[Ord. #690; 1976 Code § 175-1]
As used in this section:
a.
The Act shall mean the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), as amended by the Federal Water Pollution Act Amendments
of 1977 and subsequent amendments.
b.
Biochemical oxygen demand (BOD) shall mean: (1) The quantity of oxygen
used in the biochemical oxidation of organic matter in a specified
time, at a specified temperature, and under specified conditions;
(2) A standard test used in assessing wastewater strength.
c.
Commercial user of individual system shall mean private establishments,
such as restaurants, hotels, stores, filling stations or recreational
facilities, with dry weather wastewater flows less than 25,000 gallons
per day. Private, non-profit entities such as churches, schools, hospitals,
or charitable organizations are considered small commercial establishments.
A commercial establishment with wastewater flow equal to or smaller
than one user equivalent (generally 300 gallons per day dry weather
flow) shall be treated as a residence.
d.
Dissolved oxygen (DO) shall mean the oxygen dissolved in water, or
other liquid, parts per million or percent of saturation.
e.
Domestic wastewater shall mean wastewater derived principally from
dwellings due to domestic activities. It may or may not contain groundwater,
surface water, or storm water.
f.
Industrial cost recovery shall mean recovery by the Township from
the industrial users of a treatment works, and from commercial users
of an individual system, of the grant amount allocable to the treatment
of waste from such users.
g.
Industrial cost recovery period shall mean that period during which
the grant amount allocable to the construction of facilities for treatment
of wastes from industrial users is recovered from the industrial users
of such works.
h.
Industrial user shall mean:
1.
Any nongovernmental, nonresidential user of a publicly owned treatment
works which discharges more than the equivalent of 25,000 gallons
per day (gpd) of sanitary wastes and which is identified in the Standard
Industrial Classification Manual, 1972, Office of Management and Budget,
as amended and supplemented under one of the following divisions:
Division A. Agriculture, Forestry, and Fishing
Division B. Mining
Division C. Manufacturing
Division D. Transportation, Communications, Electric, Gas and
Sanitary Services
Division I. Services
2.
A nongovernmental user of a publicly owned treatment works which
discharges wastewater to the treatment works which contains toxic
pollutants or poisonous solids, liquids, or gases in sufficient quantity
either singly or by interaction with other wastes, to contaminate
the sludge of any municipal systems, or to injure or to interfere
with any sewage treatment process, or which constitutes a hazard to
humans or animals, creates a public nuisance, or creates any hazard
in or has an adverse effect on the waters receiving any discharge
from the treatment works.
3.
All commercial users of an individual system constructed with grant
assistance under Section 201(h) of the Act.
i.
Letter of intent shall mean a written statement from an industrial
user to a Municipality of that user's intent to utilize a specified
portion of the publicly-owned waste treatment facility for a given
length of time.
j.
Process water shall mean water that comes in contact with an end
product or with materials incorporated in an end product.
k.
Replacement shall mean expenditures for obtaining and installing
equipment, accessories, or appurtenances which are necessary during
the service life of the treatment works to maintain the capacity and
performance for which such works were designed and constructed.
l.
Sanitary sewer shall mean a sewer intended to carry only sanitary
or sanitary and industrial waste waters, from residences, commercial
buildings, industrial plants, and institutions.
m.
Suspended solids (SS) shall mean solids that either float on the
surface of, or are in suspension in water, wastewater, or other liquids,
and which are largely removable by laboratory filtering.
n.
Treatment works shall mean any devices and systems used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial
wastes of a liquid nature to implement Section 201 of the Act, or
necessary to recycle or reuse water at the most economical cost over
the useful life of the works, including intercepting sewers, outfall
sewers, sewage collection systems, pumping, power, and other equipment
and their appurtenances; extensions, improvement, remodeling, additions,
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities;
and any works, including site acquisitions of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment; or any other method
or system for preventing, abating, reducing, storing, treating, separating,
or disposing of municipal waste, including storm water run-off, or
industrial waste, including waste in combined storm water and sanitary
sewer systems.
o.
Useful life shall mean estimated period during which a treatment
works will be operated.
p.
User charge shall mean a charge levied on users of a treatment works
for the cost of operation and maintenance of such works, pursuant
to Section 204(b) of the Act.
q.
Wastewater survey shall mean an investigation of the quality and
characteristics of each waste stream, as in an industrial plant or
Municipality.
[Ord. #690; 1976 Code § 175-2]
a.
General. Each industrial user of the treatment works shall pay an
annual amount equal to its share of the total amount of the step 1,
2, and 3 grants, and any grant amendments awarded to the Township,
or the North West Bergen County Municipal Utilities Authority, divided
by the number of years in the recovery period. An industrial user's
share shall be based on factors which significantly influence the
cost of the treatment works, including: volume of flow, strength,
and delivery flow rate characteristics, if necessary, to insure that
all industrial users of the treatment works pay a proportionate distribution
of the grant assistance allocable to industrial use.
b.
Cost Recovery Period. The industrial cost recovery period shall be
equal to 30 years for industry presently located within the Township
and shall start from the day the industry is connected to the sewage
system.
c.
New Industry. The cost recovery period shall be 30 years, less the
number of years the Township system has been in operation, for any
new industry which may locate within the Township in the future.
d.
Amount. The amount to be paid annually by any industry shall be determined
by the Engineers for the Township and the Northwest Bergen County
Municipal Utilities Authority.
e.
Calculations. All calculations pertaining to industrial cost recovery
shall be presented, in writing, to the industry and the United States
Environmental Protection Agency for review and comment.
f.
Appeals. In case of disagreement between the industry and the engineer's
calculations, the industry could appeal to the Township, the Northwest
Bergen County Municipal Utilities Authority and the United States
Environmental Protection Agency for reconsideration. The appeal by
the industry should be presented in writing. The Township shall schedule
a meeting with the industry, the Northwest Bergen County Municipal
Utilities Authority and the United States Environmental Protection
Agency within 45 days from the day the Township receives the appeal.
The facts, as presented by all interested parties, shall be presented
to the United States Environmental Protection Agency for final decision.
g.
Monitoring. The Township and the Northwest Bergen County Municipal
Utilities Authority reserve the right to institute monitoring for
flow, B.O.D. load and S.S. load at any time. In case of a discrepancy
between the original calculations and the monitoring instituted by
the Township or the Northwest Bergen County Municipal Utilities Authority,
adjustments will be made in the annual payment for industrial cost
recovery.
h.
Frequency of Payment. Each industrial user shall pay not less often
than annually. The first payment by an industrial user shall be made
not later than one year after the user begins use of the treatment
works.
i.
Billing. The Township shall bill the industry annually. Payment by
the industry to the Township is due within 30 days. Failure to make
payment on time shall bear interest at the rate of 1% per month.
j.
Records. Separate records shall be kept for all payments by the Township
Treasurer.
k.
Funds Disbursements. Disbursements of funds will be made annually.
Fifty percent will be retained by the Township and the remaining 50%
will be paid to the United States Environmental Protection Agency.
l.
Reserve Capacity. If an industrial user enters into an agreement
with the Township to reserve a certain capacity in the treatment works,
the user's industrial cost recovery payments shall be based on
the total reserved capacity in relation to the design capacity of
the treatment works. If the discharge of an industrial user exceeds
the reserved capacity in volume, strength or delivery flow rate characteristics,
the user's industrial cost recovery payment shall be increased
to reflect the actual use. If there is no reserve capacity agreement
between the industrial user and the Township, and a substantial change
in the strength, volume, or delivery flow rate characteristics of
an industrial user's discharge share occurs, the user's
share shall be adjusted proportionately.
m.
Expansion of Treatment Works. Should the treatment works be expanded,
each industrial user's share shall be adjusted proportionately,
except that a user with reserved capacity under paragraph d of this
subsection shall incur no additional industrial cost recovery charges
unless the user's actual use exceeds its reserved capacity.
n.
Inconsistent Agreements. The industrial cost recovery system shall
take precedence over any terms or conditions of agreements or contracts
between the Township and industrial users which are inconsistent with
the requirements of Section 204(b)(1)(B) of the Act and these industrial
cost recovery regulations.
o.
Industrial User's Share. Each industrial user's share of
the total amount of the Step 1,2, and 3 grants shall be based on the
following:
1.
Treatment Plants. All industrial users to reduce BOD and SS to domestic
levels:
|
Sum of all Federal Grants
|
x
|
Industrial User's Flow
Design Capacity
|
|
For industrial users discharging wastewater to the treatment
works containing BOD and/or SS greater than domestic wastewater:
|
|
Federal grant allocable to flow
Design Capacity
|
x
|
Flow from industry
|
|
|
|
|
|
Federal grant allocable to BOD
\Design BOD
|
x
|
BOD load from the industry
|
|
|
|
|
|
Federal grant allocable to SS
Design SS
|
x
|
SS load from the industry
|
|
The federal grant allocations for flow, BOD and SS shall be
established by the Township jointly with Northwest Bergen County Municipal
Utilities Authority for all wastewater discharge to the Authority's
treatment plant in Waldwick.
|
|
The federal grant allocations for flow, BOD and SS shall be
established by the Township for all wastewater discharged to any municipally
owned treatment plant.
|
2.
Collection and Interceptor Systems. Sum of federal grants for the
section of the collection and interceptor system beginning at the
point of discharge from the industry to the wastewater treatment plant
times the flow from the industry divided by the design capacity of
the section.
[Ord. #642; 1976 Code § 141-1]
This section is enacted pursuant to N.J.A.C. 7:9-1 et seq.
[Ord. #642; 1976 Code § 141-2]
The goals and objectives of the Township in enacting this section
are:
a.
To control the construction and operation of sewage treatment plants
in accordance with the standards stated herein:
b.
To protect and preserve the environmental quality of the land, water,
and air within the Township from any harm which may result from improperly
located, designed, constructed, or operated sewage treatment plants.
c.
To insure the compatibility of sewage treatment plants with the Township's
Master Plan for Sewerage.
[Ord. #642; 1976 Code § 141-3]
The Township Council, or such other person designated by resolution
of the Township Council, is hereby designated as the Municipal authority
with the power and duty to administer this section.
[Ord. #642; 1976 Code § 141-4]
Certain words and phrases used in this section are defined for
the purposes hereof as follows:
Shall mean the degree of treatment required as specified
by the NJDEP.
Shall mean the Report on the Master Plan for Sewerage for
the Township of Mahwah, Bergen County, New Jersey, prepared by Elam
and Popoff Engineering Associates, dated May 1969.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean the Rules and Regulations for the Preparation
and Submission of Plans for Sewer Systems and Wastewater Treatment
Plants issued by the NJDEP.
Shall mean the National Pollutant Discharge Elimination System
permit issued by the USEPA to every point discharge of wastewater.
Shall mean any individual, association, partnership, corporation
or cooperative group.
Shall mean an arrangement of devices and structures for treating
sewage (wastewater), industrial wastes, and sludges for the purpose
of controlling the waste-borne pollution waterways.
Shall mean the United States Environmental Protection Agency.
[Ord. #642; 1976 Code §§ 141-5, 141-6, 141-7]
a.
The sewage treatment plant shall be designed to provide the level
of treatment required by the NJDEP and USEPA, and maintain the water
quality standards as amended established by the NJDEP and USEPA for
the receiving waters.
b.
The sewage treatment plant shall be designed in accordance with the
NJDEP rules and regulations as amended. The plants shall also be designed
in accordance with all applicable Federal rules and regulations.
c.
The sewage treatment plant shall be designed in accordance with such
additional standards as may be established by the Township.
[Ord. #642; 1976 Code § 141-8]
In accordance with N.J.A.C. 7:9-18, the Township Council shall
be the Municipal authority to endorse or approve the request of any
person to construct or operate a sewage treatment plant within the
Township.
[Ord. #642; 1976 Code § 141-9; New]
a.
The Township Council may not formally accept an application for conceptual,
construction and/or operating approval unless the following conditions
and other conditions specified elsewhere have been complied with.
1.
Application to the Planning Board. Four application forms required
by the Planning Board shall be completed and submitted to the Planning
Board.
2.
Required Maps, Plans, Forms, and Reports. All required maps, plans,
forms, fees, and reports shall be submitted to the Planning Board.
Two copies of all maps, plans, forms, and reports and required herein
shall be forwarded to the Township Sewer Engineer. One copy of the
application shall be forwarded to the Township Council.
3.
Application Fees and Escrow Fund Requirements. All application fees
and escrow funds shall be paid to the Planning Board and due notice
of same made to the Township Council.
4.
Report by Township's Water and Sewer Consultant. Within 30 calendar
days from the date that a "Formal Application Acceptance by the Township"
is made, the Township Sewer Engineer shall prepare a written report
with recommendation to the Township Council, Planning Board, and Environmental
Commission. The Township Council shall have the option to extend this
time period to a greater period, but in no case shall this period
exceed 90 days.
5.
Reports by Other Boards or Agencies. Written reports from the Planning
Board or any other agencies as required or requested by the Township
Council shall be received by the Township Council, provided that such
boards and/or agencies shall have no less than 45 days from the date
of receipt of the Sewer Engineer's Report and Recommendations
to review and comment on same. The Township Council shall have the
option to extend this time period to a greater period, but in no case
shall this period exceed 90 days from the date of submission to the
board or agency.
b.
Formal Application Acceptance by the Township. Within 20 calendar
days from the date that the Township Sewer Engineer receives the required
maps, plans, forms, and reports, the Engineer shall report to the
Township Planning Board with copy to the applicant that the document
and plans as submitted by the applicant are/are not in accordance
with the requirement of the Township.
[Ord. #642; 1976 Code § 141-10]
a.
Conceptual Approval Requirements. An application for conceptual approval
shall include both a written report and maps as outlined in paragraphs
b and c.
b.
Report Requirements. A written report signed by a professional engineer
satisfying the requirements set forth in the NJDEP Project Report
Requirements, as amended, shall be submitted. The report shall include
but not be limited to information related to the following:
1.
Project concept.
2.
Water quality management considerations, including receiving water
characteristics, removal calculations for significant constituents,
and a solid balance.
3.
Design period.
4.
Preliminary environmental assessment investigations.
5.
Wastewater characteristics (municipal, industrial, commercial, etc.)
6.
Sewerage system.
7.
Treatment system, including processes selected, provisions to insure
reliability.
8.
Ultimate disposal of sludge and solids.
9.
Method of financing capital and operating costs.
10.
Project schedule.
c.
Map Requirements. One or more maps at appropriate scales shall be
submitted indicating the following:
1.
The location of any existing treatment plants, interceptors, sewers,
and service areas within one mile of the proposed treatment plant.
2.
Municipal boundaries.
3.
The location of the proposed facility and its service area.
4.
The location at which any data presented concerning the receiving
waters was determined.
d.
Endorsement of the treatment facilities by the Northwest Bergen County
Sewer Authority or its successor.
[Ord. #642; 1976 Code § 141-11]
a.
Within 60 days after the receipt of the conceptual approval application,
the report of the Water and Sewer Consultant, the Planning Board report
and recommendation, and the required Northwest Bergen County Sewer
Authority approvals, the Township Council shall endorse or disapprove
the conceptual approval request in a written report giving reasons
for the action so taken.
b.
Where circumstance warrants, extension of the sixty-day limit shall
be permitted by mutual agreement of the applicant and the Township
Council.
c.
If the Township Council endorses the conceptual approval request
or endorses the request subject to modification, the applicant may
proceed to submit the request to the NJDEP.
d.
If the Township Council disapproves the conceptual approval request,
the applicant shall be required to resubmit a new request before the
Township Council considers same.
[Ord. #642; 1976 Code § 141-12]
The Township Council's endorsement of a treatment plant
concept shall be limited to the plant's proposed location, type
of treatment, and other general information. Conceptual endorsement
by the Township does not constitute approval of construction plans
and specifications.
[Ord. #642; 1976 Code § 141-13; New]
a.
Time Specification. An application for approval of the plans and
specifications shall be filed by or on behalf of the persons proposing
to construct a sewage treatment plant within six months following
NJDEP conceptual approval. Where circumstance warrants, an extension
of six additional months shall be permitted by mutual agreement of
the applicant and the Township Council. Failure to meet this time
restriction shall invalidate the endorsement of the request for conceptual
approval.
b.
Requirements for Plans and Specifications. Complete plans and specifications
suitable for construction purposes and complying with the NJDEP rules
and regulations shall be submitted to the Planning Board.
c.
Requirements for Engineer's Report. An engineer's report
prepared by the design engineer and complying with the NJDEP rules
and regulations shall be submitted together with a signed and notarized
statement by the engineer averring that the proposed project complies
with all of the NJDEP rules and regulations, except as may be explicitly
noted.
d.
Requirements for NJDEP Form PWF-1. A copy of NJDEP Form PWF-1, complete
except for the Township's endorsement, shall be submitted.
e.
Application to the Planning Board. Application forms required by
the Planning Board shall be submitted for review and approval concurrently.
f.
The Township Sewer Engineer at its discretion may require additional
documentation and study by the person proposing the sewage treatment
plant.
[Ord. #642; 1976 Code § 141-14; New]
a.
Within 60 days after the receipt of the construction plans and specifications
by the Township, and upon receipt of the required reports from the
Engineer and the Planning Board, and upon the approval of the site
plan or subdivision by the Planning Board, the Township Council shall
endorse or disapprove the construction plans and specifications as
presented by the applicant in a written report giving reason for the
action so taken.
b.
Upon approval, the Mayor shall endorse the PWF-1 form for submission
to the NJDEP.
c.
Upon approval, the Township shall enter into an agreement with the
person proposing the treatment plant to insure the proper construction,
operation, and maintenance of the facilities.
[Ord. #642; 1976 Code § 141-15]
a.
No construction permits for the sewerage treatment plant or any other
structure shall be issued by the Township after its approval of the
construction plans and specifications until they are also approved
by the NJDEP, and an agreement for operation and maintenance is signed
between the Township and the person proposing the sewage treatment
plant.
b.
The constructed facility shall not be operated until accepted by
the Township Council. No certificate of occupancy for any new structure
shall be issued until the acceptance is granted.
[Ord. #642; 1976 Code § 141-16; New]
a.
Inspection by Township Sewer Engineer. Upon completion of construction,
the person responsible shall request of the Township an inspection
of the sewage treatment plant. The inspection shall be conducted by
the Township Sewer Engineer and shall determine compliance with the
approved construction plans and specifications.
[Ord. #642; 1976 Code § 141-17; New]
a.
Report by the Township Sewer Engineer. A written report by the Township
Sewer Engineer shall be received by the Township Council within 30
days of the final inspection date. The Township Council shall have
the option to extend this time period to a greater period, but in
no case shall this period exceed 90 days from the date of the inspection.
If reinspection is required, the same condition shall hold from the
date of the reinspection.
b.
Acceptance by the Township Council of the sewerage treatment plant
shall be made within 30 days after the Sewer Engineer has certified
to the Township that the facilities have been constructed in accordance
with the approved plans and specifications.
[Ord. #642; 1976 Code § 141-18]
a.
The treatment plant shall not be operated nor shall any certificates
of occupancy be issued until operation is also authorized by the NJDEP.
b.
The person responsible for the treatment plant shall obtain an NPDES
permit if discharging to body of water and shall comply in full with
the permit.
c.
The person responsible for the treatment plant shall be responsible
for it satisfying all present and future rules and requirements of
the NJDEP.
d.
Expansion of the treatment plants service area shall not be permitted
without the Township Council's approval, based upon a new application.
e.
The treatment plant will be on interim facility to be maintained
by the person responsible until public facilities become available.
[Ord. #642; 1976 Code § 141-19]
Before approval of construction plans and specifications for
a sewage treatment plant, the Township shall require the furnishing
of a performance guarantee.
[Ord. #642; 1976 Code § 141-20; New]
a.
All improvements specified by this Chapter or required by the Planning
Board shall require the posting of a performance guarantee to assure
the installation of the required improvements prior to issuing of
any certificate of occupancy. Such performance guarantee shall be
equal to 100% of the estimated construction cost.
b.
Such performance guarantee may be in the form of a performance bond,
which shall be issued by a bonding or surety company approved by the
Township; a certified check returnable to the landowner after full
compliance; or other type of surety approved by the Township Attorney.
c.
The performance guarantee shall be approved by the Township Attorney
as to form, sufficiency, and execution.
d.
The amount of any performance guarantee may be reduced by the Mayor
and Township Council by resolution when portions of the improvements
have been completed, and the time allowed for installation of the
improvements for which the performance guarantee has been provided
may be extended by the Mayor and Township Council by resolution.
e.
If the required improvements shall not have been installed in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Township for the reasonable cost of the improvements
not installed, and upon the receipt of the proceeds thereof the Township
shall install such improvements.
f.
When all of the necessary and appropriate improvements have been
completed, the obligor shall notify the Mayor and Township Council
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Sewer Engineer. The Township Council shall direct and authorize the
Sewer Engineer to inspect all of the aforesaid improvements. The Sewer
Engineer shall thereupon file a report in writing with the Township
Council, which report shall be detailed and shall indicate either
approval, partial approval, or rejection. If the improvements or any
portion thereof shall not be approved, the report shall contain a
statement of reasons for such non-approval or rejection. Where the
report indicates partial approval of the improvements, it shall indicate
the cost of the improvements for which approval is rejected or withheld.
g.
The Mayor and Township Council shall accept or reject the improvements,
grant partial approval, or withhold approval on the basis of such
report and shall notify the obligor in writing, by certified or registered
mail, of the contents of the report and the action of the Township
Council with relation thereto not later than 90 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guarantee bond, except for
that portion adequately sufficient to secure the completion of the
improvements not yet approved.
h.
If the Mayor and Township Council fail to send such notification
to the obligor within 90 days, the obligor may notify the Township
Council in writing, by certified or registered mail, with a copy thereof
sent to the Township Water and Sewer Consultant, that failure of the
Township Council to provide the obligor with such notification within
60 days shall constitute approval of the improvements. Within 60 days
after receipt of this warning notice, the Township Council shall send
such notification of the contents of the report and its action with
relation thereto to the obligor by certified or registered mail. Failure
of the Township Council to send or provide such notification to the
obligor within 60 days shall be deemed to constitute approval of the
improvements; and the obligor and surety, if any, shall be released
from all liability pursuant to its performance guarantee bond.
i.
If any portion of the improvements shall not be approved or shall
be rejected by the Township Council, the obligor shall cause same
to be completed; and upon completion the same procedure of notification
as outlined herein shall be followed.
j.
Nothing herein, however, shall be construed in limitation of the
obligor's right to contest or question, by legal proceedings
or otherwise, any determination of the Township Council or the Township
Sewer Engineer.
k.
The obligor shall be responsible for all of the inspection fees of
the Township Sewer Engineer incurred in making the foregoing inspections.
l.
Nothing herein shall affect the obligation of any person relating
to the posting of appropriate maintenance bonds as provided in the
Township Code if applicable.
[Ord. #642; 1976 Code § 141-21; New]
In accordance with the provisions of N.J.S.A. 40:55D-53, as
amended, the Township shall require the posting of a maintenance guarantee
for a period not to exceed two years after final acceptance of the
improvement, in an amount not to exceed 15% of the cost of the improvement
or of the original installation, as determined by the Township Sewer
Engineer.
[Ord. #642; 1976 Code § 141-22]
a.
Upon submission of an application for a sewage treatment plant, all
applicants shall be required to submit specified fees in accordance
with the following schedule, if not included in other fees submitted
to the Planning Board:
1.
For conceptual approval applications, $500.
2.
For construction plans and specification applications:
(a)
Treatment plant up to 5,000 gpd: $750.
(b)
Treatment plant up to 10,000 gpd: $1,000.
(c)
Treatment plant up to 20,000 gpd: $2,000.
(d)
Treatment plant up to 50,000 gpd: $2,500.
(e)
Treatment plant up to 100,000 gpd: $2,500.
(f)
Treatment plant over 100,000 gpd: fee shall be as determined by the
Township.
3.
For final inspections, $300 per visit.
b.
Fees shall be paid in cash or certified check or money order made
payable to the Township.
[Ord. #642; 1976 Code § 141-23]
In the interpretation and application of the provisions of Sections 17-2 through 17-5, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulation, or ordinances, except as provided herein.
[Ord. #642; 1976 Code § 141-24]
All amendments to this Chapter shall be adopted in accordance
with the provisions of New Jersey law.
[Ord. #642; 1976 Code § 141-25]
Any person who violates any provision of Sections 17-2 through 17-5 or who otherwise fails to comply with any of the requirements of Sections 17-2 through 17-5, or who shall refuse the Township Engineer, his agent, or the Township's authorized agent reasonable opportunity for inspection shall, for each such violation or offense, be subject to a fine not more than $200. Each and every day that such violation continues shall be deemed to constitute a separate and distinct violation of this section and not a continuing offense.
[Ord. #691; 1976 Code § 142-1]
A Municipal Sanitary Sewer Utility is hereby established within
the Township for the regulation and use of sewers, to ensure the proper
operation and the protection and preservation of system, to fix the
amount and charges therefor and to provide rules and regulations therefor.
Such system, including any sanitary sewage treatment plants, pumping
stations and appurtenant structures, works and fixtures relating thereto
and all extensions and improvements thereof situate in and constructed
or acquired at public expense by the Township, shall hereafter be
operated, maintained, managed and controlled by the Township Council
as a publicly owned sewer utility and shall, for accounting purposes,
be a separate entity having its own borrowing capacity, its own separate
accounts and its own separate property, whether real, personal or
mixed within the meaning of N.J.S.A. 40:14A and N.J.S.A. 40:63-1 et
seq., amendments thereof and supplements thereto and all other provisions
of other laws applicable.
[Ord. #691; 1976 Code § 142-2]
The sanitary sewer utility system for the Township shall be
known as the "Township of Mahwah Sewer Utility System".
[Ord. #691; 1976 Code § 142-3]
As used in this section:
Shall mean (in the absence of instructions from the owner
of any property or premises, or his duly authorized agent, to the
contrary), the occupant of any property or premises insofar as the
owner's relations to the Township may be concerned, with respect
to sanitary sewer uses and existing services.
Shall mean the Township Board of Health.
Shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20° C., expressed in milligrams per liter.
Shall mean a sewer pipe, including fittings, which carries
wastewater from a building of any kind to the sewer house connection.
Shall mean Code of Federal Regulations as published by the
Office of the Federal Register, National Archives and Records Service,
General Services Administration.
Shall mean the quantity of chlorine which must be added per
unit volume to produce a residual chlorine concentration of 2.0 milligrams
per liter after 15 minutes under standard laboratory conditions, expressed
in milligrams per liter.
Shall mean a measure of the oxygen-consuming capacity of
inorganic and organic matter present in water or wastewater.
Shall mean any concern engaged in service, trade, traffic
or commerce in general, including concerns which provide recreational
and municipal services (industrial concerns are excluded).
Shall mean biochemical oxygen demand, suspended solids, pH
and fecal coliform bacteria, plus such additional pollutants as the
Wastewater Treatment Plant is capable of removing to a substantial
degree.
Shall mean any person, firm, association or corporation desiring
to construct an extension or addition to the wastewater system, including
the owner of the fee title, mortgage and any other persons having
an interest, legal or equitable, in the property.
Shall mean the United States Environmental Protection Agency.
Shall mean that group of coliform bacteria associated with
the presence of human wastes.
Shall mean the Federal Water Pollution Control Act Amendments
of 1972.
Shall mean solid waste from the preparation, cooking, and
dispensing of food and from the handling, storage and sale of produce.
Shall mean the rise or fall of a line of pipe in reference
to a horizontal plane, usually expressed in inches per foot of pipe
length.
Shall mean a receptacle designed to separate and retain grease,
oil and other fatty substances from wastes.
Shall mean any pipe, together with necessary connections
from the lateral sewer or interceptor sewer to and including the clean-out,
conveying wastewater from a building sewer to the sewer system.
Shall mean any pollutant which is not a compatible pollutant
as defined herein.
Shall mean any concern engaged primarily in manufacturing
or processing operation, or in research and development activities.
Shall mean the liquid wastes from industrial processes as
distinct from sanitary sewage.
Shall mean a duly designated person assigned by the Township
to issue connection permits and/or check upon the construction of
house connections, sanitary sewers, and such other duties as may be
determined pursuant to this section.
Shall mean any charitable, hospital, relief, training, correctional,
reformatory or public institution.
Shall mean any pipes or conduits and appurtenances which
are primarily designed to collect wastewater from all the sewers within
a drainage area.
Shall mean any pipe or conduit and appurtenances situated
in a public or private road, easement, right-of-way or private property
by consent of the owner which collects sewage from individual sewer
house connections.
Shall mean any outlet into a watercourse, pond, ditch, lake
or other body of surface or ground water.
Shall mean the National Pollutant Discharge Elimination System.
The system for issuing, conditioning and denying permits for the discharge
of pollutants from point sources. The NPDES is administered by the
EPA.
Shall mean the Northwest Bergen County Municipal Utilities
Authority, the regional sewer system to which the Township sewer system
shall discharge.
Shall mean any person, persons, firm, corporation, or association
actually owning any property or premises or his or their duly authorized
agent, which is or can be prospectively supplied with sanitary sewer
service.
Shall mean any individual, firm, company, association, society,
corporation or group.
Shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
Shall mean any sewage process or processes that are required
to provide a discharge to sewers that will conform to the requirements
of this section.
Shall mean the sewer system privately owned as distinct from
the Township sewer system or other public sewer system.
Shall mean an interceptor designed and constructed to intercept
and prevent the passage of sand into a drainage system.
Shall mean an appurtenance which carries or is intended to
carry wastewater and into which storm, surface and ground water is
not intentionally admitted.
Shall mean the suitably conditioned human excrement in a
fluid state, and this only when such material is collected from septic
tanks, cesspools or approved type of chemical toilets and sewage sludge
from small sewage treatment plants.
Shall mean a pipe or conduit carrying or intended to carry
wastewater.
Shall mean all pipe, conduits, manholes, siphons, pumping
and ejecting facilities, force mains, treatment plants and other appurtenances
installed on public roads or other public property, rights-of-way,
easement or private property by consent of the owner, within the boundaries
of the Township, for the express purpose of collecting wastewater,
owned and maintained by the Township or its authorized agents. It
also includes any such system installed by any private individual,
firm, corporation, partnership or public agency within the boundaries
of the Township where the provisions of this section are applicable
by reason of the valid consent of the owner or operator of the system,
or any such system installed, or maintained beyond the boundaries
of the Township where the provisions of this section are applicable
by reason of the valid consent of the Municipality in which such system
is situated.
Shall mean the Standard Industrial Classification Code Number.
Shall include the plural; Masculine shall include the feminine;
and It shall include any person.
Shall mean a sewer which carries storm and surface waters
and drainage.
Shall mean any and all streets, avenues, highways and roads
whether or not publicly used, dedicated or accepted by the Municipality.
Shall mean solids, that either float on the surface of, or
in suspension in, water, wastewater, or other liquids, and which are
removable by filtering as prescribed in "Standard Methods for the
Examination of Water, Sewage, and Industrial Waste, American Public
Health Association."
Shall mean the duly appointed Engineer of the Township.
Shall mean the Township Council, the Township or the duly
authorized agent, servant, employee or representative of the Township.
Shall mean any person that discharges, causes or permits
the discharge of wastewater into the public sewers.
Shall mean sewage and any and all other waste substances,
liquids, solids, gaseous or radioactive, associated with human habitation,
or of human or animal origin, or from any producing, manufacturing,
or processing operation of whatever nature, including such waste placed
within containers of whatever nature prior to, and for purposes of,
disposal.
Shall mean a combination of water-carried wastes from residences,
commercial buildings, institutions, industrial establishments and
other buildings or places.
Shall mean the individual chemical, physical, bacteriological
and radiological parameters, including volume and flow rate and such
other parameters that serve to define, classify or measure the contents,
quality, quantity and strength of wastewater.
Shall mean any arrangement of devices and structures used
for the treating of wastewater in and/or outside of the Township.
Shall mean a channel in which a flow of water occurs, either
continually or intermittently.
[Ord. #691; 1976 Code § 142-4]
a.
The management and the affairs of the sewer utility shall be handled
by the Township Council, and the Township Council shall make such
rules and regulations not inconsistent with this section as such Council
shall deem necessary.
b.
The Township Council shall appoint from time to time such employees
as it shall deem necessary for the proper administration of the business
of the sewer utility.
c.
The salary of all of the employees of the sewer utility shall be
in such amount as shall be fixed by a resolution of the Township Council.
d.
All authorized employees or agents of the Township shall have the
right to enter any buildings or premises, at reasonable hours, for
the purposes of but not limited to inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage works
and to carry out any and all other provisions of this section.
[Ord. #691; 1976 Code § 142-5]
The Township sewer utility is hereby authorized to acquire,
by purchase, lease or otherwise, any and all sanitary sewage treatment
plants which are or may be required in the operation of the sewer
system provided for herein and as may be authorized by the Township
Council. The operation and maintenance of any sanitary sewer plant
or plants shall be regulated by the Township Council, and such Township
Council is hereby authorized to negotiate a contract or contracts
for the operation and maintenance of such plant or plants; to negotiate
a contract or contracts for administering the system, including billing
services; to purchase the necessary chemical or chemicals required
in the treatment of sewage; to hire employees; to acquire insurance
coverage; and to do any and all things necessary to the continued
operation and maintenance of the sewer system.
[Ord. #691; 1976 Code § 142-6]
It shall be unlawful to discharge into any natural outlet within
the Township or in or upon any area under the jurisdiction of the
Township any sanitary sewage, industrial wastes or other polluted
waters, except where suitable treatment has been provided in accordance
with this section.
[Ord. #691; 1976 Code § 142-7; Ord. #1322, § I;
Ord. #1614, §§ I — III]
a.
The owner of any house, buildings or properties used for human occupancy,
employment or recreation or other purposes, situated within the Township
and within 100 feet of an available public sanitary sewer line shall
at his expense:
b.
For purposes of this subsection 17-7.7 a public sanitary sewer shall be considered available if:
1.
The sewer line is within 100 feet of any property line of the premises;
and
2.
Connection of the facility to the sanitary sewer line may be accomplished
without installing a pump station or ejector pump, blasting bedrock,
acquiring an easement or right-of-way to cross an adjoining property,
or crossing a watercourse, railway, major highway or other significant
obstacle; and
3.
The property to be served is located within the designated sewerage
service area of the sewage treatment plant to which the sanitary sewer
line is connected.
c.
At such time as a public sewer becomes available to property served
by an individual sewage disposal system, as provided in Board of Health
Ordinances in reference to Sewage Disposal Systems, Individual, a
direct connection shall be made to the public sewer in compliance
with this Chapter, and any septic tanks, cesspools and similar individual
sewage disposal facilities shall be abandoned or removed or filled
with suitable materials as directed by the Health Officer.
d.
Notwithstanding the foregoing provisions of this subsection 17-7.7, the Construction Code Official may waive the requirement to connect an existing single family dwelling to the public sanitary sewer upon the following conditions:
e.
For the purposes of subsection 17-7.7d, "Substantial hardship" shall mean:
1.
The dwelling is more than 200 feet lineal feet from the lateral connection
to the public sewer line, or
2.
The individual subsurface sewage disposal system was installed, constructed,
altered or repaired after January 1, 1990 in accordance with the requirements
of N.J.A.C. 7:9A-1.6 as amended, or
3.
The dwelling is owned and occupied by a person who is at least 65
years of age. Any waiver granted under this subparagraph 17-7.7e3
shall terminate immediately if the dwelling is no longer owned and
occupied by a person of at least 65 years of age.
4.
Economic hardship by itself shall not be considered substantial hardship.
f.
Any waiver granted by the Township shall automatically terminate
if construction or alteration of the subsurface system is prohibited
by N.J.A.C. 7:9A-1.6, as amended.
g.
In the event the Construction Code Official denies a waiver under
paragraph d., the aggrieved individual may appeal such denial to the
Township Council.
[Ord. #691; 1976 Code § 142-8]
It shall be unlawful to make any connection to the sewer without first obtaining a written permit from the Township as provided in Section 17-7, and such connections shall be made by a licensed plumber under the direction and supervision of the Plumbing Inspector or his representative and in the manner hereinafter set forth.
[Ord. #691; Ord. #801; Ord. #817; Ord. #909; 1976 Code § 142-9;
New; Ord. #1322 § II]
a.
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Township from any loss or damage that may indirectly
or directly be occasioned by the installation of the building sewer.
The maintenance of the building sewer shall be the responsibility
of the owner of the property served.
Any person who enters into a contract, arrangement or engages
in any work to make a house connection within the Township to the
sewer system of the Township must do the following:
1.
Provide the Township Business Administrator or anyone else designated by the Township Council with proof of public liability insurance for personal injuries and property damage arising out of the work authorized by the written permit required by subsection 17-7.6 of this section in amounts not less than $100,000 for property damage arising out of one accident and $300,000 for personal injuries to all persons arising out of any one accident. Proof of such public liability insurance shall be made by posting a certificate of an insurance company duly licensed in the State of New Jersey evidencing such coverage for a period of not less than six months from the date the application for a permit is filed and not less than six months from the time such person has commenced any work in order to make a house connection; and
2.
Post a $10,000 surety bond plus a $2,000 cash bond with the Township
Administrator or any person designated by the Township Council.
3.
Such bonds shall be posted in order to insure that any damage to
public property within the Township arising out of the work performed
by persons making house connections shall be repaired and restored
within a reasonable time from the date of such damage and not later
than in any event such time limit determined to be reasonable by the
Plumbing Subcode Official of the Township or the Director of Public
Works of the Township or such other official of the Township or consultant
thereto designated by the Township Council acting by resolution. The
surety bond and cash bond shall be released three months after the
work performed to make a house connection is completed and is approved
by the Township Plumbing Subcode Official, provided all restoration
and repair of any damage to public property is completed in the opinion
of the Plumbing Subcode Official of the Township or the Director of
Public Works of the Township or such other official of the Township
or consultant thereto designated by the Township Council acting by
resolution. If all restoration work with respect to all damage to
public property is not completed within a reasonable time as determined
above, the Township Council may, by resolution, authorize the use
of the cash deposit to restore the damage or proceed against the surety
bond to use the proceeds thereof to restore the damage or both as
the Township Council shall determine in its discretion and judgment.
4.
Any person who engages in the business of making house connections
within the Township shall be required to post only one $10,000 surety
bond and one $2,000 cash bond without regard to the number of house
connections which he is making or has contracted to make.
5.
No permits shall issue where the person applying for such permit
shall fail to post the required $10,000 surety bond and a $2,000 cash
bond, except where the resident owner of a single family dwelling
unit upon which the connection is to be made does all trenchwork excavation
by himself personally.
6.
Any permits obtained by a person engaged in making house connections
shall terminate automatically in the event his certificate of insurance
expires and is not renewed for a period prior to the time any house
connection made by such person is approved by the Plumbing Subcode
Official of the Township.
7.
Notwithstanding any of the provisions of this subsection or any other
ordinance of the Township of Mahwah, a performance bond in the amount
of seven $750 in the form of a cash or surety bond shall be posted
with the Township prior to the commencement of work on the installation
of an individual sewer connection. Sewer installation and connection
work performed in conjunction with a development approved by the Township
Planning Board or Board of Adjustment for which a performance guarantee
covering sewer installation and connection has been posted shall not
require a separate bond as required by this paragraph.
b.
If after the expiration of one year from the date of official notification,
the owner of any property affected by the provisions of this Chapter
has failed to install such sanitary and waste facilities and/or to
make such sewer connection as required herein, after receiving official
notice requiring such action as hereinbefore provided, the Township
may cause such installation or connection to be made under the direction
and supervision of the Subcode Official, or award one or more contracts
for the making of such improvements to any person, firm, or partnership
who are licensed plumbers in the State of New Jersey authorized to
perform work on sanitary sewers.
c.
Before proceeding to make any such installation or connection, the
Township shall cause notice of such contemplated installation or connection
to be given the owner of any properties affected thereby. The notice
shall contain a description of the property affected, sufficiently
defined in terms to indemnify it, as well as a description of the
required installation or connection and notice that unless the installation
or connection shall be completed within 30 days after the service
thereof, the Township will proceed to make such installation or connection
or cause the same to be done, pursuant to the authority of paragraph
b hereof. The notice shall be served in accordance with New Jersey
Statutes Chapter 63 of Title 40 (P.L. 1937 N.J.S.A. 40:63.5) et seq.
d.
When any such sanitary and waste facility installation or sewer connection
shall be made by the Township, a true and accurate account of the
cost and expense shall be kept and apportioned in the property or
the properties thereby connected with the sewers, and a true statement
of such costs under oath shall be forthwith filed by the Township
Clerk. The Township Clerk shall examine the same, and if properly
made, shall confirm it and file such statement with the Tax Collector
who shall record the installation of the sewer connection.
e.
Every such installation or sewer connection charge shall bear interest
and penalties from the same time and at the same rate as assessment
for local improvements in the Township and from the time of confirmation
shall be a lien against the respective property or properties so connected
with the sewer to the same extent as assessments for local improvements,
and shall be collected and enforced in the same manner.
f.
No such charge for sanitary and waste installations or sewer connections
shall be invalid by reason of any error or omission in stating the
name of the owner or owners of properties affected by such installations
or sewer connections, nor for any other informality, where such property
or real estate has actually been improved by such installation or
sewer connection.
g.
Where there is no house connection available, the property owner
shall, prior to the issuance of a certificate of occupancy, apply
to the Township to have a house connection installed. In each such
case, or in any instance where the connection to the building sewer
requires the performance of labor, or the furnishing of materials
on the part of the Township, a charge will be made. Where, because
of the nature and extent of the work to be done or the pavement or
terrain to be penetrated, or the width of the road, or any such circumstances,
the basic fee is not sufficient to cover the costs and expenses of
the Township, the Township Council shall fix the charge to fully cover
the costs and expenses of such connection.
h.
Each licensed contractor or other licensed person performing work
on public property for the purpose of installing house connections
shall post a bond or cash deposit acceptable to the Township. All
work shall be adequately guarded with barricades, lights and other
measures for protection of the public from hazard. All public property
disturbed in the course of the work shall be restored in a manner
satisfactory to the Township. The bond and cash deposit required by
this paragraph shall be in the amount and as specified in paragraphs
a2, 3 and 4 above.
[Ord. #691; 1976 Code § 142-10]
A separate and independent building sewer shall be provided
for every building; except that, where one building stands at the
rear of another on an interior lot and no building sewer is available
or can be constructed to the rear building through an adjoining alley,
court, yard, or driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer. In the case of multiple housing units, it is not necessary
to have a separate and independent building sewer for every building,
but instead the sewage from the various principal buildings shall
be gathered together into one or more building source of a size satisfactory
to the Plumbing Inspector and carried out to the nearest public sewer
adjacent to the property.
[Ord. #691; 1976 Code § 142-11]
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Plumbing
Inspector or his representative, to meet all the requirements of this
section.
[Ord. #691; 1976 Code § 142-12]
a.
Codes. Pursuant to and in accordance with the Public Sanitation Codes
Adoption by Reference Act (N.J.S.A. 26:3-69.1), there is hereby established
and adopted as the Specifications for Building Sewer Materials and
Construction the National Standard Plumbing Code (1978) published
by the National Association of Plumbing-Heating-Cooling Contractors
and the Uniform Construction Code Chapter 23, Title 5 New Jersey Administrative
Code promulgated by the Commissioner of the Department of Community
Affairs pursuant to the authority of the "State Uniform Construction
Code Act" (P.L. 1975, c. 217, as amended). A printed copy of each
of the codes are annexed to and incorporated by reference in this
section.
b.
The National Standard Plumbing Code (1978) and the Uniform Construction
Code Chapter 23, Title 5 New Jersey Administrative Code are hereby
incorporated in this section by reference and made a part hereof as
fully as though they had been set forth at length herein.
c.
In accordance with law, 10 printed copies of the National Standard
Plumbing Code and the Uniform Construction Code Chapter 23, Title
5 New Jersey Administrative Code have been placed on file in the office
of the Township Clerk and in the office of the Health Department and
shall remain on file in the offices for the use and examination of
the public so long as this section shall remain in effect.
[Ord. #691; 1976 Code § 142-13]
The holder of the building sewer permit shall notify the Department
of Health when the building sewer is ready for inspection. The installation
shall be made under the supervision of the Plumbing Inspector, or
his representative, within 24 hours of the receipt of notice by the
Township.
[Ord. #691; 1976 Code § 142-14]
All excavations for building sewer installations shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Inspector.
[Ord. #691; 1976 Code § 142-15]
In addition to the requirements of this section, where the applicant
for the building sewer permit must connect to a public sewer discharging
into the sewerage system of an adjacent Municipality or governing
body, the provisions of any ordinance or ordinances, rules and regulations
of such Municipality or governing body concerning the connection to
a public sewer shall govern and apply, as well as the applicable terms
of any agreement in connection herewith entered into between the Township
and such adjoining Municipality.
[Ord. #691; 1976 Code § 142-16; Ord. #1148, § I]
a.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial process waters to any sanitary sewer.
b.
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following described waters or wastes to
any public sanitary sewer:
1.
Any liquid or vapor having a temperature higher than 150° F.
2.
Any waters or waste which may contain more than 100 parts per million,
by weight of fat, oil or grease.
3.
Any gasoline, benzene, naphtha, alcohol, tar, fuel oil, or flammable
or explosive liquid, solid, gas, or vapor.
4.
Any garbage, solid waste or solid refuse.
5.
Any ashes, cinders, stones, sand, mud, straw shavings or sawdust,
metal, sticks, coarse rubbish, glass, rags, feathers, plastics, waste
rubber, animal guts or tissues, entrails, blood, hair, hides, wood,
paunch manure, or any other substance likely to damage, destroy, or
cause obstruction to the flow in sewers or interference with the proper
operation of the sewage works.
6.
Any waters or wastes having a pH lower than five point five or higher
than 9.0 or having any other corrosive property capable of causing
damage or hazard to sewers and structures, equipment or personnel
of the sewage works.
7.
Any insecticides, pesticides, herbicides or fungicides.
8.
Any waters or wastes containing chemicals or chemical compounds of
a strength which would impair metal, concrete, wood or painted structures
or of a poisonous or toxic nature in sufficient quantity to injure
or interfere with any sewage treatment process, constitute a hazard
to humans or animals or create any hazard in the receiving waters
of the sewage treatment plant. These include: arsenic and arsenicals,
copper and copper salts, mercury and mercurials, silver and silver
compounds, zinc, toxic dyes (organic and minerals), sulfonamides,
phenols and their derivatives, creosols, alcohols, formaldehydes,
chlorine in excess of 25 parts per million, iodine, fluorine, bromine,
all strong oxidizing agents, such as peroxides, chromates, dichromates,
permanganates, etc., compounds producing hydrogen sulphide or any
other toxic, inflammable or explosive gases, either upon acidification,
alkalization, reduction or oxidation and strong reducing agents, such
as nitrates, sulfites, sulphides, etc. In particular the following
minimum requirements shall be met:
(a)
Wastes shall contain no solids in solution which will precipitate
greater than 1,000 ppm upon acidification (pH below 5.5), alkalization
(pH above 8.5), oxidation or reduction.
(b)
Total solids shall not exceed 1,000 ppm.
(c)
Total dissolved solids shall not exceed 500 ppm.
(d)
Phenols shall not exceed 0.005 ppm.
(e)
Cyanide as CN shall not exceed 2.0 ppm.
(f)
Chromium as Cr shall not exceed 3.0 ppm.
(g)
Chromium as hexavelent shall not exceed 2.0 ppm.
(h)
Copper as Cu shall not exceed 3.0 ppm.
(i)
Iron as Fe shall not exceed 5.0 ppm.
(j)
Nickel as Ni shall not exceed 3.0 ppm.
(k)
Zinc as Zn shall not exceed 5.0 ppm.
(l)
Boron as B shall not exceed 1.0 ppm.
(m)
Lead as Pb shall not exceed 0.1 ppm.
(n)
Arsenic as As shall not exceed 4.0 ppm.
(o)
Aluminum sulphate shall not exceed 10.0 ppm.
(p)
Cadmium shall not exceed 1.0 ppm.
(q)
Surface active agents of synthetic detergents shall be of an
approved type, with a high degree of biodegradability.
9.
Any waters or wastes containing more than 350 milligrams per liter
by weight of suspended solids or containing suspended solids of such
character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment plant.
10.
Any waters or wastes containing inert (nonvolatile) solids in either
suspended, dissolved or colloidal state, of such character and/or
quantity as to adversely affect treatment processes.
11.
Any waters or wastes from industrial, hospital or laboratory procedures
which contains viable pathogenic organisms.
12.
Any radioactive wastes or isotopes of such half-life or concentration
as will adversely affect treatment processes or, after treatment of
the composite sewage, fail to meet requirements of State, Federal
or other public agencies having jurisdiction over the receiving waters.
13.
Any waters or wastes which contain materials which exert or cause
discoloration within the sewage treatment plant or in the receiving
waters or exhibit a true color of more than 100 units on the platinum-cobalt
scale.
14.
Any unusual volume of flow or concentration of wastes resulting in
the application of shock or slug loads at the sewage treatment plant.
15.
Any waters or wastes having an average daily flow greater than 10,000
gallons; provided, however, that the Township Council may waive such
requirements by contract with any user if the best interests of the
Township so require.
16.
Any waters or wastes having a five day biochemical oxygen demand
greater than 300 milligrams per liter by weight.
17.
Any waters or wastes having a chemical oxygen demand greater than
250 milligrams per liter by weight.
18.
Any waters or wastes having a chlorine demand greater than 20 milligrams
per liter by weight.
19.
Any noxious or malodorous gas or substance capable of creating a
public nuisance.
20.
Any discharge containing incompatible pollutants.
21.
Any discharge containing compatible pollutants in such excess quantity
as to impair the removal efficiency of the public sewage treatment
works.
22.
Any discharge containing pollutants which will either alone or in
combination with others, adversely alter the quality of the effluent
from the public sewage treatment works to a degree which will cause
a violation by the Township or contracted agencies of the requirements
of any NPDES permit or of standards and regulations now in effect
or which may be promulgated in the future by Federal and State authority.
[Ord. #691; 1976 Code § 142-17]
a.
Users shall make wastewater acceptable under the limitations established in subsection 17-7.16 of this section before discharging into the sanitary sewer system. Any facilities required to pretreat wastewater to a level acceptable to the Township shall be provided, operated and maintained at the user's expense.
b.
Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Township for review and shall
be acceptable to the Township before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the Township under the provisions
of this section. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Township. Pretreatment facilities shall also be approved by the NWBCMUA
and any and all State and Federal regulatory agencies having jurisdiction.
c.
At all premises where wastes or substances specified to be excluded
from public sewers by these regulations are present and liable to
be discharged directly or indirectly into the sewer system, suitable
and sufficient piping layouts, oil, grease, sand and flammable waste
traps, separators, or interceptors, screens, settling tanks, diluting
devices, storage or regulating chambers, treatment, cooling or other
equipment and devices shall be provided. These shall be maintained
and properly operated by the owner of the premises or his agent at
his expense to insure that no waste or substance is discharged in
violation of the requirements of these regulations.
Such facilities for pretreatment of wastes or water discharged
to the public sewers shall be approved by the Township, the NWBCMUA
and by any or all State and Federal regulatory agencies having jurisdiction.
The Township or State and Federal agencies may require an owner to
provide plans, specifications and a description of the pretreatment
facilities which are proposed.
d.
On premises where any of the wastes or substances as described in
this section are present, the Township may require the owner to provide,
operate and maintain at the owner's expense a sampling well or
wells, flow measuring devices, manholes or other appurtenances, all
readily accessible, on the building sewer from the premises near the
point where the sewer connects to the public sewer by means of the
sampling well or wells, flow measuring devices, or other appurtenances,
the owner, occupants of the premises, the Township Council, or any
public officer having legal jurisdiction may secure sample of, or
examine, the wastes being discharged into the public sewer for the
purpose of determining compliance or noncompliance with the requirements
of these regulations. Monitoring facilities shall normally be constructed
on the user's premises and shall be provided in accordance with
the Township's requirements and all applicable construction standards
and specifications.
e.
The Township Council or its duly authorized representatives shall
have the right to enter and inspect any part of the premises served
by public sewers upon which may be reason to believe that violations
of the requirements of these regulations have occurred or are likely
to occur, for the purpose of ascertaining the facts as to such violations
or suspected violation, or of obtaining samples of wastes, or of inspecting
flow measuring devices or treatment facilities provided to prevent
prohibited discharges.
f.
All measurements, tests, and analyses of the characteristics of water
and waters to which reference is made in this section shall be determined
in accordance with analytical methods as described in 40 CFR 136.3
of the Federal Register. In the event that no special manhole has
been required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the house
connection is connected.
g.
Major Contributing Industries; Compliance with Federal Requirements.
Any user who, by the nature of his discharge, is classified as a major
contributing industry (as defined in 40 CFR 128.124 of the Federal
Register) shall comply fully with all pretreatment standards and any
other applicable requirements promulgated by the EPA in accordance
with Section 307 of the Federal Water Pollution Control Act Amendments
of 1972 (FWPCAA). In cases where the limitations and standards established
in this ordinance are more stringent than those established by federal
limitations and standards, those established in this Chapter shall
govern.
[Ord. #691; 1976 Code § 142-18]
a.
Beginning 90 days from the effective date of this ordinance, it shall
be unlawful for any person to discharge industrial wastes into the
Public Sewage Disposal System without a wastewater discharge permit.
b.
A separate permit will be required for each physical location where
wastewater is now or is proposed to be, discharged into the Public
Sewage Disposal System.
c.
Application for a wastewater discharge permit shall be submitted
to the Township Council on forms furnished by the Township or on such
other forms as are approved by the Township Council.
d.
Applicants for a permit may be required to submit, in units and terms
appropriate for evaluation, the following information:
1.
Name, address and SIC Number of applicant.
2.
Wastewater constituents and characteristics including but not limited
to those mentioned elsewhere in this section as determined by a laboratory
approved by the Township Council.
3.
Volume of wastewater to be discharged.
4.
Time and duration of discharge.
5.
Average and thirty minute peak wastewater flow rates, including daily,
monthly and seasonal variations if any.
6.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevations.
7.
Description of activities, facilities and plant process on the premises
including all materials, processes and types of materials which are
or could be discharged.
8.
Each product produced by type, amount and rate of production.
9.
Number and type of employees, and hours of work.
10.
Any other information which may be deemed by the Township Council
to be necessary to evaluate the permit application.
The Township Council will evaluate the data furnished by the
applicant and may require additional information. After evaluation
and acceptance of the data furnished, the Township Council may issue
a wastewater discharge permit subject to the terms and conditions
provided herein.
e.
Wastewater discharge permit conditions shall be expressly subject
to all provisions of this ordinance and all other regulations, user
charges and fees which may be established by the Township pursuant
thereto. The conditions of wastewater discharge permits shall be uniformly
enforced by the Township Council in accordance with the ordinance,
and applicable State and Federal regulations. Permits may contain
the following:
1.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the Public Sewage Disposal System.
2.
The average and maximum wastewater constituents and characteristics.
3.
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
4.
Requirements for installation of inspection and sampling facilities.
5.
Pretreatment requirements.
6.
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, type and standards
for tests and reporting schedule.
7.
Requirement for submission of technical reports or discharge reports.
8.
Requirements for maintaining plant records relating to wastewater
discharge as specified by the Township Council and affording the Township
Council access thereto.
9.
Other conditions as deemed appropriate by the Township Council to
assure compliance with this ordinance.
f.
Confidential Information. All information and data on a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the Township
Council that the release of such information would divulge information,
processes or methods which would be detrimental to the users competitive
position.
When requested by the person furnishing a report, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available to governmental agencies for use in making studies;
provided, however, that such portions of a report shall be available
for use by the State or any State agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
Information accepted by the Township Council as confidential,
shall not be transferred to any governmental agency or to the general
public by the Township Council until and unless prior and adequate
notification is given to the user.
g.
Duration of Permits. Permits shall be issued for a specified time
period, not to exceed five years. A permit may be issued for a period
less than a year or may be stated to expire on a given date. If the
user is not notified by the Township Council 30 days prior to the
expiration of the permit, the permit shall be extended one additional
year.
The terms and conditions of a permit may be subject to modification
and change by the Township Council during the life of the permit as
limitations or requirements as identified elsewhere in this section
are modified and changed. The user shall be informed of any proposed
changes in his permit at least 30 days prior to the effective date
of change. Any change or new conditions in the permit shall include
a reasonable time schedule for compliance.
h.
Transfer of a Permit. Wastewater discharge permits are issued to
a specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises, or a new or changed operation.
i.
Revocation of a Permit. Any user who violates the following conditions
of the permit or of this ordinance, or applicable State and Federal
regulations, is subject to having his permit revoked:
1.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
2.
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics.
3.
Refusal of reasonable access to the users premises for the purpose
of inspection or monitoring.
4.
Violation of conditions of the permit.
[Ord. #691; 1976 Code § 142-19]
Any user who is issued a wastewater discharge permit which requires
selfmonitoring of wastewater discharged to the public sewage disposal
system shall submit periodic reports to the Township Council on the
constituents and characteristics of the wastewater. Unless otherwise
specified in the permit, reports shall be submitted quarterly on a
calendar basis.
Reports shall clearly indicate the quantity and concentration
of all pollutants and other parameters required to be monitored in
accordance with the terms of the wastewater discharge permit.
All self-monitoring records and laboratory reports associated
therewith shall be kept by the user for a minimum period of five years
during which period they shall be made available to the Township Council
or its representatives, upon reasonable notice, for inspection and
review. All sampling will be done in such manner as will provide a
truly representative sample for laboratory analysis. Laboratory analysis
shall be performed in accordance with analytical methods as described
in 40 CFR 136.3 of the Federal Register.
[Ord. #691; 1976 Code § 142-20]
a.
Sewer Permit Fee. The owner or his agent shall make application on
a form furnished by the Township. The permit application shall be
supplemented by any plans, specifications or other information considered
pertinent by the Township. A permit and inspection fee of $10 for
a sewer permit shall be paid to the Township at the time the application
is filed. The permit will expire six months after the date of issue
but will be subject to renewal not to exceed six months with the approval
of the Township.
b.
Wastewater Discharge Fee. The owner or his agent shall make application
on a form furnished by the Township. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent by the Township. A permit and inspection fee
of $50 for a wastewater discharge permit shall be paid to the Township
at the time the application is filed.
c.
Inspection Fee. Sewer service inspection fee: All sewer services
shall be inspected by the Township prior to use and a $25 per inspection
or reinspection charge shall be made for each inspection or reinspection.
[Ord. #691; Ord. #855; Ord. #867; 1976 Code § 142-21;
Ord. #1041, § 1; Ord. #1029, § I; Ord. #1408 §§ I
— II; Ord. #1432, §§ I — III; Ord. #1649,
§ VI; Ord. #1671, § 4]
a.
There is hereby established a sewerage user charge system for the
use, operation, maintenance and construction of the sewerage system
of the Township, to be imposed upon the owner of real property served
thereby at the rates hereinafter set forth.
b.
Connection charges.
1.
Any house, apartment unit or building connecting directly to sewer
lines within the Township or operated or maintained by the Township
shall be charged a special assessment as provided for by statute.
2.
Property owners within a subdivision and/or site plan, wherein the
developer is installing or has installed a sewer system at his own
cost and is connecting such system to a sewer(s) or trunk line(s),
within the Township or to a system in the Township, operated and maintained
by NWBCMUA, shall pay a connection charge as follows:
(a)
For each single family dwelling unit, apartment unit or condominium
unit - $900.
(b)
Commercial and industrial connection. The charge shall be computed
for each connection based on the charge for a single family dwelling
multiplied by the equivalent number of single family units contributing
the same flow rate to the system and in accordance with the following
standards:
(1)
The design flow rate for one single family dwelling is 350 gallons
per day.
(2)
The design flow rate for various types of establishments shall
be used to determine the equivalency factor for the type of establishments
listed therein.
(3)
In any case where the design flow cannot be reasonably established
the Township shall determine the design flow by such means as are,
in its opinion, fair and equitable.
(c)
Schools, municipal facilities, churches and charitable institutions
— Same as commercial and industrial connections.
(d)
Motels, hotels, nursing homes, lodging homes (and other types
of similar lodging) — Same as commercial and industrial connections.
3.
All connection charges as outlined under this paragraph b., Connection
Charges, shall be paid to the Township and shall be paid prior to
the issuing by the Township as a connection permit.
4.
If a connection is installed by the Township, the property owner
shall pay the Township for the cost of connection in addition to the
above charges.
c.
Rental Charges for Discharge into the Northwest Bergen County Utilities
Authority System and the Operation, Maintenance and Administration
of the Township Sewer System.
1.
All quarterly rental charges shall be based on the average water
consumed by the user as recorded by the Township of Mahwah Water Department
during the previous winter quarter for the user. The minimum quarterly
charge shall be based on 1,000 cubic feet of water for each individual
residential unit (single-family dwelling, apartment unit, condominium
unit, cooperative apartment unit or townhouse unit) and each individual
commercial or industrial unit (office, condominium office, cooperative
office, store or industry) and shall be $88 per quarter.
2.
In addition to the minimum quarterly charge, a charge of $4.73 per
100 cubic feet of water consumed in excess of 1,000 cubic feet shall
be charged.
3.
The minimum quarterly charge for multi-unit residential or multi-unit
commercial or a combination of the two classes of users serviced through
a single water meter shall be determined by the product of the number
of units by the minimum quarterly charge (as described in subparagraph
c1 of this subsection) and the additional charge per 100 cubic feet
of water (as described in subparagraph c2 of this subsection).
4.
Institutional buildings shall be charged based on the amount of water
used. All institutional buildings shall pay a single minimum quarterly
charge based on 1,000 cubic feet (the minimum quarterly charge shall
be equal to the minimum charge paid for individual residential, commercial
or industrial units as described in subparagraph c1 of this subsection)
and an additional charge of $4.73 per 100 cubic feet of water consumed
in excess of 1,000 cubic feet (the additional charge of $4.73 being
equal to that charge described in subparagraph c2 of this subsection).
5.
Where new occupancy occurs, the first year's quarterly rental
charges shall be based on the water consumed by the user as recorded
by the Township Water Department for each quarter or fraction thereof
and the applicable occupancy described in subparagraphs c1, 2, 3 or
4.
6.
Residential or multi-unit residential or multi-unit commercial or
a combination of units, or industrial or institutional units presently
served by individual well or wells, connected to the Township sewer
system, shall install water meters. The cost for the water meters
and the cost for installation shall be paid by the property owner.
7.
Charges for well users shall be as follows:
(a)
Those units presently served by wells and connected to the Township
sewer system will be billed on a quarterly basis for 3,000 cubic feet
as described in subparagraphs c1 and 2 for residential units until
water meters are installed and actual consumption can be determined.
(b)
Those multi-unit residential or multi-unit commercial or combination
of the two classes of users which are served by wells and connected
to the Township sewer system will be billed on a quarterly basis for
3,000 cubic feet per unit as described in subparagraphs c1 and 2 until
water meters are installed and actual consumption can be determined.
d.
Rental Charges for Discharge into Treatment Plant Facilities Operated,
Maintained and Administered by the Township of Mahwah.
1.
All quarterly rental charges shall be based on the average water consumed by the user, as recorded by the Township of Mahwah Water Department during the first and fourth quarters of the previous year. The minimum quarterly charge shall be based on 1,000 cubic feet of water for each individual residential unit, (single-family dwelling, apartment unit, condominium unit or townhouse unit) and each individual commercial or industrial unit (office, condominium office, cooperative office, store or industry) and shall be the same as indicated in subsection 17-7.21c1, as heretofore established.
2.
In addition to the minimum quarterly charge, a charge of $3.46 per
100 cubic feet of water consumed in excess of 1,000 cubic feet shall
be charged. This charge may be annually modified by resolution of
the Township Council each year.
e.
Payment of Rental Charge.
1.
Payment of sewer rental charges shall be made to the Township sewer
account.
2.
Quarterly Billings.
(a)
The sewer rental charges for all users, as set forth in this
section, shall be paid on a quarterly basis and shall be payable at
the office of the Tax Collector of the Township on the first of January,
April, July and October of that year.
(b)
When contracts are made during the year, the fractional part
thereof shall be paid forthwith.
3.
Time and Method of Payment. Should any bill or part thereof rendered
for sewer usage remain unpaid for a period of 30 days, the bill or
part thereof shall be considered delinquent and subject to payment
of interest at the prevailing rate fixed for interest on delinquent
real estate taxes from the due date until such time as the bill is
paid in full. Whenever service shall commence after the first day
of any quarterly period, sanitary sewer rentals for the quarterly
period shall be prorated accordingly.
4.
Unpaid Claims; Liens. Every unpaid claim for sewer service remaining
delinquent and unpaid for a period of six months from the date when
due, together with all charges and expenses incident thereto, shall,
in the manner provided by law, become a lien upon the property affected
and collection shall be enforced in the same manner as liens for taxes
upon real estate.
[Ord. #691; 1976 Code § 142-22]
Duly authorized employees of the Township bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurement, sampling
and testing, in accordance with the provisions of this section.
[Ord. #691; 1976 Code § 142-23]
Any person who violates any provision of this Chapter or who otherwise fails to comply with any of the requirements of this Chapter or who shall refuse the Township Engineer, his agent, or the Township's authorized agent reasonable opportunity for inspection shall, for each violation or offense, be subject to the penalty as stated in Chapter 1, Section 1-5.
[Ord. #1512, § 1]
a.
To prohibit illicit connections to the municipal separate storm sewer
system(s) operated by the Township of Mahwah, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
b.
To prohibit the spilling, dumping, or disposal of materials other
than stormwater to the municipal separate storm sewer system(s) (MS4)
operated by the Township of Mahwah, so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Ord. #1512, § 1]
As used in this Chapter, the definitions below are the same
as or based on corresponding definitions in the New Jersey Pollutant
Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2:
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township of Mahwah, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit. Nonphysical connections may
include, but are not limited to, leaks, flows, or overflows into the
municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Mahwah or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce the temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean 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.
[Ord. #1512, § 1]
a.
No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
the Township of Mahwah any domestic sewage, non-contact cooling water,
process wastewater, or other industrial waste (other than stormwater).
b.
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
of Mahwah is prohibited. The spilling, dumping, or disposal of materials
other than stormwater in such a manner as to cause the discharge of
pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. #1512, § 1]
a.
Water line flushing and discharges from potable water sources;
b.
Uncontaminated groundwater (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);
d.
Irrigation water (including landscape and lawn watering runoff);
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows;
f.
Residential car washing water, and residential swimming pool discharges;
g.
Sidewalk, driveway and street wash water;
h.
Flows from firefighting activities;
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for the
intended purposes; and
2.
Equipment used in the application of salt and deicing materials immediately
following salt and deicing material applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g. shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
3.
Rinsing of the above equipment, as noted in the above situation is
limited to the exterior, undercarriage, and exposed parts and does
not apply to engines or other enclosed machinery.
[Ord. #1512, § 1]
This section shall be enforced by the Police Department and/or
the Property Maintenance Official for the Township of Mahwah.
[Ord. #1512, § 1]
a.
Any person(s) found to be in violation of this section shall be subject
to a fine not exceeding $500 for a first offense and $1,000 for each
subsequent offense.
b.
Any person(s) who continues to be in violation of this section, after
being duly notified shall be subject to a fine of $500 for each day
the violation remains.
[Ord. #1512, § 1]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this section
to be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
