Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Edgewater, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
AS-BUILT PLAN
A plan prepared by the Borough Engineer showing existing house sewer laterals.
BERGEN COUNTY UTILITIES AUTHORITY
The district sewer system into which the Borough sewer system connects and discharges.
BOARD OF HEALTH
The Board of Health of the Borough of Edgewater.
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BUILDING CONNECTION
That part of the sewage system beginning five feet outside the inner face of the building wall that receives the discharge from the building drain and conveys it to the building sewer lateral.
BUILDING DRAIN
The lowest horizontal piping of a drainage system within a building which receives the discharge from soil and waste pipes and conveys it to the building connection.
BUILDING SEWER LATERAL
That part of the sewage system that runs from the sewer main to the curbline and includes all necessary fittings.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTE
The liquid waste from industrial processes, as distinct from sanitary sewage.
MAIN SEWER or PUBLIC SEWER
The sewers laid longitudinally along the center line or other part of the street or other right-of-way in which all owners of abutting properties have equal rights and which is controlled by the Borough.
MUNICIPAL SEWER SYSTEM
The Edgewater sewer system and all appurtenances thereto.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
pH
The logarithm to the base 10 of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING
The practice of installing, maintaining, extending, repairing and altering plumbing systems. It is also the installed plumbing system piping, materials, plumbing fixtures and appurtenances of such systems in connection with the following: sanitary drainage or storm drainage facilities together with their venting systems, a public or private water supply system and fire protection systems within or adjacent to any building, structure or conveyance.
PLUMBING INSPECTOR
A person licensed and authorized to inspect plumbing pursuant to the provisions of State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
PLUMBING SYSTEM
The sanitary and storm drainage facilities, together with their venting systems and plumbing fixtures, a public or private water supply system and the fire protection systems within or adjacent to any building, structure or conveyance to a point of connection to a public or private sewage system, public or private water supply or other acceptable terminal.
PUBLIC SEWER
The same as "main sewer."
SANITARY SEWAGE
That domestic sewage, with stormwater and surface water excluded, such as sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels, office and commercial buildings, factories and institutions).
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not admitted.
SEWAGE
Any liquid waste containing animal, chemical or vegetable matter in suspension or solution.
SEWAGE TREATMENT PLANT
Any arrangement or devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER INSPECTOR
The Sewer Inspector of the Borough or his authorized deputy, agent or representative.
SLUDGE
Any solid waste remaining after the partial or preliminary treatment of domestic or industrial waste.
SLUG
Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater or surface water and drainage, but excludes sewage and polluted industrial waste.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WASTEWATER
Sewage or spent water, and includes liquid and water-carried wastes from residences and commercial and industrial establishments and other buildings, but shall not include stormwater or surface water.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect, carry away and treat wastewater and dispose of effluent.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, industrial wastes and sludge.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
A. 
The owner of any property upon which there is erected a house, building or other structure used for human occupancy, employment, recreation or other purpose situated within the Borough and abutting on any street, alley or right-of-way or located in the rear of other properties so abutting and having access to such street, alley or right-of-way, in which street, alley or right-of-way there is now located or may in the future be located a public or sanitary sewage system of the Borough, is hereby required at his own expense to:
(1) 
Install suitable toilet facilities therein; and
(2) 
Connect such facilities and all sanitary sewage facilities in such house, building or structure directly with the proper public sewer in accordance with the provisions of this chapter and of the requirements of the Board of Health.
B. 
Such toilet facilities shall be installed and connection shall be made with the public sewer as described in Subsection A hereof within 180 days after the date of official notice requiring such action.
C. 
All costs and expenses incident to the installation of the house connection shall be borne by the owner. The owner shall indemnify the Borough for any loss or damage that may directly or indirectly be occasioned by the installation of the house connection.
A. 
Application and installation.
(1) 
Before any portion of the building drain outside of the building is connected to the building connection, the owner shall prove to the satisfaction of the Plumbing Inspector that it is clean and conforms in every respect to the Uniform Construction Code, and before any portion of the building connection is connected to the building sewer lateral, the Plumbing Inspector shall be satisfied that the building connection is in good order and conforms in every respect to the Uniform Construction Code.
(2) 
No person shall install a building sewer or connect a building sewer without first obtaining a permit therefor from the Director of Public Works and paying the required fee for such permit.
(3) 
Application for such permits shall be made to the Director of Public Works on an application form prescribed and supplied by the Borough, which application shall be accompanied by such plans and specifications and other information as the Borough Engineer and/or the Director of Public Works shall require in order to determine that the building sewer and the proposed connection to the public sewer shall comply with all provisions of this chapter.
B. 
Sewer lateral permit.
(1) 
Where there is no building sewer lateral available, the property owner shall, prior to the issuance of a building permit, apply to the Borough Clerk for a sewer lateral permit and a street opening permit, if necessary, on a form provided by the Borough Clerk, for installation from the sewer main to the curb or from the curb to the building. The fee charged for a license or permit issued pursuant to the provisions of this chapter shall be as follows:
Type of License or Permit
Permit Fee
Bond for Inspection
For a connection to the public sewer, residential or commercial property
$250 per ERU
$250 per ERU
For a connection to the public sewer, industrial property
$300 per ERU
$250 per ERU
For a disconnection from the public sewer
$100 per ERU
$150 per ERU
For a connection to stormwater facilities
$300 per ERU
$250 per ERU
The permit fee and bond for inspection shall be based on the equivalent residential unit (ERU) calculations defined in Article III of this chapter.
The charge for the street opening permit, if required, shall be assessed separately and require an additional connection and inspection fee as required by the Code of the Borough of Edgewater.
(2) 
All construction work shall be performed in accordance with all applicable safety codes. Applicable safety codes shall include the latest edition, including any and all amendments, revisions and additions hereto, of the Federal Department of Labor, Occupational Safety, and Health Administration's "Occupational Safety and Health Standards" (OSHA), and applicable safety, health regulations and building codes for construction in the State of New Jersey. For all building connection, the trenches shall be excavated in a careful manner and properly sheathed where required. The excavated materials shall be piled in a compact heap, so placed as to cause the least possible inconvenience to the public. Proper barricades and lights must be maintained around the trench to guard against accidents. Extreme care shall be taken to prevent any dirt, stones or other undesirable material from entering the public sewer system through the building sewer lateral during these operations.
(3) 
In backfilling, the material for the two feet immediately over the pipe shall be selected so it contains no stones. All backfill material for the trench shall be placed by tamping in eight-inch layers so as to avoid any settlement. When the trench has been filled to the proper height, the surface material shall be replaced and heavily tamped and rolled.
(4) 
Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six inches below the grade line of the sewer and the trench brought to the proper elevation with gravel or other material satisfactory to the Plumbing Inspector. The remainder of the trench must be backfilled with suitable material.
(5) 
Nothing in this subsection shall be construed as abrogating any of the existing requirements of the Borough relating to the excavation and backfilling of trenches, but the requirements herein contained shall be in addition thereto.
(6) 
Where subsoil conditions are bad, such special precaution must be taken to secure a watertight job as may be directed by the Plumbing Inspector.
C. 
Where connection is made between the building drain outside of the building and the building connection, a long radius bend shall be appropriately installed at this connection along with a cleanout as required by the Uniform Construction Code. This connection shall be subject to the approval of the Plumbing Inspector, who shall be given ample notice prior to such work.
D. 
The Plumbing Inspector may apply any appropriate test as defined in the Uniform Construction Code to the plumbing, and the plumber and contractor, at his own expense, shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or repair any defective materials when so ordered by the Inspector.
E. 
Each contractor or other person performing work on private property for the purpose of connecting from the curb or street line onto private property shall be governed by the terms of the ordinances of the Borough, the Uniform Construction Code and of the Board of Health.
F. 
All applicants for a permit shall pay a fee for review and inspection to be made by the Borough Engineer or Director of Public Works as follows:
(1) 
The fee for inspection shall be based on the number of hours spent by the Borough Engineer, Director of Public Works or their representatives in reviewing the plans and specifications and in inspecting the work covered by the permit, computed at the rate of $50 per hour.
(2) 
Prior to issuance of a permit, the applicant shall deposit with the Director of Public Works, on account of such review and inspection fees, a sum estimated by the Director of Public Works to represent the probable total fees. In the event the estimated review and inspection fees deposited by the applicant are insufficient, the applicant shall deposit with the Director of Public Works such additional amount as may be required, based on the actual amount of time spent performing such reviews and inspections. In the event the total time spent on such inspections is less than that originally estimated, the Director of Public Works shall refund any excess payment to the applicant.
(3) 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner of the property being connected to the public sewer, and the owner shall be responsible for and shall reimburse the Borough for any loss or damage to the public sewer caused, directly or indirectly, by the installation of the building sewer.
(4) 
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and it is not possible to make a direct connection from such rear building to the public sewer, in which event the building sewer connecting the front building to the public sewer may be extended to the rear building and the whole considered as one building sewer.
(5) 
An existing building sewer previously used to service a former building located on a particular property may be used to service a new building to be constructed on the property only if, upon examination and testing by the Borough Engineer, such building sewer is found to meet all the requirements of this chapter. The testing shall be done by dye test, smoke test and the television camera method, video recording with narrative, the cost of which shall be borne by the owner or builder for new construction.
G. 
Applicable standards for size and placement.
(1) 
The size, slope, alignment, material for construction of a building sewer and the method to be used in excavating, placing of pipe, jointing, testing and backfilling shall conform to the requirements of the Uniform Construction Code and all other applicable ordinances, rules and regulations of the Borough and all other applicable provisions of law.
(2) 
All requirements of federal, state and local safety regulations, including the regulations of the Borough's confined space rules shall be adhered to.
(3) 
Unless authorized in advance by the Borough Engineer and/or Director of Public Works, whenever possible the building sewer shall enter the building at an elevation below that of the basement floor.
(4) 
In any building in which the building drain is too low to permit gravity flow to the public sewer, sewerage carried by such building drain shall be lifted by an approved means and discharged to the building sewer, and each such connection shall be protected by a backflow preventive device which shall be maintained by the owner of the property.
(5) 
No person shall connect any roof, downspout, foundation drain, areaway drain or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a public sewer unless prior approval there for is granted by the Borough Engineer and/or Director of Public Works, which approval shall be granted only if necessary for proper and sanitary disposal of polluted surface drain water.
H. 
Applicable standards for connection.
(1) 
The connection of the building sewer into the public sewer shall conform to all applicable requirements of the Uniform Construction Code and all other applicable ordinances, rules and regulations and all other applicable provisions of law.
(2) 
Unless otherwise provided herein, or in any other ordinance, rule, regulation or other provision of law, the procedures and specifications established by the American Society of Civil Engineers and Manual of Practice No. 9 of the Water Pollution Control Federation shall represent the standards to be applied with respect to such installations.
(3) 
All connections between the building sewer and the public sewer shall be made gas-tight and watertight, which conditions shall be verified by testing.
I. 
Any person installing a building sewer shall notify the Borough Engineer and the Director of Public Works, in advance, when such building sewer is to be connected to the public sewer, and such connection and testing thereof shall be made under the supervision of the Borough Engineer and/or Director of Public Works or their representative.
A. 
No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or building sewer lateral and the appurtenances thereof. The sewer contractor retained by the Borough, the Department of Public Works or such other official or department of the Borough as may hereafter be designated by the Mayor and Council shall make all connections, alterations and repairs upon the public sewer and shall alter, maintain and repair the house sewer laterals and appurtenances thereof.
B. 
Maintenance of the public sewer and building sewer laterals and all connections to the public sewer and all work performed on the sewer system between the main and the curb shall be performed by the Department of Public Works or by a contractor selected by the Borough as a result of open competitive bidding or under the supervision of such other person or department of the Borough as may hereafter be designated by the Mayor and Council. Said contractor shall be governed by the terms of the ordinances of the Borough relating to sewer installation and maintenance and shall comply with plans and specifications of the Department of Public Works on file with the Borough Clerk. Such contractor may be required to post a performance bond suitable to the Mayor and Council and the Borough Attorney.
C. 
Each contractor or other person performing work on Edgewater public property for the purpose of installing building sewer laterals may be required to post a bond or cash acceptable to the Mayor and Council or such other official or department of the Borough as may hereafter be designated by the Mayor and Council. All work shall be adequately guarded with barricades, lights and other measures for protection of the public from hazard. Streets, sidewalks, parkways, curbs and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.
D. 
All municipal improvement shall conform to the requirements of the Municipal Land Use Law,[1]including performance and maintenance bond requirements. The bonds posted by the party or parties responsible for the sewer system improvements from the requirement to indemnify the Borough and its agents from all suits or actions for damages, as herein provided.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E. 
An applicant for such license shall also present to the Director of Public Works a certificate of insurance evidencing that the licensee is insured against liability for personal injury, including death from motor vehicle operations and business operations, with limits of not less than $1,000,000, and liability for property damage through motor vehicle operation or business operation in an amount not less than $500,000, said certificate to be in a form approved by the Borough Attorney.
A. 
In the administration of this chapter, the connections from the curb or street line onto private property shall be supervised and administered by the Edgewater Plumbing Inspector, and all matters relating to sewers lying within the street, from the curb or from the public sewer to curb or street line, shall be within the jurisdiction of the Edgewater Department of Public Works.
B. 
The Edgewater Department of Public Works and other duly authorized employees of the Borough bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
C. 
Decisions of the Edgewater Department of Public Works or the Mayor and Council in the interpretation and application of the provisions of this chapter shall be final and binding upon the property owner affected. The Mayor and Council may waive strict compliance with the provisions of this chapter where such compliance would cause great hardship other than increased financial expense to the property owner involved. No action which shall be authorized by a permit from the Borough shall be deemed a violation of this chapter, provided that the action authorized is not injurious in any manner to the health, safety and welfare of the residents of the Borough. The issuance of any such permit by the Borough shall be within its discretion and revocable at its pleasure; and, upon such revocation, the provisions of this chapter shall apply as though said permit had never been granted.
A. 
Any person found to be violating any provisions of this chapter shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all such violation.
B. 
Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than penalties provided for in Chapter 1, Article II, General Penalty. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
The charge for a new connection to the Borough's sewer system shall be as determined per ERU in accordance with the requirements of Article III of this chapter. Payment shall be made in accordance with the requirements of the Borough Clerk.
A. 
The use of all sanitary sewers of the Borough of Edgewater shall be in compliance with the rules and regulations enacted by the Bergen County Utilities Authority.
B. 
Copies of the rules and regulations of the Bergen County Utilities Authority are filed in the office of the Borough Clerk and are available for public inspection during normal business hours. Copies of the rules and regulations of the Bergen County Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.
A. 
The Borough of Edgewater hereby adopts a user charge system for all tax-exempt properties located in the Borough in accordance with the rules and regulations of the Bergen County Utilities Authority, as amended.
B. 
Nothing shall prohibit the Borough from charging other amounts which are due and payable under contractual agreements with the County of Bergen and other municipalities.
A. 
The federal government has enacted the amended Federal Water Pollution Control Act, now known as the "Federal Clean Water Act" (33 U.S.C § 150 et seq.).
B. 
The Bergen County Utilities Authority has enacted rules and regulations, as required by the Federal Clean Water Act, in incorporating an industrial cost recovery system, a user charge system and regulations pertaining to the use of sanitary sewers.
C. 
The Borough of Edgewater is within the district serviced by the Bergen County Utilities Authority and has contracted with the Bergen County Utilities Authority for the removal and treatment of the wastewater contained within the sanitary sewers of the Borough of Edgewater.
D. 
The Borough of Edgewater desires to assure that the sanitary sewers operated and maintained by it will conform to the best sanitary engineering practices and comply with the requirements of the Federal Clean Water Act.
A. 
The Borough hereby adopts and enacts the user charge system contained in the rules and regulations of the Bergen County Utilities Authority, as if set forth herein at length, and authorizes the immediate implementation by the appropriate municipal official, to be designated by resolution of the governing body.
B. 
Nothing contained herein shall preclude the Borough from challenging any amendments to the rules and regulations which may be hereafter adopted.
Not fewer than three copies of the rules and regulations of the Bergen County Utilities Authority have been and are filed in the office of the Borough Clerk and are available for public inspection during normal business hours.
The annual user charge shall be computed on the previous calendar year's amount of water used and the current calendar year's charges imposed by the Bergen County Utilities Authority upon the Borough of Edgewater, together with all appropriate administrative costs for the operation and maintenance of the Edgewater sewer system.
There shall be allowed an exemption from the annual user charge for all residential usage less than 300,000 gallons of water used, with the exception of hotels, motels and apartments, for which provision is made hereinafter. With respect to hotels and motels, the exemption shall apply if water usage is less than 300,000 gallons of water used with respect to every eight rooms used for residential occupancy. With respect to apartments, the exemption shall apply to usage less than 300,000 gallons of water used with respect to each separate and individual living unit within the apartment complex.
All privately owned water wells which are connected to water systems eventually discharging into the sanitary sewers of the Borough of Edgewater shall be subject to the following provisions:
A. 
The owners of wells existing at the date of adoption of this article shall notify the Borough Clerk of Edgewater, in writing, of the existence and location of such wells within 30 days after the date of passage of this article.
B. 
The owners of wells constructed or completed after the adoption of this article shall notify the Borough Clerk of Edgewater, in writing, of the existence and location of such wells within 30 days of the first usage of such well.
C. 
The Borough Engineer of Edgewater may inspect such wells to determine the usage thereof if, in the opinion of the Borough Engineer, such well's actual water production, together with the other water usage of the owner thereof, exceeds 400,000 gallons of water per year. The Borough Engineer shall transmit his opinion, in writing, to the Borough Council of Edgewater. After receiving such opinion, the Borough Council may require the owner of such well to install and maintain a water meter thereon, at the owner's expense, by adoption of a resolution.
D. 
If a water meter is required by resolution as provided in Subsection C hereof, the owner must install such meter within 60 days of adoption thereof. If the owner shall fail to do so, the Borough Council of Edgewater may, by resolution, provide for the installation of such meter and add the cost thereof to the user charge levied under this article.
A. 
No allowance shall be made for water which is metered but which does not enter the sanitary sewer system unless the owner installs and maintains, at his expense, a meter approved by the Borough to measure the water so diverted from the sewer lines.
B. 
In case of business or industry, where water is lost by evaporation, the Borough Engineer, with the approval of the Council, may make a proper allowance for such evaporation.
C. 
Where sprinkler systems are maintained, a proper credit shall be given for water contained or passing through such sprinkler system, which water does not reach a sanitary sewer line.