[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]
[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;
amended 6-22-2023 by Ord. No. 17-2023]
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 use and emergency, as
hereinafter defined, in order to insure public health and safety.
[Ord. #422; 1973 Code § 116-4; Ord. #33-89, § 1;
amended 6-22-2023 by Ord. No. 17-2023]
For the purpose of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Hose end irrigation systems and automatic irrigation devices.
An irrigation method that saves water and fertilizer by allowing
water to drip slowly to the roots of many different plants, either
onto the soil surface or directly onto the root zone, through a network
of valves, pipes, tubing and emitters.
Any period of water shortage or imminent water shortage caused
by drought; lack or failure of proper pumping equipment, storage,
or other facilities; acts of God or public enemies; or excessive demand
upon or use of water facilities or capacity.
A hose designed to be operated while being held in the hand
and equipped with a nozzle that automatically shuts off when released.
The water or sprinkling (including automatic sprinkling)
of lawns, shrubs and gardens.
The New Jersey Department of Environmental Protection.
The New Jersey Pollution Discharge Elimination System.
A weather-based irrigation controller or soil moisture-based
irrigation controller meeting criteria specified and labeled as being
compliant under the United States Environmental Protection Agency
Water Sense Program meeting the guidelines prescribed by Ridgewood
Water and approved by permit from Ridgewood Water.
That water obtained, delivered, and/or supplied to any persons
by the Department of Water Supply of the Village of Ridgewood. This
definition shall not include water pumped from private wells for residential
irrigation purposes; provided, however, that the property owner maintaining
the private well has provided their name and address to the Borough
of Midland Park.
[Ord. #422; 1973 Code § 116-5; Ord. #33-89, § 1;
amended 6-22-2023 by Ord. No. 17-2023]
The Village Manager of the Village of Ridgewood is authorized
to enforce the provisions of this article and, in his discretion,
in consultation with the Director of Ridgewood Water 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.
[Ord. #422, 1973 Code § 116-6; Ord. #33-89, § 1;
amended 6-22-2023 by Ord. No. 17-2023]
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 by posting in the Borough Administrator's
and Clerk's office and at such other public places as shall be designated
by the Village Manager and the Borough Administrator or Borough Clerk.
Notice shall also be disseminated through the press and public in
general. The emergency shall remain in effect until declared at an
end by the Village Manager of the Village of Ridgewood.
[Ord. #422; 1973 Code § 116-7; Ord. #33-89 § 1;
Ord. #08-13; amended 6-22-2023 by Ord. No. 17-2023]
The following irrigation schedule and water emergency regulations
are hereby adopted to become effective as set forth herein:
a.
Irrigation schedule, effective year round:
1.
All nongovernmental
properties: Irrigation by a conventional irrigation system or device
may only be done on Tuesday and Saturday for odd-numbered addresses
and Wednesday and Sunday for even-numbered addresses.
2.
Governmental
properties: Irrigation by a conventional irrigation system or device
may only be done on Monday and Friday.
3.
Irrigation
using a hand-held hose or drip/micro irrigation system shall be allowed
any day.
b.
The emergency stages shall be as follows:
|
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 for all properties to the
use of 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.
|
c.
Stage III and Stage IV emergency regulations shall become effective
upon declaration of each stage by the Village Manager of the Village
of Ridgewood. The cleaning of cars, houses or property, filling of
swimming pools or other outdoor water usage shall be prohibited during
Stage III and Stage IV.
d.
Exceptions to the user restrictions shall be determined by the Village
Manager of the Village of Ridgewood or a Village of Ridgewood employee
designated by the Village Manager. The request for an exception shall
be submitted on forms prepared by Ridgewood Water and shall include
any required documentation. Exceptions are subject to renewal annually
and may be voided at any time due to an emergency. The exceptions
may include the following:
1.
Outdoor irrigation necessary for the establishment of newly sodded
or seeded grass lawns or landscaping within the first 21 consecutive
days of planting.
2.
Irrigation of lawns or plantings with smart controllers, approved
by permit from Ridgewood Water, and limited to the irrigation hours
specified in paragraph e of this subsection.
3.
Outdoor water use from rain harvesting (rain barrels, etc.), gray
water, or reclaimed water. Use of gray or reclaimed water must have
an approved NJPDES permit issued through the NJDEP.
4.
Outdoor irrigation necessary for one day only where treatment with
an application of chemicals required immediate watering to preserve
an existing landscape or to establish a new landscape.
5.
Other outdoor water usage.
e.
Irrigation shall not be conducted between 10:00 a.m. and 6:00 p.m.
on any day. Irrigation using automatic systems, including Smart Controllers,
may only be used between 3:00 a.m. and 7:00 a.m. on the permissible
day.
f.
Any automatic irrigation systems installed subsequent to the enactment
of this section shall be equipped with an operational automatic rain
sensor device. Each rain sensor device shall be capable of and programmed
to interrupt the automatic irrigation cycle when 1/4 inch of rain
has fallen.
g.
Enforcement.
The enforcement of the provisions of this article shall be the
responsibility of such officer and/or employee designated by the Mayor
and Council of the Borough of Midland Park.
[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:
Shall mean the Northwest Bergen County Sewer Authority which
is the district sewer system into which the municipal sewer system
shall connect.
Shall mean the Board of Health of the Borough.
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.
Shall mean solid wastes from the preparation, cooking and
dispensing of food and from the handling, storage and sale of produce.
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.
Shall mean the plans showing points of connection for the
house connection laterals.
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.
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.
Shall mean the liquid waste from industrial processes as
distinct from sanitary sewage.
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.
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.
Shall mean the Borough sewer system and all appurtenances
thereto.
Shall mean any outlet into a watercourse, pond, ditch, lake
or other body of surface or ground water.
Shall mean the logarithm to the base ten (10) of the reciprocal
of the weight of hydrogen ions in grams per liter of solution.
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.
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.
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.
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.
Shall mean the same as "main sewer."
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.
Shall mean a sewer which carries sewage, and to which storm,
surface and ground water are not admitted.
Shall mean any liquid waste containing animal, chemical or
vegetable matter in suspension or solution.
Shall mean any arrangement of devices and structures used
for treating sewage.
Shall mean all facilities for collecting, pumping and disposing
of sewage.
Shall mean a pipe or conduit for carrying sewage.
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.
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.
Shall mean a pipe or conduit which carries storm or surface
water and drainage, but excludes sewage and polluted industrial waste.
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.
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.
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.
[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
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]
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.
