within 90 days after the date
of official notice to do so, provided that said public sewer is within
100 feet of the property line of properties to be served.
D.
In areas having no public sewer facilities available,
or no plans being made for immediate future main or trunk line sewer
construction, the construction of private cesspools with disposal
tanks or disposal beds, private treatment plants, constructed strictly
in accordance with the requirements of the New Jersey State Board
of Health authorities, will be permitted, at the owner's expense,
to be operated and maintained by said owner or owners, and when a
public sewer is constructed in these particular areas, it shall become
necessary to make connections into the said public sewer within a
period of 90 days after date of official notice to do so, except in
cases where treatment plants have been constructed by the owner or
owners which have been authorized and permitted by the New Jersey
State Board of Health authorities.
A.
No unauthorized person, firm, company, association,
society, corporation or group 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 Superintendent
of Sewers.
B.
All costs and expense incident to the installation
and connection shall be borne by the owner. The owner shall indemnify
the Borough from any loss or damage that may directly or indirectly
result during construction.
C.
A separate and independent connection shall be provided
for every building, except where one building is located at the rear
of another on an interior lot and no separate sewer is available or
can be constructed to the rear building through an adjoining alley,
court, yard or driveway, in which case the connection from the front
building may be extended to the rear building employing the proper
alignment and gradients for sewer cleanouts or other fittings as directed
by the Superintendent of Sewers, and old pipe extended only at the
discretion of the Superintendent of Sewers. If not sufficient, the
entire line is to be enlarged.
D.
A portion of the existing outside piping of the plumbing
system may be used in connection with the new connection only when
the existing outside pipe has been found, upon examination and test
by the Superintendent of Sewers, as meeting the requirements of this
article.
E.
Whenever possible, the connections shall be brought
to the building at an elevation below the basement or cellar floor.
No connection shall be laid parallel to or within three feet of any
bearing wall of a building which might be weakened by such installation.
The depth shall be sufficient to afford protection from frost, and
laid at a uniform grade from the main or trunk line sewer, or a can-connection
already installed at the curbline, and in as straight alignment as
possible. Changes in direction shall be made only with properly curved
piping, and fittings, and cleanouts provided as directed by the Superintendent
of Sewers.
F.
In all buildings in which the plumbing is too low
to permit a gravity flow into the public sewer or sewer extension,
sanitary sewage to be carried by such drain shall be lifted by approved
artificial means of pumping equipment and discharged into the said
sewer extension.
G.
The Borough will not be responsible for the maintenance
of any sewer extension or connection from the trunk line to the curb
of the property and the sewer line running from the curb or property
line to the building served. The property owner shall maintain and
clean the sewer extensions or connections at their own expense and
responsibility.
[Amended 5-28-2002 by Ord. No. 10-2002]
B.
Permit.
[Amended 5-25-1976 by Ord. No. 7-76]
(1)
Permit application.
(a)
Industries seeking a wastewater discharge permit
shall complete and file with the Borough an application in the form
prescribed by the Borough and accompanied by the applicable fees.
The applicant may be required to submit, in units and terms appropriate
for evaluation, the following information:
[1]
Name, address and SIC (Standard Industrial Classifications)
number of applicant.
[2]
Volume of wastewater to be discharged.
[4]
Time and duration of discharge.
[5]
Average and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations, if any.
[6]
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers and appurtenances by size, location
and elevation.
[7]
Description of activities, facilities and plant
processes on the premises, including all materials, processes and
types of materials which are or could be discharged.
[8]
Each product produced by type, amount and rate
of production.
[9]
Number and type of employees and hours of work.
[10]
Any other information as may be deemed by the
Borough to be necessary to evaluate the permit application.
(b)
The Borough will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the Borough may issue a permit,
subject to terms and conditions provided herein.
(2)
Permit conditions. Permits shall be expressly subject
to all provisions of this article and all other regulations, user
charges and fees established by the Borough. The conditions of permits
shall be uniformly enforced by the Borough in accordance with this
article and applicable state and federal regulations. Permits may
contain the following:
(a)
The unit charge or schedule of user charges
and fees for the wastewater to be discharged to the community sewer.
(b)
The average and maximum wastewater constituents
and characteristics.
(c)
Limits on rate and time of discharge or requirements
for flow regulations and equalization.
(d)
Requirements for installation of inspection
and sampling facilities.
(e)
Pretreatment requirements.
(f)
Specifications for monitoring programs, which
may include sampling locations, frequency and method of sampling,
number, types and standards for tests and reporting schedule.
(g)
Requirements for submission of technical reports
or discharge reports.
(h)
Requirements for maintaining plant records relating
to wastewater discharge as specified by the Borough and affording
Borough access thereto.
(i)
Mean and maximum mass emission rates or other
appropriate limits when incompatible pollutants are proposed or present
in the user's wastewater discharge.
(j)
Other conditions as deemed appropriate by the
Borough to ensure compliance with this article.
(3)
Duration of permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the user is not notified by the Borough 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and changes by the Borough during the life of the permit as limitations or requirements as identified in § 320-7 are modified and changed. The user shall be informed of any proposed change in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(4)
Transfer of a permit. Permits are issued to a specific
user for a specific operation. A permit shall not be reassigned or
transferred or sold to a new owner, new user, different premises or
a new or changed operation.
(5)
Revocation of permit. Any user who violates the following
conditions of the permit or of this article or applicable state and
federal regulations is subject to having his permit revoked:
(a)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(b)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
(c)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(d)
Violation of the conditions of the permit.
A.
Main or trunk line sewers. All pipe shall be circular
in shape, having an inside diameter of not less than eight inches,
cement-asbestos type with rubber-ring joints, Class 2400, installed
in accordance with the manufacturer's instructions, laid on a gradient
of not less than 0.50%. Extra-heavy cast-iron pipe (bell-and-spigot
type) with leaded joints shall be used under or through bridges, culverts,
watercourses or other areas deemed necessary by the Borough Engineer.
All pipes must be laid to a proper line and grade and in accordance
with plans and profiles approved by the Borough Engineer. In areas
which may require larger main or trunk line sewers, the determination
will be made by the Borough, employing an engineering study which
must conform to and be approved by the New Jersey State Board of Health
authorities before final approval can be given for the plans, profiles,
specifications and construction of the same.
B.
Sewer extensions. All pipe to be used shall be circular
in shape, having an inside diameter of not less than four inches nor
more than six inches. Cement-asbestos pipe, Class 2400 with rubber-ring
joints, installed in accordance with the manufacturer's instructions,
laid on a gradient of not less than 1/4 inch per linear foot or as
directed by the Borough Engineer, or extra-heavy cast-iron pipe (bell-and-spigot
type) jointed with lead, sulphur, tyseal or equal jointing compounds,
except that lead joints shall be used exclusively within an area of
10 feet of a water service pipe. No pipe shall be laid to a grade
having a cover less than 30 inches from the top of the pipe to the
finished surface elevation of land areas or paved areas, except in
extreme cases where a minimum depth cannot be maintained. Where extensions
are laid at a depth shallower than 30 inches, the entire pipe must
be encased in concrete having a thickness of not less than six inches
around the entire perimeter of the pipe. Services from the sewer main
to a point one foot inside the curb may be either cement-asbestos
or cast-iron pipe. Services from one foot inside the curb to the building
being served shall be heavy-duty cast-iron pipe.
C.
Cleanouts. Cleanouts must be installed on all extensions
to points to be served lying between the main or trunk line sewer
and the building or structure to be served. They shall be constructed
on extensions, inside of the street or right-of-way lines, before
reaching the point of connection to the building or structure to be
served, at a point designated by the Borough Engineer and are not
to exceed a distance of 50 feet from the main or trunk line sewers.
They shall also be constructed at all deflection points of the sewer
extension if a uniform straight alignment cannot be maintained. The
cleanout shall consist of a long-turn Y and a straight vertical pipe
with a cast-iron frame and cover at the top, brought up to a point
within three inches below the finished surface grade. The entire cleanout
shall be encased in concrete, having a minimum thickness of four inches
around the entire perimeter of the pipe and fittings.
[Amended 11-12-1974 by Ord. No. 1027]
D.
Manholes. Manholes shall be of standard design, having
a minimum inside diameter of 48 inches, circular in shape and in accordance
with the New Jersey State Highway Department specifications. Manholes
may be constructed with solid concrete blocks, bricks or precast concrete,
with a heavy-duty cast-iron circular frame and cover. The cover shall
not be less than 24 inches in diameter, and steps shall be provided
on the inside wall for means of entering and leaving the manhole.
When concrete blocks or bricks are used for manhole construction,
the inside and outside walls must be covered with smooth-troweled
cement-mortar plaster having a thickness of not less than 1/2 inch,
using a one to two cement mortar plaster.
E.
Laterals. The cost of construction and maintenance
of sewer laterals, that is the sewer line running from the trunk line
to the curb or property line and the sewer line running from the curb
or property line to the building served, shall be the obligation of
the abutting property owner.
[Added 5-28-2002 by Ord. No. 10-2002]
A.
Trenches. All trenches shall be constructed to proper
widths, alignment and grades in a careful manner, properly sheathed
where required, and where unsuitable and unstable conditions are found
in trenches upon which pipe is to be laid, proper methods of subbase
materials, planking, etc., shall be employed as directed by the Borough
Engineer. All piping shall be laid to a straight alignment and grade.
When rock is encountered in trenches where pipe is to be laid, the
same shall be excavated to a depth of at least six inches below the
bottom of the pipe, and at least six inches around the entire perimeter
of the pipe, and proper subbase materials placed under the pipe to
support the same as directed by the Borough Engineer.
B.
Joints. Joints for cement-asbestos pipe shall be the
standard rubber-ring coupling type and installed in accordance with
the manufacturer's instructions. Other jointing materials and methods
may be used only upon approval of the Borough Engineer. All joints
and connections shall be made gastight and watertight. Cast-iron pipe
joints shall be firmly packed with jute, hemp or equal yarning material,
and hot-poured with melted lead, sulphur or other approved similar
compounds to a depth of not less than one inch. The jointing compound
shall be run in one pouring and caulked tight. No paint, varnish or
other coatings shall be permitted until after the joint has been tested
and approved by the Superintendent of Sewers. Material for hot-poured
joints shall not soften sufficiently to destroy the effectiveness
of the joint when subjected to a temperature of 160° F. nor be
soluble in any of the wastes carried by the drainage system. When
hot lead joints are made, they shall be properly caulked with caulking
irons around the entire perimeter of the joint.
C.
Excavated material. During construction of main or
trunk line sewers, sewer extensions or connections, the excavated
materials must be piled in a compact heap, so placed as to cause the
least possible inconvenience to public foot travel or vehicular travel,
and so as not to obstruct any driveway entrances, storm drains, and
fire hydrants.
D.
Backfilling. In backfilling all trenches, the material
for the two feet immediately on the top of piping shall be selected
so that it contains no stones or other foreign matter. This backfill
material can consist of clean earth, sand or stone dust, and must
be properly tamped before backfilling of the remainder of the trench
takes place. The remainder of the trench is to be backfilled with
proper material approved by the Borough Engineer, in a workmanlike
manner, tamping and filling in eight-inch layers so as to avoid any
settlement.
E.
Roadway surface. When the trench has been filled to
the proper height or grade, the materials in roadway areas are to
be placed and heavily rolled or tamped using materials and a method
of application acceptable to the Borough Engineer.
F.
Other requirements. Nothing in this section shall
be construed as abrogating any of the existing requirements of the
Borough relating to the excavation and backfilling of trenches, but
the requirements herein contained shall be in addition hereto.
G.
Notice to Borough Engineer. Prior to any construction
of main or trunk sewers, sewer extensions or connections, the Borough
Engineer must be given 24 hours' notice in order that they may supervise
such work. If the Engineer or Superintendent has not been given ample
notice, they may require the completed work to be uncovered for examination
and inspection at the owner's own expense.
H.
Approval of plumbing system. Before any portion of
the existing plumbing system outside of buildings is to be connected
to the sewer extension, the owner shall prove to the satisfaction
of the Superintendent of Sewers that said plumbing is clean and conforms
in every respect to these rules and regulations.
I.
Tests. The Borough Engineer may apply any appropriate
tests to the pipes, fittings, manholes, etc., for main or trunk line
sewers, sewer extensions and connections, and the contractor will
be required at his own expense to furnish all necessary tools, labor
and materials to make such tests, and shall remove any defective materials
or correct defective work when so ordered by the Borough Engineer.
J.
Performance of work by contractors. For main or trunk
line sewers and sewer extensions to curblines, only qualified sewer
contractors will be permitted to perform the construction work required.
In cases where sewer extensions or connections are made from either
the main or trunk line sewer in streets or right-of-way areas, or
from a curbline extension, only a qualified licensed plumber or a
sewer contractor approved by the Sewer Committee and Borough Engineer
can perform the construction as specified in this article.
K.
Bond. All sewer contractors or licensed plumbers performing
these services must furnish the Borough with an acceptable bond in
favor of the Borough, said bond shall be not less than $500 per house
connection, to guarantee the work and provide for proper barricades,
lights and other means and measures to protect the public and Borough
against responsibility from any damages or lawsuits that might arise
due to the negligence or actions of either the contractor or licensed
plumber. The bond or bonds shall remain in effect until such time
as the Borough Engineer is fully satisfied with all of the workmanship,
restoration of roadways, curbs, sidewalks, etc., and said bond or
bonds will only be released upon the recommendation of the Borough
Engineer to the Borough.
A.
No person, firm, company, association, society, corporation
or group shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water, unpolluted industrial process waters or water from private
or public swimming pools into any Borough public sanitary sewer.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically known as storm sewers
or to natural outlets or watercourses; provided, however, that any
Borough Board of Health or New Jersey State Board of Health requirements
are not violated.
C.
Except as hereinafter provided, no person, firm, company,
association, society, corporation or group shall discharge or cause
to be discharged any of the following described waters or wastes to
any public sanitary sewer:
(1)
Any liquid or vapor having a temperature higher than
150° F.
(2)
Any water or waste which may contain more than 100
parts per million by weight of fat, oil, grease.
(3)
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure 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
works.
(6)
Any waters or wastes having a pH lower than 5.5 or
higher than nine or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of
the sewage works.
(7)
Any waters or wastes containing a toxic, poisonous
or radioactive substance in sufficient quantity to injure or interfere
with any sewage treatment process, constitute a hazard to humans or
animals or create any hazard in the receiving waters of the sewage
treatment plant.
(8)
Any waters or wastes containing suspended solids of
such character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment plant.
D.
Grease, oil and sand interceptors.
[Amended 4-8-2008 by Ord. No. 03-2008]
(1)
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Borough Engineer, they are necessary for
the handling of liquid wastes containing grease in excessive amount
or any flammable wastes, sand or other harmful ingredients, except
that such interceptors shall not be required for private living quarters
or private dwellings. All interceptors shall be of a type and capacity
approved by the New Jersey State Board of Health and the Borough Engineer
and shall be easily accessible for cleaning and inspection. Grease
and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped
with easily removable covers, which, when bolted in place, shall be
gastight and watertight.
(2)
Plumbing; grease interceptors.
(a)
Grease interceptors and removal/retention equipment
shall be installed on the process-discharge piping from all restaurants
and fast-food facilities.
(b)
When the developed length of piping from the
connection point within the building of the interceptor at the exterior
of the building exceeds 30 feet, a second interceptor must be installed
within the building.
E.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner at his own expense and be in continuously
efficient operation at all times.
F.
The admission into the public sewers of any waters
or wastes having the following characteristics shall be subject to
the review and approval of the Superintendent of Sewers or the Borough
Engineer:
(1)
A five-day biochemical oxygen demand greater than
300 parts per million by weight.
(2)
Containing more than 350 parts per million by weight
of suspended solids.
(3)
Containing any quantity of substances having the characteristics described in Subsection C above.
(4)
Having an average daily flow greater than 2% of the
average daily sewage flow of the Borough.
G.
Preliminary treatment.
(1)
Where necessary, in the opinion of the Superintendent
of Sewers or Borough Engineer, the owner shall provide, at his expense,
preliminary treatment as may be necessary to:
(a)
Reduce the biochemical oxygen demand to 300
parts per million and the suspended solids to 350 parts per million
by weight;
(b)
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection C above; or
(c)
Control the quantities and rates of discharge
of such wastes or waters.
(2)
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be subject
for submission for the approval of the Borough Engineer and of the
Water Pollution Control Commission of the State of New Jersey, and
no construction of such facilities shall be commenced until said approvals
are obtained in writing.
(3)
Major contributing industries shall comply with federal
pretreatment standards that have been or will be promulgated and any
other applicable requirements promulgated by the Environmental Protection
Agency in accordance with Section 307 of the Federal Water Pollution
Control Act Amendments of 1972 (P.L. 92-500). A "major contributing
industry" is defined as any user whose classification is identified
in the Standard Industrial Classifications (SIC) Manual in any of
Divisions A, B, D, E and I and who has a discharge flow of 50,000
gallons or more per average workday; has a flow greater than 5% of
the flow in the Borough's wastewater treatment system; has in his
wastes toxic pollutants in toxic amounts, as defined in standards
issued under Section 307(a) of the Federal Act; or is found by the
Borough to have significant impact, either singly or in combination
with other contributing industries, on the treatment or collection
system.
[Added 5-25-1976 by Ord. No. 7-76]
(4)
Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than those in this article. Under Section 307(b) of the Act, federal pretreatment standards are designed to achieve two purposes: to protect the operation of publicly owned treatment works and to prevent the discharge of pollutants which pass through such works inadequately treated. Users in industrial categories subject to effluent guidelines issued under Section 304(b) of the Federal Act, which users are discharging incompatible pollutants to publicly owned treatment works, are required to adopt the best practicable control technology currently available, as defined by the Administrator pursuant to Section 304(b) of the Federal Act. Where the Borough treatment works was designed to and does achieve substantial removal of pollutants other than BOD suspended solids, pH and fecal coliform bacteria, it is not appropriate to require the industrial user to achieve best practicable control technology currently available, since this would lead to an uneconomical duplication of treatment facilities. While the term "substantial removal" is not subject to precise definition, it generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. For some industrial categories it may be necessary to define pretreatment guidelines for problems that may arise as a result of the discharge into publicly owned treatment works. However, any adjustments required for particular industrial categories should be considered in connection with the Borough's requirements, rather than in the national pretreatment standard. The limitations on wastewater strength in § 320-7 of this article may be supplemented with more stringent limitations:
[Added 5-25-1976 by Ord. No. 7-76]
H.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his own expense.
I.
When required by the Borough Engineer, the owner of
any property served by a building sewer carrying industrial wastes
shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole, when required, shall be accessible and safely located and
shall be constructed in accordance with plans approved by the Borough
Engineer. The manhole shall be installed by the owner at his own expense
and shall be maintained by him so as to be safe and accessible at
all times.
J.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections C, F and G above shall be determined in accordance with Standard Methods for Examination of Water and Sewage and shall be determined at the control manhole provided for in Subsection I above or upon suitable samples taken at said control manhole. 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 building sewer is connected.
K.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Borough
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Borough for treatment,
subject to payment therefor by the industrial concern.
L.
The owner or owners of any industrial establishment
which discharges its waters or wastes into the Borough of Totowa public
sanitary sewers shall permit the Borough Engineer or the Superintendent
of Sewers to enter upon the premises of said establishment at any
time for examination, inspection of sewers and related appurtenances
which are connected with the public sewer.
M.
When industrial establishments, business buildings,
institutions or other users of the public sewers are required to pay
for sewage disposal on a quantity metered basis, the owner or owners
shall install an approved type of measurement device, properly constructed
at an accessible place, and shall permit the Superintendent of Sewers
the right of access for examinations, meter readings, etc. These measuring
devices and related appurtenances shall be constructed and maintained
by the owners at their own expense and be kept in proper working order
at all times.
N.
Disposal into the sewer system of any pollutant by
any person is unlawful except in compliance with federal standards
promulgated pursuant to the Federal Water Pollution Control Act Amendments
of 1972 (FWPCAA) and any more stringent state and local standards.
[Added 5-25-1976 by Ord. No. 7-76]
O.
Discharge reports.
[Added 5-25-1976 by Ord. No. 7-76]
(1)
The Borough may require that major contributing industries,
and other industries as deemed necessary by the Borough, discharging
or proposing to discharge wastewater into a community sewer file a
periodic discharge report. The discharge report may include, but not
be limited to, the nature of the process, volume, rates of flow, mass
emission rate, production quantities, hours of operation, number and
classification of employees or other information which relates to
the generation of waste, including wastewater constituents and characteristics
in the wastewater discharge. Such reports may also include the chemical
constituents and quantity of liquid or gaseous materials stored on-site,
even though they may not normally be discharged. In addition to discharge
reports, the Agency may require information in the form of wastewater
discharge permit applications and self-monitoring reports.
(2)
The Borough may revoke any wastewater discharge permit
or terminate, or cause to be terminated, wastewater service to any
premises if a violation of any provision of this article is found
to exist or if a discharge of wastewater causes or threatens to cause
a condition of contamination, pollution or nuisance.
No unauthorized person, firm, company, association,
society, corporation or group shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the public sewers.
B.
User charge system.
[Added 6-24-1997 by Ord. No. 15-97]
(1)
Regulation of sewer use. The use of all sanitary sewers
in the Borough of Totowa shall be in compliance with the Rules and
Regulations of the Passaic Valley Sewerage Commissioners.
(2)
User charge system. The Borough of Totowa does hereby adopt and enact a user charge system for the use of the sanitary sewers in the Borough of Totowa. The annual user charge shall be computed on the previous calendar year's usage and the current calendar year's flow charge rate and billed in accordance with the procedures as set forth in Subsection B(7).
(3)
Credit against user charge. There shall be allowed
as a credit against the annual user charge levied an annual credit
equivalent to the user charge resulting from 400,000 gallons of flow
for all residential usage, other than hotels, motels and apartments,
which provision is hereinafter made. With respect to hotels and motels,
the annual credit shall be 200,000 gallons of flow with respect to
every eight rooms used for residential occupancy. With respect to
apartments, the annual credit shall be equivalent to 400,000 gallons
of flow with respect to each separate and individual living unit within
the apartment complex. Such credit shall be computed using the flow
charge rate imposed by the Passaic Valley Sewerage Commissioners upon
the Borough of Totowa for the current calendar year. Such credit shall
not be accumulated from year to year, nor shall such credit reduce
the charge otherwise payable under this subsection to less than $0
for any year.
(4)
Availability of credit. The credit extended by Subsection B(3) hereby shall be available to each property using the sanitary sewers of the Borough of Totowa.
(5)
Private water wells. All privately owned water wells
which are connected to water systems eventually discharging into the
sanitary sewers of the Borough of Totowa shall be subject to the following
provisions:
(a)
The owners of wells existing at the date of
adoption of this subsection shall notify the Municipal Clerk of the
Borough of Totowa, in writing, of the existence and location of such
wells within 30 days after the date of passage of this subsection.
(b)
The owners of wells constructed or completed
after the adoption of this subsection shall notify the Municipal Clerk
of the Borough of Totowa, in writing, of the existence and location
of such wells within 30 days of the first usage of such well.
(c)
The Borough Engineer of the Borough of Totowa
may inspect such well to determine the usage thereof. If, in the opinion
of the Borough Engineer, such well's actual water production, together
with the other water usage of the owner thereof, exceeds 400,000 gallons
of water per year, the Borough Engineer shall transmit his opinion,
in writing, to the Mayor and Borough Council of the Borough of Totowa.
After receiving such opinion, the Borough Council may require the
owner of such well to install and maintain a water meter thereon,
at the owner's expense, by adoption of a resolution.
(d)
If a water meter is required by resolution as provided in Subsection B(5)(c) above, the owner must install such meter within 60 days of adoption thereof. If the owner shall fail to do so, the Borough Council of the Borough of Totowa may, by resolution, provide for the installation of such meter and add the cost thereof to the user charge levied under this subsection.
(6)
Conformance with certain ordinances required. Before
any sewer shall be permitted to flow into any sanitary sewer of the
Borough of Totowa, the Plumbing Subcode Official shall first determine
that such sewer and associated drains function properly, in accordance
with all applicable rules, regulations and ordinances of the Borough
of Totowa.
(7)
Billing procedures. Billing for the user charges imposed by Subsection B(2) hereof shall be in accordance with the following procedures:
(a)
In April of each year, the Municipal Clerk shall
attend to the preparation of bills computed on the previous calendar
year's usage and the current calendar year's flow charge rate.
[Amended 3-28-2000 by Ord. No. 2-00]
(b)
Bills shall be mailed by the Municipal Clerk
of the Borough of Totowa to the owners of all properties incurring
charges not later than April 15 of each year.
[Amended 3-28-2000 by Ord. No. 2-00]
(c)
Bills are due and payable to the Borough of
Totowa within 30 days for industrial users who are billed directly
by Passaic Valley Sewerage Commission. If such charges are not paid
in full within that time period, the unpaid charges shall be deemed
delinquent from such date and such unpaid charges shall become a lien
upon the properties incurring them as of that date.
[Amended 3-28-2000 by Ord. No. 2-00; 12-14-2004 by Ord. No.
19-2004]
(d)
All user charges which become delinquent under the provisions of Subsection B(7)(c) and B(7)(d) above shall bear interest and penalties from the date of delinquency at the same rate as all charges for general taxation and shall be collected and enforced in the same manner as general taxation.
[Amended 12-14-2004 by Ord. No. 19-2004]
(8)
Availability of copies of rules and regulations. Not
fewer than three copies of the rules and regulations of the Passaic
Valley Sewerage Commissioners shall be on file with the Office of
the Municipal Clerk of the Borough of Totowa for public inspection
during the Borough's business hours. In addition, copies of such rules
and regulations are available from the Passaic Valley Sewerage Commissioners
for the costs of publication thereof.
(9)
Mayor and Clerk authorized signatories. The Mayor
and Clerk of the Borough of Totowa are hereby authorized to act as
signatories upon and to execute on behalf of the Borough of Totowa
any amendment of the existing service agreement with the Passaic Valley
Sewerage Commissioners, which embodies the intent and purpose of the
subsection.
The Superintendent of Sewers and any other duly
authorized deputy, agent or representative of the Borough bearing
proper credentials and identification shall be permitted to enter
upon all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this article.
[Added 10-13-1987 by Ord. No. 12-87[1]]
A.
Fees.
(1)
Upon filing the application for a sewer permit, the
applicant shall pay a fee of $50 for each commercial and industrial
structure and a fee of $500 for significant industrial users as defined
by the United States Environmental Protection Agency and the State
of New Jersey Department of Environmental Protection Regulations plus
a sum equal to all costs incurred or involved to cover examination
and processing by the municipality. Such additional fees shall be
billed to the applicant upon ascertainment of the amount thereof by
the municipality and shall be payable by the applicant prior to any
determination by the municipality as to the granting or denial of
the permit.
(2)
Existing residential sewer connection. The fee required
for permits to make connections to any sanitary sewer in the municipality
for homes existing and with a certificate of occupancy issued prior
to the effective date of this article shall be $100 for each family
unit provided for in any dwelling, home or apartment building. This
section shall only be applicable to existing residential units that
are not presently connected to the sewer system.
(3)
New residential sewer connection. The fee required for permits to make house connections to any sanitary sewer in the municipality shall be $1,000 for each family unit or as provided in Subsection C, Rate schedule, for in any dwelling, home or apartment building, and the sum of $50 for inspection service per family unit, prior to the issuance of the permit. This fee shall be paid prior to a certificate of occupancy being issued, regardless as to whether or not a building or sewer permit has been issued prior to the effective date of this article. In addition to the user fee, the sum of $50 for inspection service shall be paid prior to the issuance of a sewer connection permit.
(4)
Commercial and industrial sewer connections. The fee
required for permits for any commercial or industrial connection shall
be as follows:
(a)
"Commercial and industrial sewer connections,"
for purposes of this article, are defined as to include but not be
limited to industries, businesses, commercial establishments, offices,
stores, shopping centers, private schools, churches, post offices,
hospitals, service stations, theaters, restaurants, luncheonettes,
diners, laundromats and car wash facilities.
(b)
For each square foot of floor area, the fee
shall be $1 per square foot for the first 10,000 square feet and $0.50
per square foot thereafter.
(c)
In addition to the fee above set forth, there
shall be an additional charge of $250 for inspection service prior
to the issuance of the sewer connection permit.
(d)
All fees shall be paid prior to a certificate
of occupancy being issued, regardless of whether or not a building
or sewer permit has been issued prior to the effective date of this
article.
(5)
This section shall additionally be applicable to users
outside the municipal boundaries of the municipal sanitary sewer system.
(6)
In the event that any developer, as a condition of
site plan approval, shall agree to pay the Borough a sum of money
greater than the fees charged hereunder, then and in that event the
fees to be charged said developer shall be as agreed upon as a condition
of site plan approval, but in no case shall the fee be less than the
scheduled fee.
(7)
The Mayor and Municipal Council shall have the discretion
in cases of hardship to permit payment of the fees established hereunder
over a three-year period, in equal semiannual payments of principal
and interest, at an annual interest rate up to a maximum presently
permitted to be charged for unpaid municipal real estate taxes. Such
unpaid charges shall be a lien on the premises, and the Borough shall,
in addition to any other remedy it may have at law for collection
of the same, have the right to discontinue sewer service to the subject
building or buildings.
B.
Application for users.
(1)
Application for the use of the sanitary sewer system
by such users shall be made to the Borough Clerk, and information
shall be supplied by the applicant as required by that office.
(2)
Where sewage flow originates from an establishment not described in the rate schedule, Subsection C, annexed hereto, the Borough reserves the right to establish special equitable rate categories within the limitations of law.
(3)
All sewerage charges shall be payable to the Borough
of Totowa at the office of the Tax Collector, Municipal Building,
Totowa, New Jersey 07512. Bills shall be paid by personal check or
money order; if paid in person during normal business hours, bills
may be paid in cash.
(4)
The payment of all sewerage service charges shall
be the responsibility of the property owner. The failure of a tenant,
lessee or customer, other than the property owner, to pay any sewerage
service charge or to transmit any such charge or bill to the property
owner shall not relieve the property owner of his responsibility to
pay said bill or the right of the Borough to collect such charges
according to the remedies prescribed by law.
(5)
If any sewerage service charge is not paid within
30 calendar days of post date of the bill, an interest penalty shall
begin to accrue at the same rate as is charged on unpaid municipal
taxes.
(6)
In the event of nonpayment of any sewerage service
charge for a period of 90 days after the date when such charge becomes
delinquent, the Borough may cause the service to be discontinued,
and the same shall not be restored until full payment has been made
of all outstanding charges and penalties thereon plus the actual costs
of disconnecting and reconnecting the service connection. Discontinuation
of service, however, shall not abrogate the right of the Borough to
use whatever remedies are permitted by law to collect outstanding
charges and penalties.
C.
Rate schedule.
[Amended 9-19-1989 by Ord. No. 7-89]
(1)
[1]
Editor's Note: This ordinance was amended
9-19-1989 by Ord. No. 7-89 to provide that said Ord. No. 12-87 took
effect on the date of publication which occurred on 10-13-1987 and
shall not be applied retroactively to any property owner who had a
valid building permit in effect prior to the adoption of the ordinance.
[Adopted 10-28-1986 by Ord. No. 7-86 (Ch.
108, Art. II, of the 1974 Code)]
Whenever used in this article, the following
terms shall have the following meanings:
Waste and wastewater from humans or household operations.
[Added 4-12-2005 by Ord. No. 11-2005]
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of flotable fat if it
is properly pretreated and the wastewater does not interfere with
the collection system.
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 storm sewer
system operated by the Borough of Totowa, 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.
[Added 4-12-2005 by Ord. No. 11-2005]
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. Section 1317(a), (b), or (c)].
[Added 4-12-2005 by Ord. No. 11-2005]
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 Totowa or other public body, and is designed and
used for collecting and conveying stormwater.
[Added 4-12-2005 by Ord. No. 11-2005]
An outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water, including the Passaic River or any of its tributaries.
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.
[Added 4-12-2005 by Ord. No. 11-2005]
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.
[Added 4-12-2005 by Ord. No. 11-2005]
Any individual corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
[Added 4-12-2005 by Ord. No. 11-2005]
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.
[Added 4-12-2005 by Ord. No. 11-2005]
A sewer that carries liquid- and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground-, storm- and surface waters
that are not admitted intentionally.
Waste derived principally from dwellings, office buildings
and sanitary conveniences and which, when segregated from industrial
wastes, may come from industrial plants or commercial enterprises.
The spent water of a community the preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
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.
[Added 4-12-2005 by Ord. No. 11-2005]
A measurement of suspended solids and/or biochemical oxygen
demand and/or chemical oxygen demand and/or any other parameter determined
by Passaic Valley Sewer Commission as a fair indicator of the relative
use, other than volumetric, of Passaic Valley Sewer Commission facilities
by industrial wastes.
[Amended 4-12-2005 by Ord. No. 11-2005]
A.
It shall be unlawful to discharge into any natural
outlet within the municipality any wastewater or other polluted waters,
except where suitable treatment has been provided and where a National
Pollution Discharge Elimination System permit has been obtained from
the appropriate governmental authority, where required.
B.
The spilling, dumping or disposal of materials other
than stormwater to the municipal separate storm sewer system operated
by the Borough of Totowa 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.
C.
Exceptions to prohibition.
(1)
Water line flushing and discharges from potable water
sources.
(2)
Uncontaminated groundwater (e.g., infiltration, crawl
space or basement sump pumps, foundation or footing drains, rising
groundwaters).
(3)
Air-conditioning condensate (excluding contact and
noncontact 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 fire-fighting activities.
(9)
Flows from rinsing of the following equipment with
clean water:[1]
(a)
Equipment used in the application of salt and deicing materials immediately
following salt and deicing material applications. Prior to rinsing
with clean water, all residual salt and deicing 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.
(b)
Rinsing of equipment, as noted in the situation above, is limited
to exterior, undercarriage and exposed parts; it does not apply to
engines or other enclosed machinery.
No person shall make connection on roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or drain, which in turn is connected
directly or indirectly to a public sanitary sewer, unless approved
by the municipality for the purpose of disposal of polluted surface
drainage.
The governing body shall appoint or designate
some suitable person to administer this article.
All users of the wastewater facilities shall
comply with the requirements of the written rules and regulations
of the Passaic Valley Sewer Commission, which have been adopted and
which from time to time shall have been adopted, which regulations
shall become effective upon filing of certified copies in the office
of the Municipal Clerk after the effective dates of this article.
Violations of any of the provisions of this
article or any permit issued under the authority of the within ordinances
may result in the termination of the permit and/or the termination
of the authority to discharge into the system.
No ordinance heretofore adopted by the municipality
shall be affected by this article, except that if any provisions of
prior ordinances are in conflict with the provisions of this article,
the provisions of this article shall control.
