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.
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:
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.
[Amended 3-10-2021 by Ord. No. 1193-21]
a.
Water rates will be charged in accordance with the tariff of the Wildwood Water Utility. (Appendix A found attached to this chapter contains the City of Wildwood Water Utility Tariff for Water Service as as adopted March 10, 2021 by Ord. No. 1192-21.) All Users and Bulk Purchasers served by the City of Wildwood Water Utility shall be charged those rates set forth in the Rate Tariff attached hereto. [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:
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.
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.
[Amended 11-13-2019 by Ord. No. 1153-19; 3-11-2020 by Ord. No. 1164-20; 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22. Prior ordinances include Ordinance Nos. 537, 607, and 898.]
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
For the purpose 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.
Shall mean the residue from the burning of wood, coal, coke,
or other combustible materials.
Items as defined in Subsection 10-3.11 set forth herein.
Either private collector or public collector as herein defined.
Putrescible animal, fish, fowl, fruit or vegetable waste
incident to and resulting from the use, preparation, cooking and consumption
of food.
The owner, agent, tenant, lessee, caretaker or any other
person in charge of any premises in the City of Wildwood.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any person engaged in the business of privately collection
garbage, refuse and ashes, as defined in this section, within the
City of Wildwood.
The Department of Public Works of the City of Wildwood or
the contracted service provider.
Container constructed of plastic or metal with a lid designed
to handle refuse that is leak proof.
Refuse any human or pet waste, litter, trash, garbage, rubbish,
debris, contaminant, pollutant, waste liquid, or other discarded materials.
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.
The Superintendent of the Department of Public Works of the
City of Wildwood.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
The Superintendent shall have the responsibility to coordinate
the collections and conveyance of City refuse and authority to make
regulations concerning the days of collection by the public collector,
type and location of receptacles and such other matters pertaining
to the collection, conveyance and disposal as he shall find necessary.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
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 as defined in Subsection 10-3.7 for garbage and trash, and shall be placed curbside at the location most convenient for collections.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
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.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
Receptacles shall not be placed curbside for collection except
after 9:00 p.m. prior to the day scheduled for the collection of refuse
and not later than 6:00 a.m. on the day of collection, and shall not
be left out later than 6:00 p.m. on the day of collection.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
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.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
a.
Residential Properties.
1.
The receptacles placed curbside for collection shall be kept clean
and clearly marked with the address.
2.
No person shall sprinkle or place any hazardous substance upon any
refuse.
3.
No plastic bags shall be placed curbside.
4.
Use of plastic bags as a receptacle is prohibited.
5.
Each residential or multiple dwelling unit shall be limited to the
following per collection:
6.
Multiple dwelling units are responsible to supplement additional refuse disposal that exceeds the allotted City responsibility for refuse pick-up as set forth Subsection 10-3.7a5(a) and (b) at their own expense.
b.
Commercial/Industrial Properties.
1.
The receptacles placed curbside for collection shall be kept clean
and clearly marked with the address.
2.
No person shall sprinkle or place any hazardous substances upon any
refuse.
3.
No plastic bags shall be place curbside.
4.
Use of plastic bags as a receptacle is prohibited.
5.
Commercial or industrial premises shall be limited to the following
per collection:
(a)
Three ninety-six-gallon receptacles with recessed upper lift
pocket and steel lower lift bar for fully automated and semi-automated
collection systems; or
(b)
One two yard dumpster; or
(c)
Until May 1, 2023, eight thirty-two-gallon trash cans. After
the aforementioned date, the City will no longer collect thirty-two-gallon
trash can(s) left for collection.
6.
Commercial or industrial premises are responsible to supplement additional refuse disposal that exceeds the allotted City responsibility for refuse pick-up as set forth Subsection 10-3.7b5(a) and (b) at their own expense.
c.
Hotel and Motels.
1.
The receptacles placed curbside for collection shall be kept clean
and clearly marked with the address.
2.
No person shall sprinkle or place any hazardous substances upon any
refuse.
3.
No plastic bags shall be place curbside.
4.
Use of plastic bags as a receptacle is prohibited.
6.
Hotels and Motels are encouraged to use dumpsters when space permits.
7.
Hotels and Motels are responsible to supplement additional refuse disposal that exceeds the allotted city responsibility for refuse pick-up as set forth Subsection 10-3.7b5(a) and (b) at their own expense.
d.
Mixed-Use Properties.
1.
The receptacles placed curbside for collection shall be kept clean
and clearly marked with the address.
2.
No person shall sprinkle or place any hazardous substances upon any
refuse.
3.
No plastic bags shall be place curbside.
4.
Use of plastic bags as a receptacle is prohibited.
5.
Mixed-use properties shall be limited to those collection restrictions set forth in paragraphs a5, b5 and c5 set forth in this subsection based on the property's use permitted use. Mixed-use properties are responsible to supplement additional refuse disposal that exceeds the allotted City responsibility for refuse pick-up as set forth Subsection 10-3.7b5(a) and (b) at their own expense.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
a.
No person shall place any refuse in any street, alley, under boardwalk
and ramp access point, or other public place, or upon any private
property, whether owned by such person or not, within the City of
Wildwood.
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 nuisance, a health and public safety violation
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 is may be carried
or deposited by the elements upon any street, sidewalk, alley, sewer,
parkway or other public place, or unto any occupied premises within
the city.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
Any vehicles used for the collection and removal or refuse shall
have a fully enclosed watertight body which shall be 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.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
a.
Neither the collector nor his employees shall pick or sort paper,
refuse, 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 collections in a quiet, decent, careful
a diligent manner.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22]
a.
The public collector shall collect refuse from all properties in
the City of Wildwood on days and at the times established by the Superintendent,
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 (excluding Sundays) during the months of June, July, August
and September, starting on the third Monday in May and ending on the
first Saturday in October. During the months of January, February,
March, April, May, October, November and December, collections shall
occur once per week, Monday through Friday. All other collections
necessary to comply with this section shall be the responsibility
of the property owner or occupant through arrangements with private
collectors.
b.
The City shall provide for one free, bulk item pick-up per month,
as set forth in paragraph c below, for each property which shall occur
on the last collection day of each month. All cloth, upholstered furniture
or carpeting bulk items must be wrapped in plastic prior to be placed
to the curb for pick-up.
c.
Other than the free bulk pick-up as defined in paragraph b, bulky
items shall be placed at the curb for removal by the public collector,
only after prior arrangement for such removal has been made with the
Superintendent 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 Superintendent as set forth below. The responsibility
for removal of bulky items at any times other than as provided in
this section shall be that of the property owner or occupant.
|
Bulk Trash Fee Schedule
| |
|---|---|
|
Air conditioner
|
$25.00
|
|
Bicycle
|
No charge
|
|
Buffet
|
$20.00
|
|
Chair - Unupholstered
|
$20.00
|
|
Chest
|
$20.00
|
|
Coffee table
|
$20.00
|
|
Desk
|
$20.00
|
|
Dishwasher
|
$25.00
|
|
Dresser
|
$20.00
|
|
Dryer
|
$40.00
|
|
Electronics
|
$20.00
|
|
Fan
|
$20.00
|
|
Frames
|
$20.00
|
|
Freezer
|
$40.00
|
|
Furniture, miscellaneous
|
$20.00
|
|
Grill/barbecue
|
$20.00
|
|
Heater
|
$25.00
|
|
Ladder
|
$20.00
|
|
Lamp
|
$20.00
|
|
Push Lawn mower
|
$20.00
|
|
Refrigerator
|
$40.00
|
|
Sewing machine
|
$20.00
|
|
Stove/oven
|
$40.00
|
|
Table
|
$20.00
|
|
Vacuum cleaner
|
$20.00
|
|
Washer
|
$40.00
|
|
Items Which Must Be Wrapped in Plastic and Sealed
| |
|---|---|
|
Area carpet
|
$20.00
|
|
Box springs
|
$20.00
|
|
Carpet, per room
|
$40.00
|
|
Chair, upholstered
|
$20.00
|
|
Cot
|
$40.00
|
|
Couch
|
$40.00
|
|
Futon
|
$20.00
|
|
Mattress
|
$20.00
|
|
Rug padding, per room
|
$20.00
|
|
Sofa bed
|
$40.00
|
d.
Additional
provisions. The Board of Commissioners may amend the terms and provisions
(fees) of this subsection by resolution.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22
No refuse shall be disposed of within the City of Wildwood.
[Amended 3-10-2021 by Ord. No. 1194-21; 7-27-2022 by Ord. No. 1236-22
Violations and penalties under this section shall be in accordance
with N.J.S.A. 40:49-1 et seq. Any repetition of any violation of this
section shall be deemed a new 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:
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 $6.00 for each 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 $126.00.
[Amended 4-10-2018 by Ord. No. 1106-18; amended 3-10-2021 by Ord. No. 1191-21]
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.
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:
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:
Shall mean the Federal Clean Water Act, as amended.
Shall mean the quantity of oxygen used in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20 degrees centigrade, expressed in milligrams per liter.
Shall mean the extension from a building wastewater plumbing
facility to the public wastewater facility.
Shall mean Cape May County Municipal Utilities Authority.
Shall mean a sewer intended to receive both wastewater and
storm or surface water.
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.
Shall mean the 24 hour period beginning at 12:01 a.m.
Shall mean United States Environmental Protection Agency.
Shall mean those costs which are over and above normal operating
and maintenance costs incurred as a result of actions of a person
or persons.
Shall mean the solid animal and vegetable wastes resulting
from the domestic or commercial handling, storage, dispensing, preparation,
cooking and serving of foods.
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.
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.
Is permissible, "shall" is mandatory.
Shall mean any outlet into a watercourse, pond, ditch, lake,
or any other body of surface or groundwater.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean National Pollutant Discharge Elimination System
permit program, whether administered by the EPA or by the State of
New Jersey.
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.
Shall mean any individual, firm, company, association, society,
partnership, corporation, municipality or other similar organization,
agency or group.
Shall mean the logarithm of the reciprocal of the hydrogen
ion concentration expressed in grams per liter of solution as determined
by standard methods.
Shall mean the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to discharge to the wastewater facilities.
Shall mean garbage that has been shredded to such a degree
that all particles will be carried freely under flow conditions normally
prevailing in the wastewater sewers, with no particle greater than
one-half inch in any dimension.
Shall mean premises used only for human residency and which
is connected to the wastewater facilities.
Shall mean wastewater discharged from the sanitary conveniences
of dwellings, office buildings, industrial plants or institutions.
Is mandatory, "may" is permissible.
Shall mean the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, Water Pollution Control Federation and American
Water Works Association.
Shall mean State of New Jersey.
Shall mean a sewer for conveying storm, surface and other
waters, which is not intended to be transported to a treatment facility.
Shall mean water which occurs when the rate of precipitation
exceeds the rate at which water may infiltrate into the soil.
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.
Shall mean any of the pollutants designated by Federal Regulations
pursuant to section 307 (a) (1) of the Act.
Shall mean a combination of liquid and water-carried wastes
from residences, commercial buildings, industries and institutions,
together with any groundwater, surface water or storm water or other
infiltration that may be present.
Shall mean the combination of the wastewater sewers, pumping
stations, appurtenances and treatment facilities.
Shall mean the structures, processes, equipment and arrangements
necessary to collect and transport wastewaters to the treatment facility.
Shall mean the structures, processes, equipment and arrangements
necessary to treat and discharge wastewater.
Shall mean the Water Pollution Control Federation.
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Article II. General Provisions
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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.
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Example:
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1.
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Quarterly Consumption Usage
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125,000 gallons
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2.
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Customer Consumption Average
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-6,000 gallons
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Difference
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119,000 gallons
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3.
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119,000 consumption overage multiplied by the rate multiplied
by 65 percent equals the adjustment amount.
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4.
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All adjustments will be rounded to the next higher 1,000 gallons.
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The board of commissioners may impose additional standards to
the applied or modify the provisions herein, from time to time, by
resolution.
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[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.
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Article III. Use of Wastewater Facilities
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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.
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Article IV. Private Wastewater Disposal
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No private wastewater disposal system shall be permitted in
the geographic areas of the city which have wastewater sewers provided.
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Article V. Building Sewers and Connections
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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.
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Article VI. Conditions on Use of the Wastewater Sewers
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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:
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.
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Article VII. Industrial Discharge/Pretreatment Standards
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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.
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Editor's Note: Rate Schedules Nos. 1 — 5 are included as attachments to this chapter.
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