[HISTORY: Art. I adopted by the Board of
Health of the Township of Chesterfield as indicated in article history.
Subsequent articles adopted by the Township Committee of the Township
of Chesterfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-10-1979 by Ord. No. 1979-1]
[Amended 5-10-1990 by Ord. No. 1990-6]
A.
A set of regulations or standards for individual subsurface
sewage disposal systems, the issuance of permits for certifications
and fees therefor and providing penalties for violations thereof is
hereby established pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6.
A complete printed copy of said set of regulations or standards is
annexed hereto and made a part hereof without the inclusion of the
text, and the same is hereby adopted and incorporated by reference
as if set forth at length.
B.
Said set of regulations or standards adopted by this
chapter is described and commonly known as the "Standards for Individual
Subsurface Sewage Disposal Systems," effective January 1, 1990, 20
New Jersey Register 1790(a), and as amended and supplemented by 21
New Jersey Register 2534(a), approved by the New Jersey Department
of Environmental Protection.
[Amended 5-10-1990 by Ord. No. 1990-6]
Three copies of said Standards for Individual
Subsurface Sewage Disposal Systems have been placed on file in the
office of the Health Officer and in the office of the Secretary of
the Board of Health of the Township of Chesterfield upon introduction
of this chapter and will remain on file there for the use and examination
of the public.
[Amended 5-10-1990 by Ord. No. 1990-6; 2-11-2004 by Ord. No. 2004-2; 4-26-2018 by Ord. No. 2018-7]
The following provision(s) shall be added to and shall supplement
and amend the Standards for Individual Subsurface Sewage Disposal
Systems:
A.
As a supplement to the definition of "fill" found at N.J.A.C. 7:9A-2.1,
and as applied to the installation or modification of disposal fields
within the Township, the definition of "fill" shall be as follows:
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FILL — Disposal fields shall not be built up or mounded by fill to more than two feet. When disposal fields are built up by fill, the area of such fill shall extend at least 20 feet beyond the limits of the disposal field, and the fill shall be of earth taken from the same site having a permeability factor approximately equal to that of the ground over which the fill is placed. The permeability factor used for the design of a system in fill shall be within plus or minus 5% of the permeability found in the ground over which the fill is placed. In the event that disposal fields or systems are constructed where the depth of the seasonal high water table is less than five feet, a variance must be obtained pursuant to the standards outlined in § 216-5C.
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A.
No person shall locate, construct or alter any individual
sewage disposal system until a permit for the location, construction
or alteration of said sewage disposal system shall have been issued
by the Board of Health of the Township of Chesterfield.
B.
The Board of Health of the Township of Chesterfield
may issue a permit if an application for the same is accompanied by
a certificate made by an engineer licensed to practice professional
engineering in New Jersey, stating that the design of the individual
sewage disposal system, as proposed, is in compliance with the code.
C.
Where the history or hydrology of the property as
known to the Township Board of Health gives reason to believe that
the percolation test and/or soil boring might otherwise be inaccurate,
the Board of Health shall have the right to direct, and any applicant
shall be required to undertake, a new percolation test and/or soil
boring to be witnessed by the Township Engineer.
[Added 5-27-2004 by Ord. No. 2004-5]
D.
In the event the Township Engineer is required to perform the tasks set forth in Subsection C above, the applicant shall first be required to post an escrow fee as set forth in § 110-216, in the amount of $500, to be charged at the Township Engineer's contractual hourly rate for the services outlined in said sections.[1]
[Added 5-27-2004 by Ord. No. 2004-5;
amended 3-25-2010 by Ord. No. 2010-4; 4-26-2018 by Ord. No. 2018-7]
[1]
Editor’s Note: Former Subsection D, regarding soil types,
was repealed 4-26-2018 by Ord. No. 2018-7. This ordinance also redesignated
former Subsection E as Subsection D.
A.
New individual disposal systems shall not be placed
in operation, nor shall new dwellings or buildings or additions thereto
be sold or occupied which must rely on such a system for sewage disposal,
until the Board of Health of the Township of Chesterfield shall have
issued a certificate indicating that said disposal system has been
located and constructed in compliance with the terms of the permit
issued and the requirements of the aforesaid code. Issuance of such
certificate shall not be required for alterations to an existing individual
sewage disposal system.
B.
The Board of Health of the Township of Chesterfield
may issue such a certificate if an engineer licensed to practice profession
al engineering in New Jersey submits a statement, in writing, signed
by him to the Board of Health of the Township of Chesterfield that
said disposal system has been located and constructed in accordance
with the terms of the permit issued and the requirements of the aforesaid
code.
C.
Deviations from standards and requirements. Deviations
from the requirements outlined in this Code shall be governed by the
following standards where a defective disposal field that has failed
to meet the requirements herein has been located and proof of same
can be shown:
[Added 2-12-2004 by Ord. No. 2004-2]
(1)
Improved lots. In particular cases in which a disposal
field located upon an improved lot has become defective or has otherwise
failed, a variance may be granted if the benefits of the deviation
from the requirements of this Code would substantially outweigh any
detriments associated with said variance.
(2)
Vacant lots. In particular cases in which a disposal
field proposed for location upon a vacant lot fails to meet the requirements
outlined in this Code, a variance will be granted if there exists:
a) exceptional narrowness, shallowness or shape of a specific piece
of property; or b) exceptional topographic conditions or physical
features uniquely affecting a specific piece of property; or c) an
extraordinary and exceptional situation uniquely affecting a specific
piece of property which would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon, the owner
of such property; and d) the benefits of granting such a variance
substantially outweigh the detriments associated with same. The term
"buildable vacant lot" means a lot which has been lawfully approved
as of the time of the adoption of this chapter.
D.
Where the history or hydrology of the property as
known to the Township Board of Health gives reason to believe that
the percolation test and/or soil boring might otherwise be inaccurate,
the Board of Health shall have the right to direct, and any applicant
shall be required to undertake, a new percolation test and/or soil
boring to be witnessed by the Township Engineer.
[Added 5-27-2004 by Ord. No. 2004-5]
E.
[1]In the event the Township Engineer is required to perform the tasks set forth in Subsection D above, the applicant shall first be required to post an escrow fee as set forth in § 110-216 to be charged at the Township Engineer's contractual hourly rate for the services outlined in said sections.
[Added 5-27-2004 by Ord. No. 2004-5;
amended 3-25-2010 by Ord. No. 2010-4; 4-26-2018 by Ord. No. 2018-7]
[1]
Editor's Note: Former Subsection E, regarding soil types,
was repealed 4-26-2018 by Ord. No. 2018-7. This ordinance also redesignated
former Subsection F as Subsection E.
In case any permit or certification required
by this chapter is denied by the Board of Health of the Township of
Chesterfield, a hearing shall be held thereon before the Board within
15 days after request therefor is made by the applicant. Upon such
hearing, the Board of Health of the Township of Chesterfield shall
affirm, alter or rescind its previous determination and take action
accordingly within 15 days after the date of such hearing.
The Board of Health of the Township of Chesterfield
may order all further work in and about any individual sewage disposal
system which is being erected or installed in violation of the code
to be stopped forthwith, except such work as shall be necessary to
remedy such violation, and, thereafter, the work continued without
any violation of any of the provisions of the code, and, after issuance,
of any such order and the service of a copy thereof upon any person
connected with or working in and about the erection or installation
of any such disposal system or any part thereof, no further work shall
be done thereon except as aforesaid.
[Amended 5-4-1989 by Ord. No. 1989-5; 12-10-1992 by Ord. No.
1992-9A; 3-25-2010 by Ord. No. 2010-4]
The fees and charges are herewith established as set forth in § 110-216:
[Amended 5-10-1990 by Ord. No. 1990-6]
A.
Any person who violates or neglects to comply with
any provision of this chapter or code established herein, or notice
issued pursuant thereto, shall, upon conviction thereof, be liable
to a penalty of not less than $50 nor more than $1,000 for each violation.
In case a person shall have been twice convicted within the space
of one year for the violation of the same offense, the court having
jurisdiction over the matter may cause a penalty to be assessed not
exceeding $1,000 or imprisonment of said person in the county jail
for a period not exceeding 90 days or for 90 days of community service.
B.
In the event that a violation of this code or any
of the provisions of this chapter or code established herein requires
the Township to undertake judicial proceedings to enforce the provisions
of this code or the provisions contained herein, then the violating
party, upon determination that a violation has in fact occurred, shall
be responsible for all reasonable attorney's fees and costs incurred
by the Board of Health and the Township of Chesterfield in pursuit
of said legal remedies.
C.
Nothing contained herein shall be deemed to modify
or substitute for the penalties set forth at N.J.A.C. 7:9A-1.7, but
instead all penalties are designed and intended to be supplemental
and separate.
[Added 4-26-2018 by Ord.
No. 2018-7]
A.
Compliance with the provisions of N.J.A.C. 7:9A, "Standards for Individual
Subsurface Sewage Disposal System," shall be determined by the Burlington
County Health Department.
B.
Applications for approval to construct a new individual subsurface
sewage disposal system, as defined by N.J.A.C. 7:9A-2.1, and/or applications
for approval to alter, repair, or replace components to an existing
septic system, must be made to the Burlington County Health Department
on the prescribed form to be obtained from the county.
C.
Applicants seeking approval and permitting from the Health Department
shall simultaneously file with the Township Engineer a site plan demonstrating
the distances between features of the proposed and/or existing individual
subsurface sewage disposal system and wells on the subject and surrounding
properties, as well as surrounding property lines and structures.
D.
The Township Engineer shall provide written reports to the Board
of Health of Chesterfield Township on an as-needed basis to keep the
Board apprised of applications pertaining to the construction of a
new individual subsurface sewage disposal system within the Township
and/or applications for approval to alter, repair, or replace components
to an existing septic system in the Township.
E.
The Township Engineer's report to the Township Board of Health shall
state whether the application complies with the distance requirements
of N.J.A.C. 7:9A-4.3, and/or whether a waiver from the requirements
of this article is required. Should a waiver from the requirements
of this article be necessary, the applicant shall seek relief from
the Township Board of Health.
[Adopted 12-14-2000 by Ord. No. 2000-22]
A.
Creation. Pursuant to N.J.S.A. 40A:26A-1 et. seq.,
a self-liquidating sewer utility has previously been created in and
for the Township of Chesterfield and shall be known as the "Chesterfield
Township Sewer Division of the Department of Public Works."
B.
Accounting. The Township Chief Financial Officer or
his or her designee is responsible for establishing a financial management
system to accurately account for revenues generated by the system
and expenditures for operation and maintenance, including replacement
of the treatment system. All future revenue and accounting from said
sewer utility shall be on a dedicated utility basis in conformity
with N.J.S.A. 40A:4-35, and all money derived from the operation of
said sewer utility shall be kept segregated in a separate fund, which
shall be known as the "Sewer Utility Fund," and all disbursements
for the operations and maintenance, including replacement, of the
sewer utility shall be taken from said Sewer Utility Fund.
C.
Budget. The dedicated budget of this sewer utility
shall include appropriations for operating expenses, capital improvements,
debt service and for the payment of all bonds, principal and interest
and all other deferred charges and statutory expenses as may be required.
D.
Administration. The administration of the sewer utility
system shall be under the Township Clerk or his or her designee.
Unless the context clearly indicates otherwise,
the following words, terms and phrases shall have the following meanings
when used in this article:
Any person, corporation or organization contracting for water
or sewer connections or use, products or services or who use said
services, or who is the owner or occupant, or both, of any real property
which directly or indirectly has been connected to the sewer system
or to which directly or indirectly has been furnished or supplied
the use, products or services of the sewer system or sewer services,
facilities oy products.
The Chesterfield Township Sewer Division of the Department
of Public Works.
Waste and wastewater comprising the discharge of household,
commercial or otherwise wastes from bathroom toilet facilities, home
laundries and kitchens which are predominantly the result of natural
human waste elimination associated with bodily function and food preparation;
and sewage from commercial restaurants and commercial laundries subject,
however, to the terms of the "Operations Agreement for Sewage Services"
entered into by and among the Township of Chesterfield, the New Jersey
Department of Corrections and the State of New Jersey, Department
of Treasury.
The Township Committee or his or her designee in the Department
of Public Works.
The Township-owned or leased piping and appurtenances in
or along public highways and streets or along privately owned rights-of-way,
used for the collection of domestic sewage or industrial wastes from
its customers.
All users and connections other than those defined as residential
use, including but not limited to business, commercial, industry,
restaurants, taverns, theaters, camps, churches, schools, hospitals,
boarding homes, nursing homes, etc.
An individual, corporation, partnership or other entity or
organization, and includes the plural thereof as well as the singular.
A single-family or multifamily dwelling, apartment, trailer,
mobile home, hotel or motel unit which is designed and used exclusively
for providing living accommodations.
The Township of Chesterfield.
In the case of a residential use, each dwelling unit, e.g.,
a single-family residential dwelling, an apartment, a townhouse unit,
etc., and in the case of a nonresidential use, a single nonresidential
use drawing a maximum of 300 gallons of water per day, and for any
usage in excess of 300 gallons per day, an additional unit shall be
calculated in accordance with the flow criteria contained at N.J.A.C.
7:14A-23.3.
A.
Connection required.
(1)
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
situated within the Township and abutting on any street, alley or
right-of-way in which there is now located or may in the future be
located a sanitary sewer, are hereby required, at the owner's expense,
to connect the drainage of all sources of sewage to the sewer in accordance
with the provisions of this article, and except as otherwise provided
herein, within 120 days after date of official notice to do so, provided
that the sewer is within two hundred feet of the property line.
(2)
New sewers and connections to the system shall be
properly designed and constructed.
(3)
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Township from any loss or damage that
may directly or indirectly be occasioned by the installation of the
building sewer.
B.
Connection fee; permit. The Township Committee hereby
establishes a fee to be paid by each user to assist the municipality
in financing the capital cost of construction of both its infrastructure
and its obligations to the Department of Corrections arising from
the costs associated with the upgrades required for the plant to which
the Townships sewage flow is to be directed. The fee schedule established
herein will allow the Township to meet its obligations with regard
to the repayment of those capital costs.
[Amended 9-12-2002 by Ord. No. 2002-11]
(1)
Each applicant for a connection from a single-family
residential dwelling to the sewer system shall pay to the Township
a fee of $4,850 to make the connection. The connection fee shall be
a first lien or charge against the property benefitted therefrom,
which may be levied and shall be enforceable in the manner provided
for real property tax liens.
(a)
The fee shall be due and payable as follows:
for existing houses, the fee shall be paid at the time of the issuance
of the plumbing permit. For new development whether residential or
nonresidential, the fee shall be paid 1/2 at the time of the issuance
of preliminary approval of the lot and 1/2 upon the issuance of a
building permit.
(b)
Interest. Interest upon a connection fee which
remains unpaid for 30 days after the amount is due shall accrue at
a rate of 6% per annum or at a rate of interest equal to the monthly
index for the immediately preceding month for twenty-year tax exempt
bond yields as compiled by the Bond Buyer, whichever is greater.
(c)
Installment payments for amounts that remain unpaid. Any residential user that fails to pay the connection fee within 30 days of the date due, but instead submits a first payment of $1,000, along with a written notice indicating his or her intent to pay in a total of five installments, who also satisfies the conditions stated herein, in accordance with N.J.S.A. 545-19, may pay the connection fee by way of an installment plan consisting of a total of five payments. If a user who has failed to pay the total amount due within 30 days of the date it is due and payable elects to pay the connection fee in five installments and makes such payments in a timely fashion, the Township and its Tax Collector will not exercise its right to enforce its lien during this time. Interest will, however, continue to accrue as set forth in Subsection B(1)(b) above until the final payment is made. The first payment which shall be due at the time specified in Subsection B(1)(a) above must be $1000.00 (which will be credited towards principal), with the remainder to be paid in four equal installments due on September 1 of each year. Assuming an interest rate of 6%, each of the four remaining payments, including interest will be in the amount of $1,111.08. An individual is only eligible to pay in installments as set forth herein, provided that the connection fee does not apply to any parcel of property which has been included in any plan adopted by any municipality of the state or under any statute of the state whereunder prior extensions for the payment of delinquent taxes were authorized; provided, further, that the right of any person interested in paying in installments shall be conditioned upon prompt payment of installments of taxes for the current year and all subsequent taxes and assessments and other municipal liens imposed or becoming a lien thereafter, including all installments thereafter payable on assessments theretofore levied, and also prompt and full payment of all installments of arrears as herein authorized; and provided, further, that in case any such installment of arrears under this plan or of any new taxes, assessments or other liens are not promptly paid, that is to say, within 30 days after the date when the same is due and payable, then such installment plan shall be void, and the Township shall enforce its lien in the manner set forth for tax sales.
(d)
Time for connection for residential users and
discontinuance of septic systems:
[1]
For residential users currently served by a
septic system which is deemed to be failing or otherwise presents
any health dangers to the community, then connection shall be made
immediately upon the availability of same.
[2]
For residential users currently serviced by
septic systems which do not present immediate health concerns, all
such septic systems shall be discontinued and terminated and connection
shall be made within 120 days after date of official notice to do
so.
(2)
Each applicant for a connection from a nonresidential source to the sewer system shall pay the township a fee of $4,850 per unit as defined in § 216-11 of this article. The connection fee shall be a first lien or charge against the property benefitted therefrom, which may be levied and shall be enforceable in the manner provided for real property tax liens.
(a)
The fee shall be payable as follows: for existing
nonresidential uses, at the time of issuance of the plumbing permit,
and for new nonresidential uses, 1/2 at the time of preliminary approval
and 1/2 at the time of issuance of the building permit.
(b)
Interest. Interest upon a connection fee which
remains unpaid for 30 days after the amount is due shall accrue at
a rate of 6% per annum or at a rate of interest equal to the monthly
index for the immediately preceding month for twenty-year tax exempt
bond yields as compiled by the bond buyer, whichever is greater.
C.
Individual pumps.
[Amended 6-23-2022 by Ord. No. 2022-11]
(1)
Any pump provided by the Township which is owned and exists at the
time of this ordinance which is required to pump sewage from the user
to the system will be maintained, repaired, and/or replaced by the
Township, and the property owner shall provide and maintain an easement
in favor of the Township to facilitate same. The property owner is
responsible for the lateral from the house to the pumping chamber
and all electric required to operate the pump as well as any alarm
or other electrical system associated with same.
(2)
Property owners, where a Township pump is present as indicated in § 216-12C(1) of this chapter, shall be responsible for proper use of the waste system from their house to the pump, and any damage to the pump caused by the misuse of the system will be the responsibility of the property owner, and the property owner will be required to pay for the repair or replacement of the pump.
(3)
For all new construction and additions requiring a sewer pump or
an upgraded sewer pump where it is required to pump sewage from the
user to the system, said pump and related equipment shall be purchased
and installed by the property owner or developer of the site and ownership
of the pump and related components shall remain that of the property
owner. Where an existing Township-owned sewer pump and related components
are required to be upgraded due to a property owner adding additional
load or where upgraded capacity of the pump is based on an addition,
expansion, or any other modifications at the property; ownership,
repair, and maintenance of said pump shall be entirely the responsibility
of the property owner and transfer of ownership shall be memorialized
by resolution of the Township Committee and any and all easements
associated with access and maintenance to the sewer pump shall be
extinguished.
(4)
In the case of a private sewer pump, the property owner is responsible
for all system components from the house to the pump system and beyond
the pump system to the final connection at the sewer main. Such responsibility
includes all electric required to operate the pump as well as any
alarm or other electrical system associated with same. The manufacturer,
design, capacity, and operation of private sewer pumps is the sole
responsibility of the property owner who shall retain such professional
service as may be necessary to ensure the private pump system is adequate
to pump into the Township sewer force mains and gravity mains.
D.
Department of Corrections charges; responsibility.
(1)
Each applicant is responsible for any and all fees
charged by the Department of Corrections, including fees for review
of their application for connection to the sewer system.
(2)
If a user violates the Department of Corrections'
permit parameters, either by quality, excess in quantity or otherwise,
the user will be charged for the violation. Any fines or fees charged
to the Township shall be recouped from those users causing the imposition
of the fines or fees.
E.
Prohibited connections.
(1)
The construction or maintenance of any privy, cesspool,
septic or other individual sewage disposal system within areas of
the Township adequately serviced by the Township sewer system is declared
to be a nuisance and is hereby prohibited.
(2)
None of the following shall be connected, either directly
or indirectly, to the Township sewer system:
(3)
All wastewater introduced into the treatment works
shall not contain toxics or other pollutants in amount or concentration
that endangers public safety and physical integrity of the treatment
works or cause violation of a permit or preclude the selection of
the most cost-effective alternative for wastewater treatment and sludge
disposal.
(4)
All nondomestic users are hereby prohibited from introducing
any waste that will interfere with the operation or performance of
publicly owned treatment works. This specifically includes:
(a)
Waste that creates a fire or explosion hazard
in the treatment works.
(b)
Waste which causes corrosive structural damage
to the treatment works, including any wastes with a pH of less than
5.0.
(c)
Solid or viscous waste in amounts which would
cause obstruction to the flow in sewers or their interference with
the proper operation of the works.
(d)
Any pollutant, including oxygen-demanding pollutants,
released in a discharge of such volume or strength as to cause interference
in the treatment works.
(e)
Heat in amounts which will inhibit biological
activity in the treatment works resulting but in no case heat in such
quantities that the temperature at the treatment works influent exceeds
40° C (104° F.).
F.
Access to system. Employees and representatives of
the Township may, at all reasonable hours and at any time in the case
of emergency, have free access to the sewer and water system, including
lines, pipes and fixtures upon the premises or within the building
for the purpose of tests, inspection, emergency repairs, meter readings
and such further acts as may be necessary to properly operate and
maintain the sewer and water system. Nothing herein contained, however,
shall relieve the owner of the property of responsibility for the
costs and expenses incurred by the Township in undertaking said emergency
repairs, tests, inspections, readings, or other acts, where the situation
giving rise to the emergency was caused or precipitated by the actions,
negligence or inactions of the owner or the owner’s agents,
contractors, or representatives.
[Amended 3-8-2007 by Ord. No. 2007-5]
G.
Nonliability of Township. The Township shall not be
held liable or accountable for any damage which may result from leaks,
burst pipes, sewer backups or from any other causes connected with
discharge or sewage in occupied or unoccupied buildings.
H.
Maintenance.
[Amended 5-13-2004 by Ord. No. 2004-6; 3-8-2007 by Ord. No.
2007-5]
(1)
The property owner shall be responsible for the maintenance
of the service lines between the sewer connection line cleanout and
the premises and shall keep the same in good repair and protected
at all times from damage of any kind and shall be held liable for
loss of sewer service for failure to do so. All leaks in the service
lines shall be promptly reported to the Division and Township sewer
operator and repaired within three working days by the property owner,
unless advised by the Division or Township sewer operator of the need
for emergent repair, in which case, the timeline set by the Division
or Township sewer operator shall control.
(2)
In the event of damage to the municipal service lines,
or other municipal infrastructure, caused or created by the negligence,
actions or inactions of a property owner of the property owner’s
agents, contractors or representatives; and/or in the further event
that said damage presents an imminent and/or immediate danger to the
public health, safety and welfare and the stability and integrity
of the sewer infrastructure system, (which decision shall be made
in the sole discretion of the Township Sewer Operator), the Township
reserves the right, either through its own personnel, or through contractors,
to undertake such actions as are necessary to abate the situation,
repair the system, and take any and all other acts deemed by the sewer
operator to be necessary to protect the municipal infrastructure and/or
surrounding properties and/or the public health, safety and welfare.
Nothing herein contained shall require the Township to first offer
the opportunity to the owner of the property the opportunity to effectuate
said repairs; the Township reserves the right in its sole discretion
to undertake the emergency repairs it deems necessary to meet the
purposes set forth herein.
(3)
If emergency repairs to the system are required, the
Township may undertake the work. If said repairs are determined by
the Township's Sewer Operator to be the responsibility of the property
owner, the Township may charge the costs of the repair work to the
property owner. The Township may also charge the property owner with
the costs of repairing damage on Township property or other property
owners' properties, if the Township's sewer operator determines that
the damage was caused by the property owner's failure to make timely
repairs on his/her property. Said payment shall be due with the next
quarterly tax bill thereafter issued, or, if a sewer connection permit
has not yet been issued, shall be due prior to the issuance of said
permit, and should the property owner fail to pay for the repair work,
the Township may, in its sole discretion, either withhold the issuance
of the sewer connection permit and/or file a lien against the property
in the amount owed, plus administrative and legal costs; and/or may
take such other action as it deems appropriate to recover the costs
of the repairs, and ensure compliance with the rules and regulations
of this chapter by the owner.
I.
Improvements to system. All extensions, mains and
other improvements to the sewer systems made at the expense of any
person shall become the property of the Township of Chesterfield and
shall, after inspection and approval by the Township Engineer and
the Division and acceptance by the Township Committee, become the
responsibility of the Township for care, maintenance and repair.
J.
Discontinuance of service. Sewer service may be discontinued
for any of the following reasons:
(1)
The use of sewer service for any property or purpose
other than as described in the application or in violation of the
terms of this article.
(2)
Willful waste of sewer service through improper or
imperfect pipes, fixtures or otherwise.
(3)
Failure to maintain in good order the connections,
service lines or fixtures owned by the property owner.
(4)
Molesting, tampering with or attempting to molest
or tamper with any service pipe, collection pipe, cleanout or any
other fixtures or appliances of the Department.
(5)
For such other reasons as may be permitted by state
statute or other applicable laws, and in accordance with any remedies
relating thereto.
[Added 9-12-2002 by Ord. No. 2002-11]
K.
Other sewage. With respect to any other establishment
located in the Township which desires to transmit anything other than
domestic sewage to the Department of Corrections facility for treatment
and disposal, said proposal and the nature of the sewage to be received
must be approved by the Department of Corrections' Engineer and must
meet all prevailing state and federal treatment standards. If additional
costs are incurred by the Department of Corrections to treat the sewage
generated by the establishment, the additional costs incurred by the
Department of Corrections for same shall be based upon the established
rates which reflect the actual cost of additional service by the Department
of Corrections. The additional costs required by the Department of
Corrections will be borne solely by the applicant customer.
A.
Significant industrial user. Any new source significant
industrial user (SIU), as defined by N.J.A.C. 7:14A-1 et seq., shall
obtain a State NJPDES/SIU permit prior to commencing discharge into
the treatment works.
B.
Federal standards. Where any federal categorical pretreatment
standard applicable to a particular industrial subcategory is more
stringent than limitations imposed under this article for sources
in that subcategory, the federal standard shall supersede the limitations
under this article. Affected industrial users shall comply with the
applicable standard(s) by the compliance deadlines specified in 40
CFR 403.6(b). All industrial users subject to federal categorical
pretreatment standards shall, at a minimum, comply with the reporting
requirements contained in 40 CFR 403.12.
A.
Each user that discharges pollutants into the system
that causes an increase in the cost of managing the effluent or sludge
from the treatment works shall pay for such increased cost.
B.
Each user shall be notified annually of the rate and
portion of the charges or ad valorem taxes attributable to wastewater
treatment services.
C.
The cost of all extraneous flow treated shall be distributed
among all users.
D.
Any agreements between applicant and users that is
inconsistent with this article shall be disregarded.
E.
Metered services. Sewer service charges for all ratepayers (residential
and nonresidential users) serviced by a water utility are calculated
based on water consumption as measured by the ratepayer's water meter
in the following manner, depending on the quarterly billing period,
as follows:
[Amended 12-28-2007 by Ord. No. 2007-25; 7-26-2018 by Ord. No. 2018-13; 12-27-2018 by Ord. No. 2018-24]
(1)
First quarter (January, February, March) sewer service charges shall
be billed by the Township in April, and invoices will be based on
the actual amount of water used during the first quarter, calculated
using the ratepayer's water meter readings as such information is
provided to the Township by the water utility;
(2)
Second quarter (April, May, June) sewer service charges shall be
billed by the Township in July, and invoices will be based on the
ratepayer's average water usage during the immediately preceding first
and fourth quarters;
(3)
Third quarter (July, August, September) sewer service charges shall
be billed by the Township in October, and invoices will be based on
the ratepayer's average water usage during the immediately preceding
first and fourth quarters;
(4)
Fourth quarter (October, November, December) sewer service charges
shall be billed by the Township in January of the following calendar
year, and invoices will be based on the actual amount of water used
during the fourth quarter, calculated using the ratepayer's water
meter readings as such information is provided to the Township by
the water utility.
F.
Ratepayers with metered water service will be charged a minimum quarterly
flat rate which will apply to all levels of water usage up to 10,000
gallons per quarter. For every additional 1,000 gallons, or any part
thereof, used within a quarter, excess consumption fees will be assessed
in accordance with this section.
[Amended 9-12-2000 by Ord. No. 2002-11; 7-26-2018 by Ord. No. 2018-13; 12-27-2018 by Ord. No. 2018-24]
G.
Minimum quarterly flat rate. The minimum quarterly flat rate for
all ratepayers with metered water service is $70.
[Added 7-26-2018 by Ord.
No. 2018-13; amended 12-27-2018 by Ord. No. 2018-24]
H.
Excess water consumption charge. Ratepayers with metered water service
who use more than 10,000 gallons of water in a given quarter will
be charged an excess consumption fee of $5.25 for each additional
1,000 gallons, or any part thereof, used.
[Added 7-26-2018 by Ord.
No. 2018-13; amended 12-27-2018 by Ord. No. 2018-24]
I.
Unmetered services. The quarterly flat rate for ratepayers that utilize
private wells and are not serviced by a water utility is $96.25.
[Added 7-26-2018 by Ord.
No. 2018-13; amended 12-27-2018 by Ord. No. 2018-24]
J.
Senior citizens qualifying for the senior citizen tax deduction from
the State of New Jersey shall receive a 15% reduction in their rate.
Places of worship, not including any parsonage connection, shall be
exempt.
[Added 7-26-2018 by Ord.
No. 2018-13; amended 12-27-2018 by Ord. No. 2018-24]
K.
The Township shall provide quarterly bills to all users of the system.
Bills shall be payable within 30 days of mailing. Interest shall be
charged on unpaid and overdue balances and shall become liens, collectable
with the property owner's taxes, with interest accruing at the rate
of 1.5% per month or at a rate of interest at least equal to the monthly
index for the immediately preceding month for twenty-year tax-exempt
bond yields as compiled by the bond buyer, whichever is greater.
[Added 12-27-2018 by Ord.
No. 2018-24]
B.
Moreover, in the event that the owner of such building
fails to connect in accordance with the terms of this article, the
Chesterfield Township Board of Health is hereby authorized to order
such connection by written notice signed by the Chairperson of the
Board of Health and served by the designee of the Chairperson either
upon the owner(s) personally or by leaving such notice at the owner'(s)
usual place of abode with a family member above the age of 18 years.
If, following service of such an order in the manner described above,
the owner(s) fails to connect within 30 days of receipt of the aforesaid
order, the owner shall be subject to a fine of $25 plus $10 for each
day of delay following the expiration of the thirty-day period which
succeeds the day of receipt by the owner(s) of the aforesaid order.
C.
In the event that the Township is required to institute
action, to compel connection to the municipal sewer system, and/or
determines to institute suit to recover any costs or fees incurred
by the Township in the course of undertaking any emergency repairs
authorized under this chapter, and in the further event that the Township
is successful in the course of that action, the property owner against
whom said action is brought shall be responsible for all reasonable
attorney’s fees and costs of suit incurred by the Township in
the course of such proceeding, even if, at the conclusion of the matter,
it is determined by a Court of competent jurisdiction that the property
owner’s contractors were responsible for the damages, it being
the determination of the Township Committee that said contractors
serve as the agents, servants and employees of the property owner,
who is ultimately responsible.
[Amended 3-8-2007 by Ord. No. 2007-5]
