[HISTORY: Adopted by the Merchantville Borough Council 12-11-1995. Amendments noted where applicable.]
A sewer utility for the operation of the sewage collection system is hereby established in and for the Borough of Merchantville, in the County of Camden, which shall be under the control of the Borough Council of the Borough of Merchantville. The name by which it shall be known shall be the "Merchantville Sewer Utility."
All future revenue and accounting therefor from said Sewer Utility shall be on a dedicated utility basis in conformity with the New Jersey Statutes Annotated of the State of New Jersey, N.J.S.A. 40A:4-33 et seq. All moneys derived from the operation of said Sewer Utility and any other moneys applicable to its support shall be segregated and kept in a separate fund which shall be known as the "Sewer Utility Fund," and all disbursements for the operation and maintenance of said Sewer Utility shall be taken from said Sewer Utility Fund.
The dedicated budget of this Sewer Utility shall include appropriations for operating expenses, capital improvements, debt service and for the payment of all sanitary sewer bonds, principal and interest and all other deferred charges and statutory expenses as may be required.
Any person or persons, firm or firms, corporation or corporations utilizing the sewage collection system of the Merchantville Sewer Utility shall be subject to the rules and regulations hereinafter adopted.
Application for connection to the sewage collection system shall be made, in writing, on a form to be furnished by the Sewer Utility and signed by the owner of the property for which said connection is being applied for or his authorized agent. A charge will be assessed for this connection at the time the application is made, as per the rules and regulations promulgated under § 70-12 of this chapter.
The Sewer Utility Collector shall report quarterly to the Borough Council all sewer connections applied for and/or issued within said quarter by type of unit, location, lot and block number and address.
The following rates are hereby established as of May 1, 2009 for sewer service rates for other than residential dwellings:
Connection Permit Fee: $1,207.00
[Added 4-13-2009 by Ord. No. 09-06]
The applicant will be responsible for payment of the installation of the lateral main from the sewer main to the premises. All sewer lines shall be at least two (2) feet below surface or finished grade to ensure against freezing. Said sewer lines shall be separated from the water and other service pipes by at least two (2) feet.
Inspections must be scheduled through the office of the Borough Clerk at least two (2) business days before any inspection is required and shall state the exact time when the trench will be opened and ready for inspection. In cases where a reinspection is required and, in consequence, the Sewer Utility agent is required to make additional trips for the purpose of making the reinspection, the extra expense caused by the additional trips shall be paid by the owner. These costs shall be paid pursuant to § 70-8C of this chapter.
The schedule of connection charges shall be set forth as per the rules and regulations promulgated under § 70-12 of this chapter.
A connection charge shall be imposed for each sewer connection, said connection fee to be determined per domestic consumer unit or equivalent domestic consumer unit in accordance with the following schedules, except where otherwise noted, appended hereto as Schedule A.
Editor's Note: Schedule A is available for inspection in the office of the Borough Clerk during regular business hours.
In the event that a business or structure is not described in the schedule, the Borough Council shall determine the minimum equivalent domestic consumer units.
Multiple use of an individual structure or group of structures shall be classified by the Borough Council to include all uses.
In the event that a business or structure is described in the schedule by general classification, but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the borough, in its discretion, may determine that a higher or lower connection charge, as the case may be, shall be charged.
If, after one (1) year, the applicant/owner has not shown proof of connection, the connection permit will be deemed invalid, and the fees will be retained by the borough.
The sewer service charges in the Borough of Merchantville shall be as follows:
[Amended 12-9-2002 by Ord. No. 02-15; 11-28-2005 by Ord. No. 05-16; 2-6-2006 by Ord. No. 06-11; 11-22-2010 by Ord. No. 10-14; 3-11-2013 by Ord. No. 13-03; 11-14-2016 by Ord. No. 2016-16]
For residential dwellings shall be two hundred fifty-six ($256.00) dollars per living unit per year. In the calendar year 2017 and thereafter, the sewer service shall be payable on April 1, 2017 in the amount of one hundred twenty-eight ($128.00) dollars, and October 1, 2017 in the amount of one hundred twenty-eight ($128.00) dollars.
In the calendar year 2017 and thereafter, the sewer service for a residential living unit which qualifies for a senior citizen tax deduction shall be payable on April 1 and October 1 of the calendar year in equal payments of sixty-five ($65.00) dollars.
In the calendar year 2017 and thereafter, the sewer service fee per commercial unit shall be payable in June and December of the calendar year in equal payments of one hundred five ($105.00) dollars, plus one dollar and fifty cents ($1.50) per 100 cubic feet of water used.
Bills shall be payable on or before June 1 and December 1 as they are rendered on a semiannual basis, in advance.
All charges for services not specifying a due date shall be due and payable when presented.
A penalty of one and one-half percent (1 1/2%) per month or fraction thereof will be assessed to all bills for charges not paid within thirty (30) days of the date on which said bill is due and payable. All bills shall be payable to the Merchantville Sewer Utility at the offices of the Merchantville Tax Collector.
Rates for uses other than residential uses shall be set by resolution of the Mayor and Borough Council.
In special cases not contemplated in the schedule of rates or not clearly defined therein, the Borough of Merchantville is hereby authorized to establish, by resolution, special rates as the Mayor and Borough Council may deem necessary to keep and maintain the Sewer Utility on a self-liquidating basis.
The owner of every existing house, building or structure and the owner of every house, building or structure hereafter to be constructed or acquired, which may be occupied or used by human beings, located on a street along the line of a sanitary sewer now or hereafter constructed or acquired in the Borough of Merchantville, where the property line of the lot contains such house, building or structure within one hundred fifty (150) feet of said sanitary sewer line, shall, within thirty (30) days after the date on which the service of such sewer is made available to such house, building or structure, install a toilet in such house, building or structure, unless a toilet is now installed therein or shall have been installed therein prior to such date, and connect said toilet and any other sewerage facilities emanating from said house, building or structure to the sanitary sewer system under and pursuant to the rules and regulations promulgated by the Borough Council and filed in the office of the Borough Clerk.
Connection required. If any such house, building or structure referred to herein shall be used for industrial or commercial purposes, the owner thereof shall, within thirty (30) days after the date on which the services of said sewer are made available to said house or structure or prior to occupancy or use of said house, building or structure, whichever date shall be later, install such facilities as are necessary to accept and dispose of industrial wastes emanating therefrom and connect such facilities with said sanitary sewer system under and pursuant to rules and regulations, which rules and regulations shall be filed in the office of the Borough Clerk.
Grease traps required. All commercial and institutional establishments, including but not strictly limited to all food preparation establishments, shall install and maintain grease traps in accordance with the following provisions:
All grease traps shall be installed in conformance with the most current National Standard Plumbing Code, or successor code, as may be applicable for such installations.
The installation of all grease traps shall be subject to the inspection and approval of the Plumbing Subcode Inspector.
Each facility requiring a grease trap shall be inspected twice a year or as may be deemed necessary by the Borough of Merchantville. Such inspection shall be performed by the borough licensed collection system operator, the Borough Plumbing Subcode Inspector, the Camden County Health Inspector and/or the Camden County Municipal Utility Authority Inspector.
The purpose of the inspection(s) required by Subsection B(3) above shall be to certify that the grease trap is being properly maintained in one (1) of the following ways:
By the submission of receipts from a registered hauler that the grease trap has been acceptably cleaned on a monthly basis by said hauler; in addition to this submission, the grease trap is subject to unscheduled verification by Fathometer to determine that the grease trap is not obstructed by over 20% of volume being occupied by residues to assure its acceptable operation;
By the submission of monthly analysis report results from a certified laboratory showing oil and grease testing of the effluent discharge, which results shall meet acceptable limits and testing of the grease content of the trap, which acceptable limits must be that the volatile acid contents are below 25 milligrams per liter and are therefore not rancid; or
By the appropriate recordkeeping certified by a responsible executive of the facility indicating the self-cleaning of the solid and floating residues from the grease trap on at least a monthly basis. Such residues are to be shown as acceptable for processing as a by-product-usable substance, able to be incinerated in an acceptable, licensed burning facility or able to be transported off site by a registered hauler.
No grease or grease residue may be disposed of in trash receptacles. All grease traps shall be cleaned at least every 30 days and recycled by a registered hauler.
All recycled grease shall be reported to the Borough Director of the Sewer Utility on a quarterly basis, no later than April 15, July 15, October 15 and January 15 for the preceding calendar quarter, on forms to be provided by the Director of the Sewer Utility.
The following records must be maintained on the premises, for inspection as part of the inspections to be conducted as set forth in Subsection B(3) above:
The date or dates the grease trap is cleaned.
The quantity and amount of grease removed from the trap.
The name of the person, firm or entity cleaning the trap.
The date and quantity of grease removed from the premises by a registered hauler.
The name, address, telephone number and registration number of the registered hauler.
The place (including address) of disposal of the grease utilized by the registered hauler.
If the owner of any house, building or structure referred to herein shall fail to make any installation or connection required by this chapter within the time herein required, the borough may proceed to make such installation or connection or cause the same to be made and assess the cost thereof as a lien against such house, building or structure pursuant to and in accordance with the provisions of N.J.S.A. 40:63-52 through 40:63-64.
Editor's Note: N.J.S.A. 40:63-52 through 40:63-64 was repealed by L. 1991, c. 53, § 1, effective January 1, 1992. See now N.J.S.A. 40A:26A-11 through 40A:26A-14.
The Borough Council of the Borough of Merchantville may promulgate by resolution rules and regulations for the efficient operation of the Merchantville Sewer Utility, including but not limited to the assessment of fees, penalties and charges. All rules and regulations so promulgated shall control the operation of the Merchantville Sewer Utility. All rules and regulations so promulgated shall be filed in the office of the Borough Clerk and shall be effective upon publication.
In addition to or in lieu of the above fines and penalties, any person who violates the provisions contained in § 70-10B above shall, upon conviction thereof, be subject to the mandatory fines established by the New Jersey Department of Environmental Protection and Energy for each instance of noncompliance, including the provision for escalation of penalties for the occurrence of repeat violations within a period of four months, all pursuant to the New Jersey Clean Water Enforcement Act. Willful gross violations, including false certification, may be prosecuted by the borough as perjury, including the cessation of the commercial or institutional operation, with a fine of not less than $100.00 nor more than $5,000.00 and/or a term of imprisonment not exceeding 90 days.