All applications for sewer service shall be made on forms provided
by the Water and Sewer Department, and shall be made at least 48 hours
prior to the date service is desired.
A.
Service connections shall be cast iron, terra cotta, cement asbestos,
or of other material approved by the Superintendent. Only extra-heavy
or medium-heavy cast iron shall be permitted within the traveled portion
of the street. Cast iron pipe shall be used through the foundation
wall of any building.
B.
The Town shall tap the main but the service connection shall be installed
and maintained by the owner.
C.
The minimum diameter of a service connection shall be four inches,
and the Superintendent may require a larger diameter under special
circumstances.
D.
The owner shall repair any damage to or leak in a service connection,
or remove any stoppage or obstruction therein within three days of
notification by the Superintendent to do so, and in the event of his
failure to do so, the Town may make the necessary repairs, charging
the costs to the owner, to be collected as other charges, except where
the damage was the direct result of the negligence of the Town, its
agents, servants or employees.
E.
The service line from the house to the main must be laid with a fall
of not less than 1/4 inch per foot.
F.
A standard cleanout must be installed inside the building wall to
make service accessible from house to street main.
[Amended 3-13-2017 by Ord. No. 2017-4]
A user shall not introduce into the Town of Newton wastewater
treatment plant, and all sewers tributary thereto, any pollutant(s)
which cause pass-through and/or interference. The discharge prohibitions
and limitations listed in the following sections apply to each user
introducing pollutants into the Town sanitary sewer system, whether
or not the user is a domestic, commercial, or industrial user.
A.
Discharge prohibitions. No person shall discharge or cause to be
discharged any of the following described waters or wastes to the
Town sanitary sewer system:
(1)
Stormwater/surface water/groundwater: stormwater from precipitation
or snowmelt, surface water and/or groundwater from sump pumps, cellar
drains and/or other sources, except as specifically authorized by
the Town.
(2)
Unpolluted wastewater: any unpolluted water, including, but not limited
to, cooling water, unpolluted industrial process water, uncontaminated
stormwater, pond/pool water, which increase the hydraulic load on
the treatment plant, except as specifically authorized by the Town.
(3)
Dilution: water: any water added for the purpose of diluting wastewater
or wastes which would otherwise exceed applicable discharge limit(s)
and restrictions.
(4)
Excessive discharge: wastewater at a flow rate or containing concentrations
or quantities of pollutant(s) (e.g., BOD5,
TSS, ammonia, phosphorus) that, in the judgment of the Town or its
representative, may cause a treatment process upset, interference,
system overload, or loss of treatment efficiency at the Town's treatment
plant. Any waters or wastes having a five-day biochemical oxygen demand
greater than 245 parts per million by weight, or containing more than
220 parts per million by weight of suspended solids, shall be subject
to approval by the Town.
(5)
Slug discharge: waters and wastes with an unusual volume of flow
or concentration of wastes constituting slugs. A "slug" shall be defined
as 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 concentrations of flows during normal operation.
(6)
Color materials: wastes with color not readily removable by the treatment
plant, or which may cause, or potentially cause or contribute to causing,
the treatment plant to exceed water quality standards for the color
parameter.
(7)
Corrosive wastes: any waste which will cause corrosion or deterioration
of the treatment works or sewer system. Any waste discharged to the
Town sewer system shall not have a pH value lower than 5.5 or greater
than 9.0 standards units (SU) at the connection to the Town sewer
system. Prohibited materials include, but are not limited to, concentrated
acids, alkalines, sulfides, chloride and fluoride compounds, and substances
which will react with water to form acidic or alkaline products which
have a pH value that does not fall within the range stated herein.
(8)
Explosive and/or flammable mixtures: liquids, solids or gases which
by reason of their nature or quantity are, or may be, sufficient,
either alone or by interaction with other substances, to cause fire
or explosive condition in any part of the sewer collection or treatment
system or be injurious in any other way to the treatment works or
to the operation of the works; such materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylenes,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides. A "potentially explosive
condition" is defined as waste stream with a closed cup flash point
of less than 140° F. or 60° C. using the test method specified
in 40 CFR 261.21 and/or any atmosphere in which combustible gases
or vapors are at a concentration of 10% or more of the lower explosive
limit (LEL).
(9)
Garbage or shredded garbage: any garbage that has not been properly
shredded. The installation and operation of any garbage grinder equipped
with a motor of 3/4 horsepower or greater shall be subject to the
review and approval of the Town.
(10)
Hazardous substance or hazardous waste: Discharge of any hazardous
substance or hazardous waste is prohibited without a written authorization
or a permit which may contain the maximum allowable concentration
limits for the specific hazardous or toxic waste or each constituent.
(11)
Heat: heat in the amounts which will inhibit biological activity
in the publicly owned treatment works (POTW) resulting in interference
or causing damage, but in no case heat in such quantities that the
temperature at the sewer connection exceeds 65° C. (150° F.),
unless the Town approves alternate temperature limits.
(12)
Medical wastes: any medical waste or pollutants unless otherwise
authorized under the applicable regulations and/or approved by the
Town.
(13)
Noxious materials: pollutants which, either singly or by interaction
with other wastes, are malodorous, are capable of creating a public
nuisance or hazard to life or health, or are present in sufficient
concentrations to prevent entry into the Town sewer system for its
maintenance and repair.
(14)
Fat, oil and grease: total oil and grease, including petroleum
hydrocarbons, cutting oil, mineral oils, fats, wax, grease, and/or
other oils, whether soluble or emulsified, in excess of 100 mg/l concentration;
or containing substances which may solidify or become viscous at temperatures
between 32° F. and 150° F. (0° C. and 65° C.) in the
sewer system.
(15)
Radioactive wastes: radioactive wastes or isotopes of such half-life
or concentration that they do not comply with regulations or orders
issued by the appropriate authority having control over their use
and discharge, and/or which will, or may, cause damage or hazards
to the treatment plant or personnel operating the system.
(16)
Sludge interfering substances: any substance which may cause
the treatment plant's sludge to be unsuitable for reclamation and
reuse or to interfere with the reclamation process where the POTW
is pursuing a reuse and reclamation program. In no case shall a substance
discharged into the sewer system cause the treatment plant to be in
noncompliance with sludge use or management criteria, guidelines or
regulations applicable to the Town treatment plant sludge.
(17)
Solid or viscous wastes: solid or viscous wastes which will
or may cause obstruction to the flow in a sewer, or otherwise interfere
with the proper operation of the treatment works. Prohibited materials
include, but are not limited to, excess oil/grease, garbage, animal
tissues, human organs or tissue fluids, paunch manure, bones, hair,
hides or fleshing, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops, waste paper, wood, plastic,
tar, asphalt residues, residues from refining or processing of fuel
or lubricating oil, and similar substances. Other specific materials
may be prohibited at the discretion of the Town.
(18)
Toxic discharge: waters or wastes containing objectionable or
toxic pollutants in sufficient quantity, either singly or by interaction
with other pollutants, to result in the presence of toxic gases, vapors
or fumes within the sewer system in a quantity that may cause worker
health or safety problems, to constitute a hazard to humans/animals
or environment, to create a toxic effect in the receiving waters of
the POTW, to result in pass-through, to cause interference with the
treatment works plant, or to exceed standards promulgated by the EPA
pursuant to Section 307(a),(b) or (c) of the Clean Water Act or the
NJDEP pursuant to Section 4 of the State Water Pollution Control Act.
(19)
Trucked/hauled waste: No trucked or hauled waste, including,
but not limited to, septic waste, sludge, residual waste/wastewater,
or other waste shall be discharged directly or indirectly into the
wastewater treatment plants or at any discharge point within the sewer
system, unless specifically authorized by the Town.
(20)
Any waste that can harm the sewers, sewage treatment process
or equipment, have an adverse effect on the receiving stream, may
cause pass-through and/or interference in the Town sewer system or
otherwise endanger environment, life, limb, public property, or constitute
a nuisance. In forming its opinion as to the acceptability of these
wastes, the Town shall give consideration to such factors as the quantities
of subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment
process, capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant, and other pertinent factors.
B.
Discharge limitations. Any person who discharges, deposits, causes or allows wastewater/waste to be discharged or deposited to the Town wastewater treatment plant and all sewers tributary thereto, shall comply with the provisions of prohibited discharges as stated in Subsection A above. In addition, the Town has established maximum permissible concentrations on some of the conventional, nonconventional and toxic pollutants that are inhibitory or otherwise of concern to the Town wastewater treatment plant and/or its wastewater and sludge management plan. All discharge to the Town sanitary sewer system shall comply with the following discharge limitations:
|
Pollutant Parameter
|
Maximum Daily Discharge Limits
| |
|---|---|---|
|
Biochemical oxygen demand (5)
|
245 (1)
| |
|
Total suspended solids (TSS)
|
220 (1)
| |
|
Ammonia (NH3-N)
|
18 (1)
| |
|
Phosphorus (P)
|
12 (1)
| |
|
Oil and grease (total)
|
100
| |
|
Temperature
|
65° F.
| |
|
pH (daily minimum)
|
5.5 SU
| |
|
pH (daily maximum)
|
9.0 SU
| |
|
Flash point (minimum)
|
140° F.
| |
|
Arsenic (total)
|
0.13
| |
|
Cadmium (total)
|
0.04
| |
|
Chromium (total)
|
15.56
| |
|
Copper (total)
|
1.62
| |
|
Lead (total)
|
1.01
| |
|
Mercury (total)
|
0.07
| |
|
Molybdenum (total)
|
0.25
| |
|
Nickel (total)
|
1.89
| |
|
Selenium (total)
|
0.23
| |
|
Silver (total)
|
5.77
| |
|
Zinc (total)
|
6.51
| |
|
Cyanide (total)
|
7.34
| |
|
Total toxic organics (2)
|
(2)
|
|
NOTES:
| ||
|
All units in mg/l, unless otherwise specified. The daily maximum
limits are based on a composite sample for the twenty-four-hour or
working-hour period as approved by the Town, except for pH, oil and
grease, cyanide, and volatile organics. The Town will define the sample
collection and sample type of each pollutant for compliance assessment.
| ||
|
(1)
|
Dischargers exceeding BOD5, TSS, ammonia and/or phosphorus limitations as stated above may request a variance from the Town. Based upon the submitted supporting concentration and loading data and the available treatment plant loadings, the Town may allow discharge of wastewater with the concentration(s) greater than the limits imposed above, upon payment of a sewer surcharge fee, as set forth further in § 228-12E and § 100-19U, based upon availability of any excess capacity available at the treatment plant. The Town reserves its right to impose an upper cutoff concentration limit based upon available treatment plant capacity and loadings.
| |
|
(2)
|
The Town may impose discharge limitations, restrictions, and/or
prohibition of total toxic organics (TTO), including any volatile
organics, base/neutral organics, acid extractable organics, pesticides,
PCBs and any other toxic organic, on a case-by-case basis.
| |
C.
Compliance with federal and state pretreatment and other discharge
regulations.
(1)
All industrial and other nondomestic dischargers shall comply with
all applicable limitations and other conditions imposed under the
Federal General Pretreatment Regulations listed under 40 CFR 403.
The General Pretreatment Regulations, 40 CFR 403, are hereby incorporated
by reference, including all future amendments and supplements thereto.
(2)
Upon the effective date of the federal categorical pretreatment standards
for a particular industrial category, the federal standard, if more
stringent than limitations imposed under this section for sources
in that subcategory, shall supersede the limitations imposed under
this section. Affected dischargers shall comply with such standards
within the stated compliance deadline. Failure to attempt to notify
affected industrial dischargers of the applicable reporting requirements
by the state or the Town does not relieve such dischargers of the
obligation to comply with reporting and other requirements. Applicable
categories and the federal categorical standards are listed in 40
CFR Chapter I, Subchapter N (including 40 CFR 404 through 699). 40
CFR Chapter I, Subchapter N is hereby incorporated by reference, including
all future amendments and supplements thereto.
D.
Additional discharge requirements by the Town.
(1)
The Town may require an industrial or nondomestic discharger to submit
an application and other documents providing information and data
on the facility, contact, operations and processes, chemical use,
water use, wastewater generation and discharge, wastewater quality,
and pretreatment and discharge connections. The Town will advise the
discharger how the discharge will be regulated. If it is determined
that the discharge will be subject to permitting by NJDEP, information
may be forwarded to the state for further assessment and permit applicability
determination.
(2)
If any waters or wastes are discharged or are proposed to be discharged
to the public sewers which contain the substances or possess the characteristic
enumerated in items above, and which in the judgment of the Town 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 Town may:
(a)
Reject the wastes;
(b)
Require pretreatment or an acceptable condition for discharge
to the public sewers;
(c)
Require control over the quantities and rate of discharge; and/or
(d)
Require payment to cover the added cost of handling and treating
wastes not covered by existing taxes or sewage charges.
(3)
If the Town permits the pretreatment or equalization of waste flows,
the design and installation of the plants and equipment shall be subject
to the review and approval of the Town and subject to the requirements
of all applicable codes, ordinances, and laws.
(4)
The Town may impose a discharge flow limitation on a discharger.
Any flow limitation may be based upon the property sewer capacity
allocation, design capacity and treatment capability of the Town wastewater
treatment plant, and effluent characteristics of the nondomestic discharge.
The flow limitation on a nondomestic discharge may include additional
requirements for isolation of uncontaminated stormwater, unpolluted
process wastewater and/or other conditions, as necessary.
(5)
Where preliminary treatment or flow-equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operating condition by the owner at his
expense. The Town may require the industrial/nondomestic discharger
to develop and implement a slug management plan, where necessary.
(6)
Oil and grease separators and sand interceptors shall be provided
when, in the opinion of the Town, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts,
or any flammable wastes, sand, or other harmful ingredients, except
that the interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Town and shall comply with plumbing codes and other
applicable regulations. The interceptor(s) shall be properly maintained
by the owner and shall be located to be readily and easily accessible
for cleaning and inspection by the Town.
(7)
When required by the Town, the owner of any property serviced by
a building sewer carrying industrial wastes shall install a suitable
control manhole together with necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. The manhole and/or monitoring chamber, when required,
shall be accessible and safely loaded, and shall be constructed in
accordance with the plans approved by the Town. The manhole shall
be installed by the owner at his expense and shall be maintained by
him so as to be safe and accessible at all times.
(8)
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this section shall be determined
in accordance with the federal 40 CFR 136 regulations and 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 the control manhole. In the event that no special manhole
has been required, the control manhole shall be considered to be the
nearest downstream manhole in the public sewer to the point at which
the building sewer is connected. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb, and property. The sample collection, sample duration and
sample type shall conducted as defined by the Town.
(9)
No statement contained in this section shall be construed as preventing
any special agreement or arrangement between the Town and any industrial/nondomestic
entity, whereby a waste of unusual strength or character may be accepted
by the Town for treatment, subject to payment by the industrial/nondomestic
discharger.
(10)
All industrial, commercial, and other nondomestic dischargers
shall comply with all applicable federal and state (New Jersey) regulations
and permitting, monitoring, reporting, and other compliance requirements
related to the wastewater discharge. Any authorization by the Town
for discharge of wastewater to its sewer system does not waive the
discharger's obligations to comply with other applicable federal and
state requirements.
E.
Sewer surcharge provision and sewer discharge limit exception.
(1)
Surcharge provision and surcharge fee: The Town, based on the performance
of the Town wastewater treatment plant and its effluent quality, may
allow a variance of some conventional pollutant discharge limitations
for BOD5, TSS, NH3, and/or phosphorus. However, no person shall discharge any waste or wastewater exceeding the Town sewer discharge limitations listed in this section prior to securing written approval for the variance(s) from discharge limitations. Approval granted by the Town shall be based upon the Town wastewater treatment plant capacity, performance, and available excess pollutant capacity to treat additional pollutant loads without impacting the plant performance and/or plant regulatory compliance requirements. A discharger requesting a variance shall be responsible for the cost borne by the Town or its designee to assess plant-available pollutant loadings and impact of the proposed discharge on the treatment plant. Any excess available loadings will be allocated on a first-come-first-served basis. The variance allocated to a discharger by the Town shall include the excess allocated loads and concentrations and a surcharge fee. The surcharge fee shall be based upon the Town's estimated costs to manage and treat the excess pollutant loading discharged by the discharger over the allowable domestic equivalent pollutant concentrations. The sewer surcharge fee rates in § 100-19U may be established by the Town on a yearly or periodic basis, as deemed necessary. A written agreement regarding the payment of sewer surcharge fees may be required by the Town prior to approvals being granted.
(2)
Application review: The Town Utility Advisory Board is charged with advising the Manager with reference to all matters concerning the water and sewer system of the Town, per Town Code § 3-74. Applications for variances from the discharge limitations set forth in this chapter shall be submitted to the Town for review by the Town Sewer Engineer and the Utility Advisory Board. A written approval or denial shall be issued by the Town.
(3)
Exception to the Town's discharge limitation: The discharge limits imposed by the Town are based upon the Uniform Concentration Limit Procedure, which imposes discharge limits to all industrial/commercial dischargers uniformly. However, all industrial users do not discharge all pollutants to the maximum allowable levels, thus the Town may have some excess loading available for some pollutants. Therefore, the Town may consider an alternate limit for one or more of the pollutants imposed in § 228-12B as an exceptional case, under a special agreement. A discharger requesting exception to the limit shall also provide information that it has exhausted the pretreatment and other control options and the cost of any additional compliance measures will be economically burdensome to the discharger. Based upon an exception request submitted by a discharger, the Town will perform detailed review of the plant operation, compliance, safety factor, pollutant mass balance, and assess the impact of the discharge limit exception requested by the discharger. If excess pollutant loading is available, a written authorization will be issued to the discharger by the Town specifying exception to the specific discharge limit, the alternate limit, and any other compliance conditions.
F.
Reporting requirements for industrial or nondomestic users.
(1)
Permitted industrial or nondomestic users must submit to the Town
or its designee, at least monthly (on dates specified), a description
of the nature, concentration and flow of the pollutants required to
be reported. The report shall be based on sampling analysis performed
in the period covered by the report. All reporting shall be in compliance
with N.J.S.A. 58:10A-1 et seq., and N.J.A.C. 7:14 et seq., and regulations
developed thereunder. The permittee shall report all samples results
on the industrial/commercial discharge monitoring report. All results
parameters listed on the Effluent Limitations and Monitoring Requirements
Table shall be reported along with the flow.
(2)
The permittee shall sign the report and attach a copy of the certificate
of analysis (on laboratory letterhead) and the chain-of-custody from
the certified laboratory. An industrial user must report exceedances
of the industrial discharge permit to the Department in case of accidental
discharges of prohibited materials or other substances regulated by
this section.
(3)
If an industrial user is at zero discharge or not actively discharging
wastewater to the treatment works, the permitted industrial user is
required to continue to submit industrial/commercial discharge monitoring
report forms to Newton, clearly specifying no discharge.
G.
Recordkeeping and monitoring.
(1)
Permitted industrial users discharging or proposing to discharge
wastewater to the treatment works shall maintain the following:
(a)
Records of production.
(b)
Water consumption and discharge flow records.
(c)
Complete monitoring reports, including:
[1]
Resampling due to noncompliance in accordance with 40 CFR 403.12(g),
as may be amended, which now states: "If sampling performed by an
industrial user indicates a violation, the user shall repeat the sampling
and analysis and submit the results of the repeat analysis to the
Authority within 30 days after becoming aware of the violation."
[2]
Monthly reporting due to a serious violation, in accordance
with N.J.S.A. 58:10A-6(f)(9) and 6(f)(10), as may be amended, which
now states: "Notwithstanding the reporting requirements stipulated
in a permit for discharges, a permittee shall be required to file
monthly reports with the commissioner or delegated local agency if
the permittee (1) in any month commits a serious violation or fails
to submit a completed discharge monitoring report and does not contest,
or unsuccessfully, the assessment of a civil administrative penalty
therefor; or (2) exceeds an effluent limitation for the same pollutant
at the same discharge point source by any amount for four out of six
consecutive months." Newton may restore the reporting requirements
stipulated in the permit if the permittee has not committed any of
the violations identified in this subsection for six consecutive months.
[3]
In accordance with 40 CFR 403.12(f) and N.J.S.A. 58:10A-6(f)(8),
all industrial users shall notify the POTW immediately of all discharges
that could cause problems to the POTW.
(d)
Process monitoring reports.
(e)
Incident reports.
(f)
Waste handling reports.
(g)
Any other records necessary to demonstrate compliance with the
Code of the Town of Newton, the industrial pretreatment inspection
report and with the state and federal pretreatment standards and requirements.
(2)
Such records shall be made available to the Town upon request by
the Town or its designee. A summary of such data indicating the industrial
user's compliance with this chapter shall be prepared and submitted
per permit requirements to the Town or its designee. Records shall
be retained for a minimum of five years throughout the course of any
pertinent litigation.
(3)
Permitted industrial users shall install at their own cost monitoring
equipment approved by the Town to facilitate the accurate observation,
sampling and measurement of wastes as required by the permit. Such
equipment shall be in working order and kept safe and accessible at
all times. Alternatively, the Town may choose to install such equipment
at its expense.
(4)
Whether constructed on public or private property, such monitoring
facilities shall be constructed according to requirements of the Town
and other applicable construction standards and specifications. Plans
and specifications for such work shall be submitted to the Town or
its designee for review and comments before construction.
H.
Admission to property.
(1)
In accordance with N.J.S.A. 58:10A-6(g), the Town or its designees,
upon the presentation of credentials, may enter upon the premises
of any discharger at any time for the purpose of inspecting or copying
any records required to be kept under this section and federal and
state regulations. Photography shall be allowed as related to the
discharge.
(2)
The Town or its designees, upon the presentation of credentials,
may enter upon the premises of any discharger, at any time, for the
purpose of inspection, investigation, installing monitoring equipment
or to conduct measuring, sampling, or testing of wastewater that is
discharged to the treatment works. Any attempt to delay the Town or
its designees from entering the property for the purposes of altering
the quantity or quality of the wastewater is a direct violation of
this chapter.
(3)
The Town or its designee shall be waived from any civil or criminal
act of trespass filed by the discharger when they enter the premises
occupied by the discharger for the sewer discharge related inquiries
or investigations.
I.
Compliance enforcement and penalties. The Town reserves the authority
to take appropriate enforcement action and/or assess penalties, as
allowed by the law, for failure by a discharger to the sanitary sewer
system to comply with the Town sewer regulations and/or any permit/approval
issued by the Town.
J.
Termination or suspension of discharge. Based upon noncompliance
with the Town's sewer connection, discharge prohibition, discharge
limits and/or other requirements stated in the rules, the Town may
suspend or terminate eligibility of a user to connect and/or discharge
to the Town sewer system after a written notification from the Town
Manager and a response period, as set forth in the written notification.
K.
Fees and charges. Applicable federal regulations require that each
user of a publicly owned treatment works (POTW) shall pay a fair and
equitable amount of the operation and maintenance of the system. A
POTW is designed to treat domestic wastewater, while nondomestic wastewater
may require variable treatment or may have different impacts on a
POTW and its operation than that of domestic wastewater. A user is
subject to sewer use charges in accordance with the Town of Newton
sewer regulations. A user may be subject to the following fees and
charges:
(1)
Sewer use fee for cost associated with management and treatment of
wastewater discharged to the Town's treatment plant and all tributary
sewers thereto.
(2)
Fees for review of any permit application, survey, any pretreatment
or construction permit, and/or any other project.
(3)
Expenses borne by the Town and/or its designee to review and investigate
any spill, slug discharge, accidental discharge or any other incident
cause by the user.
(4)
In an event any user shall violate an order of the Town or willfully
or negligently fail to comply with any provisions of these rules and
regulations, the Town may institute an appropriate action against
such person to recover the damages caused to its sewer and treatment
system as well as the costs incurred to rectify any treatment process
difficulties as may have occurred as a result of such violation, together
with reasonable attorneys' fees, court costs, court reporters' fees
and other expenses of litigation. The Town may use the Federal and
State Water Pollution Control Acts,[1] including the Federal General Pretreatment Regulations
under 40 CFR 403.8(f)(1)(vi), to recover these damages, costs, and
expenses.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq. and
N.J.S.A. 58:10A-1 et seq., respectively.
(5)
Sewer surcharges for the cost related to excess discharge loading
discharged by an industrial or other nondomestic discharge for treatment
of excess loading over the domestic equivalent discharge concentrations:
The sewer surcharge rates will be established by the Town based upon
the cost to treat per pound of the pollutant (BOD5, TSS, ammonia and/or phosphorus).
(6)
Any other fee as the Town may deem necessary to carry out the requirements
contained herein.
No person shall make or maintain any connection with the sanitary
sewer system in such manner that stormwater will empty into same.
A charge as set forth in § 100-19I shall be made for each sewer tap. The tap shall be made by the Department, and no person other than a member or agent of the Department shall make a tap without special written permission from the Superintendent. The owner shall make all necessary excavations in order to permit the tap to be made. No tap fees shall be required for any sewer tap when the tap has been installed by a developer or his agent prior to the acceptance of the sewer mains by the Town.
Whenever it appears to the satisfaction of the Superintendent
that a sewer main is located 10 feet or more below the surface of
the ground and no risers are provided, an owner installing a new service
connection to the main shall be entitled to be reimbursed to the extent
of $50 by reason of such excess depth, upon written application to
the Town.
A.
A charge in the amount as set forth in § 100-19J to be calculated and apportioned to the customer in accord with N.J.S.A. 40A:26A-11, shall be paid as a connection or tapping fee for the connection of any property to the sewer system.
[Amended 2-13-2012 by Ord. No. 2012-2]
B.
Any existing use which is converted to more than one dwelling unit
shall pay a sewer connection fee for each additional dwelling unit.
C.
All connection fees are due and payable prior to the issuance of
a building permit. Payment of the sewer connection fee is expressly
in addition to any other costs for constructing or installing any
lateral, main or other appurtenance to the Newton water system and
inspection fees or other municipal charges required of the applicant
in order to make said connection.
D.
The Utility Advisory Board reserves the right to review actual water use and/or sewer discharge to verify the accuracy of Subsection B of this section above. The service connection fee base estimates may be verified against actual performance for up to three years following the sewer connection. In making a determination of the sewer connection fee accuracy, the Utility Advisory Board may take into consideration such facts as the recorded water consumption of the enterprise, information provided by the enterprise in question, separated discharge of wastewater, unusual circumstances surrounding either the Newton treatment plant or enterprise operations, or any other pertinent factors.
E.
The Utility Advisory Board may recommend the modification or adjustment
of the sewer connection fee for commercial/industrial connections
provided that action is initiated within the above-mentioned three-year
period, and also provided that the owner is so notified of the decision
to adjust the connection fee in writing by certified or registered
mail not later than 30 days following such decision. Any adjustment
or modification of the connection fee base gallons per day must be
applied against the cost per gallon that was in effect when the user
in question initially connected to the Newton sewer system.
F.
Payment of the sewer connection fee is expressly in addition to any
other costs for constructing or installing any lateral, main or other
appurtenances to the Newton sewer system and inspection fees or other
municipal charges required of the applicant in order to make said
connection.
G.
It is the intent of the Town Council of the Town of Newton to establish sewer connection fees on an annual basis, in advance, with said sewer connection fees increasing annually in order to provide for the prompt repayment of such notes and/or bonds that may be or have been issued by the Town to pay for the capital improvements of the sewage treatment plant and collection system. The Town Council reserves the right to change the sewer connection fees set forth in § 100-19J at any time by ordinance duly enacted.
