[Adopted 6-6-2013 by Ord. No. 1560]
Unless indicated otherwise in this article, the meanings of
terms used herein shall be as follows:
Any person who has duly applied for a permit under this article.
The Northwest Bergen County Utilities Authority, which owns
and/or controls the district sewage works into which the Borough sewer
system discharges, or its authorized representative.
The Board of Health of the Borough of Franklin Lakes, or
its authorized representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The Borough of Franklin Lakes, the governing body of the
Borough of Franklin Lakes or other official or department designated
by the Borough of Franklin Lakes.
The Borough Engineer or Construction Code Official of the
Borough of Franklin Lakes, or its authorized agent.
The sanitary sewer system owned and/or controlled by the
Borough of Franklin Lakes.
Any dwelling, building, or structure used for human occupancy,
employment, business, recreation, commercial, industrial, or other
purpose.
The extension from the building drains to the building sewer
at the property line, including the actual connection to the building
sewer.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building connection
beginning five feet (1.5 meters) outside the inner face of the building
wall.
That part of the Authority or public sewer system extending
from the public sewer or Authority sewer in the street or other right-of-way
to the property line for the purpose of providing sewer service to
private property.
Any property or structure or unit within a structure, other
than residential property, from which sanitary sewage originates and
in which water meters are installed indicating the amount of water
consumed by occupants thereof.
Any building not used as a one-family dwelling house and
not used for industry.
The Construction Official of the Borough of Franklin Lakes.
Separate living quarters for a person or family within any
structure other than a one-family dwelling.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the handling, storage and
sale of produce.
The Health Officer of the Board of Health, or his or her
duly authorized representative.
Any privately owned septic tank, cesspool, or other similar
facility intended or used for the disposal of sewage from a single-family
residence, small commercial building, or other establishment producing
similar quantities of sewage.
The liquid wastes from an industrial manufacturing process,
trade, or business, as distinct from sanitary sewage.
All existing ordinances, rules, and regulations of the Borough
of Franklin Lakes and the Board of Health of the Borough of Franklin
Lakes.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
A composite of sanitary sewage which is representative of
that delivered to Authority sewage works. The average characteristics
of "normal sewage" shall be determined by the Authority periodically
and shall be used as a basis for assessing the strength of industrial
wastes.
A person who has been granted a permit from the Borough.
Any individual, firm, company, association, society, corporation,
group, board, or other agency.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Any lot shown on the Tax Map of the Borough, or shown on
an approved subdivision.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
The Borough sewer which is generally laid longitudinally
along the center lines or other part of the street or other right-of-way
in which all owners of abutting properties have equal rights. "Public
sewer" shall not include any dry sewer which is not yet connected
to functioning sewage works.
Sewage (including properly shredded garbage) discharging
from the sanitary conveniences of dwellings, office buildings, factories,
or institutions and which is free from storm- and surface water.
A sewer which carries sewage and to which storm-, surface
and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground-, surface, and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating, and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage, or industrial waste 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 of flows during
normal operation.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastes other than unpolluted water
or waste.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Any water or waste containing none of the following: free
or emulsified grease or oil; acid or alkali; phenols or other substances
imparting taste and odor in receiving waters; toxic and poisonous
substances in suspension, colloidal state or solution; and noxious
or odorous gases. It shall contain not more than 10,000 parts per
million by weight of dissolved solids, of which no more than 2,500
parts per million shall be as chloride, with permissible volume subject
to review by the Authority, and not more than 10 parts per million
each of suspended solids and BOD. The color shall not exceed 50 parts
per million.
A channel in which a flow of water occurs, either continuously
or intermittently.
A.
Prohibited disposal of excrement on public or private property. It
shall be unlawful for any person to place, deposit or permit to be
deposited in any unsanitary manner on public or private property within
the Borough or in any area under the jurisdiction of said Borough
any human or animal excrement, garbage or other objectionable waste.
This shall not apply to approved septic treatment facilities or other
authorized treatment methods.
B.
Prohibited discharges into natural outlet. It shall be unlawful to
discharge to any natural outlet within the Borough or in any area
under the jurisdiction of said Borough any sewage or other polluted
waters except where suitable treatment has been provided in accordance
with subsequent provisions of this article.
A.
Permit required. No unauthorized person shall construct, operate,
and maintain facilities for the pretreatment of wastes for disposal
to public or Authority sewers in the Borough without first obtaining
a written permit from the Borough.
B.
Application for permit; fee and escrow requirements. Application
for a permit to construct and/or operate pretreatment facilities shall
be made on a form furnished by the Borough, which the applicant shall
supplement by any plans, specifications, and other information as
are deemed necessary by the Borough Engineer. The fee for such an
application shall be $500. In addition to the fee, an applicant shall
deposit with the Borough the sum of $1,000 as an escrow for professional
fees to be incurred by the Borough in reviewing the application.
C.
Requirements for facilities. The type, components, processes, location
and layout of pretreatment facilities shall comply with all requirements
of the Borough Engineer, Board of Health, Authority, New Jersey State
Department of Health or any other agency or body having jurisdiction
before a permit will be issued. Copies shall be furnished by the applicant
to the Borough Engineer of all applications, correspondence, plans,
specifications, and supplemental data which are furnished by the applicant
to such other agency or body and of the final approval received by
the applicant from such other agency or body. Pretreatment, when permitted
under the provision of this article, shall not produce sewage or wastes
whose characteristics exceed the maximum permissible limits.
D.
Surcharge for industrial wastes. Nonsanitary sewage or industrial
wastes above the strength of normal sewage which are determined to
be acceptable for discharge into the public or Authority sewers shall
be subject to an annual surcharge in addition to the annual rate of
charge established by the Borough for the service of normal sewage.
The calculation and derivation of such surcharge shall be in accordance
with the rules and regulations of the Authority and may include an
additional service charge as determined by the Borough from time to
time for the acceptance of such industrial wastes.
E.
Holding tanks. Holding tanks for flow equalization shall be considered,
for the purposes of this article, to be a form of pretreatment facility
and shall be subject to the provisions of this article, except that
application for a permit for the construction and operation of a holding
tank or similar facility shall be accompanied by an inspection and
permit fee, if determined by the Borough to be required.
F.
Inspection of pretreatment facilities. The Borough Engineer, Board
of Health, Authority and any other agency or body having jurisdiction
shall be permitted to inspect the pretreatment facility at any stage
of construction; and in any event the permittee shall notify any aforesaid
concerned agency or body before any underground portions are covered
and when the work is ready for a final inspection. Operation of the
facilities shall not be commenced until and unless the installation
is completed to the satisfaction of the Borough Engineer.
G.
Operation and maintenance of facilities. The owner shall operate
and maintain the pretreatment facilities in a sanitary manner at all
times, at no expense to the Borough, and they shall be subject to
periodic inspection by the Borough, the Board of Health, or the Authority.
If any pretreatment facilities are adjudged a nuisance by the Board
of Health because of faulty design, malfunction, neglect, or other
cause, the Borough may abate the nuisance by revoking the permit and
requiring abandonment of said pretreatment facilities. Structures
to be so abandoned shall either be completely removed and the excavation
backfilled or be filled with clean run-of-the-bank earth.
H.
Maintenance of records. The owner of pretreatment facilities shall
maintain operating records, in a form acceptable to the Borough Engineer,
and shall submit copies of such operating records, in duplicate, to
the Borough Engineer at least monthly.
I.
Regulation of individual disposal facilities. Individual sewage disposal
facilities for residential or commercial service are subject to Board
of Health regulation.
J.
Interpretation of article. No statement contained in this article
shall be construed to interfere with the normal function of the Health
Officer, Board of Health, or any other agency having jurisdiction
nor with additional requirements imposed by said Health Officer, Board
of Health or other agency.
A.
Permit required for connection. No person shall uncover, make any
connection with or opening into, use, alter, or disturb any Authority
sewer or appurtenance thereof without first obtaining a written permit
from the Authority and from the Borough. Copies of all applications,
correspondence, plans, specifications, and supplemental data which
are furnished by the applicant to the Authority in connection with
said permit shall also be furnished by the applicant to the Borough.
A Borough permit shall not be issued in any case requiring an Authority
permit until the Authority permit has been obtained by the applicant
and a copy thereof is furnished to the Borough. Classes of Authority
building sewer connection permits and fees therefor shall be as stipulated
by the Authority. All costs in connection with the securing of an
Authority permit shall be borne by the applicant, and the owner or
his agent shall make application on a special form furnished by the
Borough.
B.
Extensions of sewer system. Extensions of or changes in the existing
Borough sewer system to provide sewer service to an unserved area
may be initiated by the Borough or by petition from property owners
submitted to the Borough.
C.
Installation of building sewers; charges.
(1)
Where a public sewer is available but no building sewer exists, a
property owner desiring sewer service or acting upon notification
of the Borough to connect shall apply, in writing, to have a building
sewer installed. Installation of building sewers shall in all cases
by done by a sewer contractor approved by the Borough or by such Borough
department or official as may be designated by the Borough and shall
be installed at the place and in the manner prescribed by the Borough
Engineer. In each such case or in any instances where the connection
to the building sewer requires the performance of labor or the furnishing
of materials by the Borough, there shall be a charge to cover the
Borough's costs in an amount to be determined by the Borough.
(2)
In the similar case of an available Authority sewer but no building
sewer, the property owner shall make application to the Authority
for the installation of the building sewer.
(3)
All costs and expenses incidental to the installation of a building
sewer shall be paid by the owner, whether the installation is by the
Borough or the Authority.
(4)
In addition to the foregoing, the property owner shall pay to the
Authority a connection fee in an amount determined by the Authority
Administrator in accordance with N.J.S.A. 40:14B-22.
D.
Connections from building drains to building sewers. The building
connection from the building drain to the building sewer shall be
installed by and at the expense of the permittee. No person, firm
or corporation except a plumber licensed by the State of New Jersey
shall carry on the business of building sewer connection work in the
Borough. Notwithstanding the foregoing, a bona fide owner of a single-family
or two-family dwelling house in the Borough who resides therein may
install his own building connection, provided he personally performs
all labor and personally purchases all material in connection therewith
and otherwise complies with all requirements of this article and all
other applicable law. Any person doing the work or any part thereof
referred to in this section shall file satisfactory proof of insurance
protecting the Borough and Authority from public liability and property
damage in an amount determined by the Borough and in a form satisfactory
to the Borough Attorney.
E.
Laying of building connections. Where determined by the Borough Engineer
to be feasible, the building connections for new construction shall
be brought to the building at an elevation below the basement floor.
The building connections for existing buildings may be brought to
the building below the basement floor (for basement service by gravity)
if determined by the Borough Engineer to be feasible; or where there
are no plumbing facilities requiring basement service or where approved
artificial means of lifting basement sewage is provided, they may
be brought to the building above the basement floor. Building connections
shall not be laid in the same trench as the water service connection
or any other public utility, and they shall be provided with a minimum
horizontal separation of 10 feet. Normally, the building connection
shall be placed at a lower elevation than and at least 18 inches below
the bottom of the water service line. The depth shall be sufficient
to afford protection from frost. The building connection shall be
laid at uniform grade and in straight alignment insofar as possible.
Changes in direction shall be made only with properly curved pipe
and fittings. Cleanouts, as described for the point of connection
to the building sewer, shall be constructed at every ninety-degree
bend and at approximately equal intervals of no more than 75 feet
in straight runs of building connection.
F.
Connections of surface drainage to sanitary sewers prohibited. No
person shall connect roof downspouts, exterior foundation drains,
areaway drains, or other sources of surface runoff or groundwater
to a building sewer, building connection, or building drain which,
in turn, is connected directly or indirectly to a sanitary sewer.
Sump pumps shall not be connected to a sanitary sewer.
G.
Separate connection for each building; exception. A separate and
independent building sewer connection in a separate trench shall be
provided for every building; except where one building stands at the
rear of another or an interior lot and no private sewer is available
or can be constructed to the rear building through an adjoining alley,
court, yard or driveway, then the building connection from the front
building may be extended to the rear building and the whole considered
as one building connection.
H.
Lifting sewage when gravity flow not possible. In buildings in which
the building drain is too low to permit gravity flow to the building
sewer, sanitary sewage carried by such building drain shall be lifted
by approved artificial means and discharged to the building connection
or building sewer.
I.
Excavations for building connections. All excavations required for
the installation of a building connection shall be open trenchwork,
unless otherwise approved by the Borough Engineer. Pipelaying and
backfill shall be performed in accordance with the requirements of
the Borough Engineer, and no backfill shall be placed over a pipe
until the work has been inspected by the Borough Engineer.
J.
Inspection of building connections. The permittee shall notify the
Borough Engineer when the building connection is ready for inspection
and connection to the building sewer. The Borough Engineer shall apply
appropriate tests to the building connection, and the plumber performing
the installation shall at his own expense furnish all necessary tools,
labor and material for such test and shall remove and replace or satisfactorily
repair any defective work or materials when ordered to do so by the
Borough Engineer. The actual connection shall be made under the direct
supervision of the Borough Engineer or his authorized representative.
K.
Guarding of excavations. All excavations for building connections
shall be adequately guarded with barricades and lights so as to protect
the public. Streets, sidewalks and other public property distributed
in the course of the work shall be restored in a manner satisfactory
to the Borough Engineer.
L.
Indemnification of Borough for loss or damage. The property owner
shall indemnify the Borough from any loss, expense, or damage that
may result from installation of a building connection.
M.
Discharges into sewer system of adjacent municipality. Where a building
connection discharges into the sewer system of an adjacent municipality,
the provisions of all ordinances, rules and regulations of such other
municipality, as well as the applicable terms of any agreement between
the Borough and such other municipality, shall apply to such building
connection and its use in addition to the requirements of this article.
N.
Time for completing building connections. The building connection,
including the actual connection to the building sewer, shall be completed
within six months of the issuance of a permit, unless an extension
is granted by the Borough Engineer.
A.
Discharge of stormwater into sanitary sewers prohibited. No person
shall discharge or cause to be discharged any stormwater, surface
water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial waters into any sanitary sewer.
B.
Use of storm drains or natural outlets. Stormwater and all unpolluted
drainage shall be discharged to such sewers as are specifically designated
as storm drains or to a natural outlet approved by the Borough Engineer.
Industrial cooling water or unpolluted process waters may be discharged,
on approval of the Borough Engineer, to a storm drain or natural outlet.
C.
Excluded wastes. No person shall discharge or cause to be discharged
any of the following waters or wastes to the Borough sewers or Authority
sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other waste, to injure or interfere with any sewage treatment process
or constitute a hazard in the receiving water of the sewage treatment
plant, including, but not limited to, cyanides (CN) in excess of two
milligrams per liter as CN in the wastes as discharged to the sewage
works.
(3)
Any waters or wastes, acid or alkaline, in reaction having a pH lower
than 5.5 or higher than 9.5 or having any other corrosive properties
capable of causing damage or hazard to structures, equipment and personnel
of the Borough or Authority. Free acids and alkalis of such wastes
must be neutralized to a pH between 5.5 and 9.5 at all times.
(4)
Solid or viscous substances in quantities of such size as to be capable
of causing obstruction to the flow of sewers or other interference
with the proper operation of the sewage works, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers and the like, either whole or ground by garbage grinders.
(5)
Overflow, drainage or contents of manure pits, cesspools, septic
tanks or other similar receptacles used to store organic wastes, excluding
holding tanks used explicitly for flow equalization.
(6)
Drainage or contents of swimming pools.
D.
Regulated wastes. No person shall discharge or cause to be discharged
the following described substances, waters or wastes if it appears
likely, in the opinion of the Borough Engineer or the Authority, that
such materials can harm sewers, sewage treatment plant processes or
equipment, have an adverse effect on the receiving stream or otherwise
endanger life, limb and public property or constitute a nuisance.
In determining the acceptability of these wastes, consideration will
be given to such factors as quantity, flows, velocities, materials
of construction of the sewers, sewage treatment processes, and other
pertinent factors. The prohibited materials are:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2)
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 milligrams per liter and containing
substances which may solidify or become viscous at temperatures between
32° F. and 150° F. [0° and 65° C.].
(3)
Any waters or waste containing iron, chromium, copper, zinc and similar
objectionable or toxic substances, or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment plant exceeds the
limits established by the Authority for such materials.
(4)
Any waters or wastes containing phenols or other taste- or odor-producing
substances which, in such concentrations, exceed limits which may
be established by the Authority as necessary, after treatment of the
composite sewage, to meet the requirements of discharge to the receiving
waters.
(5)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Authority in compliance with
applicable state or federal regulations.
(6)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids (such as, but
not limited to, fuller's earth, lime slurries and lime residues) or
of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate);
(b)
Excessive discoloration (such as, but not limited to, dye waste
and vegetable tanning solutions);
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
works; or
(d)
Unusual volume of flow or concentration of wastes constituting
slugs as defined herein.
(7)
Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment processes employed
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of discharge to the receiving
waters.
E.
Rejection or pretreatment of certain wastes.
(1)
If any waters or wastes are discharged or are proposed to be discharged
to the sanitary sewers, which waters or wastes contain the substances
or possess the characteristics enumerated in this article and which,
in the judgment of the Borough Engineer or Authority, may have a deleterious
effect upon the sewage works, processes, equipment or receiving waters
or which otherwise create a hazard to life or constitute a public
nuisance, the Borough may:
(a)
Reject the wastes;
(b)
Require pretreatment to an acceptable condition for discharge
to the sewage works;
(c)
Require control over the quantities and rates of discharge;
and/or
(d)
Require payment to cover the added costs of handling and treating
the wastes not covered by the rates of the Borough for the service
of normal sewage.
F.
Interceptors required.
[Amended 3-15-2016 by Ord. No. 1665]
(1)
GREASE TRAPS
MAINTENANCE OF GREASE TRAPS
MANUFACTURER, PROCESSOR OR DISTRIBUTOR
RETAIL FOOD ESTABLISHMENT
Definitions. As used in this Subsection F, the following terms shall have the meanings indicated:
Shall be given its normal definition in any food industry.
A device used to collect oil and grease at the entrance of the wastewater
pipe system and preventing the oil and grease from traveling through
the wastewater pipes into the wastewater system of the Borough. A
grease trap must be installed in such a manner as to facilitate easy
inspection and cleaning.
Grease traps must be maintained and inspected to ensure that
they are never allowed to reach more than 3/4 of their capacity.
Shall be given its normal definition in the industry. An
establishment includes businesses which manufacture and/or process
and/or distribute food and/or food products.
Shall be given its normal definition in the industry. A "retail
food establishment" includes retail businesses which process and/or
serve food and food products.
(2)
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Plumbing Subcode Official, they are necessary for the
proper handling of liquid wastes containing grease in excessive amounts,
or any flammable wastes, sand and other harmful ingredients; except
that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Plumbing Subcode Official, and shall be located so
as to be readily and easily accessible for cleaning and inspection.
(3)
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped
with easily removable covers which when bolted in place shall be gastight
and watertight.
(4)
Every commercial establishment which prepares food for consumption
of employees or the public shall have installed a grease interceptor.
All such establishments shall comply with this section within 90 days
of the effective date of this Subsection.
(5)
Installation and maintenance of grease traps.
(a)
Grease traps shall be maintained and inspected to ensure efficient
operation. Grease traps shall be easily accessible for cleaning and
inspection. The grease trap installation shall be in continuous operation
at all times.
(b)
Grease trap cleaning shall be done biweekly. A maintenance log
including the time, date and signature of the person performing the
cleaning shall be kept on the premise and shall be readily available
for inspection by the Plumbing Subcode Official. If it is determined
that the system is not sufficient, the cleaning shall be increased
or a larger unit shall be installed. Inspection records shall be maintained
for a minimum of period of five years.
(c)
Grease trap additives shall only be used with the approval of
the Plumbing Subcode Official. All removed material shall be disposed
of in accordance with all state, local and federal regulations. All
maintenance logs and manifests shall be maintained on the premises
and made available upon request at the time of inspection by the Plumbing
Subcode Official or Registered Environmental Health Specialist. These
logs and records shall be maintained for a minimum period of five
years.
(d)
Inspection of grease traps.
[1]
All food establishments must employ at their own expense a licensed
plumbing inspector to conduct annual inspection of their grease traps
and conducting wastewater lines to ensure that waste oil and grease
are being adequately removed from the wastewater being discharged
into the sewer systems and the wastewater being introduced into the
sewer system is less than 180° F. The licensed plumber shall provide
a formal inspection report to the food establishment and to the Plumbing
Subcode Official, with a copy provided by the food establishment to
the Board of Health with its license renewal application. This inspection
report must contain the inspector's observation with regard to the
efficiency of the grease trap, the amount of oil and grease found
in the connecting wastewater lines, the percentage of oil and grease
being removed from wastewater being discharged into the sewer system,
the temperature of the wastewater being discharged into the sewer
system and the maintenance and efficiency of the grease trap. The
formal inspection shall be submitted within three weeks of the inspection
date.
[2]
Date of inspection. The inspections as to the size, efficacy,
temperature and function of the grease trap should be on or before
October 15 of the year preceding the food license year.
(e)
The Plumbing Subcode Official shall have access to any food
establishment to inspect the grease trap not to exceed six visits
annually. No establishment can restrict access to the grease trap.
If the grease trap records are not accurate or up to date, a fine
not to exceed $1,250 may be imposed. The Plumbing Subcode Official
has the authority to issue a summons.
(f)
No food establishment will be issued a license to operate within
the Borough without presenting the plumbing inspection and inspection
logs to the Board of Health with the license application.
(g)
An inspection fee, in addition to annual food establishment
license fee, shall be imposed upon any food establishment as follows:
[1]
For each inspection carried out pursuant to a complaint when
such inspection results in a determination that said establishment
is in violation of the State Sanitary Code or of any municipal ordinance
or state and federal regulation relating thereto.
[2]
For each reinspection carried out after either a failure of
the regular inspection, or failure of an inspection carried out pursuant
to a complaint as set forth in this section.
[3]
There shall be a fee for each inspection in the amount of $100.
(h)
For all new construction or installation, waste disposals and
commercial dishwashers shall discharge into grease trap.
G.
Control manholes. When required by the Borough Engineer, the owner
of any property serviced by a building sewer connection carrying industrial
wastes shall install a suitable control manhole, together with such
necessary meters and other appurtenances, in the building connection
to facilitate observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessible and safely located
and shall be constructed in accordance with plans approved by the
Authority. The manhole shall be installed by the owner at his or her
expense and shall be maintained by the property owner so as to be
safe and accessible at all times.
H.
Measurements, tests, and analyses. All measurements, tests and analyses
of the characteristics of waters and wastes to which reference is
made herein shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association, and shall be determined
at the control manhole provided or upon suitable samples taken at
said control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the downstream
manhole nearest to the point of connection in the Borough or Authority
sewer. Procedures for sampling shall be customarily accepted methods
to reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to persons and property.
I.
Special agreements for acceptance of wastes. No statement contained
in this article shall be construed as preventing any special agreement
or arrangement between the Borough and any industrial concern whereby
an industrial waste of unusual strength or character may be accepted
by the Borough for treatment, subject to payment therefor by the industrial
concern.
J.
Responsibility for maintenance of sewers and connections. The building
sewers shall be maintained by the Borough or the Authority. The building
contentions shall be maintained by the property owners or occupants.
K.
Reports of violations. Plumbers shall report to the Borough any known
violation of this article, including, but not limited to, building
connections which do not conform to this article or any other law,
rule or regulation.
L.
Incorporation by reference of certain rules and regulations.
(1)
It shall be unlawful for any person to violate any of the Rules,
Regulations, and Standards of the Authority, as amended and supplemented,
a copy of which is included herein by reference and made a part hereof
as if set forth at length herein.
(2)
A copy of said Rules, Regulations, and Standards of the Authority
has been placed on file in the office of the Borough Clerk upon the
introduction of this article, and will remain on file there for use
and examination by the public. Upon adoption of this article, said
copy shall also remain on file in the Borough Clerk's office so long
this article is in effect.
A.
Damage to sewage works. No unauthorized person shall break, destroy,
uncover, deface, or tamper with any structure, appurtenance, or equipment
which is a part of the sewage works.
B.
Excavating or blasting near sewer. It shall be unlawful to excavate
soil less than four feet from any sanitary sewer or to blast for the
removal of rock any closer than 10 feet from any sanitary sewer without
a special permit from the Borough to do so.
C.
Liability for damage. Any person causing damage to Borough or Authority
property or to another property resulting in loss, damage or expense
to the Borough shall be liable for all such loss, damage or expense
incurred by the Borough or the Authority; and by the acceptance of
any permit, the permittee shall be deemed to have agreed to indemnify
and hold harmless the Borough from and against any loss, damage, expense
or liability.
[Amended 3-17-2015 by Ord. No. 1618; 3-15-2016 by Ord. No. 1667]
A.
Enforcement authority. The Construction Official, Borough Engineer,
Health Officer and such other persons as may be designated by the
Borough shall have the authority to enforce this article.
(1)
Right of entry for inspection and samplings. By acceptance of a permit
and/or use of a public or Authority sewer, the owner and/or occupant
of premises within the Borough shall thereby be deemed to have agreed
that the Borough Engineer and other duly authorized employees of the
Borough bearing proper credentials and identification shall be permitted
to enter his, her or its properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provision of this article.
(2)
Right of entry for construction and repair of sewage works. A Borough
representative shall be permitted to enter all private properties
through which the Borough holds a right-of-way or easement for the
purposes of but not limited to construction, reconstruction, repair,
maintenance, or inspection of any portion of the sewage works lying
within such right-of-way or easement. Any entry on such right-of-way
or easement shall be done in accordance with the terms of any applicable
right-of-way or easement agreement.
B.
Sewer service charges.
(1)
Levy of service charge. There is hereby established a sewer service
charge for the use, operation, and maintenance of the sewer system
of the Borough and such charge is hereby levied upon the owners of
properties connecting to the sewer system.
(2)
Schedule of charges.
[Amended 7-16-2019 by Ord. No. 1793]
|
Type of unit
|
Annual charge
| |
|---|---|---|
|
Residential
| ||
|
Single-family residential dwelling
|
$330
| |
|
Multifamily residential dwelling
|
$250 per dwelling unit
| |
|
Commercial/industrial/municipal
| ||
|
Commercial/industrial/municipal: single tenant
|
$330 plus $2 per 1,000 gallons for flow in excess of 104,000
gallons
| |
|
Commercial/industrial/municipal: multitenant, individual
water meters
|
$330 plus $2 per 1,000 gallons for flow in excess of 104,000
gallons per tenant
| |
|
Commercial/industrial/municipal - multitenant, no
individual water meters
|
$330 plus $2 per 1,000 gallons for flow in excess of 104,000
gallons
| |
|
Vacant property
|
$330
| |
(3)
For multitenant commercial/industrial/municipal users that lack individual
water meters to separately measure flow, the Borough Engineer shall
determine the annual sewer charge based on the number of equivalent
commercial units. "Equivalent commercial unit" (ECU) shall be defined
for the purposes of this section as the billing unit for certain multitenanted
commercial properties as determined by the Borough Engineer. Multitenanted
commercial properties lacking individual water meters which are owned
and maintained by a public utility require such a determination to
administer this section. Guiding factors to be utilized by the Borough
Engineer in determining the number of ECUs for such multitenanted
commercial properties shall include gross square footage of floor
area, use and other information provided by the owner of said property.
The Borough Engineer shall issue a written determination of the number
of ECUs for each property. Said report which shall be retained within
the Borough's Construction Enforcement Department records and be available
for inspection. This report and determination of ECUs shall be subject
to revision as changes in occupancy occur for said property.
[Amended 2-21-2017 by Ord. No. 1697]
(4)
Any commercial/industrial/municipal user which utilizes a private
well in their operations may be required to install a sanitary sewer
discharge meter.
(5)
The sewer service charge shall address the following:
(6)
The sewer service charge shall be an annual charge which shall begin
upon the date when a building connection is approved by the Borough,
and this charge shall stay in effect until modified by an ordinance.
C.
Payment of charges. The use charges established and levied by this
section shall be due and payable in accordance with the billing policy
established by the Mayor and Council.
D.
Determination of quantity of sewage flow. Where the charge set forth
in this section is based upon the quantity of sewage flow, such quantity
shall be determined to be the quantity of water used on the premises
based upon water consumption records of United Water New Jersey for
the six-month period from October through March of the year prior
to the billing year, as shown by the past water bill usage. In instances
where a private well provides potable water to the property, then
the Borough Engineer shall determine the quantity of sewage flows.
However, where the owner of commercial or nonresidential property
can show that water used on the premises was not discharged into the
sewer system, such fact shall be taken into account when determining
the quantity of discharge into the sewer system.
E.
Special or additional charges. Where any special or additional charge
is made, levied, or assessed by the Authority as a result of the special
nature of sewage, such special or additional charge may be added to
the charge set forth in this section. Nothing shall preclude the Authority
from charging directly for special sewage.
F.
Interest on late payments; liens. The sewer service charge established
by this article shall draw delinquent interest at the rate of 8% for
balances up to $1,500 and 18% for balances exceeding $1,500, and shall
be a lien upon the premises connected until paid. The first half of
the sewer service charge will be due in the office of the Tax Collector
on April 1 of the current year; on August 1 the second half of the
sewer service charge will be due for the current year. Delinquent
interest is to be calculated based upon the sum of all delinquent
sewer service charges from year to year and is not to be calculated
on an individual basis. At the end of any calendar year, a penalty
of 6% may be charged where there is tax and or any other municipal
charge delinquency in excess of $10,000. The Borough shall have the
same remedies for the collection of sewer service charges with delinquent
interest, cost and penalties, as it has by law for collection of taxes
upon real estate.
A.
Notice to cease violation. The Borough shall provide any person found to be violating any provision of this article, except § 390-6, 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 violations. Any person found to be violating the provisions of the article shall be subject to immediate legal action by the Borough.
B.
Violations and penalties. Any person who shall violate this article
shall, for each and every violation, be subject to imprisonment for
a period not exceeding 90 days or be fined not exceeding $2,000, or
both, in the discretion of the Judge before whom such a conviction
may be heard. Each and every day that such violation continues shall
be considered a separate violation of this article.
C.
Liability for damages. Any person violating any provision of this
article shall be liable to the Borough for any resulting expense,
loss, or damage.
