[1974 Code § 11-1; Ord. No. 79-16]
The Federal government has enacted and amended the Federal Water
Pollution Control Act, now known as the Federal Clean Water Act 33
U.S.C. 1150 et seq.). The Bergen County Utilities Authority has enacted
rules and regulations, as required by the Federal Clean Water Act,
incorporating an industrial cost recovery system, a user charge system,
and regulations pertaining to the use of sanitary sewers. The Borough
of Fairview is within the district serviced by the Bergen County Utilities
Authority and has contracted with the Bergen County Utilities Authority
for the removal and treatment of the wastewater contained within the
sanitary sewers of the Borough of Fairview. The Borough of Fairview
desires to assure that the sanitary sewers operated and maintained
by it will conform to the best sanitary engineering practices and
comply with the requirements of the Federal Clean Water Act.
[1974 Code § 11-2; Ord. No. 79-16]
The use of all sanitary sewers of the Borough shall be in compliance
with the rules and regulations enacted by the Bergen County Utilities
Authority.
[1974 Code § 11-3; Ord. No. 79-16; Ord. No. 09-28]
a.
The Borough of Fairview hereby enacts the Industrial Cost Recovery
System, User Charge System, and Rules and Regulations governing the
use of public and private sewers, by adopting the Rules and Regulations
of the Bergen County Utilities Authority Rules and code entitled "Bergen
County Utilities Authority Rules and Regulations for the Direct and
Indirect Discharge of Wastewater to the Bergen County Utilities Authority
Treatment Works" and which are approved by the United States Environmental
Protection Agency.
b.
The adoption of this "Sewer Use Ordinance" (Ordinance No. 09-28)
by the Borough of Fairview shall include the adoption of all future
amendments to said "Bergen County Utilities Authority Rules and Regulations
for the Direct and Indirect provided that prior to enacting such Discharge
of Wastewater to the Bergen County Utilities Authority Treatment Works"
amendments, the Borough of Fairview is given 45 days' notice in writing
of the amendment and an opportunity to comment on same at a public
hearing.
[1974 Code §§ 11-4, 11-4.1; Ord. No. 79-16; Ord. No. 09-28]
a.
Not fewer than three copies of the "Bergen County Utilities Authority
Rules and Regulations for the Direct and Indirect Discharge of Wastewater
to the Bergen County Utilities Authority Treatment Works" have been
and now are filed in the office of the Borough Clerk and are available
for public inspection during normal business hours.
b.
Copies Available. Copies of the rules and regulations of the Bergen
County Utilities Authority can be obtained from the Bergen County
Utilities Authority for the cost of publication.
[1974 Code § 11-5; Ord. No. 79-16]
The Mayor and Borough Clerk are hereby authorized to act as
signatories upon, and to execute on behalf of the Borough of Fairview,
an amendment to the existing service agreement with the Bergen County
Utilities Authority, which embodies the intent and purpose of this
section.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 96-38, 97-29, 98-2 and 02-17.
[Ord. No. 03-14 § 2]
As used in this section of the Code, the following terms shall
have the meanings indicated:
Shall mean the district sewer system into which the Borough
sewer system shall connect. (Also referred to as Bergen County Sewer
Authority)
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 days at 20° C., expressed in parts per million by weight.
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.
Shall mean solid wastes from the preparation, cooking and
dispensing of food and from the handling, storage and sale of produce.
Shall mean any pipe, together with necessary connection from
the sanitary to and including the clean-out, conveying wastewater
from a building sewer to the sanitary sewer system.
[Amended 3-6-2017 by Ord. No. 17-4[1]
Shall mean the liquid waste from industrial processes as
distinct from sanitary sewage.
Shall mean the sewers laid longitudinally along the center
line 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 Fairview 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 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.S.A. 26:1A-38 to 26:1A-44 and N.J.S.A.
26:3-20 and in the employment 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 system 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 same as "main sewer."
Shall mean that domestic sewage with storm and surface water
excluded, such as sewage discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels, office and commercial
buildings, factories and institutions).
Shall mean a sewer that 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 or 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 Borough Engineer.
Shall mean a sewer that 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 a channel in which a flow of water occurs, either
continuously or intermittently.
[1]
Editor's Note: This ordinance also repealed the former definition
of "house sewer lateral," which immediately followed this definition.
[Ord. No. 03-14 § 3]
a.
Before any portion of the building 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 Borough and 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.
b.
Installation and Backfilling.
1.
When installing the house connection, the trenches 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 system through the house sewer
lateral during these operations.
2.
In backfilling, the material for the two 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-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.
3.
Where the trench is excavated in rock, the rock must be carefully
excavated to a depth of six inches below the grade line of the sewer
and the trench brought to the proper elevation with gravel or other
material satisfactory to the Plumbing Inspector. The remainder of
the trench must be backfilled with suitable material.
4.
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.
5.
Where subsoil conditions are bad, such special precaution must be
taken to secure a watertight job as may be directed by the Plumbing
Inspector. In quicksand, all pipes must be laid out on planking, two
inches thick by at least six inches wide.
c.
Where connection is made between the building drain outside of the
building and the house connection, a long radius bend shall be appropriately
installed at this connection along with a cleanout as required by
the Plumbing Code. This connection shall be subject to the approval
of the Plumbing Inspector who shall be given ample notice prior to
such work.
d.
The Plumbing Inspector 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.
e.
Each contractor or other person performing work on private property
for the purpose of connecting from the curb or street line onto private
property shall be governed by the terms of the ordinances of the Borough
and of the Board of Health.
[Ord. No. 03-14 § 4;
amended 3-6-2017 by Ord. No. 17-4; 5-18-2021 by Ord. No. 21-10]
a.
No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any public sewer or house sewer
lateral and the appurtenances thereof. The sewer contractor retained
by the Borough, the Department of Public Works or such other official
or department of the Borough as may hereafter be designated by the
Mayor and Council shall make all connections, alterations and repairs
upon the public sewer and shall alter, maintain and repair the house
sewer laterals and appurtenances thereof.
b.
Installation, maintenance and repair of house connections and building
drains are not the responsibility of the Borough. All work performed,
whether for new installations or for the repair/maintenance of existing
connections, shall only be performed in accordance with plans and
specifications as approved by the Borough Engineer. Each dwelling
unit is to have a separate sanitary sewer lateral. This requirement
may be waived when site conditions ( i.e., utility conflicts, topography)
make this impractical. Waivers from this requirement may be issued
by the Superintendent of Public Works in consultation with the Borough
Engineer. Written requests for waivers submitted to the Superintendent
must include an explanation of the reason(s) justifying the issuance
of a waiver.
c.
Costs. All costs and expenses incident to the installation and connection
of the building sewer and house connection to the sanitary sewer system
shall be borne by the owner. The owner shall indemnify the Borough
from any loss or damage that may indirectly or directly be occasioned
by the installation of the building sewer or house connection. The
maintenance of the building sewer and house connection shall be the
responsibility of the owner of the property served.
d.
Each contractor or other person performing work on Fairview public
property for the purpose of installing sanitary sewer laterals shall
post a bond or cash in an amount reasonably determined by the Borough
Engineer. 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.
e.
Curb drains. For any newly constructed structure or any alteration
of an existing structure, there shall not be permitted discharge of
any water from any roof drain, basement drain, sump pump, swimming
pool pumps or other drain onto any sidewalk streets or into any gutter.
1.
Any existing structure which discharges water from any roof drain,
basement drain, sump pump or other drain onto any sidewalk or into
any gutter may continue such discharge unless such discharge constitutes
a health hazard as determined by the Board of Health or Code Enforcement
Officer or Borough Engineer or Superintendent of the Department of
Public Works.
2.
In the event that a discharge is deemed to be a health or safety
hazard, written notice shall be served upon the property owner, tenant
or occupier of the premises who shall have 60 calendar days to correct
and remediate the health hazard or safety hazard to the satisfaction
of the enforcing officer. Failure to correct or remediate the health
or safety hazard within the 60 calendar days shall subject the property
owner to a fine of $50 for each day the condition continues to exist.
3.
The property owner, tenant or occupier of the premises may appeal
the determination of a health hazard to the Board of Health within
10 calendar days of receipt of the written notice.
4.
The property owner, tenant or occupier of the premises may appeal
the determination of a safety hazard to the Construction Board of
Appeals within 10 calendar days of receipt of the written notice.
f.
Any connections to the municipal stormwater system shall be approved
by the Borough Engineer prior to installation.
[Ord. No. 03-14 § 5]
No person shall:
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.
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 as needed.
c.
Uncover any portion of the public sewers or drains or the connection
branches thereof or open any manhole or flush tank except with written
permission of the Borough Engineer.
d.
Open any public street or place for the purpose of making sewer connection
or make or cause to be made any connection with a house connection
branch of a public sewer except where written permission by the Borough
Engineer allows such specific connection.
e.
Make or cause or allow to be made any excavation within four feet
of any public sewer or blast any rock within 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.
Discharge or cause or permit the discharge into any main or public
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.
g.
Discharge or cause to 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.
h.
Connect or cause or permit the connection with any main or public
sewer, directly or indirectly, of any garbage disposal units, exhausts,
boiler blow offs, sediment drips or any pipes carrying or constructed
to carry hot water, acids, dyes, brine, germicides, greases, brewery
mash, gasoline, naphtha, benzine oil, flammable or explosive liquids,
industrial wastes, radioactive materials or any other substance detrimental
to the sewers or their appurtenances or to the operation of the sewage
system or system or sewage disposal works.
i.
Throw or deposit or cause or allow to be thrown or deposited in any
fixture, vessel, receptacle, inlet or opening connected directly or
indirectly with any main or public sewer any straw, garbage, wood,
glass, feathers, tar, plastics, vegetables, parings, ashes, cinders,
rags or viscous substance capable of causing obstructions to the flow
in the sewers, except feces, urine, necessary toilet papers and liquid
house slops, or allow any house sewer connection with a main or public
sewer to be likewise connected with any privy vault or cesspool or
underground drain or with any channel conveying water or filth except
such soil pipes, house drains, house sewers and other plumbing works
as shall have been duly inspected and approved by the inspector employed
by the Borough.
[Ord. No. 03-14 § 6;
amended 3-17-2015 by Ord. No. 15-2]
a.
Prohibited Discharges. No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, sump pump discharge, uncontaminated cooling water or unpolluted
industrial process waters to any public sanitary sewer.
c.
Certificate of Occupancy. Whenever it is necessary for a property
owner to obtain a certificate of occupancy (or a continued certificate
of occupancy) and/or there is a transfer of any ownership of any residence
or commercial building, the Construction Official shall be required
to perform the following duties and acts: Upon application for a certificate
of occupancy or a continued certificate of occupancy, the Construction
Official shall inspect within 10 days, excluding weekends and holidays,
the subject premises in order to determine whether any sump pumps
or drains or other mechanical devices are discharging any waters directly
into the sanitary sewer system owned by the Borough of Fairview. In
the event that the Construction Official determines that there is
such discharge, no certificate of occupancy or continued certificate
of occupancy shall be issued to the possessor of said property until
said condition is removed. Upon the satisfactory reinspection of such
dwelling, the Construction Official shall file an appropriate affidavit
indicating that said inspection has been made and shall file same
with the Borough Clerk.
d.
Violations and Penalties.
1.
Any homeowner or property owner who is found to be in violation of
the provisions of this section shall have the opportunity to correct
the violation without penalty provided the violation is corrected
within two months of the date of notice of violation.
2.
For any violations that remain unabated after two months, there shall
be a minimum fine of $500 for each violation of the provisions of
this section. Each violation and each day a violation is committed
or permitted to continue shall constitute a separate violation and
shall be punishable as such.
3.
Any homeowner fined pursuant to Subsection d1 shall have a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine in the amount of $500 may be imposed if a court has not determined otherwise or, upon re-inspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. No. 03-14 § 7]
a.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Plumbing Inspector, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any flammable wastes, sand or other harmful ingredients; except that
such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Plumbing Inspector and shall be located so as to be
readily and easily accessible for cleaning and inspection.
b.
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of a substantial construction, watertight and equipped
with easily removable covers which, when bolted in place, shall be
gastight and watertight.
c.
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. No. 03-14 § 8]
a.
Where necessary, in the opinion of the Borough Engineer or the Plumbing
Inspector, the owner shall provide, at his expense, such preliminary
treatment as may be necessary to:
1.
Reduce the BOD to 300 parts per million and suspended solids to 350
parts per million by weight; or
2.
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection 16-6.5, Prohibited and Restricted Discharges; or
3.
Control the quantities and rates of discharge of such waters or wastes.
b.
Plans, specifications and any other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
the approval of the Borough of Fairview and the State of New Jersey,
and no construction of such facilities shall be commenced until all
required approvals are obtained in writing.
c.
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. No. 03-14 § 9]
a.
When required by the Borough Engineer or the Plumbing Inspector,
the owner of any property served by a house connection or building
sewer carrying industrial wastes shall install a suitable control
manhole in the building sewer 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 Borough. 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.
b.
All measurements, tests and analyses of the characteristics of waters
and wastes to which reference is herein made shall be determined in
accordance with requirements as set forth by the Borough Engineer.
c.
All such measurements, tests and analyses of the characteristics
of waters and wastes shall be determined at the control manhole or
upon suitable samples taken at said control manhole. In the event
that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer
to the point at which the building sewer is connected.
[Ord. No. 03-14 § 10]
a.
No person shall break, damage, destroy, deface or tamper with any
structure appurtenance or equipment that is a part of the municipal
sewer system.
b.
Any person who, by reason of the violation of the provisions of the
Borough Ordinances or other improper use of the municipal sewer system
or any of its branches, appurtenances or connections, shall cause
damage to said municipal sewer system or to the facilities of the
Bergen County Utilities 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 Bergen County Utilities Authority for
damages which it may sustain shall be liable to the Borough for all
costs and expense 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 expense from any such person by appropriate action at law
in a court of competent jurisdiction.
c.
Any person found to be violating any provision of the Sanitary Sewer
Ordinance[1] shall be served by the Borough with written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within
the period of time stated in such notice, permanently cease all such
violation.
d.
Any person who violates any provision of the Sanitary Sewer Ordinance[2] shall, upon conviction thereof, be punished by a fine
not exceeding $5,000, imprisonment for a term not exceeding 90 days
and/or a period of community service not exceeding 90 days. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. No. 03-14 § 11]
The Borough of Fairview hereby adopts a user charge system for
all non-tax-exempt properties located in the Borough.
a.
Findings; Purpose.
1.
The Federal Government has enacted the amended Federal Water Pollution
Control Act, now known as the "Federal Clean Water Act" (33 U.S.C.
§ 150 et seq.)
2.
The Bergen County Utilities Authority has enacted rules and regulations,
as required by the Federal Clean Water Act, in incorporating an industrial
cost recovery system, a user charge system and regulations pertaining
to the use of sanitary sewers.
3.
The Borough of Fairview is within the district serviced by the Bergen
County Utilities Authority and has contracted with the Bergen County
Utilities Authority for the removal and treatment of the wastewater
contained within the sanitary sewers of the Borough of Fairview.
4.
The Borough of Fairview desires to assure that the sanitary sewers
operated and maintained by it will conform to the best sanitary engineering
practices and comply with the requirements of the Federal Clean Water
Act.
b.
Compliance with Bergen County Utilities Authority. The use of all
sanitary sewers of the Borough shall be in compliance with the rules
and regulations enacted by the Bergen County Utilities Authority.
c.
Amount of Charges.
1.
The Borough of Fairview receives an aggregate charge from the BCUA
on an annual basis. The total sewer cost is therefore based on the
total aggregate flow received from the public sewer system and includes
both the BCUA charge and all appropriate administrative costs for
the operation and maintenance of the Fairview Sewer System.
2.
After determining the total sewer cost, the Borough then will compute
individual user charges. The individual user charges shall be based
on the total flow for each calendar year. The basis of the computation
shall consider the actual water used as compared to the total sewer
cost. The amounts of the user charge shall be calculated by the Borough
Engineer and assessed by the Tax Collector.
3.
The method of calculation shall be as follows:
(a)
The metered water usage will be obtained from the Water Utility
Company. The total metered water usage/consumption for the prior calendar
year shall be the quantitative basis for calculating the individual
user charge. The individual user water consumption records will be
maintained by the Tax Collector.
(b)
The average unit cost of sewer discharge including reasonable
operations and maintenance costs will be calculated by the Borough
Engineer. The average unit cost of sewerage for the prior calendar
year shall be used as the rate for calculating the individual user
charge. This rate will be calculated annually and provided to the
Tax Collector by the Borough Engineer by May 15th, each calendar year.
(c)
The Borough Tax Collector will compute sewer usage fees by multiplying
the water consumption by the usage rate and will assess the resultant
annual sewerage user fee by July 15th, each calendar year. The annual
sewer fees may be paid on a quarterly basis.
d.
Exemption from User Charge. There shall be allowed an exemption from
the annual user charge for all residential usage.
e.
Allowances.
1.
No allowance shall be made for water which is metered but which does
not enter the sanitary sewer system, unless the owner installs and
maintains, at his expense, a meter approved by the Borough to measure
the water so diverted from the sewer lines.
2.
In case of business or industry, where water is lost by evaporation
and where a technical basis for such claim is provided, the Borough
Engineer will consider each request on a case-by-case basis. If in
the reasonable judgment of the Borough Engineer, an adjustment is
required, the Tax Collector will be notified that a proper allowance
may be necessary. All adjustments will require the prior approval
of the Governing Body.
3.
Where fire suppression sprinkler systems are maintained, and where
these systems are separately metered by the Water Company, a proper
credit shall be given for water contained or passing through such
separate sprinkler system, if it can be shown that the waste water
does not reach a sanitary sewer line.
4.
Any owner may install and maintain, at his expense, a sewage flow
meter, approved by the Borough Engineer, to measure the flow into
the sewer lines. Where such a sewage flow meter is maintained, the
owner shall be billed on the actual readings of such meter at the
same rate as determined hereinabove. In the event that an individual
meter is installed, the meter shall be calibrated and tested for accuracy
at least once every two years.
5.
In any specific case not contemplated or not clearly defined herein,
the Borough Engineer is hereby authorized, by contract or otherwise,
to establish a specific rate as may be necessary.
f.
Appeal Procedure. Where there is a question as to the propriety and/or
amount of user charges imposed under this section, an appeal procedure
is hereby established:
1.
Users who wish to appeal a calculated user fee shall notify the Borough
Clerk in writing within 30 calendar days of receipt of the user charge
assessment.
2.
In order for any appeal to be considered by the Borough, the user
fees must be paid. Receipt of payment shall not be cause for denial
of appeal; nor shall it imply acceptance of said fee by the user.
3.
The matter will be referred to the Borough Engineer who will provide
the Borough Clerk with a written determination of how the individual
user charge was calculated.
4.
The user shall provide any contrary data or documentation to support
such claim. The Borough Engineer shall consider the claims and data
provided by the user and make a reasonable determination in writing
to the Borough Clerk. If it is determined that the amount of the sewer
charge requires adjustment, proper credit reflecting the adjustment
will be applied to the subsequent user fees.
5.
In the event that a user is not satisfied with the determination
of the Borough Engineer as described above, the user may appeal said
matter directly to the Governing Body.
g.
Severability. All ordinances regarding the sanitary sewer system
heretofore enacted are hereby expressly repealed and all ordinances
or part of ordinances inconsistent with this section are hereby repealed
as to such inconsistencies.
h.
Effective Date. The invalidity of any part or provision of this section
shall not affect the validity of any part of this section, which can
be given effect without such invalid part or provision. This section
shall be effective retroactive to January 1, 2003.
[Ord. No. 05-18 §§ I-V]
a.
Purpose. The purpose of this subsection is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Borough
of Fairview, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
b.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NON-CONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
Definitions. For the purpose of this Subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Fairview, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. 1317(a), (b), or (c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Fairview or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
c.
Prohibited Conduct. No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system operated by the Borough of Fairview any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
d.
Enforcement. This subsection shall be enforced by the Police Department,
Health Department and Building Department of the Borough of Fairview.
e.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a fine not to exceed $1,000
or imprisonment for a period not to exceed 90 days or both.
[Ord. No. 05-19 §§ I
— VI]
a.
Purpose. The purpose of this subsection is to prohibit the spilling,
dumping, or disposal of materials other than stormwater to the municipal
separate storm sewer system (MS4) operated by the Borough of Fairview,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drain) that is owned
or operated by the Borough of Fairview or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
c.
Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Borough of Fairview is prohibited. The spilling, dumping,
or disposal of materials other than stormwater in such a manner as
to cause the discharge of pollutants to the municipal separate storm
sewer system is also prohibited.
d.
Exceptions to Prohibition.
1.
Water line flushing and discharges from potable water sources.
2.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwater)
3.
Air conditioning condensate (excluding contact and non-contact cooling
water)
4.
Irrigation water (including landscape and law watering runoff)
5.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
6.
Residential car washing water, and residential swimming pool discharges
7.
Sidewalk, driveway and street wash water.
8.
Flows from firefighting activities
9.
Flows from rinsing of the following equipment with clean water: Beach
maintenance equipment immediately following their use for their intended
purposes; and equipment used in the application of salt and deicing
materials immediately following salt and de-icing material applications.
Prior to rinsing with clean water, all residual salt and deicing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded. Rinsing of equipment, as noted in the above situation is
limited to exterior, undercarriage, and exposed parts and does not
apply to engines or other enclosed machinery.
e.
Enforcement. This paragraph shall be enforced by the Police Department,
Health Department and/or Building Department of the Borough of Fairview.
f.
Penalties. Any person(s) who continues to be in violation of the
provisions of this subsection, after being duly notified, shall be
subject to a fine not to exceed $1,000 or imprisonment for a period
not to exceed 90 days or both.
