Editor's Note: The power of the municipality to acquire,
construct, finance, operate and maintain water supply facilities and
sewerage services is provided by N.J.S.A. 40A:31-1 et seq., and N.J.S.A.
40A:26A-4 et seq.
[2000 Code § 14:1-1]
As used in this chapter:
shall mean the Federal Clean Water Act, as amended.
shall mean the quantity of oxygen used in the biochemical
oxidation of organic matter under standard laboratory procedure in
five (5) days at twenty degrees Centigrade (20 C), expressed in milligrams
per liter.
shall mean any structure located within the Borough. It shall
include both residential and commercial structures and includes condominiums,
single-family and multi-family units.
shall mean the extension from a building wastewater plumbing
facility to the public wastewater facility.
shall mean the Cape May County Municipal Utilities Authority.
shall mean a sewer intended to receive both wastewater and
storm or surface water.
shall mean and include any property occupied by a nonresidential
establishment not within the definition of an "Industry User (Class
III)", and which is connected to the wastewater facilities.
shall mean the user of any water furnished by the Borough.
shall mean a device, fitting or assembly of fittings installed
in the building sewer line to prevent circulation of air between the
drainage system of the building and the municipal sewer system.
shall mean the twenty-four (24) hour period beginning 12:01
a.m.
shall mean the Department of Public Works and Public Utilities.
shall mean the Director of the Department of Public Works
and Public Utilities.
shall mean a single or multi-family residential unit and
is included within the definition of "building" above.
shall mean the United States Environmental Protection Agency.
shall mean those costs which are over and above normal operating
and maintenance costs incurred as a result of actions of a person
or persons.
shall mean any opening in the sanitary sewer system that
allows fresh air circulation to flow through the main sewer drain
line and out the building venting system.
shall mean the solid animal and vegetable wastes resulting
from the domestic or commercial handling, storage, dispensing, preparation,
cooking, and serving of foods.
shall mean a device designed to prevent grease and similar
substances from entering the sanitary sewer system. It shall have
the meaning prescribed by the Uniform Construction Code or any component
or subpart thereof.
shall mean any nonresidential user whose waste does not meet
the restricted discharge requirements set forth in this Chapter.
shall mean inhibition or disruption of any sewer system,
wastewater treatment process, sludge disposal system, or their operation,
which substantially contributes to a violation of applicable discharge
permits.
shall mean any outlet into a watercourse, pond, ditch, lake,
or any other body of surface or groundwater.
shall mean the New Jersey Department of Environmental Protection.
shall mean National Pollutant Discharge Elimination System/New
Jersey Pollutant Discharge Elimination System shall mean the program
for issuing, conditioning and denying permits for the discharge of
pollutants from point sources into the navigable waters, the contiguous
zone and the ocean as it applies to the CMCMUA permit to discharge.
shall the person or persons who legally own, lease, or occupy
private property with wastewater facilities which discharge, or will
discharge, to the wastewater facilities.
shall mean an individual, firm, company, association, society,
partnership, corporation, governmental unit, or other similar organization,
agency, or group. The term includes the owner, occupant(s), tenants,
sub-tenants and licensees of any "building," "dwelling," or "structure"
within the Borough. The term includes the singular and the plural
and both the masculine and feminine gender.
shall mean the logarithm of the reciprocal of the hydrogen
ion concentration expressed in grams per liter of solution as determined
by Standard Methods.
shall mean one (1) physical unit, which is defined as a property
not divisible for sale or ownership by more than one (1) owner or
group of owners.
shall mean the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to discharge to the wastewater facilities.
shall mean garbage that has been shredded to such a degree
that all particles will be carried freely under flow conditions normally
prevailing in the wastewater sewers, with no particle greater than
one-half (1/2) inch in any dimension.
shall mean any vacant ground, building, dwelling or structure
located within the Borough, which is serviced by, or the applicant
for service by, the Department of Public Works and Utilities of the
Borough of Avalon.
shall mean the premises used only for human residency and
which is connected to the wastewater facilities.
shall mean wastewater discharged from the sanitary conveniences
of dwellings, office buildings, industrial plants, or institutions.
shall mean the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, Water Pollution Control Federation and American
Water Works Association.
shall mean a sewer for conveying storm, surface, and other
waters, which is not intended to be transported to a treatment facility.
shall mean any improvement constructed upon any vacant ground
situate in the Borough. It may be habitable or uninhabitable. The
term includes the definition of the term "building," "dwelling" and
to the extent applicable, the term "property."
shall mean water which occurs when the rate of precipitation
exceeds the rate at which water may infiltrate into the soil.
shall mean total suspended matter that either floats on the
surface of, or is in suspension in, water or wastewater as determined
by Standard Methods.
shall mean any of the pollutants designated by Federal regulations
pursuant to Section 307(a)(1) of the Act.
shall mean a paved or other surface which is accessed by
motor vehicles.
shall mean a combination of liquid and water-carried wastes
from residences, commercial buildings, industries, and institutions,
together with any groundwater, surface water, or storm water or other
infiltration that may be present.
shall mean the combination of the wastewater sewers, pumping
stations, appurtenances and treatment facilities.
shall mean the structures, processes, equipment and arrangements
necessary to collect and transport wastewaters to the treatment facility.
Wastewater treatment facility shall mean the structures, processes,
equipment and arrangements necessary to treat and discharge wastewater.
shall mean the Water Pollution Control Federation.
[2000 Code § 14:1-2; amended 9-14-2022 by Ord. No. 851-2022]
a.
An application for connection to the water distribution system, or
any change to the existing service, shall be made, in writing, on
a form furnished by the Construction Division and signed by the owner
of the property which is the subject of the application or by such
owner's authorized agent.
b.
An application fee of $350 shall be paid with the application and
1/2 of which ($175) shall be applied to the total cost of the connection
but only if the total estimated cost and escrow is paid in full to
the Borough within 120 calendar days after the Borough notifies the
owner or owner's authorized agent of the total cost involved in such
connection. Such notification by the Borough shall be made by certified
mail or by email sent to the address designated for each in the application.
c.
If the full amount, including the required escrow, is not paid within
such time, the application shall be deemed withdrawn and the entire
application fee shall be retained by the Borough as compensation for
administrative costs involved in reviewing and processing the application.
The Borough shall have no obligation to apply such fee or any portion
thereof to any subsequent application for connection to the water
distribution system.
d.
The total cost of installation shall be the total estimated cost
of installation as determined by the Borough or its designated agent,
plus an additional escrow amount equal to 20% of the estimated cost
of installation. The cost estimate shall include the cost of street
excavation and restoration. The escrow will cover any contingencies
encountered in the installation process. Any excess will be refunded
to the applicant. Any expense incurred more than the escrow balance
shall be paid by the applicant to the Borough upon demand.
e.
Escrow account. The escrow account required by this chapter shall
be known as the "Borough of Avalon Water and Sewer Escrow Account"
and shall be established with such banking institutions as determined
by the Chief Financial Officer who shall administer the same. Any
expense to be charged against the escrow account or any refund of
any amount to the owner or owner's authorized agent in accordance
with the provisions of this chapter shall be handled administratively
by the Chief Financial Officer in accordance with such rules, regulations,
and policies as the Chief Financial Officer may, from time to time,
establish, and a resolution of Borough Council authorizing same shall
not be required since no public funds shall comprise such escrow account
or any portion thereof. Any escrow account established pursuant to
this subsection shall not bear interest and the owner or owner's agent
shall not be entitled to receive interest on any escrow amount.
f.
Municipal lien. Any balance owed for the installation of water service
which remains unpaid for 60 or more days after invoicing and demand
for payment shall constitute a municipal lien and the amount unpaid
shall be certified by the Collector of Utility Payments to the Collector
of Taxes, and the Tax Collector shall proceed to collect said amount
in the same manner as the collection of taxes and other municipal
charges.
[2000 Code § 14:1-3; amended 9-14-2022 by Ord. No. 851-2022]
Upon receipt of payment in full from the owner or owner’s authorized agent as described in Subsection 14-1.2 hereof, the Borough will schedule the installation of the approved service which shall include the corporation, water meter, water meter setter, curb stop, meter box, laterals including excavation costs, restoration, and paving. The curb box and the meter shall be installed in the area between the curb and the sidewalk or, if not practicable, then at such other location to be determined by the Borough.
[2000 Code § 14:1-4]
All water lines between the main and the water meters, including
the meters and meter boxes are the property of the Borough and shall
be maintained by the Department insofar as ordinary wear and tear
are concerned, but damage due to hot water or external causes shall
be paid for by the owner. Each building water service shall be installed
with a ground stop valve, to be installed as required by this Chapter
and shall be located between the meter and the building. The service
line shall be installed at a minimum depth of thirty (30") inches
below ground in order to prevent freezing. All plumbing connections
shall be designed to withstand a working pressure of at least one
hundred twenty-five (125) pounds per square inch. The provisions hereof
shall apply only to new construction or to replacements of existing
service on and after the effective date hereof.
[2000 Code § 14:1-5]
The owner and occupant(s) of each building supplied with water
by the Borough shall be prohibited from supplying water to any other
building or person without the express written consent of the Department
Head or his designee.
[2000 Code § 14:1-6]
The disconnection, removal or tampering with water meters, including
efforts to turn water on or off at the meter, by anyone other than
Borough authorized personnel, or a New Jersey Licensed Master Plumber
who has received appropriate written authorization or permit from
the Borough, is prohibited. The unauthorized entry into a water meter
pit is also prohibited.
[2000 Code § 14:1-7]
No official, employee or agent of the Borough shall have authority
to bind the Borough by any promise, agreement or representation not
provided for in this chapter or the regulations promulgated pursuant
thereto.
[2000 Code § 14:1-8]
a.
Water Leaks; Burst Pipes. The Borough shall not be held liable or
accountable for any damage which may result from water leaks, burst
water pipes, or from any other causes connected with the supplying
of water in occupied or unoccupied buildings.
b.
Line Maintenance Responsibility. The property owner and occupant(s)
shall be responsible for the maintenance of the service line between
the water meter and the premises, and shall keep such service line
in good repair and protected at all times from damage of any kind,
and shall be held liable for loss of water resulting from failure
to do so. All leaks in the service line shall be promptly reported
to the Department.
[2000 Code § 14:1-9]
The Borough undertakes to use reasonable care and diligence
to provide a constant supply of water through its mains to consumers,
but reserves the right at any time, without notice, to shut off the
water in its mains for the purpose of making repairs or extensions
or for other purposes. The Borough shall not be liable for a deficiency
or failure in the supply of water, regardless of cause, nor for damage
caused by bursting or breaking of any main or service pipe, or for
any other causes whatsoever.
[2000 Code § 14:1-10]
All extensions of the present water system, which shall include
the laying, construction or placing of mains, fittings or other connections,
shall be done in accordance with N.J.S.A. 40:56-1 et seq., as the
same may be amended or supplemented.
[2000 Code § 14:1-11]
All mains and other improvements made at the expense of any
person shall be the property of Borough and shall, after inspection
by the Borough Engineer and Department, and their approval, be the
responsibility of the Borough for care, maintenance and repair. Right
of ways and easements shall be granted the Borough for use in the
care, maintenance and repair of system components. However, the Borough
shall not be held responsible for damage to private property from
system component failure or from performance of work on the system.
[2000 Code § 14:1-12]
The Borough shall have the right to limit the use of water for
any specific purpose. This may be necessary due to excessive demand
or the inability to maintain adequate pressure. When such conditions
exist, the Borough will make one or more public announcements concerning
the nature and extent of the situation then existing.
[2000 Code § 14:1-13.1]
All capping of existing water lines shall be inspected by the
Borough Plumbing Subcode Official or Construction Official before
any permit or permits are issued for the demolition or removal of
a structure on the property. The location of all water service lines
shall be etched on the curb by the plumbing contractor and recorded
by the Construction Official or his designee.
[2000 Code § 14:1-13.2]
Any damage to water meters or meter boxes which occurs during
construction or demolition shall be the sole responsibility and obligation
of the contractor or owner.
[2000 Code § 14:1-14]
In addition to those powers specifically enumerated in this
chapter, the Department of Public Works and Public Utilities, shall
have such further power as may be necessary or reasonably required
in order to carry out the intent and purpose of this subchapter and
in furtherance of the protection of the public health, safety and
welfare.
[2000 Code § 14:1-15.1]
Water service may be discontinued for any of the following reasons:
a.
For the use of water for any other property or purpose than that
described in the application.
b.
For willful waste of water through pipes or fixtures which are broken,
dilapidated, in need of service or repair, or otherwise.
c.
For failure to maintain in good order, connections, service lines
or fixtures owned by the property owner.
d.
For molesting or tampering, or attempting to molest or tamper, with
any service pipe, curb stop, seal, water meter, or any other appliance
of the Department of Public Works and Public Utilities, or for any
reason causing or tending to cause a loss to the Department.
e.
For nonpayment of bills for water consumed or services rendered and
fines and penalties imposed, or for any other reason causing or tending
to cause a loss to the Department of Public Works and Public Utilities.
f.
In case of vacancy of premises.
g.
Turnoff for leaks; notification; fee.
[Added 3-23-2022 by Ord.
No. 835-2022]
1.
Notwithstanding any other ordinance, law, rule, or regulation to
the contrary which is contained in this chapter or in any other chapter
of the Avalon Borough Code, whenever any Borough employee, representative,
agent, or any other person observes any condition that appears to
demonstrate a leak in the water system occurring at any property,
such observation shall be brought to the attention of the Department
of Public Works and Utilities ("DPWU"), or any third-party entity
operating the Borough Water System (water, wastewater and stormwater
systems) and, upon being satisfied that such condition(s) warrant
the prompt or immediate turnoff of the water supply to the premises,
the Director, or his designee, shall so order and direct.
2.
Upon directing or approving the shutoff, the Director of DPWU, or
his designee, shall immediately, or on the next business day if the
shutoff occurs on a weekend or holiday, notify the Collector of Utility
Payments who shall then promptly notify the property owner of such
action by the Borough by the most expedient means available such as
telephone, or email if such information is available, and to be followed
and confirmed by letter, and if such contact information is not available,
then notice shall be given by mail at the address indicated on the
Borough tax records. The water shall remain off until the necessary
repairs are made and the water is turned on by a licensed plumber.
3.
The decision of the Director of DPWU or his designee shall be final
and conclusive. The property owner shall be charged the sum of $250
for such turnoff of water service and said sum shall be collected
with the next water bill installment and, if not paid, shall be treated
as a delinquent payment and the Collector of Utility payments shall
proceed as with all other delinquent accounts.
[2000 Code § 14:1-15.2]
a.
When requested by the property owner or his agent, the Department
of Public Works and Utilities shall discontinue service to a property.
A turn-off charge shall be made for discontinuing the service and
a turn-on charge shall be made when the service is restored, as follows:
|
Size of Meter
|
Turn Off Charge
|
Turn On Charge
|
|---|---|---|
|
5/8" x 3/4"
|
$50.00
|
$50.00
|
|
3/4"
|
$50.00
|
$50.00
|
|
1"
|
$56.25
|
$56.25
|
|
1 1/2"
|
$112.50
|
$112.50
|
|
2"
|
$180.00
|
$180.00
|
b.
No adjustment of water charges due to failure of the Department of
Public Works and Utilities to discontinue or restore water service
as requested by a property owner shall be made unless the request
is in writing and duly filed in the Office of the Collector of Utility
Payments. When water is turned on or off at the request of the property
owner, there will be no proration of the minimum quarterly charge,
including the initial turn-on.
[2000 Code § 14:1-15.3]
When water service has been discontinued for any of the reasons
in this chapter, service shall not be restored until the defects have
been remedied, the bills due have been paid and a charge paid to cover
the cost of turning on the water as established in this chapter. Furthermore,
the property owner shall be liable for any loss sustained by the Borough
as a result of a violation of its regulations.
[2000 Code § 14:1-16; amended by Ord. No. 650-2012; Ord. No. 719-2015 § 1; Ord. No. 759-2017; Ord. No. 772-2018; 8-9-2023 by Ord. No. 866-2023; 4-24-2024 by Ord. No. 877-2024]
a.
Schedule of Fees.
1.
The following schedules shall apply to water usage or consumption
within the Borough (Schedule W) and water and sewer rates and charges
(Schedule WS) effective September 1, 2023:
|
Schedule W - Water Only
| ||||
|---|---|---|---|---|
|
Meter Code
|
Meter Description
|
Quarterly Allowance
|
Excess Charge
(per gallon)
|
Base Water Charges
|
|
W58
|
5/8" X 3/4"
|
10,000
|
$0.0024
|
$50
|
|
W75
|
3/4"
|
15,000
|
$0.0024
|
$72
|
|
W10
|
1"
|
25,000
|
$0.0024
|
$122
|
|
W15
|
1 1/2"
|
50,000
|
$0.0024
|
$243
|
|
W20
|
2"
|
80,000
|
$0.0024
|
$389
|
|
W40
|
4"
|
256,000
|
$0.0024
|
$1,246
|
|
Schedule WS - Water and Sewer
| |||||
|---|---|---|---|---|---|
|
Meter Code
|
Units
|
Meter Description
|
Quarterly Allowance
|
Excess Charge
(per gallon)
|
Base Water and Sewer Charges
|
|
WS58
|
1
|
5/8" X 3/4"
|
10,000
|
$0.0061
|
$162.50
|
|
WS58
|
2
|
5/8" X 3/4"
|
20,000
|
$0.0061
|
$325
|
|
WS58
|
3
|
5/8" X 3/4"
|
30,000
|
$0.0061
|
$487.50
|
|
WS58
|
4
|
5/8" X 3/4"
|
40,000
|
$0.0061
|
$650
|
|
WS58
|
5
|
5/8" X 3/4"
|
50,000
|
$0.0061
|
$812.50
|
|
WS58
|
6
|
5/8" X 3/4"
|
60,000
|
$0.0061
|
$975
|
|
WS58
|
7
|
5/8" X 3/4"
|
70,000
|
$0.0061
|
$1,137.50
|
|
WS58
|
8
|
5/8" X 3/4"
|
80,000
|
$0.0061
|
$1,300
|
|
WS75
|
1
|
3/4"
|
15,000
|
$0.0061
|
$244
|
|
WS10
|
1
|
1"
|
25,000
|
$0.0061
|
$406
|
|
WS15
|
1
|
1 1/2"
|
50,000
|
$0.0061
|
$812
|
|
WS20
|
1
|
2"
|
80,000
|
$0.0061
|
$1,300
|
|
WS40
|
1
|
4"
|
256,000
|
$0.0061
|
$4,166
|
|
NOTES:
| |
|
* Former hotel/motels currently condo'd shall be charged the
base rate according to the size of meter used and $81.25 per unit
serviced.
The allowance shall be according to the size of the meter and
5,000 gallons additional allowance per unit charged. Excess water
and sewer and MUA shall be charged in the same manner as other meters
according to excess usage.
|
2.
Each customer shall be charged rents, rates, fees, or other charges
for the direct or indirect connection with or use of services of the
Borough water and sewage system effective September 1, 2023, in accordance
with Schedule W and Schedule WS as set forth above.
b.
Excess Water/Sewer Use. Any water used in excess of the minimum quarterly
allowance on Schedule W will be billed at the rate of $0.0024 per
gallon. Any water/sewer used in excess of the minimum quarterly allowance
on Schedule WS shall be billed at the rate of $0.0061 per gallon.
c.
Minimum quarterly charges shall be billed quarterly, in advance.
d.
An annual sewer infrastructure and processing charge shall be paid
by each consumer connected to the system. The annual charge will be
used to pay the fees levied by the Cape May County Municipal Utilities
Authority (CMCMUA). Such charges will be billed in equal quarterly
installments. Each installment shall be based on the usage calculated
for the previous October quarterly billing and will be billed as follows:
e.
Rates for former hotel/motels currently existing as individual condos
shall be charged the base rate according to the size of the meter
used and $81.25 per unit serviced. The allowance shall be according
to meter size and 5,000 gallons additional allowance per unit charged/serviced.
Excess water/sewer and MUA shall be charged in the same manner as
all meters according to excess usage.
g.
A quarterly
charge of $10 per each water/sewer meter will be assessed for the
next four years to offset the cost of compliance with federal and
state lead service line testing and remediation. The quarterly charge
will start with the July 2024 billing and continue through the next
16 billing cycles ending with the April 2028 billing.
h.
The Chief Financial Officer, in consultation with the Collector of Taxes and Utility Payments, and with the consent and approval of the Borough Administrator, is hereby authorized to adopt reasonable rules and regulations for the efficient administration and enforcement of this section (§ 14-5). Such rules and regulations shall be in writing and shall be filed with the Borough Clerk, and thereafter presented to Borough Council at the next regularly scheduled meeting, or as soon thereafter as may be reasonably expedient. Borough Council may either approve, reject, or modify such rule or regulation by resolution. Such rules and regulations shall have the force of law once approved by Borough Council as provided in N.J.S.A. 40:69A-183. Once approved, Borough Council shall provide for the prompt publication of such rules and regulations.
[2000 Code § 14:1-17.1]
There shall be a charge of seventy-two ($72.00) dollars annually,
payable on June 1 of each year, for each public fire hydrant.
[2000 Code § 14:1-17.2]
No person, unless authorized by the Department of Public Works
and Utilities, shall take water from any public fire hydrant except
for fire purposes.
[2000 Code § 14:1-17]
No person shall in any manner obstruct or prevent free access
to any fire hydrant, or place or store any object, material, debris
or structure of any kind within a distance of five (5) feet of any
hydrant. Any obstruction, when discovered, shall be removed by the
Department of Public Works and Utilities at the expense of the person
responsible for the obstruction.
[2000 Code § 14:1-18]
a.
For each size connection to be used exclusively for extinguishment
of fires, per quarter:
|
Connection
(inches)
|
Per Quarter
|
|---|---|
|
1
|
$9.38
|
|
2
|
$15.75
|
|
4
|
$31.50
|
|
6
|
$75.00
|
|
8
|
$150.00
|
b.
Bills for this service shall be payable quarterly in advance on the
first (1st) day of January, April, July and October.
c.
No additional charge will be made for sprinkler heads, fire hydrants,
or other fire fighting facilities which may be attached to a private
fire service connection, and no charge shall be made for water used
in extinguishing a fire or for underwriter's tests where service is
furnished under this section.
d.
The size of a private fire service connection shall in no case exceed
eight (8") inches in diameter.
e.
The rates provided in this subsection shall be available only for
service connections used exclusively for the extinguishment of fires.
If determined necessary by the Borough, a Department of Public Works
and Public Utilities approved meter will be installed at the cost
and expense of the customer for Department purposes to determine if
water is used for any other purposes, and in the event of such other
use, the regular applicable schedule of rates shall apply.
[2000 Code § 14:1-19]
a.
In special cases not covered in the schedule of rates, or not clearly
defined therein, the Borough is authorized to establish by Resolution
special rates which the Borough Council may deem necessary to keep
and maintain the Water Utility on a self-liquidating basis.
b.
In the case of late billings, the Borough is authorized to adjust
the due date for that particular quarterly bill by Resolution.
[2000 Code § 14:1-20.1]
All charges for water service and related charges shall be due
and payable upon presentation of a statement unless such statement
should specify a specific date on which payment is due. All bills
shall be paid to the Collector of Utility Payments or such other authorized
person or agent. Charges for water rates, rentals and connection fees
or other charges shall be a first lien or charge against the property
benefitted therefrom.
[2000 Code § 14:1-20.2]
If any part of the amount due and payable in rates, rentals,
connections fees, or other charges remains unpaid for thirty (30)
days following the date for the payment thereof, interest for the
amount unpaid shall accrue at the same rate charged by the Borough
for delinquent property taxes.
[2000 Code § 14:1-20.3]
Water service may be discontinued to any property for failure
to pay any amount owing more than sixty (60) days after the due date.
Prior to discontinuing service, written notice of the proposed discontinuance
of service and the reason therefor shall be given to the owner of
the property at least ten (10) days prior to the discontinuance. In
the event that notice is provided by mail, the notice requirements
shall be satisfied if the mailing is made to the last known address
of the owner of record and is postmarked at least ten (10) days prior
to the date of discontinuance. In the discretion of the Borough, notice
or proposed discontinuance may also be given to the occupant(s) of
any such property. Such notice to the occupant(s) shall be satisfied
by the delivery of a written notice to the premises and leaving the
same at such property.
[2000 Code § 14:1-21]
Any person receiving a supply of water for any purpose from
the Department of Public Works and Public Utilities shall be subject
to the rules and regulations established by this Chapter.
[2000 Code § 14:1-22]
All properties requiring or desiring water shall be connected
with the water system of the Borough and shall not use any private
well, pump or other means for the furnishing of potable water to any
premises.
[2000 Code § 14:1-23]
Where two (2) or more customers are supplied through a single
service line, any violation of the rules of the Department of Public
Works and Utilities and the Borough with reference to either or any
of such customers, as the case may be, shall be deemed a violation
as to all, and the Department may take such action as could be taken
if it were used by a single customer. After December 4, 1968, a single
service line shall not be permitted to serve more than one physical
unit.
[2000 Code § 14:1-24]
No private water system shall be connected in any way to the
Borough water system.
[2000 Code § 14:1-25]
Should a consumer believe that the meter is not registering
properly, the consumer shall file a written complaint with the Department
of Public Works and Utilities, whereupon the meter will be removed
and tested by the Department of Public Works and Utilities. If it
is found to register against the consumer by less than three (3%)
percent, the cost of making the test shall be charged to the consumer,
but in no case will the charge be less than fifty ($50.00) dollars.
If it is found to register against the consumer by more than three
(3%) percent, the charge for water during the period of such failure
shall be computed on the basis of average consumption over the preceding
four (4) quarters prior to the reporting of the meter malfunction,
and if information is not available for the preceding four (4) quarters,
then the adjustment shall be based on such number of preceding quarters
for which information is available. If no prior records exist for
the property, then the adjustment shall be made using other available
information. Such adjustments shall be made by the Collector of Utility
Payments following the procedure established by the Borough. The Department
of Public Works and Utilities shall have the right to make periodic
tests of all meters at no cost to the consumer.
[2000 Code § 14:1-26]
All connections shall be metered and the use of water without
a meter makes the property owner liable for an amount of water consumed
as estimated by the Department of Public Works and Utilities in addition
to any penalties imposed under this section. No fixture of any kind
from which water might be drawn shall be placed on the street side
of a meter. The Borough may order the water supply discontinued upon
repeated offenses.
[2000 Code § 14:1-28; amended 4-10-2024 by Ord. No. 876-2024]
The provisions of Subsections 14-15.1, 14-15.2, and 14-15.3 shall apply only in the event of the Declaration of a Water Emergency in accordance with the provisions of this Chapter. The provisions of Subsection 14-15.4 shall apply generally and universally even in the absence of the Declaration of a Water Emergency. The intention of this section is to conserve water and maintain adequate and safe levels in the Borough water tanks and to avoid or prevent, to the greatest extent possible, the occurrence of circumstances that would require the Declaration of a Water Emergency. Whenever the Borough Council shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the Borough. Such resolution shall be adopted by the Borough Council at any regular, special, adjourned or emergency public meeting of the Borough Council. Such resolution shall identify that portion or portions of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in this section is being imposed, as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for ninety (90) days, unless extended or repealed as authorized by this chapter. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
a.
Any public utility providing water service or any municipal utility
providing water service to all or a portion of the Borough has adopted
water use restrictions, has notified the municipality, the New Jersey
Board of Public Utilities, and the New Jersey Department of Environmental
Protection, as well as any other State, County or local agency entitled
to notice of such restrictions, and such restrictions are not overruled
or declared invalid by any State, County or local agency having the
jurisdiction and power to do so; or
b.
The Borough Council is otherwise satisfied that a water emergency
exists in the municipality.
[2000 Code § 14:1-29.1]
Upon adoption by the Borough Council of a resolution declaring
that a water emergency exists in the Borough in accordance with this
section, all citizens shall be urged to observe voluntary indoor conservation
measures and, any of the following water use restrictions shall be
imposed and shall be applicable to all residents and tenants except
where a bona fide health emergency exists and to exempt businesses,
as specified herein, during the water emergency:
a.
The complete ban and prohibition of outside water usage, including
the watering of lawns and plants, the filling of pools and the washing
of cars; or
b.
Outside water usage on alternate days allowing outside water usage
by persons or businesses having even house or box numbers on even
days, and those having odd house or box numbers on odd days, with
outside water usage being completely banned and prohibited on the
31st day of any month during the water emergency; or
c.
Any other water use restrictions specified by the Borough Council
in the resolution required by this section which is reasonable under
the circumstances considering the nature and extent of the water emergency.
d.
Any water restriction imposed pursuant to this section shall be limited
in application to that portion of the Borough, which may include the
entire Borough, identified as being affected by the water emergency
in the resolution of the Borough Council adopted in accordance with
this section.
[2000 Code § 14:1-29.2]
The resolution of the Borough Council required by this section
shall provide a period of time during which the water use restrictions
imposed shall be applicable and which shall be no longer than reasonably
necessary to abate the water emergency under the circumstances considering
the nature and extent of the water emergency. At the expiration of
the time period specified in the resolution, the water use restriction
shall lapse and be inapplicable and unenforceable. If the Borough
Council shall be satisfied that the water emergency has been abated
prior to the expiration of the time period specified in the resolution,
it shall adopt a resolution declaring the water emergency ended and
the water use restrictions inapplicable. If, at the expiration of
the time period specified in the resolution, the Borough Council shall
be satisfied that the water emergency continues to exist, it may adopt
a resolution in accordance with the requirements of this section continuing
the water use restrictions.
[Ord. No. 654-2012 § 3;
amended 4-10-2024 by Ord. No. 876-2024]
These provisions of this section are intended to apply generally
to all irrigation in the Borough as defined herein and shall apply
at all times even in the absence of a Declaration of Water Emergency.
a.
All existing irrigation systems, watering of lawns and planting beds,
shall be restricted to the following schedule:
1.
All
properties on which the last digit of the house number is an odd number
may irrigate on odd-numbered calendar days beginning no earlier than
April 1 of each year and ending no later than November 15 of each
year.
2.
All
properties on which the last digit of the house number is an even
number, or a “0,” may irrigate on even-numbered calendar
days beginning no earlier than April 2 of each year and ending no
later than November 16 of each year.
3.
All
irrigation shall take place between the hours of Midnight and 9:00
a.m. daily.
4.
Irrigation
is restricted to a maximum of 30 minutes per day.
5.
Flower
boxes may be watered everyday April through November.
6.
Newly
installed lawns and/or landscape beds may be irrigated as needed for
the first 21 days following installation. After 21 days, the irrigation
schedule set forth in this section shall apply.
[2000 Code § 14:1-30.1; amended 4-10-2024 by Ord. No. 876-2024]
The water use restrictions imposed pursuant to this section
shall be enforced by:
[2000 Code § 14:1-30.4; amended 4-10-2024 by Ord. No. 876-2024]
Whenever the enforcement official designated herein shall find
a violation of the water use restrictions, such enforcement official
shall give the violator a written warning and explain the penalties
for a second and third offense as provided by this section. The local
authorized official shall keep such records as may be reasonable and
necessary for the purpose of determining the persons and businesses
who have been warned upon a first offense. Any enforcement official
issuing a warning shall forthwith transmit a record of such warning
to the local authorized official so that an appropriate record can
be maintained as required by this section. The local authorized official
and the other enforcement officials designated herein are hereby empowered
to write summonses for the violation of the water use restrictions
imposed pursuant to this section.
[2000 Code § 14:1-31; New; amended 4-10-2024 by Ord. No. 876-2024]
Any person or business who thereafter violates the water use
restrictions imposed pursuant to this section shall, upon conviction,
be subject to the following:
b.
Second Offense. A fine in the minimum amount of $100 and in the maximum
amount of $500 or imprisonment for a term not to exceed 10 days or
both. In addition, an appropriate term of community service may be
imposed by the Court not to exceed 30 days.
c.
Third and Subsequent Offense(s). A fine in the minimum amount of
$100 and in the maximum amount of $1,250 or imprisonment for a term
of 30 days or both. In addition, an appropriate term of community
service may be imposed by the Court not to exceed 30 days.
[2000 Code § 14:1-32]
Nothing contained in this section shall be construed as prohibiting
or precluding the issuance of multiple complaints for a violation
of this section, notwithstanding the fact that such multiple complaints
may issue on the same date, where the action or conduct of the perpetrator
undertaken in violation of this section is of a continuous or ongoing
or repetitive nature which is carried out in violation of this section.
Under such circumstances, the local authorized official may, in his
discretion, issue or cause to be issued a complaint for each hour
that the offending activity continues in existence in violation of
this section provided however that where multiple complaints are to
issue, at least one (1) hour shall intervene between the issuance
of subsequent complaints.
[2000 Code § 14:1-33]
It shall be the duty of the Mayor, Business Administrator, Director
of the Department of Public Works and Utilities, or their designee
in charge of the Division of Water and Sewer Services, or any of them,
to immediately notify Borough Council, and the members thereof, of
the existence of any facts or circumstances which give rise or are
likely to give rise to the existence of a water emergency such that
a declaration of water emergency should be called pursuant to this
section and restrictions on water usage imposed. Such information
shall be communicated by the Mayor or Business Administrator or other
official designated herein to the Borough Council and the individual
members thereof by the most expedient means available and by notifying
the Borough Clerk of the Borough.
[2000 Code § 14:1-35.1; New]
[2000 Code § 14:1-35]
If a violation causes an extraordinary expense to any operating
component of the water distribution system, the person causing such
violation shall be liable for the full amount of the extraordinary
expense plus any cost incurred by the entity pursuing enforcement
of these provisions.
[2000 Code § 14:2-1]
The purpose of this Article is to provide for the maximum possible
beneficial public use of the wastewater facilities through regulation
of sewer construction, sewer use and wastewater discharges and provide
procedures for complying with the requirements contained herein.
[2000 Code § 14:2-2]
The provisions of this Article shall apply to the discharge
of all wastewater in the Borough. This article provides for use of
the wastewater facilities, regulation of sewer construction, control
of the quantity and quality of wastewater discharged, wastewater pretreatment
required, sewer construction plans, issuance of wastewater discharge
permits, minimum sewer connection standards and conditions and penalties
and other procedures in cases of violation of this chapter.
[2000 Code § 14:2-3]
Except as otherwise provided herein, the Department of Public
Works and Public Utilities shall administer, implement, and enforce
the provisions of this article.
[2000 Code § 14:2-4]
Any person found in violation of this Article or any requirement
of a permit issued hereunder, may be served with a written notice
stating the nature of the violation and providing a reasonable time
limit for compliance. Any such notice given shall be in writing and
served in person or by registered or certified mail. The notice shall
be sent to the last known address of the violator. Where the address
is unknown, service may be made upon the owner of record of the property
involved. If satisfactory action is not taken in the time allotted
by the notice, further enforcement action authorized by this article
shall be implemented.
[2000 Code § 14:2-5; New]
Any person who continues to violate the discharge provisions of this Article beyond the time limit provided for in subsection 14-18.4 above, may be charged with a violation of this Article upon a complaint filed in the Municipal Court of the Borough of Avalon and upon conviction thereof, shall be liable to the penalty stated in Chapter 1, Section 1-5. In addition to such penalty, the person may be subject to disconnection from the wastewater facility. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense, plus any costs incurred by the entity pursuing enforcement of these provisions.
Each day, or portion thereof, a violation continues shall constitute
a separate violation.
[2000 Code § 14:2-6]
The Borough personnel, or contracted designees, bearing proper
credentials and identification, shall be permitted to enter the property
of any residential, commercial, or industrial user of the wastewater
sewer at any reasonable time for the purposes of inspection, observation,
measurement, and sampling of the wastewater discharge to ensure that
discharge to the wastewater facilities is in accordance with the provisions
of this article.
While performing any necessary work on private properties, all
persons shall observe all safety rules established by the owner or
occupant of the property and applicable to the premises.
[2000 Code § 14:2-7]
No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is a part of the wastewater facilities. Any person
who violates this section shall be subject to the penalties established
herein.
[2000 Code § 14:2-8, § 14:2-9, and § 14:2-10;
amended in its entirety 4-24-2024 by Ord. No. 878-2024]
** Reference: NJ Department of Environmental Protection –
Model Ordinance regarding Improper Disposal of Waste
[Amended 4-24-2024 by Ord. No. 878-2024]
An ordinance to prohibit the spilling, dumping, or disposal
of materials other than stormwater to the municipal separate storm
sewer system (MS4) operated by the Borough of Avalon to protect the
environment, public health, safety, and welfare, and to prescribe
penalties for failure to comply.
[Amended 4-24-2024 by Ord. No. 878-2024]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Avalon or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities or is conveyed by snow removal equipment.
[Amended 4-24-2024 by Ord. No. 878-2024]
The spilling, dumping, or disposal of materials other than stormwater
that causes the discharge of pollutants to the municipal separate
storm sewer system operated by the Borough of Avalon is prohibited.
[Amended 4-24-2024 by Ord. No. 878-2024]
a.
Potable water line flushing and discharges from potable water sources,
excluding the discharge of filter backwash and first flush water from
potable well development/redevelopment activities utilizing chemicals
in accordance with N.J.A.C. 7:9D. The volume of first flush water,
which is a minimum of three times the volume of the well water column,
shall be handled and disposed of properly;
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters);
c.
Air conditioning condensate (excluding contact and non-contact cooling
water; and industrial refrigerant condensate);
d.
Irrigation water (including landscape and lawn watering runoff);
e.
Flows from springs, riparian habitats, wetlands, water reservoir
discharges and diverted stream flows;
f.
Residential car washing water and dechlorinated swimming pool discharges
from single-family residential homes;
g.
Sidewalk, driveway, and street wash water;
h.
Flows from firefighting activities including the washing of firefighting
vehicles;
i.
Flows from clean water rinsing of beach maintenance equipment immediately
following use and only if the equipment is used for its intended purpose;
j.
Rinsing of beach maintenance equipment is limited to exterior, undercarriage,
and exposed parts and does not apply to engines or other enclosed
machinery;
k.
Flows from clean water rinsing of equipment and vehicles used in
the application of salt and deicing materials. Prior to rinsing, all
equipment shall be cleaned using dry methods such as shoveling and
sweeping. Recovered materials are to be returned to storage or properly
discarded; and
l.
Rinsing of deicing equipment is limited to exterior, undercarriage,
and exposed parts and does not apply to engines or other enclosed
machinery.
[Amended 4-24-2024 by Ord. No. 878-2024]
This section shall be enforced by the Borough Code Enforcement
Official/Officers and by the Zoning Official.
[Amended 4-24-2024 by Ord. No. 878-2024]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine no less than $100 and to those penalties specified in Subsection 1-5.1 et seq. of this Code.
[2000 Code § 14:2-11]
a.
Except as provided in this Article, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of wastewater.
b.
No private wastewater disposal system shall be permitted in the geographic
areas of the Borough which have wastewater sewers provided.
[2000 Code § 14:2-12.1; amended 9-14-2022 by Ord. No. 851-2022]
a.
There shall be three classes of permits for connections to the wastewater
facilities: Class I, residential; Class II, commercial; and Class
III, industrial. In all cases, the owner shall make application for
a permit to connect to the wastewater facilities. The permit application
shall be supplemented by any wastewater information required to administer
this article. A permit and inspection fee of $700 for a Class I permit
for a four-inch lateral. All other size connections and Class II and
III permits will be determined by resolution of the Borough Council
upon receipt of applications for same.
b.
Upon receipt of a complete application the Borough or its authorized
agent will prepare an estimate of the total projected cost of installation
of such sewer line plus all associated and related costs, including
the cost of street excavation and restoration. Such total estimate
plus an additional escrow amount equal to 20% of such estimated cost.
The escrow will cover any contingencies encountered in the installation
process. Any excess will be refunded to the applicant. Any expense
incurred in excess of the escrow shall be paid by the applicant to
the Borough upon demand. Any escrow account established pursuant to
this subsection shall not bear interest.
c.
The estimated installation cost shall remain valid for a period of
120 days from the date of notification to the owner or owner's authorized
agent. If not paid within such time the application will be deemed
withdrawn and the entire application fee shall be retained by the
Borough as compensation for administrative costs involved in processing
the application. The Borough shall have no obligation to apply such
fee or any portion thereof to any subsequent application for connection
to the sewer system.
d.
Upon receipt from the owner or owner's authorized agent of the full
payment and escrow, and provided that such payment is received within
the required time, the Borough will schedule the installation of the
sewer service.
e.
The escrow shall cover such expenses and shall be administered in accordance with the provisions of Subsection 14-2.1 hereof.
f.
Municipal lien. Any balance owed for the installation of sewer service
which remains unpaid for 60 or more days after invoicing and demand
for payment shall constitute a municipal lien and the amount unpaid
shall be certified by the Collector of Utility Payments to the Collector
of Taxes, and the Tax Collector shall proceed to collect said amount
in the same manner as the collection of taxes and other municipal
charges.
[2000 Code § 14:2-12.2]
a.
The owner of any house, building or structure located on a street
along the line of any sewer which is now in operation or is constructed
in the future in the Borough shall connect the drainage of all sources
of wastewater in his house, building or structure to the sewer. Each
house shall have a separate connection to the sewer system.
b.
The Borough or its designee shall exclusively install the sewer laterals,
from the sewer main to inside of the curb line, including all labor
and material and to include excavation, restoration and paving at
the expense of the owner as specified in the application.
c.
Existing building sewers may be used for connection of new buildings
only when the existing sewers have been examined and tested by the
Plumbing Subcode Official of the Borough and a determination is made
that such existing sewers meet the requirements of this chapter.
[2000 Code § 14:2-12.4]
a.
No person shall connect roof, foundation, areaway, parking lot, roadway,
surface runoff or groundwater drains to any sewer which is connected
to a sanitary sewer.
b.
All roof, foundation, areaway, parking lot, roadway or other surface
runoff or groundwater drains, including basement sump pumps, shall
discharge to natural outlets or storm sewers.
[2000 Code § 14:2-12.5]
No person shall discharge or cause to be discharged to any of
the wastewater facilities any substances, materials, waters, or wastes
in such quantities or concentrations which will:
a.
Create a fire or explosion hazard including, but not limited to,
gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas; including, but not limited to, any liquid having
a flash point lower than 235 degrees F as determined by the Tagliabue
closed cup method.
b.
Cause corrosive damage or hazard to structures, equipment, or personnel
of the wastewater facilities, but in no case discharges having a pH
lower than 5.5 or greater than 9.0.
c.
Cause obstruction to the flow in sewers, including laterals, with
the operation of wastewater facilities due to accumulation of solid
or viscous materials.
d.
Contain fats, wax or grease, or oils, whether emulsified or not,
in excess of 100 mg/1 or containing substances which may solidify
or become viscous at temperatures between 32 degrees F and 150 degrees
F. All restaurants, garages, commercial establishments, etc., from
which the substances will be discharged shall be equipped with grease
traps.
e.
Have a temperature higher than 150 degrees or 65 degrees C.
f.
Contain phenolic compounds over one (1.0) part per million, expressed
as phenol.
g.
Contain radioactive substances.
h.
Have a biochemical oxygen demand [five (5)-Day BOD] in excess of
350 milligrams per liter (mg/1).
i.
Have a suspended solids content in excess of 300 mg/1, or containing
suspended solids of such character of specific gravity that unusual
attention or expense is required to handle or treat such materials.
j.
Contain corrosive, toxic, deleterious, or poisonous substances in
sufficient quantity to cause injury, damage or hazard to personnel,
structure or equipment, or interfere with the wastewater facilities
including but not limited to any portion of the liquid or solids treatment
or handling processes, or that which will pass through the treatment
facilities in such condition that they will not achieve state, federal,
or other existing, pending, or future requirements for the effluent
discharge, including but not limited to the NJPDES permit requirements
imposed upon the Cape May County Municipal Utilities Authority.
k.
Cause unusual volume or concentration of wastes being delivered in
a "slug" manner by which it is meant that the normal (i.e. 24 hour
average) concentration of loadings shall not be exceeded by more than
a factor of four (4.0) for any sixty (60) minute period.
l.
Have an objectionable color which is not removable in the wastewater
treatment facility.
m.
Be discharged by tank trucks into manholes or appurtenances of the
wastewater sewer system. Including, but not limited to, septic tank
wastes. These septic tank wastes will, however, be accepted directly
at designated CMCMUA Wastewater Treatment Facilities.
n.
Contain noxious, malodorous gas or substances which are present in
quantities that create a public nuisance or a hazard to public health.
o.
Contain any garbage that has not been properly shredded.
p.
Contain substances interfering with sludge management, any substance
which may cause the wastewater treatment facilities sludge to be unsuitable
for reclamation and reuse or to interfere with the reclamation process
where the CMCMUA is pursuing a reuse and reclamation program. In no
case shall a wastewater discharge to the wastewater facilities cause
the wastewater treatment facilities to be in noncompliance with sludge
use and disposal criteria, guidelines or regulations developed by
the NJDEP, the US EPA, or any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act,
or the "New Jersey Guidelines for the Utilization and Disposal of
Municipal and Industrial Sludges and Septage."
[2000 Code § 14:2-12.6]
The size, slope, alignment, construction materials, trench excavation
and backfill methods, pipe placement, jointing and testing methods
used in the construction and installation of a building sewer shall
conform to the Building and Plumbing Code or other applicable requirements
of the NJDEP or the Borough.
[2000 Code § 14:2-12.7]
There shall be a "cleanout tee" and not a "Y" installed in the
building sewer between the curb and the sidewalk, and a cleanout plug
provided at the finished grade level. The cleanout plug shall be of
"threaded" type, of brass or stainless steel and shall be readily
removable. Temporary expandable type plugs and caps are not approved.
Sewer cleanouts installed in traffic areas shall be provided with
an approved traffic box to protect the cleanout from vehicular damage.
[2000 Code § 14:2-12.8]
a.
The connection of a building sewer into a sanitary sewer shall conform
to the requirements of the Building and Plumbing Codes as adopted
as standards by the Borough and all other applicable requirements
of the Borough and/or the NJDEP.
b.
The connection shall be made gastight and watertight and verified
by proper testing. Any deviation from the prescribed procedure and
materials must be approved, in writing, by the Plumbing Subcode Official
before installation.
c.
The connection of a surface runoff or groundwater drain to storm
sewer or natural outlet designed to transport surface runoff or groundwater
drainage shall conform to the requirements of the applicable Building
Code or other applicable requirements of the Borough.
[2000 Code § 14:2-12.9; amended 9-14-2022 by Ord. No. 851-2022]
The costs and expenses incidental to the connection to the sanitary
sewer system shall be borne by the owner. The Borough shall provide
the connection between the main and for a distance of approximately
eighteen (18) inches inside the curbline.
[2000 Code § 14:2-12.10]
Contracts for the making of sewer connections shall be awarded
in the same manner and after the same advertising as any other municipal
contract. In lieu of awarding separate contracts for the making of
each connection, the Borough Council may award the contract for the
making of all connections which the Borough may desire to have made
within a period of one (1) year or less.
[2000 Code § 14:2-12.11]
When any sewer connection is made by the Borough or under a
contract awarded by the Borough, an accurate record of all expenses
shall be kept. When several properties are involved, the expense shall
be apportioned among them. Upon completion of the work, a sworn statement
as to the expenses incurred shall be prepared by the Business Administrator
after consultation with the Director of Public Works and Public Utilities
and the Director of Revenue and Finance and the same shall be filed
with the Borough Clerk. Such certified statement shall thereafter
be presented to Borough Council, which shall examine the statement
and once approved and confirmed by Borough Council, such certified
statement of costs shall be filed with the Borough Tax Collector.
The Tax Collector shall record the sewer connection charge in the
same manner in which assessments are recorded.
[2000 Code § 14:2-12.12]
Every sewer connection fee shall, from the time of its confirmation
by Borough Council, be a first lien upon the property affected and
shall bear interest and penalties and be collected and enforced in
the same manner as assessments for local improvements.
[2000 Code § 14:2-12.13]
The Borough Council may, by resolution, provide for the payment
of sewer connection charges in installments. In that event, they shall
be payable, bear interest and be collected and enforced in the same
manner as assessments for local improvements.
[2000 Code § 14:2-12.14]
Excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard and shall not remain open for a period longer than seventy-two
(72) hours without written authorization from the Construction Department.
For good cause, the Construction Department may permit the installation
to remain open for an additional period not to exceed an additional
seventy-two (72) hours. Streets, sidewalks, parkways, and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Borough.
[2000 Code § 14:2-12.15]
Should an industrial discharge, Class III, permit be requested
to connect to the sanitary sewer system, the Borough shall:
a.
Prior to authorizing such discharge, require that sufficient information
be provided in order to evaluate the waste material proposed to be
discharged to ascertain compliance with this article.
b.
If, in the opinion of the Borough and the CMCMUA, the waste is not
in compliance with the requirements, the potential discharger will
be required to provide adequate pretreatment facilities for the wastes
in order to bring the materials proposed for discharge into the wastewater
facilities into full compliance, or the industrial discharger will
be denied access into the wastewater facilities.
[2000 Code § 14:2-13]
All capping of existing sewers shall be inspected by the Borough
Plumbing Subcode Official or Construction Official before any permit
or permits are issued for demolition or removal of any structure on
the property. The location of all sewer lines shall be etched on the
curb by the plumbing contractor and recorded by the Borough Subcode
Official.
[2000 Code § 14:2-14]
The Borough shall not issue a permit for any class of connection
to the wastewater sewers or wastewater treatment facilities unless
there is sufficient capacity, not legally committed to other users,
in the wastewater sewers and treatment facilities to convey and adequately
treat the quantity of wastewater which the requested connection will
add to the system.
[2000 Code § 14:2-15]
a.
Measurements, tests, and analyses of the characteristics of wastewater
to which reference is made in this article 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 or such alternate methods approved by the Borough in compliance
with State and Federal law. Sampling methods, locations, times, durations,
and frequencies are to be determined on an individual basis subject
to approval by the Borough and the CMCMUA. The discharger shall have
the option to use, at his own expense, more complete sampling methods,
locations, times, and frequencies than specified by the Borough and
the CMCMUA.
b.
Measurements, tests and analyses of the characteristics of wastewater
required by this article shall be performed by a New Jersey State
certified laboratory.
c.
When required by the Borough, the user shall install a suitable control
manhole, together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastewater. Such manhole or other appurtenances, when required,
shall be accessible and safely located, and shall be constructed in
accordance with plans approved by the Borough. The manhole shall be
installed by the user at his expense, and shall be maintained by him
so as to be safe and accessible at all times.
[2000 Code § 14:2-16.1]
a.
All existing curb traps and fresh air inlets and other openings in
the sanitary collection system shall be kept sealed and an alternate
method of venting shall be provided in accordance with the Borough
ordinances and standards.
b.
Any modification including but not limited to the sealing of any
curb traps and fresh air inlets made pursuant to the provisions of
this chapter shall be performed by a New Jersey licensed plumber in
accordance with the following:
1.
Removal of the curb trap from the drain line and the installation
of a sanitary or straight tee on its back. A riser pipe from tee shall
be installed to grade level and a water tight metal threaded plug
shall be installed on top of riser. Construction shall conform to
the requirements for sewer cleanouts and shall provide for alternate
venting in accordance with Borough Ordinances.
2.
The fresh air inlet from a curb trap shall be extended or raised
to base flood elevation provided further that said extension shall
comply with the elevation requirements of the current flood insurance
rate map. Said extension shall be a minimum of six (6) inches, but
not exceeding twelve (12) inches above ground level and shall be provided
with an approved type vent cap.
3.
The fresh air inlet and any modification of the curb trap shall be
installed in such a manner so as to avoid the creation of a hazard
or impediment to pedestrian or vehicular traffic in the public right-of-way
at curb area.
c.
In the event that a property owner cannot comply with the provisions
of paragraphs b2 and b3 above, then compliance with paragraph b1 providing
for the removal of the curb trap, shall be required.
[2000 Code § 14:2-16.2]
Existing drainage piping of different materials shall be joined
by the proper adapter fittings as specified in Section 4.3 of the
National Standard Plumbing Code and any joints for extensions must
be at least eighteen (18") inches below ground level.
[2000 Code § 14:2-16.3]
A permit shall be obtained for the inspection, removal or correction/modification
of the curb trap by the property owner or his agent from the Borough
Construction Office. A fee of thirty-five ($35.00) dollars shall be
charged for each permit.
[2000 Code § 14:2-17]
If the Borough has reason to believe that any discharger is
in violation of this Article, one or more of the following actions
may be taken:
a.
Request additional information in an effort to evaluate the quality
and quantity of the materials discharged through the use of composite
sample or flow metering, with all expenses incidental to these tests
to be borne by the owner.
b.
Require pretreatment to an acceptable condition prior to discharge
into the sanitary sewer system by the owner.
c.
Require control over the quantity and rates of discharge into the
sanitary sewer system by the owner.
If the discharger is found to be in violation of this Article,
the Borough shall require that installation of pretreatment facilities
within a specified time, to be determined by the Borough. If such
facilities are not constructed and delivering a waste in compliance
with the provisions of this Article within the specified time, the
Borough may disconnect the discharge from the sanitary sewer system.
[2000 Code § 14:2-18]
Nothing in this Article shall be construed as preventing any
special agreement or arrangement between the Borough and any user
of the wastewater facilities whereby wastewater of unusual BOD or
suspended solids strength is accepted into the system subject to any
surcharge payments or user charges as may be applicable; provided,
however, that such acceptance does not cause a violation of the NJPDES
discharge permit requirements for the wastewater treatment facility.
The surcharge rates shall be in conformance with the then prevailing
rates developed by the CMCMUA.
[2000 Code § 14:2-19.1]
All restaurants or eating establishments in the Borough of Avalon
that have the capacity to fry, cook or otherwise prepare food in a
manner that produces grease, shall install a grease trap or traps
of sufficient number or size to accommodate the grease generated.
The installation of all such grease traps required by this ordinance
shall be completed not later than March 1, 1990.
[2000 Code § 14:2-19.2]
The grease trap(s) shall be designed to meet, and shall conform
to, all standards and requirements for grease traps contained in the
Uniform Construction Code.
[2000 Code § 14:2-19.3]
Each restaurant shall ensure that grease trap(s) are periodically
emptied and cleaned with sufficient frequency that no trap shall overflow
and discharge or deposit grease into the Borough sewer system.
[2000 Code § 14:2-19.4]
When grease traps are emptied, the grease shall be deposited
into an appropriate container which shall then be delivered to a licensed
trash or refuse collector for removal from the premises and disposal
in an approved landfill or disposal site.
[2000 Code § 14:2-19.5]
Each restaurant or eating establishment that contains a grease
trap or traps shall maintain a log or record that shows, for each
such grease trap (1) the date and time on which the trap was emptied
and cleaned; (2) the person who emptied and cleaned it; (3) the name
and affiliation of the refuse collector who obtained and hauled away
the grease; (4) the disposition of the grease removed - i.e., where
it was taken and how it was disposed of; and (5) a receipt, bill of
lading or other similar document from the refuse collector acknowledging
or confirming the disposal.
[2000 Code § 14:2-19.6]
Both the grease traps and the record or log described in subsection 14-27.5 shall be subject to inspection at any time by the Borough Plumbing Subcode Official or his designee. Said inspections will be held at least once every three (3) months with respect to each affected restaurant or eating establishment. In addition thereto, such inspections may be made by the Director of the Department of Public Works and Public Utilities and/or his designee.
[2000 Code § 14:2-19.7]
No person shall discharge or deposit, or permit, suffer or allow
to be discharged or deposited, any grease generated by the frying,
cooking or other preparation of food into the sanitary sewer system
of the Borough of Avalon.
[2000 Code § 14:2-20]
Connections to a storm sewer shall be subject to a permit and
inspection fee of three hundred ($300.00) dollars. Such connections
shall be subject to the provisions of this article and approval of
the Borough.
[2000 Code § 14:2-21.1]
Each property shall be charged rents, rates, fees or other charges
for the direct or indirect connection with or use of services of the
Borough's sanitary sewer system.
[2000 Code § 14:2-21.2]
For a four (4) inch lateral, seven hundred ($700.00) dollars
for each domestic consumer unit. All other size connections to be
determined by resolution of the Borough Council upon receipt of the
application for same.
[1]
Editor's Note: Former § 14-29.3, Usage Fees, enacted
as 2000 Code § 14:2-21.3; Ord. No. 650-2012; Ord. No. 719-2015 § 1; Ord. No. 759-2017; Ord.
No. 772-2018; § 14-29.4, Service Charges,
enacted as 2000 Code § 14:2-21.4; Ord. No.
772-2018; and § 14-29.5, Excess Consumption
Charges, enacted as 2000 Code § 14:2-21.5, were repealed 8-9-2023 by Ord. No. 866-2023. See now § 14-5, Water and Sewer Rates and Charges.
[2000 Code § 14:2-21.6]
All charges for sewer service and related charges shall be due
and payable upon presentation of a statement, unless such statement
should specify a particular due date. All bills shall be paid to the
Collector of utility payments or such other authorized person or entity.
Charges for sewer rents, rates, fees or other charges shall be a first
lien or charge against the property benefitted therefrom. If any part
of the amount due and payable in rates, rentals, connection fees or
other charges remains unpaid for thirty (30) days following the date
for the payment thereof, interest for the amount unpaid shall accrue
at the rate established for delinquent real estate taxes.
[1]
Editor's Note: Former §§ 14-30.1 through 14-30.5,
regarding adjustments to sewer bills, adopted as 2000 Code §§ 14:2-22.1
through 14:2-22.5, respectively, were repealed 10-25-2023 by Ord.
No. 867-2023, effective 1-1-2024.
[Added 10-25-2023 by Ord.
No. 867-2023[1]]
a.
The property owner shall be responsible for all infrastructure pertaining to water and sewer service, and for the maintenance thereof, as described in Subsection b hereof, and shall be liable for all charges arising therefrom. There shall be no adjustment to any water or sewer bill resulting from leaks or other damage to the water or sewer infrastructure occurring in the area of the owner's responsibility as described in Subsection b hereof. The property owner shall be responsible to pay all water and sewer charges of whatever type billed by the Borough notwithstanding any leaks or other damage to the infrastructure and the failure or refusal to do so will result in such collection activity as authorized by this chapter.
b.
The owner responsibility for water infrastructure shall begin at
water meter and continue to the principal structure on the property
or to any accessory or other structure or any portion thereof. This
is inclusive of irrigation lines and other services lines to any outside
facilities or docks. The owner responsibility for sewer infrastructure
shall begin at the sewer lateral connection just inside the curb,
including the connection to the sewer lateral.
d.
The Borough shall be responsible for all water and sewer infrastructure
on the street side of the water meter or connection to the sewer lateral.
[1]
Editor's Note: This ordinance shall take effect 1-1-2024.
[2000 Code § 14:2-23; New]
For where no other penalty is established by law, any person
violating any provision of this Article, or any owner or operator
of any restaurant or eating establishment found to be in violation
of this Article shall, upon conviction, be subject to the following
penalties:
a.
First Offense. A fine in the minimum amount of one hundred ($100.00)
dollars and not to exceed the sum of five hundred ($500.00) dollars,
or imprisonment for a term not to exceed ten (10) days, or both, or
by a period of community service not exceeding thirty (30) days.
b.
Second Offense. A fine in the minimum amount of one hundred ($100.00)
dollars and not to exceed the sum of seven hundred fifty ($750.00)
dollars, or imprisonment for a term not to exceed thirty (30) days,
or both, or by a period of community service not exceeding sixty (60)
days.
c.
Third and Subsequent Offenses. A fine in the minimum amount of one hundred ($100.00) dollars and not to exceed the penalty stated in Chapter 1, Section 1-5.
Each day or portion thereof that a violation continues shall
constitute a separate violation.
If a violation causes an extraordinary expense to any operating
component of the wastewater facilities, the person causing such violation
shall be liable for the full amount of the extraordinary expense,
plus any costs incurred by the entity pursuing enforcement of these
provisions.
