Township of Upper, NJ
Cape May County
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Editor's Note: Former subsection 14-1.1, Connection to Water Lines Required, previously codified herein and containing portions of Ordinance No. 24-1986, was repealed in its entirety by Ordinance No. 3-1995.
[Ord. #8-1998, § 1]
The Township Committee hereby makes the following factual findings and determinations:
a. 
Certain properties located in the Beesley's Point and Marmora sections of the Township, specifically identified herein, depend upon on-site wells for potable drinking water and other household uses and all of the properties identified herein have been affected by groundwater contamination so as to render the further or continued use of on-site wells as a hazard to health.
b. 
Despite an extensive investigation by the Cape May County Department of Health and the New Jersey Department of Environmental Protection (NJDEP), the source of the pollution or contamination has not been identified.
c. 
The NJDEP has determined that the most cost effective and expeditious manner to correct the ongoing pollution and contamination is to construct a limited public water distribution system in order to supply acceptable and potable water to each of the properties affected by the contamination.
d. 
The installation of a limited water supply distribution system and individual water service (hereinafter the "project"), is to be completed in two phases. Phase 1 involves the construction of a limited public distribution system by or on behalf of New Jersey-American Water Company. Phase 2 involves the connection of individual water service to each of the properties in the contaminated area. At present, New Jersey-American Water Company has completed Phase 1 as described herein.
e. 
The cost for the construction and installation of the limited public water supply system has been funded by the NJDEP by way of grant or loan, or both, to New Jersey-American Water Company, which will own and operate the water distribution system and be the supplier of potable water to the properties in the contaminated area.
f. 
The cost of installing individual water lines and water service to each of the properties in the contaminated area, as well as the cost of connecting the individual systems to the New Jersey-American distribution system will be paid by the Township of Upper, without cost to the individual homeowner, from funding made available to the Township by the NJDEP. The Township will arrange for the completion of Phase 2 involving individual water service and connections to the distribution system by open competitive bid and subject to the approval of the NJDEP. The contractor or contractors ultimately awarded the bid will then install individual water services to each of the households in the contaminated area and connect that service to New Jersey-American Water Company's distribution system. The contractor will also provide for the sealing and closing of the existing on-site primary potable water supply well, unless an individual property owner receives express approval from the NJDEP to permit the property owner to maintain the well.
g. 
Phase 2, involving individual connections, is about to commence and in accordance with the funding requirements of the NJDEP, upon completion of the project, all homeowners shall be required to connect to the public distribution system and remain connected thereto and all individual wells are required to be sealed and no longer used for any purpose.
h. 
The following properties have been identified as experiencing groundwater contamination or being in close proximity to contaminated wells and having a high probability of experiencing contamination in the future. These properties are eligible for connection to the water distribution system and the installation of individual water lines without cost to the homeowner:
Block 694: Lots 1, 2, 3, 4, 5, 6, 7, 8, 12, 13 and 14.
Block 693: Lots 1, 2, 3.07, 3.06, 3.05, 3.04, 3.03, 3.02, 3.01 and 6.
Block 677: Lots 1, 2, 3, 4, 5, 6 and 17.
Block 676: Lots 1, 2, 3, 4, 5, 6, 7 and 8.
Block 675: Lots 1, 2, 3, 4, 5, 6.01, 6.02, 7, 8, 9 and 10.
Block 674: Lots 2, 3, 4, 5, 6, 7 and 8.
Block 673: Lots 1, 2, 3, 4, 5, 6, 7 and 8.
Block 672: Lots 1, 2, 3, 4, 5, 6, 7, 21, 22, 23, 24, 25, 26 and 27.
Block 659: Lots 2, 3 and 4.
Block 658: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 14, 15, 16, 17, 18 and 19.
Block 657: Lots 1, 2, 3, 4, 5, 6, 7, 8, 19, 20 and 21.
Block 654: Lots 1, 2, 3, 4 and 5.
Block 653.02: Lot 19.
Block 724: Lots 1, 4, 5, 6, 7, 8, 9 and 10.
Block 723: Lots 1, 2, 3, 4, 5 and 6.
Block 728: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.01, 10.02, 11, 12.01, 12.02, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.01, 23.02, 24, 25 and 26.
Block 729: Lots 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, 18, 19, 20.01, 20.02, 21, 22, 23, 24, 25, 26, 27.01 and 27.02.
Block 730: Lots 1, 2, 12, 13, 14, 15 and 16.
Block 731: Lots 1, 2, 3, 4, 5.01, 5.02, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16.01, 16.02, 17, 18, 19, 20, 21, 22 and 26.
Block 732: Lots 3, 4, 5.01, 5.02, 6, 7, 8, 9, 10, 11, 19, 20, 21, 22, 23, 24, 25 and 26.
Block 599: Lots 59 and 60.
[Ord. #8-1998, § 2]
The owner, owners or other person having care, custody or control of the individual properties identified in subsection 14-2.1 hereof shall be required to connect their properties to the limited water supply distribution system provided by New Jersey-American Water Company or its successor assign and shall remain connected to such water distribution system.
[Ord. #8-1998, § 3]
The owner, owners or other person having care, custody or control of the individual properties identified in subsection 14-2.1 hereof, upon connection with the water distribution system, shall cease using the individual on-site well for any purpose and shall cause said well to be closed and permanently sealed, unless the NJDEP shall grant express permission, in writing, for an individual well to remain operational.
[Ord. #8-1998, § 4]
Any person, firm, association or corporation violating any of the provisions of this section shall, upon conviction, be subject to one or more of the following:
a. 
A fine not to exceed $1,000; and/or
b. 
Incarceration for a term not to exceed 30 days; and/or
c. 
By a period of community service for a period not exceeding 30 days.
Any person, firm, association or corporation who is convicted of violating this section within one year of the date of a previous violation and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person, firm, association or corporation for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this Chapter, but shall be calculated separately from the fine imposed for the violation of this Chapter.
[Ord. #8-1998, § 5]
The penalties set forth in subsection 14-2.4 of this section are in addition to any penalties which may be imposed under the Uniform Construction Code or any Public Health Ordinance or regulation.
[Ord. #013-2006, § 1]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Upper so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #013-2006, § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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 Township of Upper, 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 non-domestic 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 Township of Upper 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.
[Ord. #013-2006, § 1]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Upper any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. #013-2006, § 1]
a. 
This section shall be enforced by the:
1. 
Superintendent of Public Works.
2. 
Supervisor of Roads.
3. 
Sanitation Inspector.
4. 
Zoning Officer.
5. 
Any inspector or other designated agent of the Cape May County Department of Health.
b. 
Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.
[Ord. #013-2006, § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as follows:
a. 
First offense, in any twelve-month period, a fine of not less than $50;
b. 
Second offense, in any twelve-month period, a fine of not less than $75;
c. 
Third offense, in any twelve-month period, a fine of not less than $150.