No person shall connect any building or premises
with any public sanitary sewer without having first obtained a written
permit from the Superintendent-Water Engineer in the Division of Water
and Sewers of the Department of Public Works authorizing such connection
to be made. All applications for sewer connections shall be made in
duplicate on forms provided for that purpose.
[Amended by Ord. No. 30-1987; Ord. No. 20-1996; Ord. No. 14-2001; 12-1-2014 by Ord. No. 18-2014; 10-9-2017 by Ord. No. 21-2017]
A. Prior to
the issuance of a sewer connection permit, the applicant shall pay
to the Township a sewer connection fee as hereinafter provided:
[Amended 12-6-2021 by Ord. No. 45-2021]
(1) For each connection to a sewer main which conveys wastewater to the Township wastewater system, the fee shall be $3,203.41 per connection unit, as defined in Subsection
A(2) and
(4) hereof, in addition to the Township's inspection costs of $104 for new customers.
(2) For
purposes of this section, each individual residential dwelling unit
shall be deemed to constitute a single connection unit. In the case
of any other types of structures or uses, the Township Engineer shall
determine the number of units, or fraction thereof, to be connected
or added to an existing connection by dividing the proposed total
average sewer demand for the structure by the annual average daily
flow of 300 gallons per unit; $3,203.41 per unit. The minimum number
of connection units shall be one.
(3) For
the reconstruction of an existing sewer connection where there is
no change in the average daily flow, the connection fee shall be $104.
(4) The
Township shall provide for a property's past sewer usage by calculating
the average sewer usage based on the property's prior annual sewer
billings over the past three calendar years. This amount shall be
deducted from the proposed regular demand for the structure to calculate
the number of connection units.
B. The fee
shall, pursuant to N.J.S.A 40A:26A-11, be recalculated at the end
of each budget year and may be reset by ordinance of the Township
Council after public hearing, on a yearly basis. The sewer connection
fee is based upon the usage of a single-family dwelling unit or equivalent
discharge. The sewer connection fee shall be payable in full to the
Township of Livingston at the time a building sewer connection permit
is issued for connection to the municipal sewer system of the Township
of Livingston.
All public sanitary sewers, sewer connections
and repairs to any such sewer or connection shall be constructed and
made under the direction and supervision of the Superintendent-Water
Engineer, or by such person or persons as the Township Council may
from time to time appoint or employ for that purpose.
[Amended 8-18-2014 by Ord. No. 17-2014]
A. Connection required. The owner of each and every property upon which
there is erected, or upon which there shall hereafter be erected,
any dwelling house, store or other building containing a toilet, sink,
bathtub, washbowl or other receptacle for the receipt and discharge
of refuse water or sewage, abutting any street in which there shall
be constructed a public sanitary sewer or sewers, shall connect said
toilet, sink, bathtub, washbowl or other receptacle in said building
with said sanitary sewer. Such connection shall be accomplished on
or before the expiration of 90 days following the date the sanitary
sewer line becomes available and operational or the effective date
of this article, whichever should occur later.
B. Failed systems. The Township Engineer may require the said owner
to make such connection at an earlier date if the septic tank or cesspool
on the lands of the said owner shall be deemed by him to be operating
in an unsatisfactory manner, or if the effluent from the same is not
being absorbed by the soil, or is being discharged upon the surface
of the ground or in or upon the neighboring lands, street, open ditches
or public or private drains leading to any watercourse.
C. Separate connections. Each building or structure shall be separately
and independently connected with said sanitary sewer.
D. Required connection of septic systems to sanitary sewers in adopted
sewer service areas. In areas where public sanitary sewers are not
physically available and operational, but are intended to be the means
of wastewater management according to the adopted Water Quality Management
Plan applicable to an area, interim use of individual subsurface sewage
disposal systems (ISSDSs) by existing and proposed development is
allowed. However, at such time as the sanitary sewers are made available
and operational, connection of buildings or structures served by ISSDSs
to the sewers is required in accordance with this article.
(1) Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADOPTED SEWER SERVICE AREA
The area designated in the applicable adopted Water Quality
Management Plan, as updated by modifications adopted in accordance
with the Water Quality Management Planning Rules at N.J.A.C. 7:15,
within which wastewater that is generated is to be conveyed to the
wastewater treatment facility associated with the sewer service area.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM or ISSDS
A system for the disposal of less than or equal to 2,000
gallons per day of sanitary sewage into the ground. Typically such
systems are designed and constructed to treat sanitary sewage in a
manner that will retain most of the settleable solids in a septic
tank and discharge the liquid effluent to a disposal field, but similar
designs are also included (for example, those that include seepage
tanks or pits for effluent disposal and cesspools that may have been
constructed prior to current codes).
(2) Connection required. Except as otherwise provided in this article, an owner of a building or structure equipped with an ISSDS located on a property abutting any street or sewerage easement in which a gravity sanitary sewer line is operational and available shall promptly connect thereto in a manner complying with this Chapter
251, and cause all sewage on such premises to be discharged into said sanitary sewer, provided that the building or structure is located within the adopted sewer service area of the wastewater treatment facility to which the sanitary sewer line is connected, and discontinue use of the ISSDS.
(3) Exceptions. This article shall not apply to buildings or structures
for which a sanitary sewer line is considered not to be available
in accordance with N.J.A.C. 7:9A-1.6(e), as amended or supplemented,
or is not operational in accordance with a valid treatment works approval.
Sanitary sewers which are considered not available or not operational
for the purpose of this article include:
(a)
Those connections to the sanitary sewer line that cannot be
accomplished without requiring the installation of a pumping station;
blasting of bedrock; the acquisition of an easement or right-of-way
to cross an adjoining property; or the crossing of a watercourse,
railway, major highway or other significant obstacle;
(b)
Where the sanitary sewer line is located 100 feet or more from
the building or structure to be served;
(c)
Where the sanitary sewer has received a Stage II "construction
only" treatment works approval in accordance with N.J.A.C. 7:14A-22.9
and has not yet received a Stage III treatment works approval, which
is an approval to operate the treatment works in accordance with N.J.A.C.
7:14A-22.10, until such time as the Stage III treatment works approval
is approved; or
(d)
Where the sanitary sewer line or receiving sewage treatment
plant is subject to a sewer connection ban in accordance with N.J.A.C.
7:14A-22.17, until such time as the sewer connection ban is lifted.
(4) Pumping and filling of septic tank upon connection to sanitary sewer.
Upon connecting to the sanitary sewer, the ISSDS shall be pumped and
all its contents removed by a licensed septic cleaner. The lid of
the septic tank and/or cesspool shall then be broken or removed and
the tank and/or cesspool backfilled with clean fill.
The Superintendent-Water Engineer, with the
approval of the Township Council, may order more than one sewer connection
for business, industrial, multifamily or other structures with large
or unusual sewer conditions, where, in the opinion of said Superintendent-Water
Engineer, one sewer connection will not be sufficient, or will interfere
with the proper operation of the sewerage system.
No person shall connect, or cause or permit
to be connected, any floor drain, surface drain, subsoil drain or
leader pipe with the house sewer, or to use the sewer connection or
any pipe or drain connected therewith for the purpose of receiving
and discharging drainage of any kind other than from plumbing fixtures.
[Amended by Ord. No. 6-1990]
The amount of such rent for the use of the sanitary
sewerage work shall be determined by the amount of water consumed
in said building or, where there is no building or other improvement
on the real property, the lot, and the reading of the water meter
or meters heretofore or hereafter installed in any such building or
lot shall constitute the measure of the sewage flow from said house,
tenement building or lot for the use of which rental is payable. Any
separate water meter or meters heretofore or hereafter installed to
measure the consumption of water for external purposes only shall
not be considered in the measure of the sewage flow from said house,
tenement building or lot. Such separate water meter shall be installed
in such a manner as to directly measure the consumption of water for
external purposes. Where water passes through both meters, the owner
of said building or lot shall not be entitled to a dedication for
the duplicate metering of water consumption.
[Added 8-18-2014 by Ord.
No. 17-2014]
A. Purpose. The purpose of this section is to help protect public health
and safety, water quality and general welfare by requiring the proper
operation and maintenance of individual subsurface sewage disposal
systems (ISSDSs) in the Township of Livingston.
B. Background. ISSDSs that are not properly maintained can contaminate
both groundwater and surface water, creating health risks to humans
and impairing natural ecosystems. Regularly pumping out the accumulated
solids and liquids from an ISSDS before they interfere with proper
function is the single most effective means to maintain an ISSDS in
good working order and to extend its effective life. Therefore, regular
pump outs are a key means to protect the surrounding environment as
well as public health and welfare from the effects of a failed system.
C. Applicability. This section is applicable to all ISSDSs, both existing
and newly installed, within the Township of Livingston.
D. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ACTING AUTHORITY
The Township Council of the Township of Livingston or its
designee.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM or ISSDS
A system for the disposal of less than or equal to 2,000
gallons per day of sanitary sewage into the ground. Such systems are
generally designed and constructed to treat sanitary sewage in a manner
that will retain most of the settleable solids in a tank and discharge
the liquid effluent to a disposal field. Existing systems with other
designs (some no longer permitted to be used), such as cesspools or
those that dispose of effluent through seepage pits, are also included.
This term refers to both systems that serve an individual residence
as well as onsite subsurface sewage disposal systems serving a property
other than a single-family home (such as commercial buildings, food
establishments, commercial/residential mixed uses, and systems serving
multiple units) with an engineering flow of less than or equal to
2,000 gallons per day, including but not limited to those systems
identified in N.J.A.C. 7:9A-1.8(a)2.
LICENSED HEALTH OFFICER
An individual granted a license by the Public Health Licensing
and Examination Board of the New Jersey Department of Health and Senior
Services.
LICENSED ISSDS INSTALLER
An industry professional that meets a set of established
criteria and is deemed qualified to construct, install or alter individual
subsurface sewage disposal systems by the Acting Authority or its
designee.
LICENSED PROFESSIONAL ENGINEER
An engineer licensed by the New Jersey State Board of Professional
Engineers and Land Surveyors to practice the profession of engineering.
MAINTENANCE
Pumping out by a qualified service provider, as determined
by the Acting Authority, the accumulated solids and liquids retained
in an ISSDS, as well as servicing as necessary to restore an ISSDS
to good working order.
NJDEP-REGISTERED ISSDS SERVICE PROVIDER
An industry professional that has completed the Onsite Wastewater
Treatment System Professionals Voluntary Registration Form and filed
it with the Department's Bureau of Nonpoint Pollution Control.
OWNER
Any person or other entity that has legal title to property.
PROPERTY
Either of the following that is served by an ISSDS:
(1)
A single lot as defined by municipal lot and block; or
(2)
The combined area contained within the legal boundaries of two
or more contiguous lots where, for any part of each of those lots,
there is a shared pecuniary, possessory or other substantial common
interest by one or more persons (such as common ownership and/or operation
or a common plan of development or sale).
SANITARY SEWAGE
Any wastes, including wastes from humans, households, commercial
establishments, and/or equivalent water-carried wastes of human origin
from industries that are discharged to an ISSDS.
E. Inventory records. The Township of Livingston shall maintain a database identifying each ISSDS in active use within the Township. The database shall include for each ISSDS the parcel block and lot and address of the property where the ISSDS is located, name and address of the property owner, a description of system size, type and location on the property and the pump-out status according to the required pump-out schedule set forth in Subsection
F. Owners of properties served by ISSDSs are required to cooperate in the initial development and continuing update of the database as set forth below and in Subsection
F. Upon adoption of this section property owners with an ISSDS must register their system with the Township Engineer.
F. Routine ISSDS maintenance.
(1)
The owner of a property served by an ISSDS must cause the ISSDS
to be pumped out by an ISSDS service provider in accordance with the
applicable schedule. Documentation of compliance shall be submitted
within 30 days to the Township Engineer in the form of a receipt from
the ISSDS service provider for the service indicating the property
location, service type(s) provided and date of service.
(a)
Except as provided in Subsection
F(1)(b), each ISSDS shall be pumped out every three years following the initial scheduled pump out, as set forth in Subsection
F(3), unless an alternative schedule is identified by the Acting Authority, as set forth in Subsection
F(2).
(b)
In lieu of a pump out, the property owner may submit a septic
system inspection report to the Township Engineer on a form provided
by the Acting Authority indicating that the system is not in need
of pumping and is in good working order. In this case, the pump-out
schedule will be shifted forward by one year. Said form shall be prepared,
completed, and certified by one of the following:
[1]
NJDEP-registered ISSDS service provider;
[2]
Licensed professional engineer;
[3]
Licensed health officer or registered environmental health specialist.
(2)
Modifications to term of scheduled maintenance. The Acting Authority
may, on its own motion, upon notice and opportunity to the property
owner for a hearing, or upon application for a modified schedule by
a property owner, alter the time period for scheduled maintenance.
The Acting Authority may consider the factors, including but not limited
to those listed below, in determining that a different pumping schedule
applies:
(a)
Size of the ISSDS relative to the wastewater generated by the
structure(s) served (i.e., small number of users relative to system
design may warrant a longer period while a large number of users relative
to system design may warrant a shorter period).
(b)
ISSDSs that are cesspools.
(c)
Unusual type and/or intensity of sewage generation, such as
dining establishments, pet grooming, hair salons, etc.
(3)
Notification of requirement for scheduled maintenance.
(a)
An initial notice of requirement for initial pump out and the pump-out schedule applicable thereafter shall be mailed by the Acting Authority to owners of properties served by ISSDSs. Except as provided in Subsection
F(3)(b), the initial scheduled pump out is required to be conducted within 90 days of the date set forth in the initial notification.
(b)
Property owners shall be exempt from the initial pump-out requirement,
provided that documentation is submitted to the Township Engineer
that confirms a pump out was completed no more than 18 months prior
to receiving the initial notification. In this case, the initial required
maintenance will commence three years from the date of the documented
pump out.
[Amended 8-18-2014 by Ord. No. 17-2014]
The violation of any provision set forth above shall be punished
by a fine not to exceed $2,000 or by imprisonment for a term not exceeding
90 days, or both, or by a period of community service not exceeding
90 days; provided, however, that when the maximum penalty fixed by
an applicable state statute is less, by force or said statute or by
judicial construction, than any penalty fixed in the Code of the Township
of Livingston, then limitations of such state statute shall be applicable.