Borough of Midland Park, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #319; 1973 Code § 116-1]
The rates and charges fixed by the Village of Ridgewood pursuant to Ordinance No. 1136 for a three (3) month basis in manner following is hereby ratified and confirmed.[1]
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 13, Water and Sewer."
[Ord. #319; 1973 Code § 116-2]
Nothing herein contained shall be construed as limiting the power of the governing body of the Borough from exercising any powers in the future which by law it may have to lower or increase water rates.
[Ord. #422; 1973 Code § 116-3; Ord. #33-89, § 1]
The purpose of this section is to limit, restrict and regulate the use of water by customers of the Department of Water Supply of the Village of Ridgewood, during periods of emergency, as hereinafter defined, in order to insure public health and safety.
[Ord. #422; 1973 Code § 116-4; Ord. #33-89, § 1]
As used in this section:
EMERGENCY
Shall mean any period of water shortage or imminent water shortage caused by drought; lack or failure or proper pumping equipment, storage, or other facilities; acts of God or public enemies; or excessive demand upon or use of water facilities or capacity.
IRRIGATION
Shall mean the watering or sprinkling (including underground sprinkling) of lawns, shrubs and gardens.
WATER
Shall mean that water obtained, delivered, and/or supplied to any persons by the Department of Water Supply of the Village of Ridgewood.
[Ord. #422; 1973 Code § 116-5; Ord. #33-89, § 1]
The Village Manager of the Village of Ridgewood is authorized to enforce the provisions of this section and, in his discretion, to determine and declare the existence and extent of an emergency with respect to the water supply of the Village of Ridgewood. The determination of the Village Manager shall apply to the Borough of Midland Park and notification of the emergency shall be promulgated to the Borough of Midland Park. Interim emergency regulations may be adopted without notice by the Village Manager of the Village of Ridgewood and shall apply to the Borough of Midland Park upon the filing of a copy of those regulations with the Borough Clerk provided that such interim emergency regulations are filed together with a written report from the Village Manager setting forth the specific facts and conditions giving rise to the emergency and provided further that public notice of the adoption of such interim emergency regulations is given by the Village Manager by publication as provided in subsection 13-2.4 below. Any interim emergency regulations shall be effective only for so long as the emergency remains in effect.
[Ord. #422, 1973 Code § 116-6; Ord. #33-89, § 1]
Public notice of the declaration of an emergency and the determinations made by the Village Manager of the Village of Ridgewood shall be made in the most expeditious manner by publication in the legal newspaper for the Village of Ridgewood and for the Borough of Midland Park and by posting in the Borough Clerk's office and such other public places as shall be designated by the Village Manager and the Borough Administrator or Borough Clerk. Notice shall also be disseminated to the press and the public in general. The emergency shall remain in effect until declared at an end by the Village Manager of the Village of Ridgewood or, as to the Borough of Midland Park, by resolution of the Mayor and Council of the Borough of Midland Park.
[Ord. #422; 1973 Code § 116-7; Ord. #33-89 § 1; Ord. #08-13]
a. 
The following water emergency regulations are hereby adopted to be effective as set forth herein:
Stage
Drought/Emergency Condition Precautionary
User Restrictions
I
Moderate
Mandatory restriction of irrigation to Tuesdays, Thursdays, and Saturdays for properties with odd-numbered addresses and Wednesdays, Fridays, and Sundays for properties with even-numbered addresses. Irrigation using a hand-held hose shall be allowed at any time. No irrigation shall be allowed on Mondays except for the use of a hand-held hose.
II
Severe
Mandatory restriction of irrigation to Tuesdays and Saturdays for properties with odd-numbered addresses and Wednesdays and Sundays for properties with even-numbered addresses. No irrigation shall be allowed on Mondays, Thursdays or Fridays except for the use of a hand-held hose. Irrigation using a hand-held hose shall be allowed at any time.
III
Pending/Critical
Mandatory restriction of irrigation to the use of a hand-held hose on Tuesdays and Saturdays for properties with odd-numbered addresses and Wednesdays and Sundays for properties with even-numbered addresses. No irrigation of any kind shall be allowed on Mondays, Thursdays or Fridays.
IV
Critical
Irrigation is prohibited at any time. Exceptions for irrigation using a hand-held hose may be allowed under conditions prescribed by the Village Manager of the Village of Ridgewood.
b. 
Stage I emergency regulations shall be effective each year beginning June 1 and continuing through September 15. Stage II and Stage III emergency regulations shall become effective upon declaration of each stage by the Village Manager of the Village of Ridgewood. Exceptions to the user restriction, such as for irrigation of new lawns or shrubs, for cleaning cars or houses, filling swimming pools or other such outdoor water usage, shall be determined by the Village Manager of the Village of Ridgewood in accordance with standards consistently applied throughout the municipalities served by the Department of Water Supply of the Village of Ridgewood. Private wells shall be exempt from these regulations as provided the well is first registered with the Board of Health of the Borough of Midland Park.
c. 
Penalty. Unless another penalty is expressly provided by New Jersey Statute, every person convicted of violation of a provision of this chapter or any supplement thereto shall be liable to a penalty of not more than one hundred ($100.00) dollars or imprisonment for a term not exceeding fifteen (15) days or both.
[Ord. #422; 1973 Code § 116-8; Ord. #33-89, § 1; New]
It shall be unlawful and a violation of this section for any person to use any water purveyed by the Water Utility of the Village of Ridgewood except in compliance with the rules and regulations governing same and promulgated in accordance herewith. Violators shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. #469; 1973 Code § 92-1; Ord. #4-93, § 1]
As used in this article:
AUTHORITY
Shall mean the Northwest Bergen County Sewer Authority which is the district sewer system into which the municipal sewer system shall connect.
BOARD OF HEALTH
Shall mean the Board of Health of the Borough.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20°C.) degrees Centigrade expressed in milligrams per liter.
GARBAGE
Shall mean solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
HOUSE CONNECTION
Shall mean that part of the sewer lateral beginning five (5') feet outside the inner face or the building wall which receives the discharge from the house drain and conveys it to the house sewer lateral.
HOUSE CONNECTION MAP
Shall mean the plans showing points of connection for the house connection laterals.
HOUSE DRAIN
Shall mean the lowest horizontal piping of a drainage system within a building which receives the discharge from soil and waste pipes and conveys it to the house connection, and shall include those drains leading from dwellings, business establishments and industrial buildings.
HOUSE SEWER LATERAL
Shall mean that part of the sewer lateral that extends from the main sewer to the curb to provide a connection point for the house connection, all as shown on the house connection maps.
INDUSTRIAL WASTE
Shall mean the liquid waste from industrial processes as distinct from sanitary sewage.
INTERCEPTOR
Shall mean a device designed and installed so as to separate and retain harmless, hazardous or undesirable matter from normal wastes, while permitting normal sewage or liquid wastes to discharge into the drainage system by gravity.
MAIN SEWER or PUBLIC SEWER
Shall mean the sewer laid longitudinally along the center lines or other part of the street or other right-of-way in which all owners of abutting properties have equal rights and which is controlled by the Borough.
MUNICIPAL SEWER SYSTEM
Shall mean the Borough sewer system and all appurtenances thereto.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
pH
Shall mean the logarithm to the base ten (10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING
Shall mean the practice of installing, maintaining, extending, repairing and altering plumbing systems. It is also the installed plumbing system piping, materials, plumbing fixtures and appurtenances of such systems in connection with the following: Sanitary drainage or storm drainage facilities together with their venting systems; a public or private water supply system and fire protection systems within or adjacent to any building, structure or conveyance.
PLUMBING INSPECTOR
Shall mean a person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.R.S. 26:1A-38 to 44 and N.J.R.S. 26:3-20 and in the employment of the Board of Health of the Borough.
PLUMBING SYSTEM
Shall mean the sanitary and storm drainage facilities together with their venting systems and plumbing fixtures, a public or private water supply and the fire protection systems within or adjacent to any building, structure or conveyance to a point of connection to a public or private sewage system, public or private water supply or other acceptable terminal.
PROPERLY SHREDDED GARBAGE
Shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2") inch [one and twenty-seven hundredths (1.27) centimeters] in any dimension.
PUBLIC SEWER
Shall mean the same as "main sewer."
SANITARY SEWAGE
Shall mean sewage, including properly shredded garbage, discharging from the sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories or institutions, and free from storm and surface water.
SANITARY SEWER
Shall mean a sewer which carries sewage, and to which storm, surface and ground water are not admitted.
SEWAGE
Shall mean any liquid waste containing animal, chemical or vegetable matter in suspension or solution.
SEWAGE TREATMENT PLANT
Shall mean any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
Shall mean all facilities for collecting, pumping and disposing of sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
SEWER ENGINEER
Shall mean the person or firm or duly licensed engineers retained or appointed by the Borough in connection with the construction, installation and maintenance of the municipal sewer system and, if no one has been appointed or such services have been completed, the term shall mean the Borough Engineer.
SLUG
Shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.
STORM SEWER or STORM DRAIN
Shall mean a pipe or conduit which carries storm or surface water and drainage, but excludes sewage and polluted industrial waste.
SUSPENDED SOLIDS
Shall mean solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
UNPOLLUTED WATER OR WASTE
Shall mean any water or waste containing no free or emulsified grease or oil; acid or alkali; phenol or other substances imparting taste and odor in receiving waters; toxic and poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than ten thousand (10,000) parts per million by weight of dissolved solids, of which no more than two thousand five hundred (2,500) parts per million shall be as chloride, with permissible volume subject to review by the Authority, and not more than ten (10) parts per million each of suspended solids and BOD. The color shall not exceed fifty (50) parts per million.
WATERCOURSE
Shall mean a channel in which a flow of water occurs, either continuously or intermittently.
[Ord. #469; 1973 Code § 92-2]
A separate and independent house sewer lateral shall be provided for each building under one (1) roof and occupied as one (1) business or residence; or a combination of buildings owned by one (1) party in one (1) common enclosure, occupied by one (1) family or business; or the one (1) side of a double house having a solid vertical partition wall making it capable of divided ownership. A building owned by one (1) party containing more than one (1) store, apartment or office may be supplied by one (1) or more house sewer laterals at the discretion of the Sewer Engineer, except that where one (1) building stands at the rear of another on an interior lot and no separate house connection is available or can be constructed to the rear building through an adjoining alley, court or driveway, the house service connection from the front building may be extended to the rear building and the whole constructed as one (1) building sewer.
[Ord. #469; 1973 Code § 92-3]
The owners of all property upon which there is erected a house, building or other structure used for human occupancy, employment, recreation or other purpose, situated within the Borough and abutting on any street or right-of-way, or located in the rear of other properties so abutting and having access to such street or right-of-way in which street or right-of-way there is now located or may in the future be located a public or sanitary sewage system of the Borough, is hereby required at his own expense:
a. 
To install suitable toilet facilities therein.
b. 
To connect such facilities and all sanitary sewage facilities in such house, building or structure, directly with the proper public sewer in accordance with the provisions of this section and of the requirements of the Board of Health of the Borough.
[Ord. #469; 1973 Code § 92-4]
Such toilet facilities shall be installed and connection shall be made with the public sewer within one hundred eighty (180) days after the date of official notice requiring such action.
[Ord. #469; 1973 Code § 92-5]
As public sewers become available to property presently being served by a private sewage disposal system, a direct connection shall be made to the public sewer pursuant to the terms of this article, and any septic tanks, cesspools and/or similar private sewage disposal systems shall be abandoned and securely covered or filled with suitable material if required by the Board of Health to protect the health and welfare of the community.
[Ord. #469; 1973 Code § 92-6; Ord. #840, § 1; Ord. #853, §§ 1—3]
a. 
All costs and expenses incident to the installation and connection of the house connection shall be borne by the owner. The owner shall indemnify the Borough from any loss or damage that may directly or indirectly be occasioned by the installation of the house connection.
b. 
In addition to the foregoing, the owner shall pay to the Borough a connection fee in an amount determined by the Borough Administrator in accordance with the formula set forth below. The fee shall be paid at the time of application.
1. 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and interest thereon, paid by the Borough to defray the capital cost of developing the system as of the end of the immediately preceding fiscal year of the Borough shall be added to all capital expenditures made by the Borough not funded on a bond ordinance or debt for the development of the system as of the end of the immediately preceding fiscal year of the Borough.
2. 
Any gifts, contributions or subsidies to the Borough received from, and not reimbursed or reimbursable to any Federal, State, County or municipal government or agency or any private person, and that portion of amounts paid to the Borough by a public entity under a service agreement or service contract which is not repaid to the public entity by the Borough, shall be subtracted from the sum described in subparagraph 1 above.
3. 
The remainder shall be divided by the total number of house connection served by the Borough at the end of the immediately preceding fiscal year of the Borough. The results of that calculation shall then be apportioned to each new connector according to the number of service units or portions thereof attributed to that connector, to produce the connector's contribution to the cost of the system. The number of connections served by the Borough as of December 31, 1987 is hereby found to be two thousand three hundred nineteen (2,319). The number of service units attributable to each connector shall be determined by dividing the estimated average daily flow of sewage for the connector as measured by the estimated discharge of water by the connector into the Midland Park sewer system as determined by the Borough Engineer by the average daily flow of the average single family residence in the Borough to produce the number of service units to be attributed. A connector may propose, in writing, an alternate method to determine the estimated discharge of water by the connector into the Midland Park sewer system by delivering eleven (11) copies of connector's proposed methodology to the Borough Clerk. The Clerk will distribute one (1) copy to each member of the Mayor and Council, and one (1) copy to the Borough Administrator, Borough Engineer and Attorney. After review and report by the Administrator, Engineer and Attorney, the Mayor and Council may, by resolution after public hearing in the manner set forth below, permit the connection fee charged pursuant to this subsection to be computed according to the methodology proposed by the connector if the Mayor and Council find that the methodology proposed will result in a more accurate estimate of sewage flow for that connector than that method provided in this subsection. The average daily flow of sewage for the average single family residence in Midland Park shall be determined by resolution of the Mayor and Council after public hearing thereon held at least twenty (20) days after notice of the proposed determination and of the time and place of the public hearing is published in at least two (2) newspapers of general circulation in the Borough. Until modified by resolution in accord with this chapter, the average daily flow of sewage for the average single family residence in Midland Park shall be one hundred twenty seven thousand seven hundred fifty (127,750) gallons.
c. 
At the end of the fiscal year 1988, and each fiscal year thereafter, the connection fee shall be recomputed after a public hearing is held in the manner prescribed in paragraph d. The revised connection fee shall be imposed upon those who subsequently connect in the following fiscal year to the municipal sewer system.
d. 
For the fiscal year 1988 the connection fee apportioned to one (1) service unit shall be two thousand three hundred ninety four dollars and forty-four ($2,394.44) cents. At the end of fiscal year 1988, and at the end of each fiscal year thereafter, the connection fee shall be prescribed and from time to time revised by the Borough after public hearing thereon which shall be held by the Borough at least twenty (20) days after notice of the proposed adjustment and of the time and place of public hearing is published in at least two (2) newspapers of general circulation in the Borough. The Borough shall provide evidence at the hearing showing that the proposed adjustment of the connection fee is necessary and reasonable, and shall provide the opportunity for cross-examination of persons offering such evidence, and a transcript of the hearing shall be made and a copy thereof shall be available upon request to any interested party at a reasonable fee. A copy of such schedule of connection fees in effect shall at all times be kept on file in the Borough Clerk's office and shall at all reasonable times be open to public inspection.
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 13, Water and Sewer."
[Ord. #469; 1973 Code § 92-7]
If after the expiration of said one hundred eighty (180) days from the date of official notification the owner of any property affected by the provisions of this article has failed to install such toilet facilities and to make such sewer connection as required by Section 13-4 hereof after receiving official notice requiring such action, as hereinbefore provided, the Borough may cause such installation or connection to be made under the direction and supervision of the Board of Health or such other official or department of the Borough as may hereafter be designated by the Mayor and Council of the Borough.
[Ord. #469; 1973 Code § 92-8]
Before proceeding to make any such installation or connection, the Board of Health, or such other official or department of the Borough as may hereafter be designated by the Borough, shall cause notice of such contemplated installation or connection to be given to the owner of any properties affected thereby. The notice shall contain a description of the property affected, sufficiently definite in term to identify it, as well as a description of the required installation or connection and notice that unless the installation or connection shall be completed within thirty (30) days after the service thereof, the Borough will proceed to make such installation or connection or cause the same to be done, pursuant to the authority of subsection 13-5.1 hereof. The notice shall be served in accordance with N.J.S.A. 40:63-56, 40:63-57 and 40:63-58.
[Ord. #469; 1973 Code § 92-9]
When any such toilet installation or sewer connection shall be made by the Borough, a true and accurate account of the cost and expense shall be kept and apportioned to the property or the properties thereby connected with the sewers, and a true statement of such costs under oath shall be forthwith filed by the Board of Health, or such other official or department of the Borough as may here-after be designated by the Borough, with the Borough Clerk. The Borough shall examine the same, and if properly made, shall confirm it and file such statement with the Tax Collector of the Borough who shall record the installation of the sewer connection in the same book in which he records sidewalks or other assessments.
[Ord. #469; 1973 Code § 92-10]
Every such installation or sewer connection charge shall bear interest and penalties from the same time and at the same rate as assessments for local improvements in the Borough and from the time of confirmation shall be a first and paramount lien against the respective property or properties so connected with the sewer to the same extent as assessments for local improvements, and shall be collected and enforced in the same manner.
[Ord. #469; 1973 Code § 92-11]
No such charge for toilet installations or sewer connections shall be invalid by reason of any error or omission in stating the name of the owner or owners of properties affected by such toilet installations or sewer connections, nor for any other informality, where such property or real estate has actually been improved by such toilet installation or sewer connection.
[Ord. #469; 1973 Code § 92-12]
After approval of a section or sections of the main sewer and house sewer laterals, the Sewer Engineer or Borough Engineer shall file a complete set of house connection maps with the Board of Health of the Borough and with the Borough Clerk.
[Ord. #469; 1973 Code § 92-13]
Before any portion of the house drain outside of the house is connected to the house connection, the owner shall prove to the satisfaction of the Plumbing Inspector that it is clean and conforms in every respect to the ordinances of the Board of Health, and before any portion of the house connection is connected to the house sewer lateral, the Plumbing Inspector shall be satisfied that the house connection is in good order and conforms in every respect to the requirements for construction thereof.
[Ord. #469; 1973 Code § 92-14]
Whenever possible, the house connection shall be brought to the building at an elevation below the basement floor. In all buildings in which any house drain is too low to permit gravity flow to the municipal and/or Authority sewage works, sanitary sewage carried by such house drain shall be lifted by an approved means and discharged to the house connection.
[Ord. #469; 1973 Code § 92-15]
a. 
When installing the house connection, the trenching shall be dug in a careful manner and properly sheathed where required. The excavated materials shall be piled in a compact heap, so placed as to cause the least possible inconvenience to the public. Proper barricades and lights must be maintained around the trench to guard against accidents. Extreme care shall be taken to prevent any dirt, stones or other undesirable material from entering the public sewer through the house sewer lateral during these operations.
b. 
In backfilling, the material for the two (2') feet immediately over the pipe, shall be selected so it contains no stones. All backfill material for the trench shall be placed by tamping in eight (8") inch layers so as to avoid any settlement. When the trench has been filled to the proper height, the surface material shall be replaced and heavily tamped and rolled.
c. 
Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six (6") inches below the grade line of the sewer and the trench brought to the proper elevation with gravel or other material satisfactory to the Construction Official. The remainder of the trench must be backfilled with suitable material.
d. 
Nothing in this subsection shall be construed as abrogating any of the existing requirements of the Borough relating to the excavation and backfilling of trenches but the requirements herein contained shall be in addition thereto.
e. 
Where subsoil conditions are bad, such special precaution must be taken to secure a watertight job as may be directed by the Construction Official.
[Ord. #469; 1973 Code § 92-16]
Where connection is made between the house connection outside of the building and the house sewer lateral, a long radius bend shall be appropriately installed at this connection along with a cleanout as required by the Construction Official. This connection shall be subject to the approval of the Plumbing Inspector who shall be given ample notice prior to such work.
[Ord. #469; 1973 Code § 92-17]
The Construction Official may apply any appropriate test to the pipes, and the plumber and contractor, at his own expense, shall furnish all necessary tools, labor, materials and assistants for such tests and shall remove or repair any defective materials when so ordered by the Inspector.
[Ord. #469; 1973 Code § 92-18]
Each contractor or other person performing work on private property for the purpose of connection from the house sewer lateral to the house drain shall be governed by the terms of the ordinances of the Board of Health.
[Ord. #469; 1973 Code § 92-19]
No person shall uncover, make any connection or disturb any public sewer or house sewer lateral and the appurtenances thereof. The sewer contractor retained by the Borough, or such other official or department of the Borough as may hereafter be designated by the Mayor and Council of the Borough shall make all connections, alterations and repairs upon the public sewers and shall alter, maintain and repair the house sewer laterals and appurtenances thereof.
[Ord. #469; 1973 Code § 92-20; Ord. #827, § 1]
a. 
Maintenance of the public sewer shall be performed by the Borough. All maintenance and all work performed on connections to the public sewer and on house sewer laterals shall be at the cost and responsibility of the property owner serviced by the house sewer lateral.
b. 
Permits.
1. 
No person shall perform any maintenance work on any connection to the public sewer or on any house sewer lateral nor shall make any such connection without first securing a permit from the Borough Clerk provided, however, that such maintenance work may proceed without a permit when emergency circumstances demand the maintenance to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. In such event, the person shall thereafter apply for a permit on the first regular business day on which the Office of the Borough Clerk is open for business, which permit shall be retroactive to the date when the work was begun.
2. 
Any person desiring a permit to make a sewer connection or for sewer maintenance shall make application therefore to the Borough Clerk, upon forms provided for that purpose. The application shall show the following information:
(a) 
The name, address and telephone number of the applicant;
(b) 
The name, address, telephone number of the owner of the property in front of which or for whom the work is to be performed;'
(c) 
The location of the property;
(d) 
A description of the extent and nature of the work to be performed in sufficient detail to allow the Borough Engineer to determine the scope of the work to be performed;
(e) 
The date or dates when the work is to be done;
(f) 
A signed statement by the applicant that he agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit and this section;
(g) 
A signed statement by the applicant that the Borough is to be held harmless and indemnified by the applicant for any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of the applicant, his servants or agents, in connection with any of the work done under or in connection with such permit;
(h) 
A deposit in the form and the amount required by this section after notification of the amount required pursuant to subparagraph 3 below; and
(i) 
Payment of sewer connection fees as required under subsection 13-4.5.
(j) 
A nonrefundable application fee which shall be set by a general fee ordinance of the Borough. In the absence of such an ordinance, the nonrefundable fee for each sewer maintenance permit shall be established.[1]
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 13, Water and Sewer."
3. 
Upon receipt of an application, the Borough Clerk will refer the application to the Borough Engineer for review. The Borough Engineer shall review the application and advise the Borough Clerk of such terms and conditions as are necessary to protect the condition and integrity of the public sewer. The Borough Engineer shall also advise the Borough Clerk of the amount of the deposit necessary to cover the work described and probable inspection costs which may be incurred. Upon receipt of the conditions described by the Borough Engineer, the Borough Clerk shall issue such a permit conditioned upon the applicant's agreement to comply with the terms and conditions established by the Borough Engineer, including but not limited to the posting of the deposit referred to above.
4. 
The permittee shall not begin or carry on any part of the work described in the permit, except in the event of an emergency, without first notifying the Borough Clerk not less than twenty-four (24) hours in advance and obtaining the Borough Clerk's approval therefor.
5. 
Permits are not transferable from one person to another and the work shall not be performed in any place other than the location specifically designated in the permit. Every permit shall specify the period of time within which the work must be commenced and completed and shall expire at the end of such period, which shall not exceed seven (7) days. If the permittee can demonstrate to the satisfaction of the Borough Engineer that it is unable to complete the work within the specified time, the Borough Engineer may recommend to the Borough Clerk and the Borough Clerk may grant such extensions of time, for periods not to exceed seven (7) days, as may be necessary for the completion of the work, provided the extension is not contrary to the public interest.
6. 
Any permit may be revoked by the Borough Clerk and/or the Mayor and Council after notice to the permittee for violation of any conditions of the permit, the Code of the Borough of Midland Park, any other law which may affect the work, or the existence of a condition or the doing of any act constituting or creating a nuisance or endangering the lives and properties of others. A written notice of any violation shall be served upon the permittee. The notice shall contain a brief statement of the grounds replied upon for revoking the permit and may be given either by personal delivery or by certified United States mail addressed to the person to be notified. Nothing in this subsection shall be interpreted to prohibit or restrict the power of the Borough to issue summonses for violations of the Code of the Borough of Midland Park or any other law.
c. 
Inoperable or blocked portions of a sewer system are hereby declared to be a nuisance. If it appears that maintenance or work needs to be performed on that portion of the sewer system where this Code provides that maintenance shall be performed by the property owner, and, if after the expiration of ten (10) days from the date of official notification, the owner of any property responsible for maintenance of a sewer lateral has failed to perform or cause to be performed that maintenance work as provided above, the Borough may cause such maintenance work to be made by the Borough.
d. 
Before proceeding with such maintenance work, the appropriate official or department of the Borough as may hereafter be designated by the Borough shall cause notice of the contemplated maintenance to be given to the owner of any properties affected thereby. The notice shall contain a description of the property affected, sufficiently definite and term to identify, as well as a description of the facts and circumstances giving rise to the need for maintenance on the sewer and notice that unless the maintenance shall be completed within ten (10) days after service of the notice, the Borough will proceed to cause such maintenance to be performed pursuant to the authority of this section. The notice shall be served in accordance with N.J.S.A. 40:63-56, 40:63-57 and 40:63-58 as may be amended or supplemented.
e. 
When any such maintenance shall be made by or on behalf of the Borough, a true and accurate account of the cost and expense shall be kept and apportioned to the property or properties thereby connected to such house sewer lateral, and a true statement of such costs under oath shall be forthwith filed by the appropriate official or department of the Borough as may be hereafter determined, with the Borough Clerk. The Mayor and Council shall examine the same, and if properly made, shall confirm it and file such statement with the Tax Collector of the Borough who shall record the provision of maintenance service and expenses connected there-with in the same book in which the Collector records sidewalks and other similar assessments.
f. 
Every such assessment for sewer maintenance shall bear interest and penalties from the same time and at the same rate as assessments for local improvements in the Borough and from the time of confirmation shall be a first and paramount lien against the respective property or properties so connected with the sewer to the same extent as assessments for local improvements, and shall be collected and enforced in the same manner.
g. 
No charge, lien or assessment for sewer maintenance shall be invalid by reason of any error or omission in stating the name of the owner or owners of properties affected by such maintenance, nor for any other informality, where such maintenance has actually been performed on a sewer lateral.
[Ord. #469; 1973 Code § 92-21; Ord. #827, § 2]
Where there is no house sewer lateral available, the property owner shall, prior to the issuance of the certificate of occupancy, install, at the expense of the property owner, a house sewer lateral from the sewer main to the structure being constructed on the property. Nothing in this subsection shall act to absolve the property owner from any requirement to obtain a license or approval from any other governmental agency which may be required by law.
[Ord. #469; 1973 Code § 92-22]
Each contractor or other person performing work on public property for the purpose of installing house sewer laterals shall post a bond or cash acceptable to the Mayor and Council or such other official or department of the Borough as may hereafter be designated by the Mayor and Council of the Borough. All work shall be adequately guarded with barricades, lights and other measures for protection of the public from hazard. Streets, sidewalks, parkways, curbs and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough. In addition, a permit must be obtained under the provisions of the ordinances governing excavations in the streets or public rights-of-way.
[Ord. #469; 1973 Code § 92-23]
It shall be unlawful for any person, firm or corporation to:
a. 
Place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Borough, or in any area under the jurisdiction of the Borough, any human or animal excrement, garbage, industrial waste, foul liquids or other objectionable waste.[1]
[1]
Editor's Note: See also Chapter 15, Solid Waste Management, subsection 15-1.11.
b. 
Discharge to any natural outlet, gutter, stream, ditch, culvert, catch basin or watercourse in the Borough or in any area under the jurisdiction of the Borough, any sanitary sewage industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
c. 
Uncover any portion of the public sewers, house sewer laterals or drains or the connection branches thereof or to open any manhole except with the written permission of the Mayor and Council of the Borough or some person designated by the Mayor and Council to issue permits.
d. 
Open any public street or place for the purpose of making sewer connection or to make or cause to be made any connection with a house sewer lateral or a public sewer except under a special written permit signed by the Mayor and Council, or such other official or department of the Borough as may hereafter be designated by the Mayor and Council, allowing such specific connection and under the supervision of the Mayor and Council or such other official or department.
e. 
Make or cause or to allow to be made any excavation within four (4') feet of any public sewer or to blast any rock within ten (10') feet thereof, save with the express written permission of the inspector employed by the Mayor and Council and under his supervision and control.
f. 
Break or to cut or remove any pipe of any main or public sewer or to make or cause to be made any connection with such sewer except through the specific branch or branches allotted for the purpose, the allotment of such connection and its location to be designated by the Mayor and Council of the Borough or such other official or department as may hereafter be designated by the Mayor and Council of the Borough.
g. 
Discharge or to cause or permit the discharge into any main or public sanitary sewer directly or indirectly of any clear drainage, swimming pools, air-conditioning units, groundwater, surface water or rainwater from sidewalks, yard areas, courts, roofs or any sump, cistern or tank overflow, uncontaminated cooling water and unpolluted water or waste. The items covered under this subsection shall be discharged into storm sewers or natural outlets approved by the Mayor and Council.
h. 
Discharge or to cause to or permit the discharge into any main or public sewer directly or indirectly of any drainage or overflow from cesspools, manure pits, privies or other receptacles storing or designed to store organic wastes.
i. 
Violate any of the Rules, Regulations and Standards of the Northwest Bergen County Sewer Authority which were annexed as Appendix A to the service contract between the Northwest Bergen County Sewer Authority and the Borough, and as amended and supplemented, a copy of which is hereby adopted and made a part hereof without the inclusion of the text thereof. A copy of the Rules, Regulations and Standards of the Northwest Bergen County Sewer Authority has been placed on file in the office of the Borough Clerk upon the introduction of this article and will remain on file there until final action is taken on this article for the use and examination of the public. Upon adoption of this article, the copy shall remain on file in the office so long as this article is in effect and, in addition, a copy shall be placed on file and remain on file in the office of the Board of Health, so long as this article is in effect, for use and examination by the public.
[Ord. #469; 1973 Code § 92-24]
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sanitary sewers:
a. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
b. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the Authority Sewage Waters.
c. 
Any waters or wastes, acid or alkaline in reaction, having a pH lower than five point five (5.5) or higher than nine point five (9.5) or having any other corrosive properties capable of or causing damage or hazard to structures, equipment and personnel of the sewage works. Free acids and alkalies of such wastes must be neutralized to a pH of between five point five (5.5) and nine point five (9.5) at all times.
d. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
e. 
Any liquid or vapor having a temperature higher than one hundred fifty (150°F.) degrees Fahrenheit [sixty-five (65°C.) degrees Centigrade].
f. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty (32° and 150°F.) degrees Fahrenheit [zero and sixty-five (0° and 65°C.) degrees Centigrade]. (Note: The concentration permitted per day from any establishment may be subsequently limited depending upon either soluble content of the sewage delivered to the Authority sewage treatment works.)
g. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower [seventy-six (0.76) hundredths horsepower metric] or greater shall be subject to the review and approval of the Borough and the Authority.
h. 
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
i. 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Authority for such materials.
j. 
Any waters or wastes containing phenols or other taste- or odor-producing substances, which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair; or in such concentrations exceeding limits which may be established by the Authority as necessary, after treatment of the composite sewage, to meet the requirements of discharge to the receiving waters.
k. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Authority in compliance with applicable State or Federal regulations.
l. 
Materials which exert or cause:
1. 
Unusual concentrations of inert, suspended solids, such as, but not limited to, fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
2. 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
3. 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
4. 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein. Such water or wastes, if otherwise acceptable for admission, shall be retained in a holding tank or tanks of approved capacity and be released at a rate to provide the necessary distribution and dilution to avoid undue burden and shock load on the sewage treatment works.
m. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of discharge to the receiving waters.
[Ord. #469; 1973 Code § 92-25; Ord. #4-93, § 2]
a. 
Interceptors shall be installed in each facility, business, building or commercial establishment generating liquid waste containing grease, oil, flammable waste, sand, solids and other ingredients harmful to the building drainage system, the public sewer or sewage treatment plant or process. Residential premises shall not be required to install interceptors.
b. 
Each interceptor shall be in compliance with the Uniform Construction Code, N.J.A.C. 5:23 et seq. as amended. All permits required by the Uniform Construction Code shall be obtained before the installation of any interceptor.
c. 
Each interceptor shall be installed so that it is readily accessible for inspection pursuant to Section 13-11 of the Code.
d. 
Interceptors shall be maintained in an efficient operating condition by periodic removal, at intervals of no less often than every six (6) months, of accumulated grease, scum, oil or other floating substances and solids deposited in the interceptor. A written record shall be kept of each periodic removal.
e. 
Each interceptor shall have sufficient size and capacity to perform its function in light of the anticipated flow through the interceptor based on the nature and extent of the sources of liquid waste reasonably expected to be placed into the drainage system.
[Ord. #469; 1973 Code § 92-26]
Where installed all grease, oil and sand interceptors shall be maintained by the owner at his expense in continuously, efficient operation at all times.
[Ord. #469; 1973 Code § 92-27]
The admission into the public sewers of any waters or wastes having a five (5) day biochemical oxygen demand greater than three hundred (300) parts per million by weight, or containing more than three hundred fifty (350) parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in subsection 13-8.2, or having an average daily flow greater than two (2%) percent of the average daily sewage flow of the Borough shall be subject to the review and approval of the Construction Official, or having unusual volumes of flow or concentration of waste constituting slugs as defined herein. Where necessary, in the opinion of the Construction Official, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to three hundred (300) parts per million and the suspended solids to three hundred fifty (350) parts per million by weight, or reduce objectionable characteristics or constituents to within the maximum limits provided for in subsection 13-8.2 hereof, control the quantities and rates of discharge of such waters or wastes. Plans and specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Construction Official and of the Department of Health and of the State of New Jersey, and no construction of such facilities shall be commenced until the approvals are obtained in writing.
[Ord. #469; 1973 Code § 92-28]
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
[Ord. #469; 1973 Code § 92-29]
When required by the Construction Official, the owner of any property served by a house connection carrying industrial wastes, shall install a suit-able control manhole in the house connection to facilitate observation, sampling and measurement of the waste. Such manhole when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Construction Official. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
[Ord. #469; 1973 Code § 92-30]
a. 
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in subsections 13-8.2 and 13-8.5 hereof shall be determined in accordance with Standard Methods for the Examination of Water and Waste Water published by the American Public Health Association, Inc., being particularly the 12th Edition, 1965 thereof, a copy of which is hereby adopted, annexed hereto and made a part hereof and incorporated herein as fully as if set forth at length.
b. 
A copy of the Standard Methods for the Examination of Water and Waste Water has been placed on file in the office of the Borough Clerk, upon the introduction of this article and will remain on file there until final action is taken on this article, for the use and examination of the public. Upon adoption of this article, the copy shall remain on file in the office so long as this article is in effect and, in addition, a copy shall be placed on file and shall remain on file in the office of the Board of Health so long as this article is in effect, for the use and examination of the public.
c. 
All such measurements, tests and analysis of the characteristics of waters and wastes shall be determined at the control manhole provided for in subsection 13-8.7 hereof or upon suitable samples taken at the control manhole. In the event that no special manhole is available, then the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the house sewer lateral is connected.
[Ord. #469; 1973 Code § 92-31]
No person shall break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system. Any person violating this provision shall be immediately arrested and, upon conviction, shall be liable to the penalties herein-after set forth under Section 13-12 hereof.
[Ord. #469; 1973 Code § 92-32]
Any person who, by reason of the violation of the provisions of this article or other improper use of the municipal sewer system or any of its branches, appurtenances, or connections, shall cause damage to the municipal sewer system or to the facilities of the Northwest Bergen County Sewer Authority to which the municipal sewer system is connected by reason of which the Borough may sustain damage or may be or become liable to the Northwest Bergen County Sewer Authority for damages which it may sustain, shall be liable to the Borough for all costs and expenses that may be incurred by the Borough for the correction of any such damage. The Borough shall have the right to recover such costs and expenses from any such person by appropriate action at law in a court of competent jurisdiction. The right of the Borough to be reimbursed for any costs and expenses incurred by it by reason of such damages shall be an additional remedy and such person shall also be liable to the penalties contained in this article for violation of its provisions.
[Ord. #469; 1973 Code § 92-33; Ord. #4-93, § 3]
In the administration of this article, the house connections from the curb or street line or from the house sewer lateral and all matters relating to sewers lying within the street from the curb, or from the main sewer to curb, or end of the house sewer lateral, shall be within the jurisdiction of the Mayor and Council of the Borough.
[Ord. #469; 1973 Code § 92-34]
The Plumbing Inspector and Sewer Engineer and other duly authorized employees of the Borough, bearing proper credentials and identifications, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
[Ord. #469; 1973 Code § 92-35]
Decisions of the Plumbing Inspector, or the Mayor and Council of the Borough or such other official or department of the Borough as may be hereafter designated by the Mayor and Council in the interpretation and application of the provisions of this article shall be final and binding upon the property owner affected. The Board of Health or the Mayor and Council of the Borough may waive strict compliance with the provisions of this article where such compliance would cause great hardship other than increased financial expense to the property owner involved. No action which shall be authorized by a permit from the Mayor and Council of the Borough or the Board of Health shall be deemed a violation of this article, provided that the action authorized is not injurious in any manner to the health, safety and welfare of the residents of the Borough. The issuance of any such permit by the Mayor and Council or the Board of Health shall be within their discretion and revocable at their pleasure, and upon such revocation, the provisions of this article shall apply as though the permit had never been granted.
[Ord. #469; 1973 Code § 92-36; New; Ord. #93-4, § 4]
a. 
Whenever it is determined that there is a violation of any provision of this article, the enforcing officer shall give notice of such violation to the person or entity responsible therefor under this article. Such notice shall be in writing and shall include a concise statement of the reason for its issuance. The notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown on the most recent tax list of the municipality, or a copy thereof handed to such person, or copy thereof left at the usual place of abode or office of such person or entity. Notice shall be given as aforesaid within or without the municipality. The notice shall state that unless the violation is abated, removed, cured, prevented within ten (10) days, a summons shall then issue against the person or entity so notified. In the event the condition causing the violation cannot reasonably be cured within the ten (10) day period, the enforcement officer shall determine and state in the notice a reasonable extension period which shall then be applicable instead of the aforesaid ten (10) days.
b. 
Any person found to be violating subsection 13-9.1 shall be subject to immediate enforcement action without regard for any notice required under paragraph a above.
c. 
Any person who shall continue any violation beyond the time limit provided for in paragraph a hereof or shall violate subsection 13-9.1 hereof shall, upon conviction thereof, be liable to the penalty established in Chapter 1, Section 1-5 of this Code. Each day in which any violation shall continue shall be deemed a separate offense. No additional notice need be provided.