[2000 Code § 18-1; Ord. No. 2018-44]
The municipal sewer system consisting of main sewers, lateral
sewers, sewage treatment or disposal plants, sewage receptacles, pumping
stations, and any and all improvements, erections, works, establishments,
and fixtures to provide proper sewage and drainage for the City and
controlled and managed by the City, whether owned or controlled by
it, is hereby created and established as a municipal public utility
for all the purposes of the local bond law of New Jersey and the local
budget law of the State of New Jersey. This municipal public utility
is hereby found and determined to be a utility, enterprise or purpose
authorized to be undertaken by the City and for which it may receive
rates, rentals or other charges for or in connection with the uses
and services of such municipal public utility which shall be held,
used and applied in accordance with the provisions of the local bond
law and the local budget law and any other applicable laws.
[2000 Code § 18-2.1; Ord. No. 2961; Ord. No. 2018-44]
a.
No connection with the public sewers shall be made until a written
application, filled out upon a form to be furnished by the Bureau
of Roads and Sewers and signed by the owner of the property to be
connected, or an authorized agent, is made to the City Engineer or
his/her designee and his/her permission obtained.
b.
The Bureau may make all connections with the street sewers, laying
the service pipe from the street sewer to the curbline, for which
work the charge shall be the actual cost to the Bureau for the work
and supervision, and the charge shall be made against the property
or its owner and shall become due and payable immediately upon the
completion of the work.
c.
The City Engineer or his/her designee may grant permission to plumbers
or others to make connections with the street sewer pipes, but such
work must be done in compliance with any reasonable conditions that
the City Engineer or his/her designee may require.
d.
As per Senate Bill 1247 of 2018, if there is a material increase
to the level of demand for any new construction of additional service
units requested, an additional fee shall apply to the amount of the
higher demand/usage. As used in this section, "materially increases"
means any increase in the number of service units; or any other change
which increases the level of use or demand on the sewerage system
by fifteen (15%) percent or more over the highest actual annual use
and demand that existed during the prior 10-year period immediately
preceding the addition, alteration, or change in use; provided, however,
that, if the property has been connected to the sewerage system for
less than ten (10) years, the average level of use and demand shall
be calculated based on the actual period of connection.
e.
As per Senate Bill 1247 of 2018 the following shall be in effect:
1.
The City established within its rates or schedules a fifty (50%)
percent reduction in the connection fee or tapping fee assessed pursuant
to section 8 of P.L. 1946, c. 138 (C. 40:14A-8) for new connections
to the sewerage system which is to be charged to public housing authorities,
to non-profit organizations building affordable housing projects,
and to any other affordable housing, including affordable housing
units in inclusionary projects.
2.
For units previously connected to the authority's system that
were demolished or refurbished to allow for new affordable housing
units and for which a connection or tapping fee was previously paid,
a county, regional or municipal sewerage authority shall establish
within its rates or schedules a credit against the connection fee
or tapping fee to be assessed for connection with the sewerage system
to public housing authorities, non-profit organizations building affordable
projects, and to any other affordable housing, including affordable
housing units in inclusionary projects. The credit shall be the connection
fee or tapping fee previously assessed and paid for connection with
the sewerage system for units previously connected to the authority's
system.
3.
The connection fee or tapping fee assessable against a public housing
authority, non-profit organization, or other affordable housing owner,
for units previously connected to the authority's system that
were demolished or refurbished to allow for new affordable housing
units, including affordable housing units in inclusionary projects,
shall be the lesser of the reduced rate provided for in paragraph
1 above, or the current non-reduced rate applicable to other types
of housing developments minus the credit provided under paragraph
2 above for units for which a connection fee or tapping fee was previously
paid, provided that said public housing authority, non-profit organization,
or other affordable housing owner can establish the connection fee
or tapping fee was previously assessed and paid for connection with
the system. If the same cannot be established, the reduced rate provided
for in paragraph 1 above shall be assessed.
[2000 Code § 18-2.2; Ord. No. 2961; Ord. No. 2018-44]
a.
Connection Required.
1.
Sewer Connection. 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 their property along the line of any public sewer
created shall, at the same time the water company taps in service
and the meters installed, connect and hookup the sewage facilities
emanating from such house, building or structure.
2.
Penalty. If any person violates the provisions of this paragraph a. by failing to comply with any order, in accordance with the provisions hereof, within thirty (30) days after notice, the proper officials shall file a complaint and, upon conviction, the person shall be liable to the penalty stated in Chapter I, Section 1-5.
b.
Permission to Connect. No person shall break into the street sewer
pipes, or injure them in any manner while excavating, or make a house
connection without obtaining permission from the City Engineer or
his/her designee.
[2000 Code § 18-2.3; Ord. No. 2018-44]
No cellar drains, no area drains, no roof leaders, no sump pumps
or downspouts, and no garbage and refuse disposal units shall be connected
to the sewer system. (Garbage disposals, both residential and commercial,
are allowed to be connected provided they are used for grinding of
food waste only and are water flush operated.)
[2000 Code § 18-3.1; Ord. No. 2961; Ord. No. 2018-44]
a.
Within the Department of Public Works there shall be a Bureau of
Roads and Sewers. Except for general collection duties assigned herein,
the City Engineer or such other official as authorized by the City
shall exercise general supervision and control and shall be in direct
charge of the sewer system of the City, including all physical plants
and properties connected therewith. The supervision and control is
subject to the provisions of this chapter and such other ordinances
and resolutions as may be passed from time to time by the Mayor and
City Council.
b.
The Sewer Utility Collection Clerk, or such other person as may be
designated by the City Engineer or such other official as authorized
by the City, under the direction of the Tax Collector, shall:
[2000 Code § 18-3.2; Ord. No. 2961; Ord. No. 2018-44]
No agent or employee of the Sewer Utility shall have authority
to bind the Sewer Utility or the City by any promise, agreement or
representation not provided for by this chapter unless such authority
is given in writing and approved by a resolution of the Mayor and
City Council.
[2000 Code § 18-3.3; Ord. No. 2961; Ord. No. 2018-44]
a.
Entry. The City Engineer or any authorized employee of the Sewer
Utility or any person designated by the City Manager or City Engineer
or such other official as authorized by the City for that purpose
may, at all reasonable hours, enter the premises of any sewer service
user for the purposes of inspecting any water or sewer connection
or service equipment.
b.
Fixtures and Meters. The City Engineer or such other designated person
is authorized to enter any premises as herein provided to examine
the meter; read the meter; make all necessary tests; examine all pipes
and fixtures for conformity with the provisions of this chapter; and
check the number of fixtures connected to the sewer or water service.
c.
The laterals connecting the waste water plumbing system of the property
to the collection mains of the sewer utility shall be the responsibility
of the property owner. Lateral shall mean: the physical wastewater
conveyance pipe, beginning at the point at which the pipe penetrates
(exits) the foundation of the principal structure of the property
(or ancillary structure, if one exists), and ending at the point at
which said pipe directly connects to the collection main (including
the connection itself) within the public right-of-way.
[2000 Code § 18-4.1; Ord. No. 2961; Ord. No. 2018-44]
No person shall discharge or cause to be discharged any of the
following described waters or wastes in any portion of the sewer system
of the City:
a.
Liquid or vapor having a temperature higher than one hundred fifty
(150°F) degrees Fahrenheit;
b.
Any water or waste which may contain more than one hundred (100 p.p.m.)
parts per million by way of fat, oil, or grease;
c.
Any gasoline, benzene, naphthol, fuel oil, paints, lacquers, or other
inflammable or explosive liquids, solids, or wastes including plating
solutions, chromium, zinc or other toxic heavy metals, cyanides including
solvents;
d.
Any garbage or trash and medical wastes, including food and entrails;
e.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, wood, paunch, manure, cloth or paper diapers,
or any other solid or viscous substance capable of causing obstruction
to the flow in sewers or which otherwise interferes with the proper
operation of the sewer works;
f.
Any waters or wastes having a pH lower than 5.3 or higher than 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of sewage works. pH
shall mean the logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution;
g.
Any waters or waste containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewer treatment
process or constitute a hazard to humans or animals or to create any
hazards in receiving waters of the Sewage Treatment Plant;
h.
Any waters or wastes containing suspended solids of such character
or quantity that unusual attention or expense is required to handle
such materials at the Sewage Treatment Plant;
i.
Any noxious malodorous gas or substance capable of creating a public
nuisance.
j.
Water waste containing phenols;
k.
Any water or waste containing or causing excessive discoloration;
l.
Unusual volume of flow or concentration of waste constituting "slugs"
(fifteen (15) minutes or more of flow of five (5) times the average
twenty-four (24) hour flow on property under normal operating conditions);
m.
Wastewater containing unusual B.O.D. (Biochemical Oxygen Demand under
standard laboratory procedure in five (5) days when incubated at twenty
(20°C) degrees Centigrade);
n.
Waste or wastewater containing radioactive material.
[2000 Code § 18-5.1; Ord. No. 2660 § I; Ord. No. 2018-44]
a.
The Mayor and City Council, by separate resolution, shall impose
a sewer rental charge for the use, operation, maintenance and construction
of the sewer system within the geographical limits of the sewer area
of the City upon the owners of the properties within the limits of
the sewer area and served thereby at the rates therein established
as follows. In the event that no rate resolution is passed, the existing
rates shall continue in effect.
Annual flat/demand/customer service rate shall be as calculated below in subsection 18-6.1; plus
1.
A charge for each building and/or unit in which water is consumed
which shall be based upon the rate per thousand gallons or part thereof
consumed in such building or unit.
2.
Where the use of property is producing waste material, which imposed
a burden on the sewerage system or requires pretreatment, an additional
surcharge against the property producing the waste commensurate with
the added costs shall be fixed.
3.
Repealed.
b.
The user charge, as fixed by the City, shall be reviewed and revised
periodically to reflect actual costs of treatment works operation.
c.
As per Senate Bill 1247 in 2018:
1.
(a)
The City shall provide a credit applicable toward a connection
or tapping fee to be charged for a reconnection of a disconnected
property that was previously connected to the sewerage system, provided
that:
(b)
The credit required under paragraph (a) above shall be calculated
as follows:
(1)
If the reconnection does not require any new physical connection
or does not increase the nature or size of the service or the number
of services units, or does not expand the use of the sewerage system,
the credit shall be equal in amount to the new connection or tapping
fee.
(2)
If the reconnection requires a new physical connection, increases
the nature or size of the service or the number of service units,
or expands the use of the sewerage system, the credit shall be equal
in amount to any connection or tapping fee previously paid for the
property, and the sewerage authority shall charge the difference between
the credit and the connection or tapping fee for the new use or class.
(3)
If no connection or tapping fee was ever paid for the property,
but all service charges due and owing on the property have been paid
for at least twenty (20) years, the credit shall be equal in amount
to the new connection or tapping fee; provided, however, that any
charges due and owing pursuant to paragraph (2) above shall be paid.
(c)
If no connection or tapping fee was ever paid for a disconnected
property that is to be reconnected and which was previously connected
to the sewerage system for at least twenty (20) years, the sewerage
authority shall charge, in addition to any amount due and owing after
application of a credit pursuant to this section, a connection or
tapping fee equal to the lesser of:
(1)
Twenty (20%) percent of the service charges that would have
been paid based upon the usage for the last full year that the property
was connected to the sewerage system for the period from the date
of the disconnection from the sewerage system to the date of the new
connection; or
(2)
the new connection fee.
(d)
A credit shall not be allowed under this section for a property
that has been disconnected from the sewerage system for more than
five (5) years.
(e)
As used in this section, "disconnected property" means a property
that has been physically disconnected from the sewerage system or
a property not physically disconnected but to which service has been
discontinued without payments being made. A "disconnected property"
shall not include a property that has been temporarily disconnected
from the sewerage system or to which service has been discontinued
without payments being made for less than twelve (12) consecutive
months and is being reconnected as it existed, prior to the temporary
disconnection or discontinuance of service.
2.
(a)
For a property connected to the sewerage system for less than
20 years, the City shall charge an additional connection or tapping
fee for an addition, alteration, or change in use that materially
increases the level of use and imposes a greater demand on the sewerage
system, but does not involve a new physical connection of the property
to the sewerage system.
(b)
The connection or tapping fee authorized by paragraph (a) above
shall be equal to the amount by which the increased use and demand
on the sewerage system exceeds the use and demand that existed prior
to such addition, alteration, or change in use.
(c)
Nothing in this section shall be construed to preclude a local
unit operating a county or municipal sewerage facility from charging
a new or additional connection or tapping fee for any new or additional
connection of a property to the sewerage system, or for any increase
in the size of an existing connection or for any new construction
of additional service units connected to the sewerage system that
materially increases the level of use or demand on the sewerage system.
(d)
As used in this section, "materially increases" means any increase
in the number of service units; or any other change which increases
the level of use or demand on the sewerage system by fifteen (15%)
percent or more over the highest actual annual use and demand that
existed during the prior 10-year period immediately preceding the
addition, alteration, or change in use; provided, however, that, if
the property has been connected to the sewerage system for less than
ten (10) years, the average level of use and demand shall be calculated
based on the actual period of connection.
3.
(a)
The City shall provide a credit applicable toward a connection
or tapping fee to be charged for a reconnection of a disconnected
property that was previously connected to the sewerage system, provided
that:
(b)
The credit required under paragraph (a) above shall be calculated
as follows:
(1)
If the reconnection does not require any new physical connection
or does not increase the nature or size of the service or the number
of services units, or does not expand the use of the sewerage system,
the credit shall be equal in amount to the new connection or tapping
fee.
(2)
If the reconnection requires a new physical connection, increases
the nature or size of the service or the number of service units,
or expands the use of the sewerage system, the credit shall be equal
in amount to any connection or tapping fee previously paid for the
property, and the local unit shall charge the difference between the
credit and the connection or tapping fee for the new use or class.
(3)
If no connection or tapping fee was ever paid for the property,
but all service charges due and owing on the property have been paid
for at least twenty (20) years, the credit shall be equal in amount
to the new connection or tapping fee; provided, however, that any
charges due and owing pursuant to paragraph (2) above shall be paid.
(c)
If no connection or tapping fee was ever paid for a disconnected
property that is to be reconnected and which was previously connected
to the sewerage system for at least twenty (20) years, the local unit
shall charge, in addition to any amount due and owing after application
of a credit pursuant to this section, a connection or tapping fee
equal to the lesser of:
(1)
Twenty (20%) percent of the service charges that would have
been paid based upon the usage for the last full year that the property
was connected to the sewerage system for the period from the date
of the disconnection from the sewerage system to the date of the new
connection; or
(2)
The new connection fee.
(d)
A credit shall not be allowed under this section for a property
that has been disconnected from the sewerage system for more than
five (5) years.
(e)
As used in this section, "disconnected property" means a property
that has been physically disconnected from the sewerage system or
a property not physically disconnected but to which service has been
discontinued without payments being made. A "disconnected property"
shall not include a property that has been temporarily disconnected
from the sewerage system or to which service has been discontinued
without payments being made for less than twelve (12) consecutive
months and is being reconnected as it existed, prior to the temporary
disconnection or discontinuance of service.
4.
(a)
A local unit operating a county or municipal sewerage facility
shall establish within its rates or schedules a fifty (50%) percent
reduction in the connection fee or tapping fee assessed pursuant to
N.J.S.A. 40A:26A-11 for new connections to the sewerage system which
is to be charged to public housing authorities, non-profit organizations
building affordable housing projects, and any other affordable housing,
including affordable housing units in inclusionary projects.
(b)
For units previously connected to the local unit's system
that were demolished or refurbished to allow for new affordable housing
units and for which a connection or tapping fee was previously paid,
a local unit operating a county or municipal sewerage facility shall
establish within its rates or schedules a credit against the connection
fee or tapping fee to be assessed for connection with the sewerage
system to public housing authorities, non-profit organizations building
affordable projects, and to any other affordable housing, including
affordable housing units in inclusionary projects. The credit shall
be the connection fee or tapping fee previously assessed and paid,
for connection with the sewerage system for units previously connected
to the local unit's system.
(c)
The connection fee or tapping fee assessable against a public housing authority, non-profit organization, or other affordable housing owner, for units previously connected to the local unit's system that were demolished or refurbished to allow for new affordable housing units, including affordable housing units in inclusionary projects, shall be the lesser of the reduced rate provided for in subsection a. of this section, or the current non-reduced rate applicable to other types of housing developments minus the credit provided under paragraph (b) above for units for which a connection fee or tapping fee was previously paid, provided that such public housing authority, non-profit organization, or other affordable housing owner can establish the connection fee or tapping fee was previously assessed and paid for connection with the system. If such previous assessment and payment cannot be established, the reduced rate provided for in paragraph (a) above shall be assessed.
5.
(a)
For a property connected to the water supply system for less
than twenty (20) years, the City shall charge an additional connection
or tapping fee for an addition, alteration, or change in use that
materially increases the level of use and imposes a greater demand
on the water supply system, but does not involve a new physical connection
of the property to the water supply system.
(b)
The connection or tapping fee authorized by subsection a. of this section shall be equal to the amount by which the increased use and demand on the water supply system exceeds the use and demand that existed prior to such addition, alteration, or change in use.
(c)
Nothing in this section shall be construed to preclude a local
unit operating a county or municipal water supply facility from charging
a new or additional connection or tapping fee for any new or additional
connection of a property to the water supply system, or for any increase
in the size of an existing connection or for any new construction
of additional service units connected to the water supply system that
materially increases the level of use or demand on the water supply
system.
(d)
As used in this section, "materially increases" means any increase
in the number of service units; or any other change which increases
the level of use or demand on the water supply system by fifteen (15%)
percent or more over the highest actual annual use and demand that
existed during the prior 10-year period immediately preceding the
addition, alteration, or change in use; provided, however, that, if
the property has been connected to the water supply system for less
than ten (10) years, the average level of use and demand shall be
calculated based on the actual period of connection.
[2000 Code § 18-5.2; Ord. No. 2018-44]
The costs of operation and maintenance for flows not directly
attributable to users (i.e., infiltration and/or inflow) if any, shall
be distributed among the various classes of users and shall be included
in the charges set by this section.
[2000 Code § 18-5.3; Ord. No. 2018-44]
Each rate payer shall be notified at least annually of the rate
and that portion of the user charge which are attributable to the
wastewater treatment services (cost of operation, maintenance and
repair).
[2000 Code § 18-5.4; Ord. No. 2018-44]
Water used solely as an ingredient in the manufacture of a product
such as ice or beverage making not for on-premises consumption, if
such water is metered separately by the water company, is exempt from
this section.
[2000 Code § 18-5.5; Ord. No. 2018-44]
A charge of twenty-five ($25.00) dollars shall be added to each
and any account(s) for which there is any uncollectible check or draft.
Such draft or check shall not be redeposited nor resubmitted for collection
to the bank or draft depository.
[Ord. No. 2660; Ord. No. 2964; Ord. No.
2018-44]
a.
In addition to sewer service charges imposed under subsection 18-5.1, a connection fee in accordance with the terms of this section shall be imposed for connection of any property to the sewerage system. The connection fee shall be uniform within each class of users and shall be calculated in accordance with N.J.S.A. 40A:26A-11. The Mayor and Council of the City of Asbury Park shall, by separate resolution, determine the sewerage connection fee on an annual basis at the end of each budget year, or as soon thereafter as an audit may be completed to properly determine the capital base of the City of Asbury Park in its sewerage system. The proposed revisions to the sewer connection fee shall be the subject of a public hearing.
b.
Connection fees shall be paid at the time that a sewer permit application
is made for either service to a new residential or nonresidential
unit, building, facility or structure or, as required by this section,
for additional capacity for an existing nonresidential use. The issuance
of a valid sewer permit shall be a condition precedent to the issuance
of a building permit for any new residential or nonresidential unit,
building, facility or structure or existing nonresidential building,
facility or structure for which an additional building permit is required.
c.
Connection fees for nonresidential users shall be based upon the
projected usage multiplied by the rate per gallon per day of the sewer
connection fee. A minimum sewer connection charge per unit for nonresidential
users shall be imposed, in an amount equal to the residential connection
fee.
d.
Projected flows for nonresidential users shall be determined by the
City Engineer pursuant to the current version of N.J.S.A. 7:14A-23,
"Technical Requirements for Treatment Works Applications," whenever
practicable. In the event that a type of use is not listed in N.J.A.C.
7:14A-23, the City Engineer shall use his or her best judgment in
determining estimated sewer usage. The City may adopt additions or
exceptions to the flow projections contained in N.J.A.C. 7:14-23.3
by resolution. For the purpose of calculations, any reference, to
"seat" or "person" in N.J.A.C. 7:14A-23 or in any projected flow criteria
adopted by the City shall be deemed to mean the maximum permitted
occupancy established pursuant to the Uniform Construction Code and/or
the Uniform Fire Code.
e.
In the event that an application is made for sewer service to a nonresidential
building or unit for which the types or sizes of the uses therein
have not been determined by the applicant, or are subject to change
in the future, a connection fee shall be assessed based upon the maximum
potential estimated sewer usage in the building or unit.
f.
An application for additional capacity shall be made by any existing
nonresidential user whenever there is an increase in the projected
sewer usage for any existing building or unit resulting from an increase
in size in the building or unit. A connection fee shall be charged
to the nonresidential user based upon the increase in estimated sewer
usage associated with the aforesaid increase in size.
g.
In the event that an application is made to reinstate sewer service
to a residential structure that was previously abandoned or terminated
when the prior structure was demolished or substantially totally destroyed
because of catastrophe, no additional connection fee shall be due
provided that the application for service is made within two (2) years
of the date of the prior termination of service.
h.
In the event that an application is made to reinstate sewer service
to a non-residential structure that was previously abandoned or terminated
when the prior structure was demolished or substantially totally destroyed
because of catastrophe, no additional connection fee shall be due,
provided that: (1) the applicant has continued to pay sewer service
charges for the property on a quarterly basis as those charges became
due, and (2) there is no change in the estimated sewer usage of the
building. In the event that condition (1) herein has been satisfied,
but there will be an increase in the estimated sewer usage of the
building, then the applicant shall pay a connection fee only on the
amount of the increase in the estimated sewer usage.
[2000 Code § 18-6.1; Ord. No.
2018-44]
Any property owner connected to the sewer system or who is required to connect to the sewer system shall pay a full annual charge in accordance with the following schedule: (See subsection 18-6.3 for establishment of fees.)
|
Meter Size
|
Service Charge
|
Tap Fee
|
|---|---|---|
|
5/8 inch
| ||
|
3/4 inch
| ||
|
1 inch
| ||
|
1 1/2 inch
| ||
|
2 inch
| ||
|
3 inch
| ||
|
4 inch
| ||
|
6 inch
| ||
|
8 inch
|
[2000 Code § 18-6.2; Ord. No. 2018-44]
The amount to be paid for annual sewer service for each property
connected or required to be connected shall be charged not less than
one (1) flat/demand/customer service charge plus a charge equal to
fifty (50) times per one thousand (1,000) gallons of water computed
in the premises as reported to the Sewer Utility by the privately-owned
water company servicing the property.
[2000 Code § 18-6.3; Ord. No. 2018-44]
The above amounts are to be set by resolution as indicated in
this section by the Mayor and Council on an annual basis or shall
remain as set for the previous year if no new resolution is passed.
[Ord. No. 2929; Ord. No. 2018-44]
a.
A property owner may request an exemption from the payment of monthly
sewage charges for the following water metered service lines:
1.
A metered fire service line that is not connected, by-passed or attached
utilizing any other means of connection to the domestic water side
of the building.
2.
A lawn irrigation and/or lawn sprinkler system that is not connected,
by-passed or attached utilizing any other means of connection to the
domestic water side of the building.
b.
Application Procedure.
1.
The applicant shall file an application entitled "Request for Metered
Exemption Charges" with the Plumbing Subcode Official for the City.
2.
The applicant shall provide reasonable access, during normal business
hours, to the Plumbing Subcode Official to review and certify that
no cross connections exist and that the metering device seeking exemption
is not tied into the domestic line.
c.
Certification Procedure.
1.
Upon inspection and approval by the Plumbing Subcode Official, a
copy of the approved application shall be forwarded to the Tax Collector
or other City agency that has responsibility for assessing those charges.
2.
The Tax Collector or other City agency having responsibility for
assessing sewer charges, shall then exempt that metering device for
the next sewer billing cycle and each and every cycle thereafter.
d.
Penalties and Enforcement.
1.
Any metering device that has been granted an exemption but which
has been illegally connected on the domestic side of the water service
to the building, shall be subject to a daily fine equal to monthly
charges that would have been incurred from the date of violation to
the date of exemption granted.
2.
The City reserves the right to discontinue sewer service if the improper
reconnection jeopardizes any requirements of the laws and regulations
of the New Jersey Department of Environmental Protection.
[2000 Code § 18-7; Ord. No. 2018-44]
Sewer rental shall be payable to the Sewer Utility Clerk or
such other persons appointed by the City, in advance, on a quarterly
basis each year and every year thereafter, or such time as designated
by the City of Asbury Park Sewer Utility.
[2000 Code § 18-8.1; Ord. No. 2018-44]
Houses, buildings, stores, premises, and apartment units being
served by their own wells, but being connected to the sewer system,
shall have their respective wells properly metered by the Sewer Utility
at the owner's expense and shall pay the sewage rate as determined
by the meter and provided for in this section, with the exception
of wells used solely for watering lawns.
[2000 Code § 18-8.2; Ord. No. 2018-44]
The sewer rental in all cases not covered by this section and
where the use of property is other than as permitted by the zoning
ordinance of the City where a special use permit is required or for
any industrial use which produces a waste material discharge in the
sewer system shall be established by the City by separate contract
in such amount as would be proportionate to its use of the waste sewer
system.
[2000 Code § 18-9.1; Ord. No. 2018-44]
Delinquent payments, late charges, interest and costs shall
become a lien upon the property of the rate payer for which the payments
are delinquent.
[2000 Code § 18-9.2; Ord. No. 2018-44]
If the sewer rental charge imposed herein is not paid on the
date due, it shall become delinquent and shall bear interest thereon
at the rate of eight (8%) percent per annum on the first one thousand
five hundred ($1,500.00) dollars of the delinquency and eighteen (18%)
percent per annum on any amount in excess of one thousand five hundred
($1,500.00) dollars to be calculated from the date the sewer rental
charge was payable until the date of actual payment.
[2000 Code § 18-9.3; Ord. No. 2018-44]
a.
If any sewer rental charge payment herein shall remain unpaid in
whole or in part for a period of six (6) consecutive months, the City
shall have the right to enter upon the property and disconnect the
property sewer system from the City sewer system in such a manner
as shall be appropriate under the circumstances. The rate payer shall
be responsible for all costs involved in the disconnecting and reconnecting
of the sewer system, which shall be paid to the City prior to reconnection.
b.
1.
The City shall provide a credit applicable toward a connection or
tapping fee to be charged for a reconnection of a disconnected property
that was previously connected to the water supply system, provided
that:
2.
The credit required under subsection a. of this section shall be calculated as follows:
(a)
If the reconnection does not require any new physical connection
or does not increase the nature or size of the service or the number
of services units, or does not expand the use of the water supply
system, the credit shall be equal in amount to the new connection
or tapping fee.
(b)
If the reconnection requires a new physical connection, increases
the nature or size of the service or the number of service units,
or expands the use of the water supply system, the credit shall be
equal in amount to any connection or tapping fee previously paid for
the property, and the local unit shall charge the difference between
the credit and the connection or tapping fee for the new use or class.
(c)
If no connection or tapping fee was ever paid for the property,
but all service charges due and owing on the property have been paid
for at least twenty (20) years, the credit shall be equal in amount
to the new connection or tapping fee; provided, however, that any
charges due and owing pursuant to paragraph (b) above shall be paid.
3.
If no connection or tapping fee was ever paid for a disconnected
property that is to be reconnected and which was previously connected
to the water supply system for at least twenty (20) years, the local
unit shall charge, in addition to any amount due and owing after application
of a credit pursuant to this section, a connection or tapping fee
equal to the lesser of:
(a)
Twenty (20%) percent of the service charges that would have
been paid based upon the usage for the last full year that the property
was connected to the water supply system for the period from the date
of the disconnection from the water supply system to the date of the
new connection; or
(b)
The new connection fee.
4.
A credit shall not be allowed under this section for a property that
has been disconnected from the water supply system for more than five
(5) years.
5.
As used in this section, "disconnected property" means a property
that has been physically disconnected from the water supply system
or a property not physically disconnected but to which service has
been discontinued without payments being made. A "disconnected property"
shall not include a property that has been temporarily disconnected
from the water supply system or to which service has been discontinued
without payments being made for less than twelve (12) consecutive
months and is being reconnected as it existed, prior to the temporary
disconnection or discontinuance of service.
[2000 Code § 18-9.4; Ord. No. 2590; Ord. No. 2018-44]
a.
In the event any person shall dispute any rental charge or late fee,
he/she shall file with the Sewer Collection Clerk, or such other designated
person, his/her reason for disputing the rental charge or tap fee
on the form provided by the Sewer Utility Clerk within fifteen (15)
days of his/her receipt of the charges.
b.
Within fifteen (15) days of the filing of the dispute, the City representative
shall advise the rate payer, in writing, of the decision. In the event
the rate payer is not satisfied with the decision, they may file an
appeal on forms provided by the Sewer Utility within fifteen (15)
days of the City representative's decision to the Appeals Board.
c.
The Appeals Board shall, within thirty (30) days, hold a hearing
as to only those issues set forth in the rate payer's appeal
forms. After the day of the hearing, the Appeals Board shall render
its decision within ten (10) days, which shall be final and binding
upon all parties.
d.
The Board of Appeals shall consist of the City Manager or his/her
designee, City Finance Officer and City Tax Assessor.
[2000 Code § 18-10; Ord. No. 2018-44]
Any sewer shall be capped before there is any demolition of
a building.
[2000 Code § 18-11; New; Ord. No.
2018-44]
The penalty for violation of any provisions of this chapter, where no other penalty, fine, or imprisonment is provided, shall be, upon conviction, the penalty stated in Chapter I, Section 1-5. This penalty shall be in addition to any different type of penalty or sanction provided for in this section.
[2000 Code § 18-12.1; Ord. No.
2018-44]
The purpose of this section is to institute a procedure for
obtaining approval for sewer connections or endorsements for sewer
extensions, as defined herein.
[2000 Code § 18-12.2; Ord. No.
2018-44]
As used in this section:
shall mean the volume of sewage and other wastes which a
domestic treatment works receives; actual flow shall be determined
by the arithmetic average of the metered daily volumes of waste received
at a treatment works for the preceding period of three (3) consecutive
calendar months. Where peak flows have been determined by the City
Engineer or his/her designee to be seasonal in nature, the seasonal
peak flow shall be used in determining actual flow.
shall mean that in the downstream sewers, the peak dry weather
flow does not exceed eighty (80%) percent of the depth of the pipe
and the peak wet weather flow does not result in the overflows or
discharges from any manhole.
shall mean the sum of the actual flow plus the sum of all
flows which are anticipated from connections which have been approved
but are not yet in operation. The flow to be anticipated from any
such connection shall be that flow referred to in the approval from
the City.
shall mean any physical or operational change to a collection
system or to the plumbing or piping of any building, project facility
or other structure, either proposed or existing, for which a building
permit or other municipal approval including site plan and subdivision
approval is required, which connects directly or indirectly to any
portion of a domestic treatment works and for which the projected
design flow exceeds four hundred (400) gallons per day, but is less
than two thousand (2,000) gallons per day.
shall mean an approval permit to construct and operate a
sewer connection.
shall mean the average volume of wastewater, which a domestic
treatment works was designed to treat or convey, or the maximum permissible
volume of flow to a domestic treatment works as established by a NJPDES
permit, or a treatment works approval, whichever permit or approval
is most recently issued.
shall mean the publicly operated treatment works located
in Asbury Park which treats and processes domestic wastes together
with any groundwater, surface water, stormwater or industrial process
water that may be present.
shall mean a resolution, adopted by the City Council, endorsing
the project for which an extension is required for purposes of permitting
application to be made to the New Jersey Department of Environmental
Protection for Treatment Works Approval.
shall mean a connection, as defined herein, for which the
design flow equals or exceeds two thousand (2,000) gallons per day.
shall mean the hydraulic, biological or sludge handling capability
necessary to meet the terms and conditions of the NJPDES permit.
shall mean any individual, corporation, company, partnership,
firm, association, owner or operator of a treatment works, political
subdivision of this State or any State or State agency.
shall mean the City of Asbury Park.
shall mean the ocean and its estuaries, all streams, springs,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State or subject to its jurisdiction.
[2000 Code § 18-12.3; Ord. No.
2018-44]
The City, its boards, officers and agents shall not permit a
street to be opened or a connection, as herein defined, to be made
unless an approval has been granted for such connection by resolution
of the Governing Body of the City pursuant to the procedure set forth
herein.
[2000 Code § 18-12.4; Ord. No.
2018-44]
The City, its boards, officers and agents shall condition the
approval of any building projects by way of preliminary or final subdivision
or site plan approval, building permit or other form of approval,
which will require a sewer connection, upon the terms and requirements
of this section.
[2000 Code § 18-12.5; Ord. No.
2018-44]
a.
Procedure. The Office of Planning and Zoning shall provide the applicant
with copies of these regulations, a connection/extension application
form, a request for endorsement form (for extensions only) and information
on water conservation plumbing.
1.
The applicant shall submit the application for a connection/extension
along with the appropriate documentation, including a water conservation
plan, to the Office of Planning and Zoning.
2.
After review of the application, the Office of Planning and Zoning
shall notify the City Council of the results of its review. Before
making a decision, the City may request that additional documentation
be supplied. When additional information is not supplied as requested,
the City may deny the application and reapplication will be necessary.
3.
If the Council finds that the submitted water conservation and plumbing
plan is acceptable, it shall approve the application by resolution.
The applicant shall submit a copy of the resolution to the Department
of Public Works prior to the issuance of a street opening permit.
4.
If the City Council finds that the application constitutes an extension,
as defined herein, it may endorse the extension by resolution for
purposes of obtaining the Treatment Works Approval from the New Jersey
Department of Environmental Protection, as required under N.J.A.C.
7:14-2.1 and 7:14A-12.1 et seq.
5.
Upon receipt of a Treatment Works Approval for sewer extension, the
applicant shall submit copies of the approval, with a copy of the
resolution of the City Council endorsing the extension, to the Department
of Public Maintenance prior to the issuance of street opening permits
to the connections to the treatment works.
b.
Transfer of Approval. A connection/extension approval granted for
a specific property is not transferable to any other property and
is only transferable to another person if the original circumstances
which justified granting the approval have not changed.
c.
Other Obligations. The granting of a connection/extension approval
by the City does not relieve the applicant from complying with all
other State and local requirements, including 201 Facilities and 208
Water Quality Management Plans and obtaining the requisite treatment
works approval from the New Jersey Department of Environmental Protection
for extensions.
[2000 Code § 18-12.7; Ord. No.
2018-44]
[2000 Code § 18-12.8; Ord. No.
2018-44]
The City Manager or his/her designee is hereby authorized to
enact reasonable and necessary regulations for the purpose of implementing
this section.
(See also Chapter XX, Environmental Regulations)
[2000 Code § 18-14.1]
As used in this section:
shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures in
five (5) days at twenty (20°C) degrees Centigrade expressed in
milligrams per liter.
shall mean the extension from the building drain to the public
sewer.
shall mean the City of Asbury Park, County of Monmouth, State
of New Jersey, or the City Council of Asbury Park, acting through
the Mayor or his/her designee.
shall mean the U.S. Environmental Protection Agency or, where
appropriate, the Administrator or other duly authorized official of
the agency.
shall mean solid wastes from the domestic and commercial
preparation, cooking and dispensing of food and from the handling,
storage and sale of produce.
shall mean the liquid wastes from industrial manufacturing
processes, trades or business, as distinct from sanitary sewage.
shall mean any outlet into a watercourse, pond, ditch, lake,
or other body of surface or groundwater.
shall mean the New Jersey Department of Environmental Protection
or, where appropriate, the Commissioner or other duly authorized official
of the agency.
shall mean any individual, firm, company, association, society,
corporation or group, or governmental entity, or their representatives,
agents or assignors.
shall mean the logarithm (base 10) of the reciprocal of the
concentration of hydrogen ions expressed in moles per liter of solution.
shall mean a sewer in which all owners of abutting properties
have equal rights and which is controlled by public authority.
shall mean a sewer which carries sewage and to which storm,
surface and groundwaters are not intentionally admitted.
shall mean the wash water, culinary waste and liquid waste
containing human excreta and similar matter. Sanitary waste does not
include industrial waste.
shall mean a combination of the water-carried wastes from
residences, business buildings, institutions and industrial establishments,
together with such ground, surface and stormwaters as may be present
(synonymous with "waste" and "wastewater")
shall mean any arrangements or devices and structures used
for treating sewage and owned by the City.
shall mean all facilities owned by the City for collecting,
pumping, treating and disposing of sewage.
shall mean a pipe or conduit for carrying sewage.
shall mean any discharge of water, sewage or industrial waste
which in concentration of any given constituent or in quantity of
flow exceeds for any period or duration longer than fifteen (15) minutes
more than five (5) times the average twenty-four (24) hour concentration
of flows during normal operation.
shall mean a sewer which carries storm and surface waters
and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
shall mean solids that either float on the surface of or
are in suspension in water, sewage or other liquids and which are
removable by laboratory filtering under standard laboratory procedure.
shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
[2000 Code § 18-14.2]
a.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial process waters into any sanitary
sewer.
b.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewers, or
to a natural outlet approved by the City. Industrial cooling water
or unpolluted process waters may be discharged on approval of the
City to a storm sewer or natural outlet.
c.
No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
1.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
2.
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other waste to injure or interfere with any sewage treatment process,
constituting a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the sewage treatment
plan.
3.
Solid or viscous substances, either whole or ground by garbage grinders,
in quantities or of such size capable of causing obstruction to the
flow in sewers or other interference with the proper operation of
the sewage works.
d.
No person shall discharge or cause to be discharged the following
described substances, materials, waters or wastes if it appears likely
in the opinion of the City that such water can harm either the sewer,
sewerage treatment process, or equipment, have an adverse effect on
the receiving stream or can otherwise endanger life, limb, public
property or constitute a nuisance. In forming an opinion as to the
acceptability of these wastes, the City will 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 plan
and other pertinent factors. The City will be guided in forming an
opinion on the availability of wastes by accepted standards of practice
such as those used by the EPA and the Water Pollution Control Federation.
The substances prohibited are:
1.
Any liquid or vapor having a temperature higher than one hundred
fifty (150°F) degrees Fahrenheit (65°C).
2.
Any water or waste containing more than two hundred (200) mg/l of
oil or grease of non-petroleum origin or containing substances which
may solidify or become viscous at temperatures between thirty-two
(32°F) and one hundred fifty (150°F) degrees Fahrenheit (0°
and 65°C).
3.
Any waters or wastes containing, on an average monthly basis, more
than one hundred (100) mg/l of oil or grease of petroleum origin,
nor shall the concentration in any single sample exceed one hundred
fifty (150) mg/l.
4.
Any waters or wastes containing phenols or other taste or odor-producing
substances in concentrations exceeding limits which may be established
by the City as necessary after treatment of the composite sewage to
meet the requirements of the State, Federal or other public agencies
or jurisdiction for such discharge to the receiving waters.
5.
Any radioactive wastes or isotopes of half-life or concentration
as may exceed limits established by the City in compliance with applicable
State or Federal regulations.
6.
Any waters or wastes having a pH of less than 5.5 or greater than
9.5.
7.
Any waters or wastes containing:
(a)
A BOD or Suspended Solids concentration in excess of 350 mg/l
without first obtaining specific approval from the City.
(b)
Excessive discoloration.
(c)
Unusual chemical oxygen demand or chlorine requirements in such
quantities as to constitute a significant load on the sewage treatment
works.
(d)
Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
8.
Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment processed employed,
or which are amenable to treatment only to such degree that the sewage
treatment plan effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
e.
The disposal into the public sewer system of any pollutant by any
person shall comply with Federal standards promulgated by the EPA
pursuant to the Federal Clean Water Act and those of the NJDEP.
f.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the City, 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 such interceptors
shall be a type and capacity approved by the City and shall be located
as to be readily and easily accessible for cleaning and inspection.
g.
Where preliminary treatment or flow-equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
h.
When required by the City, the owner of any property serviced by
a building sewer carrying industrial wastes shall install a suitable
control manhole located at a point on the sewer following all waste
discharges, together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located, and shall be constructed in accordance with plans
approved by the City. The installation shall be by the owner at his/her
expense and shall be maintained by him/her so as to be safe and accessible
at all times.
i.
All laboratory analyses of the characteristics of waters and wastes
to which reference is made in this section shall be performed by NJDEP
and EPA certified laboratories in accordance with approved laboratory
procedures. All measurements, tests and analyses shall be determined
at the control manhole which 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.
j.
No statement contained in this article shall be construed as preventing
any special agreement or arrangement between the City and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the City for treatment, subject to payment therefor
by the industrial concern.
k.
The owner of any property must obtain approval by the City prior
to commencement of construction of all building sewer connections
to the sewage work. The size, slope, alignment, materials of construction
of a building sewer and the methods to be used in excavating, placing
of the pipe, jointing, testing and backfilling the trench, and all
connections to the sewage works shall be designed and constructed
to conform to the requirements and procedures set forth by the City
and in the Building and Plumbing Code of the City. In the absence
of City Code provisions or in amplification thereof, the materials
and procedures shall be as set forth in appropriate specifications
of the American Standards for Testing Materials (ASTM) and Water Pollution
Control Federation (WPCF) in the most current Manual of Practice,
or such other standards as the City may designate. All connections
to the sewage works shall be subject to the inspection and approval
of the City. All such connections shall be made gastight and watertight.
Any deviation from the prescribed procedures and materials must be
approved by the City before installation.
[2000 Code § 18-14.3]
No unauthorized 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 sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
[2000 Code § 18-14.4]
a.
Duly authorized employees of the City, and NJDEP and EPA representatives
bearing proper credentials and identification, shall be permitted
to enter all properties for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this section.
b.
While performing the necessary work on private properties referred
to in paragraph a., duly authorized employees of the City shall observe
all safety rules applicable to the premises established by the company.
[2000 Code § 18-14.5]
a.
Any person found to be violating any provision of this section shall
be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory
correction whereof. The offender shall, within the period of time
stated in such notice, permanently abate all violations. Violation
of this section may result in termination of the disposal authorization.
b.
Any person who shall continue any violation beyond the time limit provided for in this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be liable to the penalty stated in Chapter I, Section 1-5 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
c.
Any person violating any of the provisions of this section shall
become liable to the City for any expense, loss or damage occasioned
by the City by reason of each violation.
[2000 Code § 18-14.6]
The City shall promulgate such rules, regulations, guidelines
and standards as may be necessary to assure the proper administration
and effectuation of this section.
[Ord. No. 2971]
a.
For all establishments within the City of Asbury Park where grease,
oil or sand is generated which has the capacity to enter the sanitary
sewer system, an annual plumbing inspection fee of one hundred ($100.00)
dollars shall be required. The City will bill each establishment in
January, and this fee must be paid no later than March 15. A contract
and evidence that the contract is in force or invoices showing that
the facilities are being properly cleaned and maintained shall be
presented with payment. Failure to pay the annual inspection fee and
provide the required proof of maintenance will prohibit the issuance
of a mercantile license for that year.
b.
The Plumbing Subcode Official shall make a yearly inspection of all
establishments wherein the potential of grease, oil or sand to enter
the sanitary sewer system is present. If a facility is a constant
problem for the City, and the owner is not cooperating with the City
in finding a solution to the grease, oil or sand problems, and making
the necessary modifications to their facilities, and the Plumbing
Subcode Officials are required to make repeated inspections, then
the City will charge an additional fee of fifty ($50.00) dollars for
each inspection above the initial one covered by the aforementioned
fee until the problem is resolved.
[Ord. No. 2971]
a.
All grease, oil and sand interceptors require periodic maintenance
and cleaning. Experience will show the optimum cleaning cycle, but
generally each interceptor should be cleaned on a weekly or monthly
basis. Existing grease interceptors of very limited capacity may require
cleaning on a daily basis. The use of enzymes or other chemicals to
attempt to keep the grease in suspension shall not be used. Experience
has shown that these compounds only deposit the grease downstream
from the trap in the sanitary sewer system. Any blockages caused by
the illegal use of enzymes will be removed by the party responsible
at their cost. The owner of an interceptor must show evidence to the
City personnel during their periodic inspection that the interceptor
has been cleaned on a regular basis. The establishment shall provide
either: a contract for yearly cleaning and evidence that the contract
is in force, or an invoice for each cleaning event.
b.
If City personnel find during their annual inspection or during inspections
of the City sewer mains that the interceptor is not being properly
maintained and grease is entering the sanitary sewer system, the owner
will be responsible to clean the system or the City of Asbury Park
will perform the work and bill the owner. IF there is continued evidence
of lack of maintenance at a facility, the City reserves the right
to disconnect the violator from the sewer system. All costs to disconnect
and reconnect will be borne by the property owner.
[Ord. No. 2971]
