[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:
BERGEN COUNTY UTILITIES AUTHORITY
Shall mean the district sewer system into which the Borough sewer system shall connect. (Also referred to as Bergen County Sewer Authority)
BOARD OF HEALTH
Shall mean the Board of Health of the Borough.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BUILDING DRAIN
Shall mean the lowest horizontal piping of a drainage system within a building, which receives the discharge from soil and waste pipes and conveys it to the house connection.
GARBAGE
Shall mean solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
HOUSE CONNECTION
Shall mean 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]
INDUSTRIAL WASTE
Shall mean the liquid waste from industrial processes as distinct from sanitary sewage.
MAIN SEWER or PUBLIC SEWER
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.
MUNICIPAL SEWER SYSTEM
Shall mean the Fairview sewer system and all appurtenances thereto.
NATURAL OUTLET
Shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
pH
Shall mean the logarithm to the base 10 of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING
Shall mean the practice of installing, maintaining, extending, repairing and altering plumbing systems. It is also the installed plumbing system piping, materials, plumbing fixtures and appurtenances of such systems in connection with the following: sanitary drainage or storm drainage facilities together with their venting systems, a public or private water supply system and fire protection systems within or adjacent to any building, structure or conveyance.
PLUMBING INSPECTOR
Shall mean a person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.S.A. 26:1A-38 to 26:1A-44 and N.J.S.A. 26:3-20 and in the employment of the Borough.
PLUMBING SYSTEM
Shall mean the sanitary and storm drainage facilities, together with their venting systems and plumbing fixtures, a public or private water supply 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.
PUBLIC SEWER
Shall mean the same as "main sewer."
SANITARY SEWAGE
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).
SANITARY SEWER
Shall mean a sewer that carries sewage and to which storm, surface and ground water are not admitted.
SEWAGE
Shall mean any liquid waste containing animal, chemical or vegetable matter in suspension or solution.
SEWAGE TREATMENT PLANT
Shall mean any arrangement or devices and structures used for treating sewage.
SEWAGE WORKS
Shall mean all facilities for collecting, pumping and disposing of sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
SEWER INSPECTOR
Shall mean the Borough Engineer.
STORM SEWER or STORM DRAIN
Shall mean a sewer that carries storm- or surface water and drainage, but excludes sewage and polluted industrial waste.
SUSPENDED SOLIDS
Shall mean solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WATERCOURSE
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.
b. 
Prohibited Connections.
1. 
No person shall connect or allow to be connected into any sanitary sewer located within the Borough of Fairview any drain or leader designed to collect ground or surface waters.
2. 
No sump pump shall be connected to the sanitary sewer system of the Borough of Fairview.
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.
[1]
Editor's Note: The Sanitary Sewer Ordinance, Ordinance No. 03-14, is codified herein as § 16-6.
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.
[2]
Editor's Note: The Sanitary Sewer Ordinance, Ordinance No. 03-14, is codified herein as § 16-6.
[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. 
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.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
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.
INDUSTRIAL WASTE
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)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
NJPDES PERMIT
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.
NON-CONTACT COOLING WATER
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
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.
STORMWATER
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. 
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
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.