Borough of High Bridge, NJ Sewers

Editor's Note: The former definition of "hookup fee," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 303-6 Connection to sewer lines.

Connection required; application procedure. Upon notice by the High Bridge Mayor and Council, the owner of any building located on property anywhere in the Borough which abuts a sanitary sewer line or a street in which a sewer is constructed or a sewer line runs through, or who shall have had sewer capacity assigned to him, shall, within 90 days after the receipt of notice by H.B.S.U., connect the building with the sanitary sewer system; provided, however, that where the building setback line on any building is greater than 300 feet from an existing sewer line or the building cannot be serviced by gravity or no capacity is available, then, in such event, the owner of the building may apply to the Borough for a waiver of the mandatory hookup provisions of this section. The application to the Borough shall provide the following information:

The address, tax lot and block of the property.

The zoning of the property.

The zoning of surrounding properties.

The area of the property for which the waiver is sought, including dimensions such as side yard, rear yard and setback.

The location of the existing waste disposal system.

A report from the Hunterdon County Health Department that the septic system is adequate and functioning satisfactorily.

Connection permits.

No connection shall be made to the Borough's system until a written application is submitted and a permit therefor issued.

Application for connection permits shall be submitted to the Borough accompanied by the appropriate fees.

Connection permits shall be valid and in force for a period of one year from the date of issue unless a written request is submitted to the Borough prior to the expiration date and approved for extension of an additional one-year period.

Waiver. After reviewing the application and upon examination of the Hunterdon County Health Department report by the Borough, the Borough may, if it deems the existing waste disposal system not to be a nuisance or a menace to the public health, issue a waiver of the mandatory hookup provisions of this article. The waiver issued shall be for a period of two years. The applicant, its successors and assigns, shall reapply every two years to the Borough for a new waiver, and each new application shall provide the information herein required. The applicant shall execute the waiver in recordable form, and the waiver shall be recorded at the Hunterdon County Clerk's office at the applicant's expense. Within 60 days of recording, the recorded waiver shall be filed with the Borough.

Connection of new construction. If the capacity is available (see Subsection E below), the owner of any new building occupied after the effective date of this article, which building abuts a sanitary sewer line or a street in which a sewer is now constructed or shall be hereafter constructed, or if such property has a sewer line running through it, shall, before the occupancy of the building, connect the premises with the sanitary sewer line.

Prioritization of sanitary sewer access within existing sanitary sewer service area. The right to use the sanitary sewer capacity of the Borough of High Bridge shall be prioritized as follows:

[Amended 2-28-2013 by Ord. No. 2013-3]

Affordable housing units, within existing sanitary sewer service area, which meet: a) the affordable housing needs of the Borough; and b) the criteria for affordable housing, as set forth in the administrative rules of the Council on Affordable Housing (COAH), will receive first priority for connection into the Borough sanitary sewer system.

Existing homes currently on septic/cesspool, within existing sanitary sewer service area, shall receive second priority for connection into the Borough sanitary sewer system;

Existing buildable lots, within existing sanitary sewer service area, shall receive third priority for connection into the Borough sanitary sewer system.

Developers of business or commercial projects that shall provide the Borough with commercial tax ratables, within existing sanitary sewer service area, shall receive fourth priority for connection into the Borough sanitary sewer system.

All other applicants, within existing sanitary sewer service area, will receive fifth priority for connection into the Borough sanitary sewer system.

Any additional sewer capacity will be held in inventory for the use of the Borough's future needs, all in accordance with the prioritization of access, as set forth above. Permission for sewer access shall only be authorized by consent of Mayor and Council.

For applications regarding subdivisions, as defined in N.J.S.A. 40:55D-5, or site plan approvals, it is the responsibility of the applicant to request, in writing, from the Mayor and Council sufficient sewer capacity to serve the proposed subdivision or site plan. The applicant's request for capacity shall set forth the number of units proposed, lot and block number, the use to which the property will be put and the amount of additional capacity required to be reserved in order to service the project. This section shall apply to all residential, commercial and industrial development within the Borough of High Bridge.

§ 303-7 Charges for sewer service.

Commencement of charges. The charges for sewer service as hereinafter set forth shall commence as the first day of the month following connection or 90 days after such owner has received notice to connect, whichever event first occurs. Upon failure to pay the charges, whether or not connection is made, the owner shall be liable for the penalties and fine provisions hereinafter set forth in this article. The sewer charges shall be made by the Borough and billed to the owners of real property upon which there are improvements, at a sanitary sewer rental or charge as shall be set pursuant to N.J.S.A. 40:14A-8 for each sewer rental unit in the Borough.

Sewer renting units; formulas for metered and nonmetered use.

[Amended 6-13-2013 by Ord. No. 2013-13]

The number of sewer renting units shall be determined in different instances as set forth by the New Jersey Department of Environmental Protection in N.J.A.C. 7:14A-23.3 entitled "Projected Flow Criteria."

Notwithstanding the provisions of N.J.A.C. 7:14-23.3, the standard sewer rental projected flow criteria for all single-family dwellings within the Borough shall be 300 gallons per day.

The projected flow of users of the Borough sewerage system not specified in N.J.A.C. 7:14-23.3 shall be determined as a result of an engineering study by the Borough's engineer, using, as a unit basis, 300 gallons per day or a major fraction hereof.

If the use of the criteria in N.J.A.C. 7:14-23.3 results in fractional units, the number of units shall be increased to the next whole unit. No rate shall be billed on the basis of less than a minimum of one full unit. Any user required to meter their flow by the Borough, either temporarily or permanently, shall install a sewage meter to measure continuously the flow of sewage for the purpose of determining the number of gallons of effluent per day produced by the user. The cost of the installation shall be borne by the owner, who will and shall grant to the Borough, its agents and officers, the right of access to such meter at all reasonable times and the right to inspect all flow records at reasonable times. Sewage meters shall be subject to annual calibration by H.B.S.U., and the cost for calibration and any maintenance upon meters shall be borne by the owner.

Measurement units as included N.J.A.C. 7:14-23.3 shall be based on units as approved by the High Bridge Borough Planning Board, where available, or as established by the H.B.S.U. The approved capacity shall at all times control rather than the temporal use.

The Mayor and Council shall have the right to verify the measurement units used for determination of sewer rental units and shall have the right to modify as necessary sewer rental units as deemed appropriate.

Determination of sewer bill, fixed costs and treatment costs.

Fixed costs are all costs, excluding treatment costs. Each active sewer unit shall be charged a pro-rata share of the fixed costs of operating the Sewer Utility; that is, the sum of all fixed costs will be divided by the number of active sewer units. The number obtained shall be the charge for the fixed costs of a calendar year and will be billed in four quarterly installments.

The treatment rate per 1,000 gallons of water shall be computed by dividing the annual Sewer Utility budget for treatment by the gallons billed by the Town of Clinton. Each active sewer unit shall be assessed a treatment charge based on the gallons of water delivered to such unit as billed.

The computation of sanitary sewer rental charges shall be set by resolution of the Mayor and Council as may be required to meet budgetary requirements. Said rental charges may, from time to time, be revised to meet the financial needs of the Sewer Utility.

For those units having a private water supply, the treatment charge shall be based upon 14,000 gallons of water use per quarter, unless there is recent documentation that the treatment charge shall be based upon a different usage amount.

Billing of the State of New Jersey for Spruce Run Recreation Area and the Voorhees State Park will remain as specified in the agreements between the Borough of High Bridge and the State of New Jersey.

Billing of the North Hunterdon Regional School District will remain as specified in the agreement between the Borough of High Bridge and North Hunterdon Regional School District, with a sewer unit being defined as the average billing of all the active residential units in the Borough.

(7)

(Reserved)[1]

Editor’s Note: Former Subsection C(7), which provided that residents filling a new swimming pool could apply for a deduction from their sewer bill, was repealed 6-13-2019 by Ord. No. 2019-019.

Billing for sewer service.

All charges for service are billed quarterly as follows:

For the first quarter; February.

For the second quarter; May.

For the third quarter; August.

For the fourth quarter; November.

Payment is expected within 25 days from date of billing.

Billings for sewer service shall be rendered in accordance with the billing procedure presently employed by the Borough. Bills remaining unpaid shall accrue interest from the billing date at the maximum rate permitted pursuant to N.J.S.A. 40:14A-21, which at the present time is 8% per year for the first $1,500 and 18% per year over $1,500 of the delinquency or at such greater rate of interest as may hereinafter be permitted by future amendment to the foregoing statute.

Whenever service commences after the first day of any quarterly period, sanitary sewer rentals for the first quarterly period shall be prorated equitably.

Qualifications for rate exemption from payment of annual fixed charges.

[Added 7-15-2006 by Ord. No. 2006-25; amended 6-13-2013 by Ord. No. 2013-13]

In order to qualify for the disabled/senior citizen rental (fixed) rate exemption from payment of an annual sewer rental (fixed) charge, the person must be eligible for the New Jersey real property tax deduction.

Submittal of the annual post tax year income statement to the Tax Collector shall be necessary to maintain eligibility.

The Tax Collector shall notify the utility collector of the block and lot of all persons qualified.

These property owners are still responsible for payment of the sewer treatment charge.

Sewer fees:

[Amended 1-12-2006 by Res. No. 17-2006]

Sewer utility connection fees: the fee per unit is $1,770.

Sewer utility fixed costs fees: the fee per unit is $145 per quarter.

[Amended 10-25-2018 by Res. No. 246-2018]

Sewer utility treatment costs: the rate is $4.42 per thousand gallons of water.[2]

Editor's Note: Resolution No. 246-2018 provided that the treatment rate per 1,000 gallons of water shall be $0.00 for the fourth quarter of 2018.

Basis for sewer charges. Sewer charges are based upon estimated annual operating and capital costs of H.B.S.U. and may be changed from time to time, as the needs generated by such costs may be required.

Occupancy by more than one use; combination of uses; change of use.

Where premises or a building are occupied by more than one commercial or industrial establishment or by a combination of both types of establishments, the charge will be determined by applying the aforesaid rates to each commercial and industrial establishment located therein.

Where premises or a building contains a dwelling unit or units in combination with, or in addition to commercial or industrial establishments, the charge will be determined by applying the aforesaid rates to each dwelling unit and commercial or industrial establishment located therein.

Where premises or a building are changed from single-family to multiple-family use or vice versa, a new application for connection, as outlined in § 303-12 shall be made, and such connection shall be subject to additional fees as outlined in §§ 303-22 and 303-23.

In determining the charges for premises or buildings with more than one dwelling unit or commercial or industrial establishment, the number of active sewer users shall be set by the Utility Collector based on individual units as set forth on the property record cards maintained by the Borough Tax Assessor.

[Added 12-12-2019 by Ord. No. 2019-041]

Reserve capacity.

[Added 6-26-2014 by Ord. No. 2014-17]

In the event that a builder, developer or property owner in the Borough of High Bridge demolishes an existing structure, or any portion thereof, they may reserve the existing sewage capacity for the demolished structure or portion thereof, in the sewer system of the Borough of High Bridge. There shall be payable a minimum fee of $100 per year for each building unit for which capacity is reserved. This reserve fee shall be payable at the rate of $25 per quarter, payable on the same dates that the regular sewer bills are due and owing.

Capacity may only be reserved for a period of five years, at which time, if not used, the reserved capacity will revert to the Borough of High Bridge.

In the event that a builder, developer or property owner in the Borough of High Bridge does not reserve capacity or the capacity reverts to the Borough, the builder, developer, property owner shall petition the Borough for capacity and shall pay all fees and charges as if the property never had a sewer hookup.

Failure to receive bill.

[Added 6-26-2014 by Ord. No. 2014-17]

Property owners are hereby placed on notice that failure to receive a utility bill does not relieve the property owner of any charges or delinquent fees.

§ 303-8 Testing and sampling of commercial and industrial wastes.

Rights of Borough. The Borough reserves the right to sample all commercial and industrial wastes, which are anticipated to have organic loadings, suspended solid loadings and chlorine demand in excess of standards established for the sewered areas by the H.B.S.U. and the Borough of High Bridge.

Surcharge to be added. A surcharge will be added for all industrial or commercial wastes which exceed the aforesaid standards established by the H.B.S.U. and the Borough for the sewered areas.

Schedule of surcharge payment. Industrial wastes subject to surcharges shall pay under the schedule established for the sewered areas by the H.B.S.U. and the Borough of High Bridge.

Additional testing and sampling. In addition to any testing or sampling required under the terms of this section, any applicable federal or state regulations or code or any other applicable law or regulation, the Borough may, in its discretion, require periodic testing or sampling of any user of the Borough's sewerage system if, in the opinion of the Borough, such testing or sampling is necessary in light of the nature or quantity of that user's sewerage discharge, the number or type of employees or occupants of the premises, the nature of the use or operation of the premises or other factors which, in the Borough's opinion, require further analysis or evaluation as to the nature of the effluent being discharged into the Borough's system.

Charges for sampling and testing. Any user whose effluent is tested or sampled pursuant to the terms of this section or applicable regulation, code, permit or law will be charged by the Borough for the sample in accordance with rates to be set by the Borough for the following:

One twenty-four-hour composite BOD.

One twenty-four-hour composite suspended solids.

One twenty-four-hour composite chlorine demand.

Meter installation, removal and chart analysis.

Meter rental, per 24 hours.

§ 303-9 Prohibited discharges into sanitary sewers.

Under no circumstances shall any of the following be discharged into the sanitary sewers of the sewered areas directly or indirectly:

Inflow.

Any toxic substance, such as gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

Any liquid having a temperature higher than 150° F.

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.

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.

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.

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.

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.

§ 303-10 Right of entry for inspections; charges for damage to system.

Inspections. The officers and agents of the Borough or H.B.S.U. shall have unrestricted access at all reasonable hours to all premises served by the Borough's sewerage collection system to inspect the collection system and to see that the requirements of the Borough regarding the use of the customer's sewer connection are being observed. Additionally, any owner of property which discharges industrial waste into the sanitary sewerage system shall, at the owner's expense, provide suitable facilities to enable samples of such waste to be collected for analysis and further permit authorized representatives of the Borough or H.B.S.U. to collect such samples from users within the Borough.

Damage. Any damage to pipe, manholes or any other property of the Borough, H.B.S.U. or the Town of Clinton, caused by carelessness or neglect of a customer, must be paid for by the customer upon presentation of a bill therefore.

§ 303-11 Infiltration inflow; costs to be distributed among users.

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.

§ 303-12 Connection and sewer main extension applications.

Preliminary procedure. The owner of any premises required to be connected to the sanitary sewer system or desiring to construct a sewer extension or to make a change in any existing connection to the sanitary sewer system shall first inquire of the Borough whether capacity is available and, if so, shall make an application, in writing, to the Borough upon the forms provided by the Borough.

Connection expense; application contents.

All connections shall be done at the expense of the property owner.

The application shall provide the following information:

The name of the person who is to make the connection applied for.

The Tax Map lot and block.

The address of the premises.

The purpose of the connection.

Any connections which require an extension of the existing sewer system, or for which a service lateral is not available, must be accompanied by plans and specifications as required by the Borough.

All costs incurred for professional services, including the review and approval of plans as submitted, shall be borne by the applicant.

All permits required by other governmental agencies for any work associated with this connection permit shall be required in addition to all permits required by the Borough.

For sewer extensions to the H.B.S.U. sewer system, or any new sewerage facilities constructed by developers and others. For all developments or properties within the H.B.S.U. sewer service areas the following procedures must be followed:

Application. An application for a sewer main extension shall be accompanied by four sets of plans and specifications prepared and sealed by an engineer licensed by the State of New Jersey.

Timing of submissions. Prior to, or following preliminary Planning Board approval, the developer must submit, in writing, to the H.B.S.U. information concerning the proposed method for providing wastewater service and a request for a determination on the availability of sewer and treatment capacity. Any costs incurred for professional services, including but not limited to any capacity studies required or conducted by the Borough, shall be the responsibility of the applicant.

Upon capacity analysis by the H.B.S.U.

Upon the determination of available capacity and the method of service, the Borough shall prepare an agreement between the Borough and developer reserving a specified capacity for a period not to exceed three years unless otherwise agreed to by the Borough.

Upon the determination that adequate conveyance or treatment capacity is not available, the Borough shall notify the developer that capacity is not currently available and either:

Indicate what off-site improvements are necessary to provide for the servicing of the development; or

That a septic system will need to be designed, approved, and constructed as part of the project until such time that treatment plant capacity becomes available.

All required applications, submissions for approval, construction, and acceptance of sanitary sewer extension projects must be completed in accordance with the current rules and regulations of the Borough of High Bridge.

All construction methods and materials for all sanitary sewer facilities shall be as required by the Borough of High Bridge.

Required signatures and consent. The application for a sewer connection and/or sewer extension shall be signed by the owner of the property or by his/her authorized agent and shall be accompanied by the consent of the applicant to be bound by all provisions of this article along with other applicable rules and regulations of the Borough and New Jersey Department of Environmental Protection.

All development projects for new construction that will be using more than 600 daily units of sewer capacity.

[Added 2-26-2015 by Ord. No. 2015-04]

File an application of request for reserve sewer capacity and pay the appropriate application fee and reserve capacity fee.

Application fee shall be $35 and will cover administrative cost of updating sewer capacity.

A nonrefundable annual sewer reserve capacity fee equal to 20% of the connection fee for the total number of units requested shall be paid to the Borough.

The Borough may, at its discretion, request payment of the annual sewer rental fee for a minimum of 50% of the allotted unit request shall be paid to the Borough.

The Planning Board shall not hear any formal petitions, from the developer unless capacity has been reserved by the developer and paid in full. Informal hearings require the developer to obtain in writing whether there is sufficient sewer capacity for their project prior to the informal hearing.

[Amended 4-9-2015 by Ord. No. 2015-11]

Capacity may be reserved on a year-for-year basis for a total of seven years by paying the reserved capacity fee for each year reserved. With the following milestones being met:

By the close of year three, a site plan shall have been approved by the Planning Board.

By the end of year four, construction permits shall have been filed and all connection fees paid.

By the start of year six, construction shall have started.

The Planning Board may waive the requirement in Subsection F(1) upon proof of a good faith effort by the developer to comply with the Planning Board's requests.

(7)

After the close of the sixth year if construction has not started the reserved capacity shall revert back to the Borough, any reserve capacity fee paid forfeited, and sewer units shall be added back to the calculation for total available sewer.

(8)

Any change in scope of units of the development project shall require an addition or reduction of the reserve fee.

(9)

Each subsequent year for reserve sewer capacity shall be paid by the developer by January 31 each year or the next business day if the 31st falls on a weekend.

(10)

Failure to reserve sewer capacity or pay the annual fee after filing the required application shall result in the reserved capacity being forfeited and the applicant to file a new application.

(11)

The reserve capacity fee shall be credited to the developer's connection fee for each unit authorized upon connection permit being filed.

(12)

Developer is hereby put on notice that the developer is responsible for the timely remittance of reserve capacity fee, there will be no billing by the Borough of High Bridge.

§ 303-13 Construction standards.

Installation of service laterals.

A service lateral shall be connected to a collection sewer with an approved saddle-type fitting properly installed and encased in an eight-inch envelope of concrete extending around the barrel of the collection sewer pipe.

All service laterals installed after the initial construction period shall be installed by the Borough or the owner at the expense of the owner of the connection unit served by the lateral, at the direction of the Borough. The service lateral shall conform to the Borough's specifications and the following requirements:

All joints shall be sealed and made airtight and shall be smooth and clean inside, with all sewers in proper alignment and of proper grade to provide free flow of sewage matter without any obstructions, and shall be made in accordance with the Borough's specifications for its sanitary sewers and shall be subject to the right of inspection hereby reserved by the Borough.

Service laterals and building sewers for the same connection shall be of the same size and material throughout and shall in no case be less than four inches in diameter.

Connections to service lateral and house drain. Connections to service laterals, if of the same pipe size, shall be made by properly joining to the bell end of the service lateral provided. If cast-iron pipe four inches in diameter is used, the connection shall be made with a standard adapting fitting of cast iron. This shall apply also to the connection of the house drain to the building sewer pipe. Projecting a smaller pipe into the larger and sealing shall not be permitted.

Pumping and backfilling of prior facilities. Within 30 days following the abandonment of all septic tanks, cesspools and seepage pits for the treatment of sanitary sewage, these facilities shall be pumped out and filled with sand, crushed stone, gravel or shale to prevent the pits from caving in or from in any way becoming a health or safety hazard. Septic tanks, cesspools and seepage pits with concrete lids four inches thick may be used for the disposal of stormwater from roof drains, etc., without backfilling being necessary. The owner shall submit evidence of pumping and backfilling to the High Bridge Borough Board of Health.

Size of building sewers. Building sewers shall be no less than four inches in diameter.

Types of pipe for construction; jointing materials.

All service laterals and building sewers shall be constructed of one of the following types of pipe, subject to this section:

Medium-weight cast-iron soil pipe at least four inches in internal diameter conforming to ASTM Designation A-74-42.

Polyvinyl chloride (PVC) pipe shall meet all the standards of ASTM Specification D-3034 with an SDR of 35 and shall be installed in accordance with ASTM Specification D-2321.

Jointing materials for the various types of pipe shall be as follows:

Cast-iron pipe shall have leaded joints properly caulked or an approved rubber joint.

Polyvinyl chloride (PVC) shall have push-on joints in accordance with ASTM Specification D-3212.

Bearing to be uniform; jointing specifications. Uniform bearing shall be provided along the entire length of a building sewer; and all joints of a building sewer shall be watertight and root proof. No cement mortar joints shall be used.

Connection to existing house sewer line. Where an improved property, at the time of securing a permit under § 303-12 to connect to a sewer, is served by its own sewage disposal system or device, the existing house sewer line shall be broken on the building side of the sewage disposal system or device, and attachment shall be made with proper fittings to continue the house sewer line as a building sewer, undiminished in inside diameter, but not less than four inches, to the service lateral.

Joint occupancy of trench. A building sewer to serve one improved property may occupy the same trench as a building sewer to serve the next adjoining improved property, provided that the common trench is on or immediately adjacent to the common property line and such joint occupancy is by mutual agreement of the owners concerned pursuant to a recorded sanitary sewer casement.

Responsibilities of persons constructing or owners; notice and approval of changes.

It shall be the duty of every person constructing or owning any building sewer, house drain, soil pipe, waste pipe, vent pipe, plumbing fixtures or any other passage or connection between a sewer and any grounds, building, structure or place of business, and in like manner it shall be the duty of the owners of all grounds, buildings, structures and all parties interested therein, to cause and require that such building sewer, house drain, soil pipe, waste pipe, vent pipe, plumbing fixtures and every other passage or connection is adequate for its purpose and at all times allows free passage of all material that enters or should enter the same.

No change of drainage, sewage or the building sewer of any building shall be permitted unless notice thereof is given to the Borough's authorized agent or to the Engineer and assent of the Borough thereto obtained in writing.

Fittings. Fittings in a building sewer shall conform to the type of pipe used in construction.

Changes in direction. Changes in direction in a building sewer shall be made by use of Y-branches or of 1/8 or 1/16 bends. Caulking of lead joints or alignment of self-sealing joints to angles of less than 1/16 bend equivalent only shall be permitted.

Obstruction of flow. Fittings or connections in a building sewer, which have an enlargement, chamber or recess with a ledge, shoulder or reduction of pipe area that offers any obstruction to flow, shall not be allowed.

Joints in cast-iron pipe. Joints in cast-iron soil pipe in a building sewer shall be packed with oakum in the bell and spigot terminations and thereafter shall be filled with molten lead to a depth of at least one inch and shall not be depressed more than 1/8 inch below the rim of the hub. Then the lead shall be caulked in place. No paint, varnish or other coating shall be permitted on the jointing material until after the building sewer has been tested and approved as provided in this subsection. Rubber ring joints of approved design may also be used.

Floor drains. Floor drains shall not be connected to a building sewer.

Cleanouts.

A cleanout shall be provided inside the building for rodding the building sewer. If it is physically impossible to locate the cleanout just inside the building, it shall be permissible to locate the cleanout just outside the building wall, with the riser brought to the ground surface.

Cleanouts shall be provided on each building sewer at intervals to permit complete rodding with a seventy-five-foot long auger or tape. Cleanouts shall be constructed by using a Y-fitting in the rim of the pipe with a bend of 45° and riser to the ground surface. The riser pipe shall be provided with a standard four-inch screw-type ferrule.

A Y-fitting with a cap clamped in place may be provided for all building sewers at the curbline point of connection or at any location within the sidewalk area if desired.

Connections will be made only at the bottom of the Y-fitting of the cleanout. Under no circumstances shall the individual installing the service line tie into any other point of the cleanout.

Special conditions. Wherever, in the opinion of the Borough Plumbing Subcode Official or the Borough's authorized agent, the trenching conditions require either a specific type of pipe, jointing material or encasement in concrete, the materials it may direct shall be installed to protect the property owner or the Borough for special conditions as follows:

Where the trench is over 12 feet deep, extra-strength V.C. pipe, Class 30300 A.C. pipe, extra-heavy cast-iron pipe or SDR 35 polyvinyl chloride (PVC) pipe shall be used.

Where the trench is less than four feet deep in a traveled roadway, special bedding consisting of crushed stone or concrete cradle, as directed by the Engineer or the Borough's authorized agent, shall be used.

Service laterals and building sewers for all service stations, garages or other establishments storing, using or dispensing gasoline, kerosene, benzene or similar solvents shall be constructed of cast-iron pipe with leaded joints. Rubber ring joints shall not be permitted. An oil separator is required in such cases in accordance with the National Plumbing Code.

Where lines are laid in fill, extra-heavy cast-iron soil pipe with lead joints shall be used.

Where foundation conditions are poor due to groundwater or subsurface materials, a bedding of quarry-blend crushed stone at least six inches in depth shall be used.

Where rock is encountered, it shall be excavated to a depth of six inches below the bottom of the pipe and the trench refilled to the grade line with sand or crushed stone.

Slope and grade. The slope or grade of a building sewer when the inside diameter is four inches or more shall be no less than 1/4 inch per foot of length and shall be downward in the direction of flow, provided that, when asbestos cement sewer pipe is used, the slope may be reduced but shall be not less than 1/8 inch per foot of length.

Testing and approval.

No building sewer shall be covered until it has been inspected, tested and approved as provided in this subsection. If any part of a building sewer is covered before so being inspected, tested and accepted, it shall be uncovered for inspection and testing at the cost and expense of the owner of the improved property to be connected to a sewer.

When found necessary for the Borough's authorized agent or the Borough Plumbing Subcode Official, the building sewer shall be tested by filling the same completely with water so that every section is tested with not less than a ten-foot head of water. Water shall be kept in the building sewer for 15 minutes before inspection starts, and no leakage shall be observable at the time of the inspection.

Upon inspection and approval of a building sewer by the Borough, a certificate of approval shall be issued to the owner of the improved property to be connected to a sewer.

The Borough's authorized agent or Borough Plumbing Subcode Official shall observe all required testing of a building sewer. All equipment and material required for testing shall be furnished by the owner of the improved property to be connected to a sewer. If the Borough does not approve a building sewer, a further test or tests shall be made following completion of necessary corrections.

Whenever the Borough has reason to believe any building sewer has become defective, such building sewer shall be subject to test and inspection. Defects found upon test and inspection shall be corrected as required at the cost and expense of the owner of the improved property served through the building sewer.

Maintenance of building sewer. The owner of the improved property shall maintain every building sewer of any improved property in a sanitary and safe operating condition.

Excavations; restoration of public property.

Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury.

Restoration.

Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored in a manner satisfactory to the Borough at the cost and expense of the owner of the improved property being connected.

Wherever the surface of any public street, sidewalk or cartway is disturbed by the construction of a service lateral or building sewer, the surfacing material shall be restored and maintained to the satisfaction of the Borough. Any and all construction in a public street of the Borough or county shall be in compliance with the ordinances of the Borough or county, and any and all construction in a state highway shall be in compliance with the requirements and specifications of the New Jersey Department of Transportation, and all necessary permits shall be obtained from the Borough and other appropriate agencies before construction is commenced, including the permit required for opening or disturbing the surface of a street, right-of-way or driveway.

Supervision and inspection of construction. The construction of building sewers shall at all times be subject to supervision and inspection by the Borough's authorized agent or the Plumbing Subcode Official and shall conform to the National Plumbing Code. The building sewer shall not be covered until permitted by the Plumbing Subcode Official or the Borough's authorized agent.

Connections to sewers on private property. Connections to sewers where the same are run through private property shall in all respects be governed by these rates, rules and regulations.

Drainage restricted. No roof drainage, cellar drainage, surface water, swimming pool drainage or backwash water, waste from hydrants or groundwater from underground drainage fields shall be admitted or be permitted to drain into the sewer system. The sewer system shall convey sanitary sewage and industrial wastes only.

Right of Borough to close or disconnect. The Borough shall have the right to close or disconnect from the sewer system any building sewer used for carrying rain, cellar drainage, surface water, groundwater or objectionable matter, or whenever any violations of these rules and regulations are committed.

Nonliability of Borough and Town.

The Borough or Town of Clinton shall not be liable for any damage or expense resulting from leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any house or buildings, and it is expressly stipulated by and among the Borough/Town of Clinton and the owner that no claim shall be made against the Borough/Town of Clinton on account of the breaking or stoppage of or any damage or expense to any service lateral or house connection when the cause thereof is found to be in the lateral or house connection.

The Borough/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 reserves the right to restrict the use of sewer service whenever the public welfare requires it. In consideration of the right to connect to the sewer system, the Borough/Town of Clinton shall not be liable for any damage or expense resulting from leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any building, and it is hereby expressly agreed by all persons making connection to the sewer system that no claim shall be made against the Borough/Town of Clinton on account of the breaking or stoppage of or any damage or expense to any service lateral or building sewer where the cause thereof is found to be in such service lateral or building sewer.

Failure to remedy unsatisfactory condition. If any person fails or refuses, upon receipt of a notice, in writing, from the Borough, to remedy any unsatisfactory condition with respect to a building sewer within 60 days of receipt of notice, the Borough may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sanitary sewer system until the unsatisfactory condition is remedied.

AA.

Right to refuse connection; discontinuance of use; pretreatment. The Borough reserves the right to refuse to any person the privilege of connection of any improved property to a sewer or to compel discontinuance of use of a sewer by any person or to compel the pretreatment of industrial wastes in order to prevent discharge into the sanitary sewer system of wastes which may be deemed by the Borough/Town of Clinton to be harmful to the sanitary sewer system or to have a deleterious effect on sewage treatment process.

BB.

Standards for connection to sewer lateral. All connections to a sewer lateral shall be made in a careful and workmanlike manner in accordance with the provisions of this article and the National Plumbing Code. Except as herein provided, the National Plumbing Code shall in all cases prevail, and application for a plumbing permit to install the building sewer shall be made through the Borough Plumbing Subcode Official.

CC.

Grease traps and other appliances; curb vents and cleanouts.

Grease traps or other appliances necessary to properly protect the sewer system from stoppage shall be installed by the owner or the occupant of a property at its or their expense when required by this article or the National Plumbing Code. Upon failure or neglect of any such owner or occupant to comply, in addition to the penalty hereinafter provided for in this article, the permit to connect the property to the sewer system may be revoked by the Borough.

Curb vents or cleanout plugs at the curb shall be maintained at the expense of the owner or occupant of the premises.

§ 303-14 Industrial and prohibited wastes.

Admission of industrial waste into system.

Approval required for industrial wastes. The discharge into the sanitary sewer system of industrial wastes having any of the following characteristics, based upon daily averages, shall be subject to prior review and approval of the Borough:

A five-day BOD greater than 250 milligrams per liter.

A suspended solids content greater than 300 milligrams per liter.

A chlorine demand greater than five milligrams per liter.

An average daily flow greater than 10% of the average daily sewage flow of the sanitary sewer system.

(e)

Any quantity of substances possessing characteristics described below.

Preliminary treatment and handling of industrial wastes.

Whenever necessary, in the opinion of the Borough, the owner of improved property shall provide, at his/her expense, such facilities for the preliminary treatment and handling of industrial wastes as may be necessary to:

Reduce BOD to 250 milligrams per liter and suspended solids to 300 milligrams per liter by weight.

Reduce objectionable characteristics or constituents to come within the maximum limits permitted.

[3]

Control the quantities and rates of discharge over a twenty-four-hour day and a seven-day week.

Plans, specifications and any other pertinent information relating to proposed facilities for the preliminary treatment and handling of industrial wastes shall be submitted for approval of the Borough, and no construction of any such facility shall be commenced until approval is obtained, in writing, from the Borough and from any governmental regulatory body having jurisdiction.

Whenever facilities for the preliminary treatment and handling of industrial wastes have been provided by the owner of improved property, these facilities shall be maintained continuously in satisfactory operating condition at the expense of the owner, and the Borough shall have access to the facilities at reasonable times for inspection and testing.

Prohibited wastes.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial or unpolluted commercial process water into any sewer.

Except as otherwise provided in these rules and regulations, no person shall discharge or cause to be discharged any of the following described wastes or waters into the sanitary sewer system:

Any liquid or vapor having a temperature higher than 150° F.

Any water or waste containing more than 100 milligrams per liter by weight of fats, oils or greases.

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas which, by reason of its nature or quality, may cause fire or explosion or which in any other way may be injurious to persons, to the sanitary sewer system or to the sewage treatment plant.

Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into any sewer or the sewage treatment plant for maintenance and repair.

(e)

Any garbage, except properly shredded or ground garbage.

(f)

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, bones, feathers, tar, plastic, wood, paunch manure, butcher's offal or any other solid viscous substance which is capable of causing obstruction to the flow in any sewer or other interference with the proper operation of the sanitary sewer system or the sewage treatment plant.

(g)

Any water or waste having a pH lower than 6.0 or higher than 9.0 or having any corrosive property capable of causing damage or hazard to structures or equipment of the sanitary sewer system or the sewage treatment plant or to personnel engaged in their operation and maintenance.

(h)

Any water or waste containing any toxic substance in a quantity sufficient to constitute a hazard to humans or animals or to interfere with the biochemical process of the sewage treatment plant, in such condition that it will exceed state, federal or other validly existing requirements for the receiving stream.

(i)

Any water or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such water or waste at the sewage treatment plant.

(j)

Any radioactive isotopes, except by special permission by the Borough.

(k)

Any drainage from building construction.

(l)

Gas stations and garages shall be required to provide oil interceptors of the types Series GA, GX, GNC and GRC of Josam Manufacturing Company, Michigan City, Indiana, or their equivalent, in the proper location where the dangerous liquids are to be intercepted.

Restaurants or other commercial establishments, as directed, are required to provide grease interceptors of the Type Series J of the Josam Manufacturing Company, or their equivalent.

Nothing contained in this section shall be construed as prohibiting any special agreement or arrangement between the Borough and any person whereby industrial wastes of unusual strength or character may be admitted into the sewer system by the Borough, either before or after preliminary treatment.

Discharge of industrial wastes.

Required survey data. Any person desiring to make a connection to the sanitary sewer system through which industrial wastes are to be discharged shall be with the Borough an industrial wastes questionnaire supplying pertinent data, including the estimated quantity of flow to be discharged into the sewer system. Review and approval, in writing, must be given by H.B.S.U. prior to discharge.

Control manholes.

When required by the Borough, any person who discharges industrial wastes into the sanitary sewer system shall construct and properly maintain at his/her own expense a suitable control manhole to facilitate observation, measurement and sampling by the Borough.

When required by the Borough, any such control manhole shall be constructed at an accessible, safe, suitable and satisfactory location in accordance with the plans approved by the Borough prior to the commencement of construction.

Sewage sampling. Industrial wastes being discharged into the sewer system shall be subject to periodic sampling, inspection and determination of character and concentration. Sampling, inspection and determination shall be made by the Borough as frequently as may be deemed necessary. Representative samples for a full working day shall be obtained by taking hourly samples and compositing them in accordance with the flow at the time of sampling. Sewage sampling facilities shall be accessible to the H.B.S.U. at all times. Due care shall be exercised in the collection and preservation of all samples to ensure preservation in as nearly the natural state as possible, including refrigeration of all samples which are intended for analysis by biochemical methods.

Analysis.

The Borough shall be responsible for the analysis of samples of industrial wastes.

Laboratory methods used in the analysis of samples of industrial wastes shall be those set forth in the latest edition of Standard Methods for the Examination of Water and Sewage, as published by the American Public Health Association, provided that alternate methods for the analysis of industrial wastes may be used subject to mutual agreement between the Borough and the person discharging the industrial wastes into the sanitary sewer system.

Changes in type of wastes. Any owner of an improved property who is discharging industrial wastes into the sanitary sewer system and who contemplates a change which will alter the type of these industrial wastes shall notify the Borough, in writing, at least 10 days prior to consummation of the change.

Slugs and equalized discharge. No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge into the public sewers in excess of 40,000 gallons in any one day shall construct and maintain at his/her own expense a suitable flow-control facility to ensure equalization of discharge over a twenty-four-hour period. This facility shall have a capacity of at least 50% of the total normal volume of a twenty-four-hour production period, and the outlet to the sewer shall be equipped with a rate discharge controller or other approved device, the regulation of which shall be directed by the Borough.

Computation of surcharge. The surcharge per owner of an improved property shall be determined as follows:

The surcharge for treating wastes with constituents in excess of normal shall be computed as follows:

BOD. The daily excess of BOD charge equals (milligrams per liter of BOD minus 250) times 8.345 times the flow in millions of gallons per day times the BOD surcharge rate.

Suspended solids. The daily excess of suspended solids charge equals (milligrams per liter of suspended solids minus 300) times 8.345 times the flow in millions of gallons per day times the suspended solids surcharge rate.

Chlorine demand. The daily chlorine demand charge equals (milligrams per liter of chlorine demand minus five) times 8.345 times the flow in millions of gallons per day times the chlorine demand surcharge rate.

Any computation yielding a negative value shall be ignored. The charge for the billing period shall be computed by adding together the daily surcharges and then multiplying this total by the number of days in the billing period.

Rates of surcharges. The daily rates of surcharge for each of the previously described constituents shall be set by H.B.S.U. for the following:

Biochemical oxygen demand (BOD).

Suspended solids.

Chlorine demand.

Revision of rates. The rates of surcharge shall be reviewed from time to time and at least annually by the Borough in order to determine whether or not they are sufficient to defray the fixed charges, amortization costs and annual cost of operation as determined from the sewage treatment plant records. If the difference between the revenue derived from the rates of surcharge and the total annual cost is sufficient to justify an increase or decrease in the rates, the Borough shall make the appropriate change.

§ 303-15 Access.

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.

§ 303-16 Amendment; adoption of additional rules and regulations.

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.

§ 303-17 Variances.

No officer or employee of the Borough or Borough shall vary these rules without action by the Mayor and Council.

§ 303-18 Control of service.

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.

§ 303-19 Billing requirements.

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.

§ 303-20 Hookup fee.

There is hereby imposed upon the owner of each flat rate sewer rental unit a hookup fee, which shall be set by the High Bridge Mayor and Council, and recalculated at the end of each budget year, pursuant to N.J.S.A. 40:26A-11.[1] The revised fee shall be imposed upon those who subsequently connect to the system in the next budget year. This hookup or connection fee shall apply for each apartment, home, condominium or rental facility unit within the Borough.

Editor's Note: N.J.S.A. 40:26A-11 was repealed by L. 1989, c. 58, § 1.

This hookup fee shall be due and payable to the Borough, prior to obtaining a connection permit, by those owners who are required to connect to a sewer or shall be due and payable 30 days after written notice by the Borough to the owner has been given requiring the owner to connect, whichever date is earlier. If the hookup fee is not paid when due, said payment shall be considered delinquent and subject to interest at the prevailing rate fixed by the statute from the date due until paid in full.

Determination of the hookup fee shall be made by Mayor and Council.

There shall be a one-time GIS fee of $10.

§ 303-21 Service laterals; notice of completion of system.

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.

§ 303-22 Industrial waste charges and rentals.

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.

§ 303-23 Unpaid changes and rentals to become liens.

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.

§ 303-24 Violations and penalties.

This article shall be enforced by any police officers, members of the Public Works Department, health authorities and other municipal officials of the Borough of High Bridge. In addition thereto, any private citizen or property owner shall have the right to initiate a complaint as provided by law.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person who violates the provisions of this article shall be subject to a fine not to exceed $1,000 or imprisonment in the county jail not to exceed 90 days, or both, at the discretion of the Municipal Judge of the North Hunterdon County Municipal Court. Every day of violation shall be considered a separate offense.

Article II Septic Systems

[Adopted 2-9-2006 as Ch. 200, Art. II, of the 2006 Code of the Borough of High Bridge]

§ 303-25 Adoption of standards by reference.

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.

§ 303-26 Title.

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.).

§ 303-27 Copies on file.

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.

§ 303-28 Permit required.

No person shall locate, construct or alter or repair any individual sewage disposal system until a permit for the location, construction, alteration or repair of that sewage disposal system shall has been issued by the administrative authority as defined in N.J.A.C. 7:9A-2.1.

The administrative authority shall not issue an approval, permit, certification or license for the installation, construction, alteration or operation of an individual sewage disposal system where such installation, construction, alteration, or operation will violate or otherwise not be in compliance with the requirements of N.J.S.A. 7:9A-1.1 et seq., this section and all other applicable laws, regulations and ordinances.

§ 303-29 Certificate of compliance.

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.

§ 303-30 License required to clean septic tanks.

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.

§ 303-31 Issuance of permit; additional requirements.

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.

§ 303-32 Compliance with state regulations.

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.

§ 303-33 Certificate of compliance required.

[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.

§ 303-34 Duration of permit.

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.

§ 303-35 Operating reports required.

Quarterly operating reports will be required to be submitted to the Borough Board of Health by the owner of any professional or general office building, commercial use building, shopping center building, factory or manufacturing building utilizing a septic disposal system. Reports for gravity flow systems will be required on an annual basis. Included in these reports will be:

Flows into septic systems utilized by commercial buildings measured by a calibrated meter or meters measuring the total water supply to the building, unless the Board of Health has granted a prior special exception. Where flows into any septic system, for which a permit has been issued after the adoption of this article, exceeds 2,000 gallons per day for more than 15 days in each of two consecutive months, the Board shall require the owner to secure a state NJPDES permit for continued and/or additional occupancies at the site.

Any repairs or alterations to the system during the report period.

Any inspections made of the system during the report period.

Any malfunctions noticed or occurring during the report period, including inoperative or malfunctioning flow meters.

Any sludge removal from the septic tank during the report period.

Any change in building occupancy or operations that may affect the flow or characteristic or wastewater discharged to the system.

Any buildings with septic systems installed prior to the adoption of this article which were required to provide monthly reports, prior to the adoption of this article, shall continue to provide the reports as previously required.

§ 303-36 Amendment to standards adopted by reference.

Deletions. Section 7:9A-1.6(a) and (b), 7:9A-5.2(b) and (d) and 7:9A-5.8(b)(2) are hereby deleted from said code.

Amendments. The Standards for Individual Subsurface Sewage Disposal Systems are superseded by the following:

Section 7:9A-4.3, Table 4.3, of the standards shall be supplemented and amended as follows:

The distance from a watercourse to a disposal field is amended from 50 feet to 100 feet, and the distance from a disposal field to a property line is amended from 10 feet to 20 feet.

Where an applicant can show that by reason of the strict application of this subsection (which is more restrictive than the state minimum standard) because of 1) exceptional narrowness, shallowness or shape of a specific property; or 2) exceptional topographic conditions or physical features uniquely affecting a piece of property; or 3) an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon would result in peculiar, exceptional, practical difficulties to or exceptional and undue hardship upon the owner of such property, the applicant may request that the Borough Council grant a waiver of this subsection if 1) the applicant can prove to the Borough Council that he/she meets one of the circumstances listed above; and 2) the applicant produces evidence to the Borough Council that he/she has taken sufficient steps to mitigate any harm that such deviation from the Borough's standards would impose on the environment and the public's health, safety and welfare. Upon a hearing on the application for a waiver and the recommendation from the Borough Engineer, the Borough will have the authority to waive the requirement of this subsection by resolution.

[Amended 8-12-2021 by Ord. No. 2021-037]

Section 7:9A-4.4, Slope is amended to add Subsection (d) as follows: Notwithstanding the above, constructions of any component of a subsurface sewage disposal system must meet the steep slope development requirements contained in Section 312 of the Land Use and Development Ordinance, Chapter 145 of this Code.

Section 7:9A-5.2 of the standards is amended as follows: The identification numbers of test holes shall coincide with those on the field record of the Borough Engineers witness. Acceptable percolation tests shall be marked on site with numbered stakes. The soil log location shall be marked with a metal fence post extending at least 2.5 feet above ground.

(e)

Section 7:9A-6.2(c) of the standards is amended as follows: When the tube permeameter test or the soil permeability class rating test is used, a minimum of four replicate samples shall be taken, two of which shall be given to the Borough Engineer or its authorized agent for independent testing. All samples taken shall be tested in accordance with the procedures outlined in this Sections 7:9A-6.2, 14(d) and 7:9A-6.3(a) through (h).

(f)

Section 7:9A-6.5(c) 3 of the standards are amended as follows: Backhoe bucket may not be used to bail water. Bucket can be used to lift a bailing container in and out of test pit.

(g)

Section 7:9A-10.1 is amended to add subsection as follows: No permit for the location and construction of a new sewage/septic disposal system shall be issued unless the applicant shall have obtained a minimum of two acceptable soil profile pits and one acceptable permeability test in the primary area and a minimum of two acceptable soil profile pits and one acceptable permeability test in the reserve or replacement disposal area. The requirement for a reserve area shall not apply to repairs, alterations or replacements of existing systems.

For subdivision purposes, all proposed subdivided lots, including lands remaining that do not have a satisfactory operating septic system, shall have the required tests completed for both the primary and reserve areas, and the test locations shall be indicated on the preliminary plat, except where the lot(s) in question are deed restricted to prevent development.

There shall be a minimum of 30 feet between fields for the primary area and replacement area. The location and spacing of tests for the primary and reserve areas shall conform to the requirements of N.J.A.C. 7-9A-5.2 as herein revised. The applicant shall designate on the site plan which soil tests and/or soil profile pits are to be used for the primary area and which percolations tests and/or soil profile pits are to be used for the expansion or replacement area.

[3]

The area of the reserve or replacement area shall be equivalent to 100% of the proposed primary disposal area, shall meet all the requirements applicable to the primary disposal area and shall be outlined on the site plan by a heavy dashed line marked "Reserved for Disposal Area Expansion or Replacement." No improvements or structures shall be installed or located within or adjacent to this reserved area, which may adversely affect its future use as a disposal area.

[4]

The failure to provide a suitable and adequate reserve and replacement area shall constitute sufficient grounds for rejection of the application.

[5]

No lot of less than one acre may be created by subdivision or resubdivision in any zone unless all the lots resulting from the subdivision or resubdivision are serviced by public water and sewer. (Section 301 of the Borough Land Use Ordinance, Chapter 145 of this Code.)

§ 303-37 Backup system requirements.

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.

§ 303-38 Deed restrictions.

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.

§ 303-39 (Reserved) [1]