[Adopted 2-9-2006 as Ch. 200, Art. I, of the 2006 Code of the Borough of
High Bridge]
[Amended 6-13-2013 by Ord. No. 2013-13]
Pursuant to N.J.S.A. 40A:26A-1 et seq., the Mayor and Council
does hereby fix and prescribe such charges, rents, rules, regulations,
conditions and restrictions as to connection to and use of sewers
and drains in the Borough, which sewers and drains remain under the
control and management of the Sewer Utility pursuant to N.J.S.A. 40:14A-1
et seq.
The Borough of High Bridge entered into an agreement with the
Town of Clinton, New Jersey on December 7, 1964, to provide for conveyance,
treatment and disposal of sanitary sewage emanating from the Borough
of High Bridge. It is the judgment of the Borough of High Bridge,
hereinafter referred to as "Borough," that the charges provided for
herein are reasonable and necessary at the present time to pay the
expenses for the annual charges, operation and maintenance of the
sewerage system, including reserves, insurance, extension and replacements,
and to pay punctually the principal of and interest on Borough bonds
issued to finance construction and to maintain such reserves therefor
as may be required and as are determined necessary and desirable by
the Borough. A portion of the charges provided for herein shall be
used to establish a replacement cost fund for the replacement of major
equipment, including but not limited to pumping systems utilized in
the sewerage system. Such a fund will be established upon the recommendation
of the Borough Engineer based upon the expected useful life of any
major equipment utilized in the sewerage system and the expected replacement
cost thereof.
It is the determination of the Mayor and Council that such income
and expenses shall be kept separate and apart from the local municipal
budget and shall be collected by the Borough and maintained in a separate
Sewer Utility Fund for the purposes of this article.
The Borough shall review not less than every year the wastewater
contribution of users and user classes, the total cost of operation
and maintenance of the sewerage systems and the Borough user charge
system and shall revise the charges for users or user classes to accomplish
the following:
A. Maintain the proportional distribution of operation and maintenance
cost among users and user classes as required.
B. Generate sufficient revenue to pay the total operation and maintenance
costs necessary for proper operation and maintenance, including a
replacement of the sewerage system.
C. Apply excess revenues collected from a class of users to the cost
of operation and maintenance attributable to that class for the next
year and adjust the rate accordingly.
As used in this article, the following terms shall have the
meanings indicated:
AGREEMENT BETWEEN THE BOROUGH AND TOWN OF CLINTON
An agreement entitled "Agreement Providing for Conveyance,
Treatment and Disposal by the Town of Clinton of Sanitary Sewage Emanating
from the Borough of High Bridge," dated December 7, 1964, and all
revisions, amendments and supplements thereto.
BOD (DENOTES "BIOCHEMICAL OXYGEN DEMAND")
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 (ppm) by weight.
BUILDING SEWER
The extension from the sewage drainage system or any structure
to the service lateral installed as part of the main line collection
sewer.
CHLORINE DEMAND
The amount of chlorine, in milligrams per liter, which must
be added to sewage to produce a chlorine residual of 0.5 milligram
per liter after a contact period of 60 minutes, in accordance with
procedures set forth in Standard Methods.
COMMERCIAL USER
Any nonresidential, nonindustrial use which discharges domestic
wastes or water to the sanitary sewer, including but not limited to
business, traffic, trade, service or commerce.
CONNECTION FEE (HOOKUP FEE)
Fees, other than permit fees, charged for the direct or indirect
connection with, and use of, the Borough's sewerage facilities, including
the initial charge made upon connection into the Borough's system.
CURB VENT or CLEANOUT
The area along the service line where a service lateral connects
with a building sewer running from the owner's premises. Said point
is the area where Borough responsibility ends and owner responsibility
begins. The curb vent or cleanout shall usually be located adjacent
to the curb abutting a street servicing the owner's premises.
DRY SEWER
A sewer system, or any part thereof, which has been completely
installed, tested, and ready for service but for which no outlet has
been constructed, and for which no sewage is allowed until such time
that it is approved for connection and connected to the Borough's
sewerage facilities.
EMPLOYEE
One who works 20 hours or more per week.
ENGINEER
The Borough's Engineer who is engaged at the time to serve
the Borough for the design, inspection of construction and operation
of the Borough's sanitary sewerage system.
FORCE MAIN
That pipe or conduit operating under pressure and constituting
a part of the sanitary sewer system used or usable to convey Borough
sewage from the pumping station to the Town of Clinton.
GARBAGE
Solid waste from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
GROUND GARBAGE
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles will
be carried freely in suspension under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
in any dimension.
ILLICIT CONNECTION
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 High Bridge, 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.
IMPROVED PROPERTY
Any property within the sewered area upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage or industrial wastes shall be or may be discharged.
INDUSTRIAL USER
Any nonresidential user, identified in the Standard Industrial
Classification Manual, 1972, Office of Management and Budget, under
Divisions A, B, D or E, which discharges industrial process waters
into the Borough's sanitary sewerage collection system.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance discharged, permitted
to flow or escape in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sanitary sewage.
INFILTRATION
Water, other than wastewater that enters a sewerage system,
including sewer service connections, from the ground through such
means as defective pipes, pipe joints, connections or manholes. Infiltration
does not include and is distinguished from inflow.
INFLOW
Water, other than wastewater, that enters a sewerage system,
including sewer service connections, from sources such as roof leaders,
cellar drains, yard drains, area drains, foundation drains, drains
from springs and swampy areas, manhole covers, cross-connections between
storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
surface runoff, street wash waters or drainage. Inflow does not include
and is distinguished from infiltration.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Borough of High Bridge or other public body, and is designed and
used for collecting and conveying stormwater.
NJPDES PERMIT
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.
NONCONTACT COOLING WATER
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.
NORMAL SEWAGE
Sewage with a maximum:
A.
Five-day biochemical oxygen demand of 250 milligrams per liter.
B.
Suspended solids content of 300 milligrams per liter.
C.
Chlorine demand of five milligrams per liter.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the sewered area.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, in gram-moles per liter of solution, and indicates
the degree of acidity or alkalinity of a substance.
PROCESS WASTEWATER
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, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from an
improved property.
SANITARY SEWER
A sewer that conveys sewage or industrial wastes, or a combination
of both, and into which stormwater, surface water and groundwater
or unpolluted industrial wastes are not intentionally admitted.
SANITARY SEWER SYSTEM
All facilities as of any particular time situated in the
sewered area for the collection, pumping, treating and disposing of
sanitary sewage and industrial wastes.
SERVICE LATERAL
The part of the sewage system from the collection sewer to
a curb vent or cleanout.
SEWERED AREA
That portion of the Borough in which there is constructed
a sewage collection system in accordance with plans approved by the
Borough and as from time to time may be constructed and extended.
SEWER RENTAL UNIT
The basis for assigning charge to individual user based on the character of that use as indicated in §
303-7 of this article.
SLUG
Any discharge of water, sewage or industrial waste which
exceeds, in connection with any given constituent or in quantity of
flow, for any period of longer duration than 15 minutes, more than
five times its average hourly concentration flow.
STANDARD METHODS
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water,
Sewage and Industrial Wastes, published jointly by the American Public
Health Association, the American Water Works Association and the Water
Pollution Control Federation.
STORM SEWER
A sewer that carries stormwater, surface water and groundwater
drainage, but excludes sewage and industrial wastes.
STORMWATER
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.
SURCHARGE
A charge, in addition to the service charge rental, which
is levied on those persons whose wastes are greater in strength than
the concentration values established as representative of normal sewage.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtration. The standard laboratory procedure shall be that found
in the latest edition of Standard Methods.
TOXIC SUBSTANCE
Any substance, including copper, cyanide and chromium compounds,
which inhibits the activity of humans, animals or organisms.
UNPOLLUTED WATER OR LIQUIDS
Any water or liquid containing none of the following:
A.
Emulsified grease or oil.
B.
Substances that may impart taste, odor or color.
C.
Odorous or otherwise obnoxious gases.
D.
Total dissolved solids in excess of 1,000 milligrams per liter.
E.
Suspended solids in excess of five milligrams per liter.
F.
A biochemical oxygen demand (BOD) in excess of five milligrams
per liter.
G.
A pH below 6.0 or greater than 9.0.
Under no circumstances shall any of the following be discharged
into the sanitary sewers of the sewered areas directly or indirectly:
B. Any toxic substance, such as gasoline, benzene, naphtha, fuel oil
or other flammable or explosive liquid, solid or gas.
C. Any liquid having a temperature higher than 150° F.
D. Any liquid containing more than 100 parts per million of fat, oil,
grease, or other matter containing any ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics or wood.
E. Any solid or viscous substance capable of causing obstructions or
other interference with the proper operation of the H.B.S.U. and/or
the Borough sewerage treatment plant or the sewerage collection system.
F. Any liquid having a pH, as determined by the Borough's Engineer,
the H.B.S.U. or the Borough, lower than 6.0 or higher than 9.0 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment or personnel, or material that would be harmful
to the treatment of sewage.
G. Ground garbage, except the residue from the preparation, cooking
and dispensing of food that has been shredded to such degree that
all particles will be carried freely in suspension under flow conditions
normally prevailing in public sewers, with no particle greater than
1/2 inch in any dimension.
H. It shall be a violation hereof, subject to penalties pursuant to §
303-24, for any customer or user of the High Bridge sewer system to hook up a sump pump in any manner whatsoever so that it shall pump either directly or indirectly into the Borough sewer system. Furthermore, the Borough upon finding any such illegal hookup shall cause such illegal hookup to be removed and impose a surcharge of $500 to be billed by the Sewer Utility, plus any actual costs incurred by the Borough in removing said illegal sump pump hookup. This surcharge shall be in addition to any penalty imposed pursuant to §
303-24.
The cost of operation and maintenance for all flow indirectly
attributable to users which arises out of infiltration/inflow shall
be distributed among all users of the system in the same manner that
the cost of operation and maintenance among users or user classes
is distributed for their actual use.
The Borough shall have the right of access at reasonable times
to any part of any improved property served by the sewer system as
shall be required for purposes of inspection, measurement, sampling
and testing and for the performance of other functions relating to
service rendered by the Borough through the sewer system. All applications
for permits for connections shall contain an agreement permitting
such access as a condition of granting the permit.
The Borough reserves the right to amend these rates, rules and
regulations or to adopt additional rates, rules and regulations as
it deems necessary and proper in connection with the use and operation
of the sewer system or as may be required to meet the necessary costs
and expenses.
No officer or employee of the Borough or Borough shall vary
these rules without action by the Mayor and Council.
The Borough or Town of Clinton shall not be liable for a deficiency
or failure of service when occasioned by an emergency, required repairs
or failure from any cause beyond control. The Borough and Town of
Clinton reserve the right to restrict the use of sewer service whenever
the public welfare requires it.
Every owner of improved property, which is connected to the
sanitary sewer system, shall provide the Borough with his/her correct
address and any changes thereafter. Failure of any person to receive
quarterly bills for sewer rentals and charges shall not be considered
an excuse for nonpayment, nor shall this failure result in an extension
of the period of time during which the net bill is payable.
All service laterals completed during the initial construction
period for the sanitary sewer system shall be installed at the Borough's
expense. The actual date of completion of the sanitary sewage collection
system shall be published and made known to the owners of all connection
units.
All connection units discharging industrial waste into the sanitary
sewer system shall be charged a sanitary sewer rental based on measured
volume of discharge, in accordance with a schedule to be established
from time to time by H.B.S.U., provided that a minimum charge equal
to a flat-rate sanitary sewer rental shall be paid by each connection
unit discharging industrial waste.
Unpaid charges and rentals for connection to and use of the
sanitary sewer system shall be liens upon the premises connected until
paid, and the Borough shall have the same remedies for the collection
thereof, with interest, costs and penalties, as the Borough has by
law for the collection of taxes upon real estate.
[Adopted 2-9-2006 as Ch. 200, Art. II, of the 2006 Code of the Borough of
High Bridge]
The New Jersey State Department of Environmental Protection
has promulgated certain regulations, known as "Standards for the Construction
of Individual Subsurface Sewage Disposal Systems (1989)" (N.J.A.C.
7:9A-1 et seq.), establishing standards for the location and construction
of sewage disposal systems, which standards shall be controlling unless
higher standards are prescribed by the local Board of Health. These
standards are hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6,
together with the amendments and supplements thereto as may be changed
from time to time. A copy of the standards is annexed hereto and made
a part hereof without inclusion of the text therefor herein.
The standards established and adopted by this article are described
and commonly known as "Standards for Individual Subsurface Sewage
Disposal Systems (effective January 1, 1990)," as promulgated by the
New Jersey Department of Environmental Protection, together with any
amendments and supplements (N.J.S.A. 26:3-69.1 et seq.).
Three copies of the Standards for Individual Subsurface Sewage
Disposal Systems (effective January 1, 1990), as amended by the Borough
of High Bridge Board of Health, have been placed on file in the office
of the Clerk upon introduction of this article and will remain on
file in that office for use and examination by the public.
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 system for sewage disposal until
the administrative authority has issued a certificate indicating that
the 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 be required for alterations
to an existing individual disposal system.
Persons who do not hold a proper license to engage in such business
shall not engage in the business of emptying or cleaning septic tanks,
cesspools, privies or any place used for the reception or storage
of human excrement.
The Borough Engineer may issue a permit if the application is
determined to be in compliance with the regulations adopted under
this article and applicable local ordinances. The Borough Engineer
reserves the right to impose additional requirements which, in his/her
judgment, or his/her authorized agent's judgment, such requirements
are warranted.
All individual subsurface sewage disposal systems constructed,
repaired or certified for operation after the effective date of this
article shall comply with the operation and maintenance requirements
set forth under N.J.A.C. 7:9A-12.1.
[Amended 8-12-2021 by Ord. No. 2021-037]
New individual subsurface sewage disposal systems shall not
be placed in operation, nor shall any dwelling or buildings or additions
thereto be sold or occupied, which rely on such a system for sewage
disposal, until the Borough Council issues a resolution indicating
that the subsurface disposal system has been located and constructed
in compliance with the terms of the permit issued, the provisions
of the Municipal Code and the provisions of N.J.A.C. 7:9A-1.1 et seq.
Any approved application for the location, construction and/or
alteration of an individual subsurface sewage disposal system, issued
after the passage of this article, shall be valid for a period of
two years from the date of issuance. Thereafter, a new approved application
must be obtained which will be reviewed under the regulations in effect
at the time of the new application.
All applicants will reserve a portion of the property to accommodate
a backup subsurface sewage disposal system in the event the primary
system malfunctions or fails. Any applicants, commercial or residential,
installing a nonconventional system will likewise be required to reserve
a portion of the site for similar purposes. Any such reserved site
must meet the requirements of Subchapters 4 and 5 and any other applicable
subchapter of the standards, Chapter 7:9A.
Whenever an applicant for a septic permit cannot meet the restrictions
imposed by the Borough Engineer because the applicant is unable to
meet the regulations due to limited site conditions, the Borough Engineer
shall have the power to request deed restrictions on the property
which are deemed necessary by the Borough Engineer in order to bring
the system as close to conformance as possible and to protect the
public health, safety and welfare.
In case any permit or certification required by this article
is denied by the Board of Health, a hearing shall be held thereon
before the Board within 15 days after request therefore is made by
the applicant; and, upon such hearing, the Board of Health 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 may order all further work in and about
any individual sewage disposal system which is being erected, repaired
or installed in violation of this 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 this code. 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.