Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Wildwood, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The power of the municipality to supply water and sewerage service and to regulate the same is provided by R.S. 40:6242, et seq., and R.S. 40:63-1, et seq. The authority of a municipality to set plumbing subcode fees is found in R.S. 52:27-119, et seq.
The following fees are hereby established for licenses and permits issued under the plumbing code:
a. 
For the registration of any applicant for a master plumber's license, two hundred fifty ($250.00) dollars.
b. 
For the annual renewal of a master plumber's license, fifty ($50.00) dollars.
c. 
For the filing of plans for a proposed plumbing work, two ($2.00) dollars.
d. 
For the issuance of a permit for a proposed plumbing construction or alteration, the fee shall be as provided in paragraph b, subsection 1 LA-2.1 of this revision.
e. 
For each reinspection of plumbing work caused by the failure of the licensee to comply with the provisions of the code or permit used, two ($2.00) dollars.
Any plumber in order to be registered as a master plumber in the city must exhibit to the plumbing inspector a master plumber's license obtained from the State of New Jersey.
a. 
Should the State of New Jersey not require an examination prior to the issuance of a State of New Jersey Master Plumber's License, then any plumber in order to be registered as a master plumber in the city must successfully pass a master plumber's examination which examination shall be administered by the plumbing inspector.
b. 
No person shall be allowed to carry on or engage in the plumbing business, or make any connections with any sewer, drain, soil or waste pipe connected therewith, except under the direct supervision of a registered master plumber, unless that person has secured a license after passing an examination to be administered by the local board of health. The board of examiners shall consist of the plumbing subcode official, a master plumber, the health officer of the city and a journeyman plumber.
a. 
Detriment to Health; Interference with General Well-Being of In-habitants. The introduction of solids, including by-products of food waste grinders, and of grease into the sewage system of the city is hereby declared to be an act which is or may become detrimental or may become a menace to the health of the inhabitants of this city and, further, is or may become an annoyance or an interference with the comfort or general well-being of the inhabitants of this city.
b. 
Effective Date for Required Interceptor Installation for Commercial Business. Effective March 1, 1978, no commercial business, the operation of which would result in the expelling of grease or harmful solids into the sewage system, shall be operated unless there has first been installed a grease interceptor or solids interceptor which shall be installed in compliance with the standards as set forth in the BOCA Basic Plumbing Code.
c. 
Prohibition; Effective Date. Effective March 1, 1978, no commercial business shall be permitted to introduce by-products of food waste grinders into the sewage system.
d. 
Penalty; Failure to Comply. Failure to comply with the provisions hereof shall be punishable under the provisions of subsections 3-12.1 and 9-6 of this revision.
The operation of the water utility shall constitute a separate department of the city and shall be known as "The Wildwood Water Utility." The name "water utility" or "utility" where mentioned in the rules and regulations as herein set forth, shall be construed to cover the full name of the department as provided herein. The utility is located at 3100 New Jersey Avenue, Wildwood, NJ 08260.
The supervision of the utility shall be vested in the commissioner of the department of public works of the City of Wildwood.
a. 
A written application for service connection shall be made to the utility, on utility forms, before any such connection shall be installed.
b. 
All applications shall be understood to embody all rules, regulations and specifications of the Wildwood Water Utility, and the section pertaining to the water utility, whether this section is fully set forth in the application or not.
c. 
Upon receipt of a proper service application, which must include the block and lot number of the property to be supplied, the total number of rooms located or to be located on the premises, and the total number of water fixtures, along with a complete set of utility prints, which application must be filed by a licensed plumber and endorsed by the owner of the property to be supplied or his authorized agent, the utility will review said application and determine the meter and service size, along with any additional conditions that may be required. The applicant will receive a copy of the water availability letter, which is sent to the local construction official. No service taps or service lines will be permitted prior to compliance with application process.
d. 
A "service line" will be used to supply a single customer only, and customer requiring irrigation or fire service will provide separate service lines for each use, unless agreed upon between the customer and the utility.
e. 
"Customer" or "consumer" as used herein shall be any single entity identified in subsection 10-2.7 here in.
f. 
Requests to change meter or service size will be granted only upon submission of adequate proof, as determined in the sole discretion of the water utility, that a change in consumption has occurred and such change in consumption, warrants a change in meter or service size. Applications for increase or decrease may be obtained from the Water Utility.
a. 
When a water connection has been previously installed and water is desired, a proper application must be signed as set forth in subsection 10-2.3c.
b. 
All contracts and agreements covering water supply shall be for six months, from issue date, except for contracts between the utility and municipalities whose residents are served by the utility. Any contract or agreement covering water supply may be extended for additional periods of six months. All contracts and agreements covering water supply, shall be, subject to all rules, regulations and specifications of the water utility as such may be amended and supplemented from time to time.
c. 
The utility will not furnish service through a service pipe installed in adjoining or adjacent property to that of the owner of the premises to be served unless such owner obtained a perpetual easement for the installation and maintenance of said service line in a form satisfactory to the utility, nor will the utility furnish service through mains situated in a private roadway, unless the owner of such private roadway supplies a permanent easement for the installation and maintenance of said main in a form satisfactory to the utility.
a. 
Water main taps shall be made by the customer's licensed plumber, under the supervision of the utility. Notice by the customer's licensed plumber shall be delivered to the office of the utility at least 48 hours before any service is to be installed, which notice shall set forth the exact time when the trench will be open and the service tap and service line will be ready for inspection.
b. 
No trench will be opened until the customer has obtained an appropriate street opening permit from the municipality in which the street is located.
c. 
The service tap, service line, meter pit and meter (utility equipment) shall be supplied by the customer and/or his licensed plumber in conformance with the water utility specifications and shall remain the property of the utility. This equipment may be purchased from the water utility.
a. 
The installation of service pipes shall be subject to the inspection and approval of the water utility and the installation shall be and remain the property of the utility and shall be maintained by the utility. The "service pipe" is defined as that pipe, which connects the water main to the customer's property and the water utility's responsibility ends at the curb line.
b. 
The utility equipment shall be for the exclusive use and under the control of the utility and under no circumstances shall any person (other than a licensed plumber) not authorized by the water utility, turn off, turn on or in any way tamper with the water utility equipment.
c. 
No person or persons, except the water utility director or other person authorized by the utility director, shall without permission connect to or disconnect utility equipment. It shall be the duty of the customer to properly protect the utility equipment from injury and the customer shall be liable for all damage to or for the loss of the meter or utility equipment occurring by reason of the customer's neglect.
a. 
The utility may refuse to connect with any customer's piping system, or furnish water through one already connected, when it is not in accordance with the national plumbing code and or the specifications of the utility, or when the piping system on the premises is not of sufficient depth to prevent freezing or provides insufficient volume for the premises.
b. 
The utility will not be held responsible for resulting inadequacy of service if a customer makes additions or alterations to the equipment on their premises without notifying the utility of the proposed changes or additions and receiving the utility's permission prior to construction.
c. 
The utility shall have the right to access the customer's premises and to all property furnished by it at reasonable times for the purpose of reading and/or maintenance to the meter or inspecting or replacing appliances used in connection with the water supply, or for the removal of water utility property. The customer shall obtain or cause to be obtained all necessary permission to enable the utility to gain access to the utility's property. Customer shall not permit access to the meter or other utility equipment except by authorized employees of the utility or properly qualified state or local inspectors. In case of defective service, customers should not interfere with the utility equipment and shall immediately notify the office of the utility.
d. 
Each customer must install water conservation devices on all faucets, showers and toilets as follows:
1. 
Water conservation showerhead.
2. 
Water conservation toilet (new installations) or toilet tank inserts (existing installations).
3. 
Water conservation faucets (new installations) or faucet aerators (existing installations).
e. 
Each customer shall be responsible for maintaining the area surrounding the water meter. Such area must be kept free of cracks as well as any other conditions which create a hazard.
a. 
The utility undertakes only to use reasonable care and diligence to provide a constant supply of water through its pipes, but does not undertake to render any special service or to maintain any fixed or definite quantity of pressure, and in the event of the occurrence of any break, failure or accident or injury by act of God, or the public enemy, or unless caused by its negligence, the utility shall not be liable for any damages resulting therefrom. The utility, however, reserves the right at any time without notice, to shut off water in its mains for the purpose of making repairs or extensions or for other purposes.
b. 
Service under an application may be discontinued for any of the following reasons:
1. 
For the use of water for any other property or purpose than described in the application.
2. 
For willful waste of water through improper or imperfect pipes, fixtures or otherwise.
3. 
For failure to maintain in good order connections, service lines or fixtures owned by the applicant.
4. 
For damaging any service pipe, meter, curb stopcock, seal or any other appliance of the utility.
5. 
In case of vacancy of premises.
6. 
For neglecting to make payment, or for nonpayment for water service or any other charges accruing under the application.
7. 
For refusal of reasonable access to property for the purpose of inspecting or for reading, caring for or removing meters.
8. 
For neglecting to make payment, or for nonpayment for sewer service or any other charges accruing under the application.
c. 
Water service will be turned off from any premises upon the order of the applicant without in any way affecting the existing agreement for service.
d. 
Service will be renewed when the conditions under which service was disconnected are corrected and upon payment of all charges provided in the schedule for rates and rules and regulations of the utility due from the applicant.
e. 
As necessity may arise in case of breakdown, emergency or for any other unavoidable cause, the utility shall have the right to temporarily cut off the water supply to make necessary repairs, connections, etc., using all reasonable and practical measures to notify the customer of such discontinuance of service and the probable duration of the discontinuance.
f. 
All persons having boilers within their premises which depend upon the pressure in the pipes of the utility to keep them supplied are hereby cautioned that loss of pressure may cause collapse or damage, in such cases the utility shall not be liable for the damages or inconvenience suffered.
a. 
All new service shall be metered before the water is turned on, and the meter paid for by the customer.
b. 
The utility will keep the meter in repair, except in case of misuse, in which case the repair shall be paid for by the customer.
c. 
A stopcock or gate valve must be installed on the building side of the meter immediately upon entry of the service line into the building.
a. 
The utility will make a test of the accuracy of a meter upon written request by the customer, provided that such customer does not make a request for a test more frequently than once per year. Should a customer request an additional test or tests within a calendar year, such tests will be performed only upon payment of the established test fee. A report giving the results of all requested tests, whether or not a fee is required for the same, will be given to the customer, and a record of such tests will be kept. When such requested tests are made, the customer or someone acting for the customer, shall be present to observe the test. Test made by the utility as part of its regular maintenance procedure will not be considered in determining whether or not a customer is responsible for payment of a fee thereunder.
b. 
In the case of a disputed account involving a question as to the accuracy of the meter and in the event the meter is tested and found to have an error and register a deviation in excess of 1.5%, the bill, will be adjusted in accordance with Board of Public Utilities standards.
c. 
No water meter shall be placed in service nor left in the service if, on test, it registers more than 101.5% of the water passed or less than 08.5% on full capacity.
d. 
Where water is furnished by a meter, the quantity recorded by it shall be taken to the amount passing the meter, except where the meter has been found to be registering inaccurately or has ceased to register. In such cases the quantity may be determined by the average registration of the meter when in order or by such fair reasonable method as shall be based upon the best information obtainable, solely within the discretion of the utility.
a. 
Bills for metered service shall be rendered quarterly and shall show the reading of the meter at the beginning and end of the period for which the bill is rendered. Bills made, however, be rendered monthly, at the option of the utility.
b. 
Bills for private and public fire protection service shall be rendered quarterly.
c. 
If a bill remains unpaid for a period of over 15 days after mailing or presentation, the utility shall have nonexclusive rights as follows:
1. 
Discontinue water service.
2. 
Lien the property to which said water service is provided.
In the event the property serviced is liened or the water service disconnected, said lien shall not be removed, nor service reinstated until all delinquent charges or other costs and fees have been paid in full.
d. 
There will be a limitation on the relief granted to a property owner who seeks an abatement of water bills. An owner shall receive only one abatement or reduction of a water bill during his/hers or its (in the case of a corporation, limited liability company or partnership) period of ownership of a given property. Such reduction request must be accompanied by an affidavit from the property owner, setting forth, under oath, the facts and circumstances supporting the request and an affidavit from a licensed New Jersey plumber confirming, under oath, that a leak or other plumbing difficulty occurred on site, which was not readily detectable thus causing abnormal water usage. Request shall be reviewed by the utility, and if approved presented by resolution to the commissioners of the City of Wildwood.
a. 
All pipes, meters and fixtures shall be subject at all reasonable hours to inspection by employees of the utility identified by proper badges. No plumber, owner, or unauthorized personnel shall turn the water on or off at any corporations stop or curb stop, or disconnect or remove the meter without the consent of the utility. No agent or employee of the utility shall have authority to bind it by any promised, agreement or representation not provided for in this section.
b. 
No cross connection or interconnection between the utility and with other pipes or facilities supplied with water from another source shall be permitted. Cross connections are regulated by ordinance.
c. 
When the supply of water is to be temporary cut off, notice will be given when practicable to all customers affected, stating the probable duration of the interruption of service.
d. 
Water shall be supplied through one service pipe and one meter under one fixed charge to each separate and distinct building. Buildings will be served from the street on which they face. In the case of buildings containing more than one residential or commercial unit, the entire building may, at the option of the utility, be served through one service pipe and one meter under one fixed charge or through multiple services and meters.
a. 
Water rates will be charged in accordance with the tariff of the Wildwood Water Utility. (Appendix A found at the end of this chapter contains the City of Wildwood Water Utility Tariff for Water Service as issued March 14, 2012, and effective January 1, 2012.)[1]
[1]
Appendix A is included as an attachment to this chapter.
b. 
The aforesaid water rates shall be uniform for each class of water users served by the Wildwood Water Utility and located in any of the following municipalities:
1. 
City of Wildwood
2. 
City of North Wildwood
3. 
Borough of West Wildwood
4. 
Borough of Wildwood Crest
5. 
Township of Lower
6. 
Township of Middle
a. 
Upon written request, the Wildwood Water Utility will permit the installation of a separate water meter for the sole purpose of lawn and garden irrigation or for vessel wash down. The policy applies to residential and commercial users with the exception of those that have swimming pools on their property.
b. 
Property owner shall file an application for irrigation service with the Wildwood Water Utility on a form provided by the utility. The form must be completed in full by the applicant so that the utility may properly determine the meter and service size.
c. 
The application shall be subject to the following:
1. 
The property owner is responsible for the cost of the services and the meter.
2. 
Property owners approved contractor shall install the service in accordance with the Wildwood Water Utility specifications and notify the utility at least 48 hours in advance for utility inspection.
3. 
The customer and/or his contractor is responsible for obtaining the street opening permit and all street, repairers for the installation of the new service.
4. 
The Wildwood Water Utility in an effort to protect and conserve our groundwater resources requires that all irrigation systems must have backflow prevention devices in accordance with the cross connection ordinance and rain sensors. No meter will be installed until all aspects of the installation are completed and approved by the Wildwood Water Utility.
5. 
Upon inspection. If it is determined that water is being used for purposes other than irrigation, the owner will receive a sewer bill based on the total consumption.
6. 
In the event of a drought emergency, the Wildwood Water Utility reserves the right to limit and/or withdraw all irrigation applications.
a. 
To protect the public potable water supply served by the Wildwood Water Utility from the possibility of contamination or pollution by isolating, within its customers internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system.
b. 
To promote the elimination or control of existing cross connections, actual or potential, between its customers in plant potable water system, and non-potable systems.
c. 
To provide for the maintenance of a continuing program of cross connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
a. 
The Federal Safe Drinking Water Act of 1974, and the statute of the state of New Jersey N.J.A.C. 5:23-2.23, 5:23-3.15 and N.J.A.C. 7:10-10 the water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.
b. 
The Wildwood Water Utility, rules, regulations and specifications.
The Director of the Wildwood Water Utility shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If in the judgment of the Director of the Wildwood Water Utility, an approved backflow device is required at the city's water service connection to any customer's premises, the director or his delegated agent shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to his premises. The customer shall, within 90 days install such approved device, or devices, at his own expense, and failure or refusal, or inability on the part of the customer to install said device or devices within 90 days, shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
a. 
APPROVED — Shall mean accepted by the Director of the Wildwood Water Utility as meeting an applicable standard stated or cited in this regulation, or as suitable for the proposed use.
b. 
AUXILIARY WATER SUPPLY — Shall mean any water supply, or available, to the premises other than the purveyors approved public potable water supply.
c. 
BACKFLOW — Shall mean the flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
d. 
BACKFLOW PREVENTER — Shall mean any device or means designed to prevent backflow or back siphon each. Most commonly categorized as air gap, reduced pressure device, hose bib vacuum breaker and residential dual check valve.
e. 
AIR GAP — Shall mean a physical separation sufficient to prevent backflow between the free flowing discharge and the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply-side pipe diameter but never less than two inch.
f. 
HOSE BIB VACUUM BREAKER — Shall mean a device which is permanently attached to a hose bib and which acts as an atmospheric vacuum breaker.
g. 
REDUCED PRESSURE BACKFLOW PREVENTER — Shall mean an assembly consisting of two independently operating approved check valves with an automatic operating differential relief valve located between the two check valves, tightly closing shut off valves on each side of the check valves plus property located test cocks for the testing of the check valves and the relief valves.
h. 
RESIDENTIAL DUAL CHECK — Shall mean an assembly of two spring-loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
i. 
BACK PRESSURE — Shall mean a condition in which the owner system pressure is greater than the supplier's system pressure.
j. 
BACKSIPHONAGE — Shall mean the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system.
k. 
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP) — Shall mean the department within the state of New Jersey regulated to control public potable water systems.
l. 
CONTAINMENT — Shall mean a method of backflow prevention which requires backflow prevention preventer at the water service entrance.
m. 
CONTAMINANT — Shall mean a substance that will impair the quality of the water to a degree that it relates a serious health hazard to the public leading to poisoning or the spread of disease.
n. 
CROSS-CONNECTION — Shall mean any actual or potential connection between the public water supply and a source of contamination or pollution.
o. 
DEPARTMENT — Shall mean the Wildwood Water Utility.
p. 
OWNER — Shall mean any person who has legal title to, or license to operate or inhabit, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
q. 
PERSON — Shall mean any individual, partnership, company, public or private corporation, political subdivision or agency of the state department, agency or instrument or the United States or any other legal entity.
r. 
PERMIT — Shall mean a document issued by the department which allows the use of a backflow preventer.
s. 
POLLUTANT — Shall mean a foreign substance, that is permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.
t. 
WATER SERVICE ENTRANCE — Shall mean that point in the owner's water system beyond the sanitary control of the department; generally considered to be the outlet and of the water meter and always before any unprotected branch.
u. 
DIRECTOR OF THE WILDWOOD WATER UTILITY — Shall mean the director, or his delegated representative in charge of the cross-connection department, is invested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of the section.
a. 
Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the department's cross-connection regulations.
b. 
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the department's program and the NJDEP regulations if a cross-connection is permitted.
c. 
If the department requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose.
a. 
Department.
1. 
On new installations, the department will provide on-site evaluation and/or inspection of plans in order to determine if a reduced pressure backflow preventer is required, will issue a permit, and perform inspection and witness testing.
2. 
For premises existing prior to the start of this program, the department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily 90 days will be allowed, however, this time may be shortened depending upon the degree of hazard involved and the history of the devices in questions.
3. 
The department will not allow any cross-connection to remain unless it is protected by an approved reduced pressure backflow preventer for which a permit has been issued and which will be regularly tested to ensure satisfactory operation.
4. 
The department shall inform the owner by letter, of any failure to comply, by the time of the first reinspection. The department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second reinspection, the department will inform the owner by letter that the water service to the owners premises will be terminated within a period of not to exceed five days. In the event that the owner informs the department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the department but in no case will exceed an additional 30 days.
5. 
If the department determines that any time a serious threat to the public health exists, the water service will be terminated immediately.
6. 
The department shall have on file, a list of private contractors who are certified backflow device testers. All charges for these tests will be paid by the owner of the building or property.
7. 
The department will begin initial premises inspection to determine the nature of existing or potential hazards, following the approval of this program by the commissioners, during the calendar year 2012. Initial focus will be on high hazard industries and commercial premises.
b. 
Owner.
1. 
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
2. 
The owner, after having been informed by a letter from the department, shall at his own expense, install, maintain, and test or have tested, any and ball backflow preventers on his premises.
3. 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
4. 
The owner shall inform the department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but has not been found by the department.
5. 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
6. 
The owner shall install only backflow preventers approved by the department.
7. 
Any owner having a private well or other private water source, must have a permit if the well or source is cross-connected to the department's system. Prior to the department granting permission the owner must apply for and receive an operating permit for NJDEP. Permission to cross-connect may be denied by the department. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross-connected to the department's system.
8. 
In the event the owner installs plumbing to provide potable water for domestic purposes which is on the department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
9. 
The owner shall be responsible for the payment of all fees for permits, annual device testing, retesting in the case that the device fails to operate correctly, and second reinspection for noncompliance with department requirements.
The department recognizes the threat to the public water system arising from cross-connection. All threats will be classified by degree of hazard and will require the installation of the approved reduced pressure backflow prevention device.
The department shall not permit a cross-connection within the public water supply system unless it is considered necessary and that it cannot be eliminated.
a. 
Cross-connection permits that are required for each backflow prevention device are obtained from the department. A fee of fifty ($50.00) dollars will be charged for the initial permit and twenty-five ($25.00) dollars for the renewal of each permit.
b. 
Permits shall be renewed every year and all are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with this service.
Any existing backflow preventer shall be allowed by the department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure backflow device.
a. 
Reduced pressure backflow prevention devices shall be tested and inspected at least annually.
b. 
Periodic testing shall be performed by an NJDEP certified tester. This testing will be done at the owner's expense.
c. 
The testing shall be conducted during the department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased cost to the department.
d. 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be retested at owner's expense to ensure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and can not be repaired immediately. In other situations a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installations of two devices is an effective means of the owner ensuring that uninterrupted water service during testing or repair of the devices and is strongly recommended when the owner desires such continuity.
e. 
Backflow prevention devices will be tested more frequently than specified in paragraph a above, in cases where there is a history of test failures and the department feels that due to the degree of hazard involved, additional testing is warranted. Cost of the educational tests will be borne by the owner.
a. 
Records. The department will initiate and maintain the following:
1. 
Master files on customer cross-connection tests and/or inspections.
2. 
Master files on cross-connection permits.
3. 
Copies of lists and summaries supplied to the commission.
b. 
Reports. The department will submit the following to the commissioner.
1. 
Initial listing of cross-connections.
2. 
Initial listing of all high hazard cross-connections.
3. 
Annual update list of items 1 and 2 above.
4. 
Annual summary of cross-connections inspections.
The department will publish in its tariff a list of fees.
a. 
Addendum.
1. 
Residential Dual Checks. Effective the date of the acceptance of this cross-connection control program for the department all new residential buildings will be required to install a residential dual check valve device immediately downstream of the water meter. Installation of this residential dual check device on a retrofit basis on existing service lines will be instituted at the time and at a potential cost to the homeowner as deemed necessary by the department.
The owner must be aware that installation of a residential dual check valve results in a potential closed plumbing system within the residence. As such, provisions may have to be made by the owner to provide for thermal expansion within his closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
2. 
Strainers. The department strongly recommends that all retrofit installations of reduced pressure backflow prevention devices include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of the backflow devices due to foreseen and unforeseen circumstances occurring within the water system such as water main repairs, water main breaks, fires, periodic cleaning and flushing for maintenance, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
[1]
Editor's Note: Ordinance Nos. 537, 607, and 898 previously codified herein have been superseded in entirety by Ordinance Nos. 210-88 and 230-89.
For the purposes of this section, the following terms, phrases, words and their derivations, shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
a. 
ASHES — Shall mean the residue from the burning of wood, coal, coke, or other combustible materials.
b. 
DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS or DIRECTOR — Shall mean the Director of the Department of Public Works of the City of Wildwood.
c. 
GARBAGE — Shall mean putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
d. 
PERSON — Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
e. 
OCCUPANT — Shall mean the owner, agent, tenant, lessee, caretaker or any other person in charge of any premises in the City of Wildwood.
f. 
PRIVATE COLLECTOR — Shall mean any person engaged in the business of privately collecting garbage, rubbish and ashes, as defined in this section, within the City of Wildwood.
g. 
PUBLIC COLLECTOR — Shall mean the Department of Public Works of the City of Wildwood.
h. 
COLLECTOR — Shall mean either private collector or public collector as herein defined.
i. 
REFUSE — Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes, excepting, however, any nonputrescible solid wastes which are subject to the Recycling Ordinance of the City of Wildwood.
j. 
RUBBISH — Shall mean nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, metal cans, yard clippings, wood, glass, bedding, crockery and similar materials, excepting, however, any nonputrescible solid wastes which are subject to the Recycling Ordinance of the City of Wildwood.
k. 
SUFFICIENT (as applied to refuse receptacles) — Shall mean at least one receptacle for each family unit or other occupant of the premises for which the receptacles are provided, and at least two receptacles for each restaurant, market, store or similar business establishment where refuse accumulates.
l. 
SUITABLE (as applied to refuse receptacles) — Shall mean a water-tight metal or plastic receptacle with a tight-fitting cover which is so constructed as to prevent the spilling or leaking of its contents and shall be equipped with pull handles.
All refuse accumulated in the City of Wildwood shall be collected, conveyed and disposed of under the supervision of the director. The director shall have the authority to make regulations concerning the days of collection by the public collector, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
a. 
Every person, householder, owner, occupant or proprietor of a hotel, motel, restaurant, boardinghouse, market, store, mercantile establishment or other place of habitation or commercial or residential operation in the City of Wildwood shall provide, or cause to be provided, suitable receptacles for garbage and trash, and shall be placed at the location most convenient for collections.
b. 
Where refuse is collected by a private collector, receptacles for refuse from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in paragraph a, provided that they are leakproof, constructed of metal or plastic, equipped for being handled by motorized equipment, cleaned and sanitized as needed after emptying, and replaced by the same type of receptacle if removed for emptying.
Receptacles that are badly broken or which otherwise fail to meet the requirements of this section, may be classed as refuse and collected and disposed of as such by the person responsible for refuse collection.
Refuse receptacles shall not be set out for collection except after 9:00 p.m. prior to the day scheduled for the collection of refuse and not later than 7:00 a.m. on the day of collection, and shall not be left out later than 6:00 p.m. on the day of collection.
Receptacles shall be conveniently located on the premises for the storage of refuse and shall be maintained in a manner that will prevent the creation of a nuisance or a menace to the public health.
a. 
The receptacles for garbage and trash shall be of rigid construction, have a snug-fitting top, be watertight and have suitable handles. A suitable number of such receptacles shall be provided by every owner, occupant or proprietor at each location.
b. 
The total number of receptacles placed curbside for collection shall not exceed 12 32-gallon receptacles (maximum weight - 50 lbs. per receptacle) OR four 96-gallon receptacles per household, hotel, motel, restaurant, boarding house, market, store, mercantile establishment or other place of habitation or commercial or residential operation. Accordingly, the total number of gallons of garbage and trash placed curbside shall not exceed 384 gallons per pick-up. Each receptacle shall be kept clean and clearly marked with the address. No rainwater or other liquid shall be allowed to enter the same. In addition, the garbage and trash may be further enclosed in a disposable bag.
c. 
No person shall sprinkle or place any hazardous substance upon any refuse.
d. 
In its discretion, the board of commissioners may amend, by resolution, the provisions of subsection 10-3.7b.
a. 
No person shall place any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the City of Wildwood, except in proper containers for collection or under express approval granted by the director.
b. 
The occupant of every premises within the City of Wildwood shall arrange for the daily removal of refuse from the premises unless sufficient and suitable facilities are provided for the storage of refuse until it is removed. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.
c. 
No person shall cast, place, sweep or deposit anywhere within the City of Wildwood, any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the city.
Any vehicle used for the collection and removal of refuse shall have a fully enclosed watertight body which shall be so designed as to prevent leaking or dispersal of the contents. The part of the vehicle used for the transportation of refuse shall be kept thoroughly cleaned and shall be suitably washed and disinfected between collections and shall be operated in such a manner as to prevent, to the fullest extent possible, the creation of any offensive odor or appearance.
a. 
Neither the collector nor his employees shall pick or sort paper, rubbish, ashes, trade waste, debris or other refuse, and the contents of refuse containers shall be removed from the premises at the time of collection without any unnecessary delay or exposure or without any spilling.
b. 
The collector shall be responsible for seeing that his employees and agents perform the work of collection in a quiet, decent, careful and diligent manner.
a. 
The public collector shall collect refuse, excepting bulk items, from all properties in the City of Wildwood on days and at the times as from time to time established by the director, provided that every property which is in compliance with the provisions of this section shall have its refuse collected at least two days per week between May 15 and October 15 in each year and at least one day per week during the remainder of each year. All other collections necessary to comply with this section shall be the responsibility of the property owner or occupant through arrangements with private collectors. No property owner or occupant shall enter into an agreement for refuse removal with any private collector who is not licensed under the provisions of the Recycling Ordinance of the City of Wildwood, which Ordinance is No. 208-88, entitled "An Ordinance to Establish a Mandatory Program for the Separate Collection of Mixed Paper, Glass, and Certain Metal Food and Beverage Containers from the Residents, Commercial Establishments and Institutions of the City of Wildwood for Recycling Purposes; setting Forth the Regulations Therefor; and to Fix Penalties for the Violation Thereof", as amended and supplemented.
Ordinance No. 208-88 is codified in section 3-17 of this Code.
b. 
Bulky items such as furniture, rugs, refrigerators, stoves, washers, dryers, mattresses and television sets may be placed at curbside on a weekday during the months of May and October, only, which day or days will be determined from time to time by the director, and shall be picked up by the public collector. No person may place any bulky items, as herein defined, at the curbside any time other than a weekday during the months of May and October, as determined by the director. During months other than May and October, bulky items may be placed at the curb for removal by the public collector, only after prior arrangement for such removal has been made with the director and a fee paid for such removal, which fee is to be in accordance with the schedule of fees for such removal as promulgated by regulation of the director. The responsibility for removal of bulky items at any times other than as provided in this paragraph shall be that of the property owner or occupant.
Bulk Trash Fee Schedule
Air Conditioner
$20.00
Bean Bag Chair
$10.00
Bicycles
$10.00
Box Springs
$10.00
Buffets
$10.00
Bureaus
$10.00
Cabinet Sinks
$25.00
Carpet
$10.00
Chairs
$10.00
Chest/Drawers
$10.00
Coffee Table
$10.00
Cot
$10.00
Couches
$10.00
Counters
$10.00
Day Bed
$10.00
Desk-Wood
$10.00
Desk-Metal
$15.00
Dishwasher
$25.00
Display Case
$10.00
Dresser
$10.00
Dryers
$25.00
Entertainment Center
$10.00
Fan
$10.00
Frames
$10.00
Freezer
$30.00
Grill/Barbecue
$10.00
Headboard
$10.00
Heaters
$25.00
Hide-A-Bed
$10.00
High Chair
$10.00
Hot Water Heater
$25.00
Kitchen Table & Chairs
$10.00
Ladder
$10.00
Lamps
$10.00
Lawn Mower
$15.00
Lounge Chair
$10.00
Loveseat
$10.00
Mattress
$10.00
Microwave
$10.00
Night Stands
$10.00
Office Machinery
$20.00
Padding
$10.00
Picnic Table
$10.00
Range
$25.00
Recliner Chair
$10.00
Refrigerator
$30.00
Rocker
$10.00
Rugs
$10.00
Sectional Couch
$10.00
Sewing Machine
$10.00
Shelf-Unit
$10.00
Sinks
$15.00
Sofa-bed
$15.00
Speakers
$10.00
Springs
$10.00
Stoves
$25.00
Tables
$10.00
Sinks
$15.00
VCR
$10.00
Wash Basin
$25.00
Washers
$25.00
Vacuum Cleaner
$10.00
c. 
Additional Provisions. The board of commissioners may amend the terms and provisions (fees) of Chapter 10, subsection 10-3.11b by resolution.
No refuse shall be disposed of within the City of Wildwood.
Any person who violates any provision of this section shall, upon conviction thereof, be punishable by a fine not to exceed one thousand ($1,000.00) dollars for a first offense and a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for each subsequent offense.
a. 
Preamble. Whereas, the New Jersey Department of Environmental Protection, Division of Water Resources, has directed the City of Wildwood to enact a moratorium in new sewer connections or expansion of existing sewer facilities because of a lack of adequate conveyance capacity and because the municipal treatment works has reached 100 percent of the designed flow in violation of the NJDEPS permit; and the directive implementing the sewer extension moratorium from the New Jersey Department of Environmental Protection was received by the City of Wildwood on August 12, 1985; and the directive implementing a sewer connection moratorium was delivered to the City of Wildwood by the New Jersey Department of Environmental Protection on August 28, 1985 under the authority of the New Jersey Water Pollution Control Act and N.J.A.C. 7:9-13.1(f)2.
b. 
Effective Date. Effective August 12, 1985, a moratorium is hereby imposed prohibiting any new sewer extension and effective August 28, 1985, a moratorium is hereby imposed prohibiting any new sewer connection or the expansion of any existing sewer facilities within the confines of the City of Wildwood.
c. 
Approval. No sewer connections or sewer extensions shall be permitted within the confines of the city during the term of the within described moratorium unless an exemption therefore is granted within the terms of paragraph e.
d. 
Definitions. Whenever any word or phrase is used in this section, the meaning ascribed to same in N.J.A.C. 7:9-13.3 shall be deemed to apply to such word or phrase used herein.
e. 
Exemptions. The governing body of the city, subject to approval from the New Jersey Department of Environmental Protection, may grant exemptions to the sewer extension and sewer connection bans in order to provide relief to persons that suffer substantial types of harm due to the imposition of the sewer expansion and sewer connection moratorium. Such connection and extension ban exemption may be granted by the governing body of the city, subject to the approval of the New Jersey Department of Environmental Protection for any of the following criteria:
1. 
If the City of Wildwood, prior to the effective date(s) of the moratorium(s), has issued a building permit, final subdivision approval or other type of approval, and the applicant can show that in good faith reliance upon said permit or approval he has made substantial expenditures for improvements to the property prior to said date. The payment of taxes, the purchase price, expenditures for preparation of engineering and architectural plans and for legal fees and other "soft costs" not resulting in improvement to the land itself shall not be considered "substantial expenditures."
2. 
If an existing building or group of buildings with individual subsurface disposal system(s) is certified by the local health authorities and proven to the satisfaction of the city and the New Jersey Department of Environmental Protection to be presently creating health hazard due to overflow, contamination to the waters of the state or other malfunction and the system cannot be reasonably rehabilitated.
3. 
If the application for the exemption is a request to allow the connection of a proposed building, which is publicly owned or operated, including but not limited to: a school, hospital, fire or police station, senior citizen housing, or long term health care facility, which has received a certification of need from the New Jersey Department of Health, an exemption may be granted if the City of Wildwood and the Department of Environmental Protection determine in their sole discretion that there exists a sufficient public need for the proposed building.
4. 
If the proposed construction will replace a building, structure or unit with an existing sewerage connection, the proposed construction may be exempted only if the building, structure or unit with the existing connection was in use at the time the order was issued and if the proposed construction will create flow equal to or less than the flow of the old building, structure or unit, and the proposed construction will be at the same location as the existing building, structure or unit.
f. 
Application Process.
1. 
An applicant applying for exemption must submit a plan for water conservation plumbing and the implementation of such plan will be a condition of any exemption granted. All applicants for exemption must prove to the satisfaction of the City of Wildwood and the New Jersey Department of Environmental Protection that it meets the criteria set forth in paragraph e. All applications for exemption shall be submitted to the city clerk of the City of Wildwood together with all appropriate documentation. There shall be a hearing for each application for exemption and the applicant shall be afforded an opportunity to be heard.
2. 
The applications shall also contain the following information:
(a) 
Name of applicant;
(b) 
Block, lot and street address of property in question;
(c) 
Approximate age of structure on the premises if any;
(d) 
Type of existing sewage disposal system, if any;
(e) 
Approval previously obtained, if any;
(f) 
Such other information as may be required by the city clerk.
3. 
Prior to submission to the city clerk, the application shall be reviewed by the city construction official, the city engineer and the city plumbing inspector and a report from each shall be annexed to the application prior to its transmittal to council. No application for exemption shall be considered unless the applicant has secured all necessary municipal and/or state approvals such as, without limitation, site plan, subdivision or CAFRA. Any and all approvals from municipal agencies shall be conditioned upon compliance with the provisions of N.J.A.C. 7:9-13.1 et seq.
4. 
After review of the application, the city council shall approve or reject the application as it may in its sole discretion deem appropriate.
The owner of every property situate in the City of Wildwood, which is connected to the sewerage collection system in the City of Wildwood, shall pay an annual charge for sewer service which shall be based on the consumption of water at said property, said annual charge to be calculated as provided in this section.
Pursuant to the Municipal Public Utility Law N.J.S.A. 40:63-1 et seq., and the power invested in the City of Wildwood Municipal Sewer Utility which utility was created by Ordinance No. 202-87,[1] the following charges for sewer service are hereby established:
a. 
A basic annual service fee of four ($4.00) dollars for each one thousand (1,000) gallons of actual metered water consumption, or part thereof, at the property during the preceding calendar year, provided that in no event will the basic annual service fee be less than one hundred twenty-five ($125.00) dollars.
b. 
Supplemental Annual Service Fee. A supplemental annual service fee which will be determined annually by first establishing a rate per 1,000 gallons of water consumed at the property during the third quarter of the previous year. The director of revenue and finance of the City of Wildwood shall make the annual determination of the rate per 1,000 gallons of water by dividing the total metered water consumption in the City of Wildwood during the third quarter of the preceding year into the amount of dollars required to be raised by the City of Wildwood Municipal Sewer Utility for the current year over and above the total basic annual service fees. The rate per 1,000 gallons of water as so determined will be applied to the actual metered water consumption, rounded upward to the nearest 1,000 gallons, for the property in question for the third quarter of the preceding year, and the result will constitute the supplemental annual sewer service fee for the current year. Upon making the calculation contemplated by this subsection, the director of revenue and finance shall submit the proposed supplemental annual sewer service fee to city council of the City of Wildwood for confirmation by resolution. City council shall have the right to review the calculations of the director of revenue and finance and to take testimony from said director and such other persons as city council may wish to hear in order to enable it to confirm the proposed supplemental annual sewer service fee as submitted by the director or as modified by city council. Should city council fail to act within ten days of the submission of the proposed rate by the director, the proposed rate will be conclusively deemed to have been confirmed as submitted. No bills for the annual service fee as hereinafter defined may be rendered until such time as the supplemental annual service fee is confirmed by city council.
c. 
Alternate Supplemental Annual Service Fee. Notwithstanding the method of determining the manner of calculating the supple-mental annual service fee as set forth in subsection 10-5.2b hereof, the owner of any property with non-gravity discharge into the sewage system served by the City of Wildwood Municipal Sewer Utility may apply to the City of Wildwood Municipal Sewer Utility for the installation of a test sewer meter to be installed by the City of Wildwood Municipal Sewer Utility for the purpose of determining the actual flow of sewage from the property during a regulated test period. A fee of two thousand ($2,000.00) dollars will be charged for such test, five hundred ($500.00) dollars of which will be refundable if the test results indicate that the property is entitled to the installation of a sewer meter per the provisions of this section. In the event that the test performed shows that the gallonage of the metered sewage flow from said property during the test period is less than 70 percent of the gallonage of the metered water consumption at said property during the test period, then such owner, at its expense, may install a meter of a type approved by the City of Wildwood Municipal Sewer Utility, and thereafter, upon approval of the installation by the City of Wildwood Municipal Sewer Utility, the supplemental annual service charge for sewer service at said property will be the actual sewage flow rounded up to the nearest 1,000 gallons as shown by the sewer meter, plus 20 percent thereof, times the supplemental annual service charge. The approved sewer meter must be tested at least annually by the City of Wildwood Municipal Sewer Utility. The fee for such test, if performed by the City of Wildwood Municipal Sewer Authority will be one hundred ($100.00) dollars.
d. 
Annual Service Fee. The annual service fee will be the total of the basic annual service fee computed pursuant to paragraph a above, and the supplemental annual service fee or the alternate supplemental annual service fee computed pursuant to paragraph b or c above.
e. 
For the purposes of this section, metered water consumption shall consist of water supplied by the City of Wildwood Water Utility as well as water obtained by on site wells.
[1]
Editor's Note: Ordinance No. 202-87, establishing a Municipal Sewer Utility, is codified in Chapter 2, Section 2-33.
Notwithstanding the provisions of subsection 10-5.2 above, if any building is constructed on a formerly vacant lot, or if any building is constructed on a lot on which a building had formerly been situated, which building was demolished prior to January 1 of the year in question, then in lieu of the annual service fee calculated in accordance with the provisions of subsection 10-5.2 above, a flat fee will be imposed for the year during which a building is constructed. The annual fee as determined by this section will be prorated as of the first day of the month following the setting of a new tap or reconnection of the water meter for the said building. The flat fee shall be as follows:
a. 
Hotel, motel, apartment, single or multiple family dwelling - $200.00 per dwelling unit.
b. 
Commercial structure except bar or restaurant - $200.00 per commercial unit.
c. 
Bar or restaurant - $200.00 plus $40.00 per permitted chair or stool, in excess of five, as shown on the site plan submitted to the City of Wildwood Planning Board.
Should any water meter be removed from a property prior to December 31st in any year, a sewer service fee, as determined by this subsection, will still be due for the succeeding calendar year. No sewer service fee will be due in any calendar year beginning with the second year following the removal of the water meter, provided that a water meter is not reinstalled at the property. Upon reinstallation of a water meter, a sewer service fee will be due as provided in this subsection.
The basic annual service fee shall be payable in full on or before the 10th day of each March, May, August and November in four (4) equal installments, and the supplemental annual service fee shall be payable in four (4) equal installments on the 10th day of each March, May, August and November.
Annual service fees calculated on a lump sum basis in lieu of the calculation set forth in subsection 10-5.2 above, will be payable one-half on the first day of the month following the issuance of the certificate of occupancy and the remaining one-half on the first day of the third month thereafter, except if the certificate of occupancy is issued on or after September 1 in any year in which event, the entire fee will be payable on the first day of the month following the issuance of the certificate of occupancy.
No charge will be made where a customer makes a call for service to the sewer utility, even though an inspection reveals that the sewer utility is not responsible for the problem complained of; provided, however, that should a second call for service be made for the same property within 30 days of the first call, a charge of one hundred fifty ($150.00) dollars will be due should the problem complained of not be the responsibility of the sewer utility. Further charges of one hundred fifty ($150.00) dollars shall be imposed for successive calls within 30 day periods should the problem complained of not be the responsibility of the sewer utility.
The fees established by this section shall bear interest and constitute liens upon property as provided by N.J.S.A. 40:63-8.
Should any property utilize well water instead of or in addition to water supplied by the City of Wildwood Water Utility, then a meter shall be installed at the well in order to monitor such water consumption. The cost of the meter and installation shall constitute a fee to be paid by the property owner with the next installment due for sewer service.
a. 
Grounds for Disconnection. Any sewer account which becomes more than six months delinquent shall be subject to termination; as well as, either in addition to, or in the alternative; disconnection of water service to the property.
b. 
Notice to Owner. Not less than 45 days prior to disconnection, the owner of record whose name appears on the tax duplicate in the office of the city assessor shall be notified of the proposed disconnection by certified mail, return receipt requested and regular mail. Simultaneously, the sewer utility shall provide the municipal clerk with a copy of said notice and the municipal clerk shall provide a list of proposed disconnections to the board of commissioners at the next subsequent city meeting.
c. 
Hardship Exemption. Any person or entity suffering under a hardship may apply for hardship exemption from disconnection by filing an application with the City of Wildwood Sewer Utility. Said application shall be referred to an independent review board to be designated by the board of commissioners. The review board shall analyze the application in accordance with rules and regulations to be promulgated by the Board of Commissioners of the City of Wildwood by resolution.
d. 
Time for Payment. If the outstanding arrearage is not satisfied within 45 days from the date of the notice, and if no hardship waiver has been granted, then the City of Wildwood Sewer Utility may disconnect the delinquent sewer service and the City of Wildwood Water Utility may discontinue water service.
e. 
Reconnection; Fees. Any sewer service which is disconnected pursuant to this subsection may be reconnected upon application of the record owner upon payment of the following:
1. 
All outstanding real estate taxes and sewer delinquencies.
2. 
A reconnection fee as follows:
(a) 
First offense: $300.
(b) 
Second offense: $800.
f. 
Notice to Public Agencies. The City of Wildwood Sewer Utility shall notify the Cape May County Health Department, the City of Wildwood Board of Health, and the municipal clerk of each and every disconnection which it effectuates.
Article I. Definitions
Unless the context of usage indicates otherwise, the meaning of specific terms in these regulations shall be as follows:
ACT
Shall mean the Federal Clean Water Act, as amended.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.
BUILDING SEWER
Shall mean the extension from a building wastewater plumbing facility to the public wastewater facility.
CMCMUA
Shall mean Cape May County Municipal Utilities Authority.
COMBINED SEWER
Shall mean a sewer intended to receive both wastewater and storm or surface water.
COMMERCIAL USER (CLASS II)
Shall include any property occupied by a nonresidential establishment not within the definition of an "industry user (Class III)," and which is connected to the wastewater facilities.
DAY
Shall mean the 24 hour period beginning at 12:01 a.m.
EPA
Shall mean United States Environmental Protection Agency.
EXTRAORDINARY EXPENSE
Shall mean those costs which are over and above normal operating and maintenance costs incurred as a result of actions of a person or persons.
GARBAGE
Shall mean the solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, preparation, cooking and serving of foods.
INDUSTRIAL USER (CLASS III)
Shall mean any nonresidential user whose waste does not meet the restricted discharge requirements set forth in article VI, subsection 10-6.30 of these regulations.
INTERFERENCE
Shall mean inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system, or their operation, which substantially contributes to a violation of applicable discharge permits.
MAY
Is permissible, "shall" is mandatory.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake, or any other body of surface or groundwater.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
NJDES
Shall mean National Pollutant Discharge Elimination System permit program, whether administered by the EPA or by the State of New Jersey.
OWNER
Shall mean the person or persons who legally own, lease or occupy private property with wastewater facilities which discharge, or will discharge to the wastewater facilities.
PERSON
Shall mean any individual, firm, company, association, society, partnership, corporation, municipality or other similar organization, agency or group.
pH
Shall mean the logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter of solution as determined by standard methods.
PRETREATMENT
Shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to discharge to the wastewater facilities.
PROPERLY SHREDDED GARBAGE
Shall mean garbage that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in the wastewater sewers, with no particle greater than one-half inch in any dimension.
RESIDENTIAL USER (CLASS I)
Shall mean premises used only for human residency and which is connected to the wastewater facilities.
SANITARY WASTEWATER
Shall mean wastewater discharged from the sanitary conveniences of dwellings, office buildings, industrial plants or institutions.
SHALL
Is mandatory, "may" is permissible.
STANDARD METHODS
Shall mean the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.
STATE
Shall mean State of New Jersey.
"STORM SEWER
Shall mean a sewer for conveying storm, surface and other waters, which is not intended to be transported to a treatment facility.
SURFACE WATER
Shall mean water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil.
SUSPENDED SOLIDS
Shall mean the total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater as determined by standard methods.
TOXICS
Shall mean any of the pollutants designated by Federal Regulations pursuant to section 307 (a) (1) of the Act.
WASTEWATER
Shall mean a combination of liquid and water-carried wastes from residences, commercial buildings, industries and institutions, together with any groundwater, surface water or storm water or other infiltration that may be present.
WASTEWATER FACILITY
Shall mean the combination of the wastewater sewers, pumping stations, appurtenances and treatment facilities.
WASTEWATER SEWER
Shall mean the structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the treatment facility.
WASTEWATER TREATMENT FACILITY
Shall mean the structures, processes, equipment and arrangements necessary to treat and discharge wastewater.
WPCF
Shall mean the Water Pollution Control Federation.
Article II. General Provisions
The purpose of this section is to provide for the maximum possible beneficial public use of the wastewater facilities through regulation of sewer construction, sewer use and wastewater discharges and to provide procedures for complying with the requirements contained herein.
The definitions of terms used in this section are found in Article I. The provisions of this section shall apply to the discharge of all wastewater to facilities in the city. This section provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this section.
Except as otherwise provided herein, the governing body of the city or its designee, shall administer, implement and enforce the provisions of this section.
Any person found in violation of this section or any requirement of a permit issued hereunder, may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, subsection 10-6.6 of this article shall be implemented.
a. 
Any person who continues to violate the discharge provisions of this section beyond the time limit provided in subsection 10-6.5 above, may be charged with such violation and, upon conviction thereof, shall be fined not more than one thousand ($1,000.00) dollars for each day the violation continues and/or may be subject to disconnection from the wastewater facilities. In addition, if a violation causes an extraordinary expense to any operating component of the wastewater facilities, the person causing such violation shall be liable for the full amount of the extraordinary expense plus any costs incurred by the entity pursuing enforcement of these provisions. The city will transfer any such reimbursement to the person suffering the injury or incurring the expenses.
b. 
Each day or portion thereof a violation continues shall constitute a separate violation.
a. 
All fines collected under this section shall be used for the sole purpose of constructing, operating or maintaining the wastewater facilities or the retirement of debt incurred for same.
b. 
All fees and charges payable under the provisions of this section are due and payable upon the receipt of notice of charges; unpaid charges shall become delinquent and shall be subject to penalty and interest charges.
a. 
Commencing on the date that this subsection becomes law[1] there will be a limitation on the relief granted to a property owner who seeks an abatement of Wildwood municipal sewer bills. Henceforth, a property owner shall receive only one abatement or reduction of a sewer bill during his/her or its (in the case of a corporation, limited liability company or partnership) period of ownership of a given property. Such reduction requests must be accompanied by an affidavit from the property owner setting forth, under oath, the facts and circumstances supporting the request and an affidavit from a registered, qualified licensed New Jersey plumber confirming, under oath, that a leak or other plumbing difficulty occurred on site which was not readily detectable thus causing abnormal sewer usage.
The request shall be reviewed by the supervisor of accounts of the sewer utility, the director and the sewer utility department head and approved or denied by said authority. If approved by the authority, the customer will receive an adjustment based on the average of the previous four quarters consumption for the same time period (first quarter, second quarter, third quarter and fourth quarter). If four quarters are not available, then the available quarters for the time period will be averaged. This consumption average is then subtracted from the amount of the quarterly consumption to be adjusted times 65 percent. The customer is then given a credit adjustment. The customer will be notified that this is a one time leak adjustment and a note will be permanently placed in the customer's account history indicating that they have received this one time courtesy leak adjustment. Under no circumstances will the customer be granted an additional leak adjustment.
Example:
1.
Quarterly Consumption Usage
125,000 gallons
2.
Customer Consumption Average
-6,000 gallons
Difference
119,000 gallons
3.
119,000 consumption overage multiplied by the rate multiplied by 65 percent equals the adjustment amount.
4.
All adjustments will be rounded to the next higher 1,000 gallons.
The board of commissioners may impose additional standards to the applied or modify the provisions herein, from time to time, by resolution.
[1]
Editor's Note: Ordinance No. 598-03, codified herein, was adopted November 12, 2003 and amended October 14, 2009 by Ordinance No. 775-09.
a. 
City personnel, or contracted designees bearing proper credentials and identification, shall be permitted to enter the property of any residential, commercial or industrial user of the wastewater sewer at any reasonable time for the purposes of inspection, observation, measurement and sampling of the wastewater discharge to ensure that discharge to the wastewater facilities is in accordance with the provisions of this section.
b. 
While performing the necessary work on private properties referred to in paragraph a above, all persons shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
c. 
During the performance on private properties of inspections, wastewater sampling or other similar operations referred to in paragraph a above, the owner and occupant shall be:
1. 
Held harmless for personal injury to or death of the inspecting personnel and the loss of or damage to supplies or equipment used by the inspectors in the process of inspection; and
2. 
Indemnified against liability claims asserted against the owner or occupant for personal injury or death of inspection personnel or for loss of or damages to property used by the inspectors, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person who violates this subsection shall, upon conviction, be punishable by a fine in an amount not to exceed one thousand ($1,000.00) dollars. The fine shall be in addition to payment of damages incurred by a wastewater facility.
Should any subsection, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid for any reason, the remaining portions of this section shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this section are hereby declared to be severable.
Any person, persons or businesses responsible in part or in whole for an accidental spill into the sewer system onto public or personal property, or into surrounding bodies of water, shall immediately report each occurrence to the City of Wildwood Police Department.
In the case of an accidental discharge, or if for any reason a user does not comply, or will be unable to comply with any prohibition of limitation in these sewer use regulations, the user responsible for such discharge shall immediately telephone and notify the city and the CMCMUA of the incident. The notification shall include location of discharge, type of waste, concentration and volume. Furthermore, such user shall take immediate action to prevent interference with the wastewater treatment process and/or damage to the wastewater facilities. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater facilities or other damages to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by these regulations or other applicable law.
All other ordinances in conflict or inconsistent with this section are hereby repealed, to the extent of such conflict or inconsistency.
This section shall become effective immediately upon final passage and publication, according to law.
Article III. Use of Wastewater Facilities
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Wildwood or in any area under the jurisdiction of said city any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge without an NJDES permit to any natural outlet within the City of Wildwood or in any area under its jurisdiction. Wastewater discharges to the wastewater facilities are not authorized unless in accordance with provisions of this section.
Except as provided in this section, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
Any person requesting connection to the wastewater facilities may only do so through the wastewater sewers owned by the city. No person may be permitted to directly discharge into the wastewater facilities owned by the CMCMUA unless prior written consent is received from the CMCMUA.
Article IV. Private Wastewater Disposal
No private wastewater disposal system shall be permitted in the geographic areas of the city which have wastewater sewers provided.
Article V. Building Sewers and Connections
a. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any wastewater sewer or a storm sewer without first obtaining a written permit from the city.
b. 
There shall be three classes of permits for connections to the wastewater facilities: Class I residential, Class II commercial, and Class III industrial. In all cases, the owner shall make application for a permit to connect to the wastewater facilities. The permit application shall be supplemented by wastewater information required to administer these regulations. A permit and inspection fee of two hundred fifty ($250.00) dollars for a Class I, three hundred fifty ($350.00) dollars for Class II, or five hundred fifty ($550.00) dollars for Class III connection permit shall be paid to the city at the time the application is filed.
c. 
Connections to a storm sewer shall be subject to a permit and inspection fee of three hundred ($300.00) dollars. Such connections shall be subject to the provisions of this section and the approval of the city.
The costs and expenses incidental to the connection to the wastewater facilities shall be borne by the owner.
Existing building sewers may be used for connection of new buildings only when they are found, on examination and test by the city to meet the requirements of this section.
The size, slope, alignment, construction materials, trench excavation and backfill methods, pipe placement, jointing and testing methods used in the construction and installation of a building sewer shall conform to the building and plumbing code or other applicable requirements of the NJDEP or the city.
Whenever practicable, the building sewer shall be brought to a building at an elevation below the basement floor. In buildings in which any building drain is too low to permit gravity floor to the wastewater sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to a building sewer draining to the sewer.
a. 
No person shall connect roof, foundation, areaway, parking lot, roadway or other surface runoff or groundwater drains to any sewer which is connected to a wastewater treatment facility.
b. 
All roof, foundation, areaway, parking lot, roadway or other surface runoff or groundwater drains shall discharge to natural outlets or storm sewers.
a. 
The connection of a building sewer into a wastewater sewer shall conform to the requirements of the building and plumbing code or other applicable requirements of the city and/or NJDEP.
The connection shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved in writing by the city plumbing inspector before installation.
b. 
The connection of a surface runoff or groundwater drain to a storm sewer or natural outlet designed to transport surface runoff or groundwater drainage shall conform to the requirements of the applicable building code or other applicable requirements of the city.
Excavating for building sewer installation 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 city.
The city shall not issue a permit for any class of connection to the wastewater sewers or wastewater treatment facilities unless there is sufficient capacity, not legally committed to other users, in the wastewater sewers and treatment facilities to convey and adequately treat the quantity of wastewater which the requested connection will add to the system.
Article VI. Conditions on Use of the Wastewater Sewers
All discharges of stormwater, surface water, groundwater, roof runoff and subsurface drainage shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain or arrangement which will permit any such waters to enter any wastewater sewer shall be deemed to be a violation of this subsection and this section.
a. 
No person shall discharge or cause to be discharged to any of the wastewater facilities any substances, materials, waters or wastes in such quantities or concentrations which will:
1. 
Create a fire or explosion hazard including, but not limited to gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas; including, but not limited to any liquid having a flash point lower than 235 degrees Fahrenheit as determined by the Tagliabue closed cup method.
2. 
Cause corrosive damage or hazard to structures, equipment or personnel of the wastewater facilities, but in no case, discharges having a pH lower than 5.5 or greater than 9.0.
3. 
Cause obstruction to the flow in sewers or other interference with the operation of wastewater facilities due to accumulation of solid or viscous materials.
4. 
Contain fats, wax or grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit.
5. 
Have a temperature higher than 150 degrees Fahrenheit or 65 degrees Centigrade.
6. 
Contain phenolic compounds over 1.0 part per million, expressed as phenol.
7. 
Contain any radioactive substances.
8. 
Have a biochemical oxygen demand (five day BOD) in excess of 350 milligrams per liter (mg/l).
9. 
Have a suspended solids content in excess of 300 mg/l, or containing suspended solids of such character of specific gravity that unusual attention or expense is required to handle or treat such materials.
10. 
Contain corrosive, toxic, deleterious or poisonous substances in sufficient quantity to cause injury, damage or hazard to personnel, structure or equipment, or interfere with the wastewater facilities including, but not limited to any portion of the liquid or solids treatment or handling processes, or that which will pass through the treatment facilities in such condition that they will not achieve state, federal or other existing, pending or future requirements for the effluent discharge including, but not limited to the NJDES permit requirements imposed upon the CMCMUA.
11. 
Cause unusual volume or concentration of wastes being de-livered in a "slug" manner by which it is meant that the normal (i.e. 24 hour average) concentration of loadings shall not be exceeded by more than a factor of 4.0 for any 60 minute period.
12. 
Have an objectionable color which is not removable in the wastewater treatment facility.
13. 
Be discharged by tank trucks into manholes or appurtenances of the wastewater sewer system including, but not limited to septic tank wastes. These septic tank wastes will, however, be accepted directly at designated CMCMUA wastewater treatment facilities.
14. 
Contain noxious, malodorous gas or substances which are present in quantities that create a public nuisance or a hazard to public health.
15. 
Contain any garbage that has not been properly shredded.
16. 
Contain substances interfering with sludge management. Any substance which may cause the wastewater treatment facility's sludge to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the CMCMUA is pursuing a reuse and reclamation program. In no case shall a wastewater discharged to the wastewater facilities cause the wastewater treatment facilities to be in noncompliance with sludge use and disposal criteria, guidelines or regulations developed by the NJDEP, or the USEPA, or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or the "New Jersey Guidelines for the Utilization and Disposal of Municipal and Industrial Sludges and Septage".
b. 
If any wastewaters are discharged or are proposed to be discharged to the wastewater facilities which consist of the substances or possess the characteristics enumerated above, or which may be set forth by regulatory agencies now or in the future, and which, in the judgment of the city and/or the CMCMUA, have a deleterious effect upon the wastewater facilities or constitute a public nuisance, the city may:
1. 
Reject the wastes;
2. 
Require pretreatment to an acceptable condition prior to discharge into the wastewater sewer system;
3. 
Require control over the quantities and rates of discharge; and/or
4. 
Take such other action as it may deem appropriate.
In an effort to conserve water resources, no discharger shall be permitted to dilute their waste to avoid violation of subsection 10-6.30 of this article.
Article VII. Industrial Discharge/Pretreatment Standards
No person shall discharge or cause to be discharged to any wastewater facilities, wastewaters containing substances and/or concentrations of substances, prohibited in article VI as indicated herein.
Should an industrial discharger (Class III) request connection to the wastewater facilities, the city shall:
a. 
Prior to authorizing such discharge, require that sufficient in-formation be provided in order to evaluate the waste material proposed to be discharged to ascertain compliance with article VI of this section.
b. 
If, in the opinion of the city and CMCMUA the waste is not in compliance with the requirements of article VI, the potential discharger will be required to provide adequate pretreatment facilities for the wastes in order to bring the materials proposed for discharge into the wastewater facilities into full compliance, or the industrial discharger will be denied access into the wastewater facilities.
If the city and/or the CMCMUA has reason to believe that any discharger is in violation of article VI, one or both of the following actions may be taken:
a. 
Request additional information in an effort to evaluate the quality and quantity of the materials discharged.
b. 
Monitor the wastewater.
If the discharger is found to be in violation of article VI, the city shall require the installation of pretreatment facilities within a specified time to be determined by the city and/or the CMCMUA. If such facilities are not constructed and delivering waste in compliance with the provisions of this section within the specified time, the city may disconnect the discharge from the wastewater facilities according to provisions set forth in article II.
The requirements of this subsection shall be applicable to all industrial dischargers in existence prior to and following the adoption of this section.
a. 
Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this section shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association or such alternate methods approved by the city in compliance with state and federal law. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the city and the CMCMUA. The discharger shall have the option to use, at his own expense, more complete sampling methods, locations, times and frequencies than specified by the city and the CMCMUA.
b. 
Measurements, tests and analyses of the characteristics of wastewater required by this section shall be performed by a New Jersey state certified laboratory.
c. 
When required by the city, the user shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastewater. Such manhole or other appurtenances, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the user at his expense, and shall be maintained by him so as to be safe and accessible at all times.
Nothing in this article shall be construed as preventing any special agreement or arrangement between the city and any user of the wastewater facilities whereby wastewater of unusual BOD or suspended solids strength is accepted into the system subject to any surcharge payments or user charges as may be applicable; provided, however, that such acceptance does not cause a violation of the NJDES discharge permit requirements for the waste-water treatment facility. The surcharge rates shall be in conformance with the then prevailing rates developed by the CMCMUA.
If the drainage or discharge from any person/owner causes a deposit, obstruction or damage to any of the wastewater facilities located within the city, the city or the CMCMUA, depending upon which of those entities has operating responsibility for the obstructed section of the wastewater facility, shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, supervision, permits an engineering fees shall be borne by the per-son/owner causing such deposit, obstruction or damage.
The city and the CMCMUA shall implement reasonable measures to ensure the confidentiality of the information provided by a Class III discharger, if so requested.
Editor's Note: Rate Schedules Nos. 1  —  5 are included as attachments to this chapter.