As used in this chapter, the following terms shall have the
meanings indicated:
A plan prepared by the Borough Engineer showing existing
house sewer laterals.
The district sewer system into which the Borough sewer system
connects and discharges.
The Board of Health of the Borough of Edgewater.
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.
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.
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.
That part of the sewage system that runs from the sewer main
to the curbline and includes all necessary fittings.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
The liquid waste from industrial processes, as distinct from
sanitary sewage.
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.
The Edgewater sewer system and all appurtenances thereto.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
The logarithm to the base 10 of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
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.
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.
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.
The same as "main sewer."
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).
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not admitted.
Any liquid waste containing animal, chemical or vegetable
matter in suspension or solution.
Any arrangement or devices and structures used for treating
sewage.
All facilities for collecting, pumping and disposing of sewage.
A pipe or conduit for carrying sewage.
The Sewer Inspector of the Borough or his authorized deputy,
agent or representative.
Any solid waste remaining after the partial or preliminary
treatment of domestic or industrial waste.
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.
A sewer which carries stormwater or surface water and drainage,
but excludes sewage and polluted industrial waste.
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
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.
The structures, equipment and processes required to collect,
carry away and treat wastewater and dispose of effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge.
A channel in which a flow of water occurs, either continuously
or intermittently.
A.Â
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:
B.Â
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.Â
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.Â
Application and installation.
(1)Â
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)Â
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)Â
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.Â
Sewer lateral permit.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
Applicable standards for size and placement.
(1)Â
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)Â
All requirements of federal, state and local safety regulations,
including the regulations of the Borough's confined space rules shall
be adhered to.
(3)Â
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)Â
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)Â
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.Â
Applicable standards for connection.
(1)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.