Township of Neptune, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 1112 Preamble]
The Township of Neptune heretofore established two (2) sewerage districts in the Township known as the Mid-Town Sanitary Sewer System and the Western Sanitary Sewer System.
Sewage from users in each district was treated and disposed of in separate treatment plants located within the District.
The New Jersey Department of Environmental Protection instituted a suit in the Superior Court of New Jersey requiring that the Township of Neptune Sewerage Authority construct central sanitary sewerage plants and outfall; and requiring all other treatment plants located in the Neptune region to cease and desist operation, including the treatment plant servicing the Mid-Town Sanitary Sewerage System.
In order to service the Neptune region, Water Pollution Control Plan #2 was expanded.
The Township of Neptune is under a contract with the Township of Neptune Sewerage Authority under the terms of which generally the Authority accepts, transmits, treats and disposes of sewage from all the sewer users in the Township and the Authority renders one (1) sewer bill to the Township therefor for all such usages, which is paid by the Township on a quarterly basis.
The Western Sanitary Sewerage System was recently extended.
It is anticipated that the sewers in the Mid-Town Sanitary Sewerage System would be rehabilitated.
It is in the best interests of the sewer users in the Township to consolidate the two (2) present sewer districts into one (1) district thereby gaining the economic advantage of a larger number of users sharing operation, maintenance and debt service costs.
The sewer rent established under the terms of this chapter represents the monies necessary to pay the cost of the Township in operating and maintaining the present sewer collection system and payment to the Township of Neptune Sewerage Authority for its service charge to the Township for accepting, treating, transmitting and disposing of sewage.
[Ord. No. 1112 § 1]
All of that portion of the Township formerly known as the Western Sanitary Sewerage System of the Township and that formerly known as the Mid-Town Sanitary Sewerage System of the Township shall be known as the Neptune Township Sewer District and is hereby consolidated into one (1) sewer district comprising and including all of the land and territory within the following described boundaries, to wit:
Beginning at a point in the northerly boundary of the Borough of Bradley Beach, where the same is intersected by Main Street and running from said beginning point (1) Along the northerly and westerly boundary of the Borough of Bradley Beach to its intersection with the northerly boundary of the Borough of Neptune City, thence, (2) Along the boundary of the Borough of Neptune City to the westerly boundary of the Borough of Avon-by-the-Sea, thence, (3) Along said westerly boundary to the northerly boundary of the Borough of Belmar, thence, (4) Along said northerly boundary and along the northerly boundary of the Township of Wall to the easterly boundary of Tinton Falls Borough; thence, (5) Along the boundary of the Tinton Falls Borough to the southerly boundary of the Township of Ocean, thence, (6) Along the boundary of the Township of Ocean to the westerly boundary of the City of Asbury Park, thence, (7) Along the boundary of the City of Asbury Park to Main Street, thence, (8) southwesterly along Main Street to the point or place of beginning.
[Ord. No. 1112 § 2]
The Township Committee shall operate and maintain as the Neptune Township Utility all sewerage facilities located in the districts formerly known as Mid-Town and Western Sanitary Sewerage Districts.
[Ord. No. 1112 § 3]
The Township Committee shall have power and authority, in its discretion, to construct such additions, extensions, repairs and modifications to existing facilities as it shall deem necessary for the public good and health, and/or as required by the contract with the Township of Neptune Sewerage Authority, the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency.
[Ord. No. 1112 § 4]
All outstanding debts, notes or bonds authorized by previous ordinances for the Mid-Town Sanitary Sewerage District and the Western Sanitary Sewerage District shall continue as an obligation of the Neptune Township Sewerage District and shall be paid in accordance with the terms thereof by the Neptune Township Sewerage District.
[Ord. No. 1112 § 5]
a. 
That the costs of the creation and establishment of the Neptune Township Sewer District (including its predecessors, Mid-Town Sanitary Sewerage District and Western Sanitary Sewerage District) and the cost of such sewerage system (including its predecessors Mid-Town Sanitary Sewerage District and Western Sanitary Sewerage District) shall be assessed against the lands and real estate benefited thereby and such assessment shall bear interest and penalties for the same time and at the same rate as assessments for local improvements in the District and from the date of confirmation shall be a first and paramount lien upon the respective lands and real estate assessed to the same extent, and shall be enforced and collected in the same manner, as assessments for local improvements.
b. 
All costs for the creation and establishment of the Mid-Town Sanitary Sewerage District and the Western Sanitary Sewerage District and for the cost of construction of the sanitary sewerage systems hereto-fore assessed against the lands and real estate benefited thereby and such other assessments shall be preserved and shall from the date of confirmation be a first and paramount lien on the respective lands and real estate assessed, to the same extent, and shall be enforced and collected in the same manner as assessments for local improvements.
[Ord. No. 1112 § 6]
The expenses of the operation and maintenance of the sanitary sewerage system, disposal works and pumping stations and other necessary adjuncts shall be met by a levy against all of the lands and real estate within the Neptune Township Sewerage District.
[Ord. No. 1112 § 7]
That all future actions and proceedings which may be necessary to be taken by the Township Committee in carrying out and executing the works and purposes contemplated under the provisions of this section and all orders relating thereto may be done and made by resolution.
[Ord. No. 1112 § 8; Ord. No. 1207 § 1; Ord. No. 1383; Ord. No. 1536; Ord. No. 1597 § 1; Ord. No. 00-5 § 1; Ord. No. 07-02 § 1; Ord. No. 07-30 § 1; Ord. No. 08-12 § 1; Ord. No. 11-13 § 1; Ord. No. 13-42; Ord. No. 2017-10]
Use
Rate – Effective 1/1/14
Rate – Effective 1/1/15
Rate – Effective 3/27/17
Single Family private dwelling with no rental rooms
$450.00
$460.00
Single Family private dwelling and garage apartment with no rental rooms or apartments
$900.00
$920.00
Single Family with Mother/Daughter unit with common Entry door
$900.00
$920.00
Two Family private dwelling with no rental rooms or apartments
$900.00
$920.00
Two Family private dwelling and garage apartment with no rental rooms or apartments
$1,350.00
$1,380.00
Multi-family (more than two) dwellings with no rental rooms or apartments - each family unit
$450.00
$460.00
Structures with apartment — each apartment
$450.00
$460.00
Hotels and Motels
$450.00
$460.00
Plus for each rental room
$338.00
$345.00
With bar — up to 100 occupancy
$1,920.00
$1,965.00
Each additional 100 or fraction thereof
$450.00
$460.00
Rooming House
$450.00
$460.00
Plus for each approved rental room
$338.00
$345.00
Rooming House with congregate bathrooms
$450.00
$460.00
Plus for each approved rental room
$225.00
$230.00
Barber and Beauty Shop
$450.00
$460.00
$460.00
Plus for each chair
[Ord. No. 2017-10]
$338.00
$345.00
$100.00
Commercial Business
One toilet
$450.00
$460.00
Each additional four (4) toilets or fractions thereof
$450.00
$460.00
Industrial (Exclusive of Industrial Wastes)
One toilet
$900.00
$920.00
Each additional four (4) toilets or fractions thereof
$450.00
$460.00
Churches
$450.00
$460.00
Service Stations
$900.00
$920.00
Automotive Repair / No Fuel
$900.00
$920.00
Service Station with garage
$1,350.00
$1,380.00
Service Station and garages with wash rack
$1,800.00
$1,840.00
Bar — up to 100 occupancy
$1,920.00
$1,965.00
Each additional 100 or fraction thereof
$450.00
$460.00
Nursing Homes (including convalescent centers, etc.)
$450.00
$460.00
Plus for each hospital or nursing home bed
$338.00
$345.00
Restaurant /No Bar
First 25 occupancy
$900.00
$920.00
Each additional 25 occupancy or fraction thereof
$450.00
$460.00
Restaurant with Bar
Up to 100 occupancy
$1,920.00
$1,965.00
Each additional 100 or fraction thereof
$450.00
$460.00
Laundries
Plus $7.00 per 1,000 gallons or fraction thereof based on 65% of water gallonage consumed
$450.00
$460.00
Laundromats
Plus $7.00 per 1,000 gallons or fraction thereof based on 65% of water gallonage consumed
$450.00
$460.00
Hospitals (including extended care facilities)
Plus $7.00 per 1,000 gallons or fraction thereof based on 65% of water gallonage consumed
$450.00
$460.00
Soda Bottling Companies
Plus $7.00 per 1,000 gallons or fraction thereof
$450.00
$460.00
Schools (Public, Parochial, etc.)
Plus $8.30 per student based on average daily enrollment on November 30 of prior year. All charges based on each individual school building so occupied
$450.00
$460.00
Automatic Car Wash
Plus $7.00 per 1,000 gallons of water used or fraction thereof
$450.00
$460.00
Car Wash with Recycling System
Plus $3.50 per 1,000 gallons of water used or fraction thereof
$450.00
$460.00
Utility
Plus $12.00 per 1,000 gallons of metered flow into sewer system plus costs of calibration and reading of meter
$3,600.00
$3,680.00
Buildings or facilities used by various non-profit, public, private and civic organizations, including but not limited to fire companies, first aid squads, veterans' organizations, Social clubs, lodges and fraternal organizations, etc. (Per annum)
$450.00
$460.00
Said organizations holding a liquor license an additional sum of:
$900.00
$920.00
[Ord. No. 1112 § 8; Ord. 11-13 § 2]
a. 
Where the annual rate to be paid for use of the sewer system is based on the number of gallons of water consumed then said annual rate is to be determined by the number of gallons of water used up to and including December 31 of the preceding year.
The number of gallons used in the preceding year is to be certified by the user to the Township on or before January 15 of each year.
Whenever the certification required by this subsection is not given by the user to the Township by January 15, the Tax Collector may estimate the basis for this calculation at a rate of one hundred fifty (150%) percent of the previous year certification, in addition to assessing a penalty for failure to submit certification in the amount of one hundred ($100.00) dollars which shall be added as a service charge to the sewer bill of that particular user.
b. 
Where the annual rate to be paid for the use of the sewer system is based on the number of beds contained in a particular hospital, nursing home and/or convalescent center, the number of beds is to be certified to the Township by the hospital, nursing home or convalescent center involved on or before January 15. When the certification is not obtained on or before January 15, the Tax Collector may estimate the basis for this calculation at a rate of one hundred fifty (150%) percent of the previous year certification, in addition to assessing a penalty for failure to submit certification in the amount of one hundred ($100.00) dollars which shall be added as a service charge to the sewer bill of the particular user.
c. 
Where the annual rate to be paid for use of the sewer system is based on the number of pupils the rate is determined by the average number of pupils located in an individual school building on November 30 of the preceding year. The number of pupils is to be certified to the Township on or before January 15. When the certification is not received by January 15, the Tax Collector may estimate the basis for this calculation at a rate of one hundred fifty (150%) percent of the previous year certification, in addition to assessing a penalty for failure to submit certification in the amount of one hundred ($100.00) dollars which shall be added as a service charge to the sewer bill of that particular school building.
d. 
The sewer charge, in all cases not covered by this subsection or where the use of property is not permitted by the Zoning Ordinance of the Township or where a special use permit is required or for any industrial use which produces a waste material to be discharged into the sewer system, shall be established by the Township Committee by separate contract and in such amount as would be proportionate to its use of the sanitary sewer system.
e. 
All use charges set by this section shall be reviewed and revised periodically to reflect the actual costs of the treatment works operation.
f. 
The terms and conditions of any agreement or contract between the Township and a sewer user that pertains to the reservation of capacity or to the charges to be collected that are inconsistent with Federal regulations shall be disregarded and shall be of no legal effect.
g. 
The cost of operation and maintenance for the flow not attributable to the user (that is, due to infiltration and/or inflow, if any), shall be distributed among the various classes of users and shall be included in the charges set by this section.
[Ord. No. 1112 § 9; Ord. No. 11-13 § 3]
a. 
The sewer rental shall be payable to the Collector of Taxes; semi-annually in advance, on or before March 1 and September 1 of each year.
b. 
If the sewer rental imposed hereby is not paid within thirty (30) days from the date due, the same shall become delinquent and shall bear interest thereon at the same rate charged against delinquent taxes in the Township and shall become a lien on the property and shall be collectible as in the case of other municipal taxes, charges or liens.
See subsection 11-5 of this Code for provisions concerning payment of delinquent sewer rentals as a condition for issuance of a Certificate of Occupancy.
c. 
Whenever sewer service to any property begins after the first day or terminates before the last day of any semi-annual period, the charge will be for that portion of the period during which the property is served. Sewer service charges are effective as of the date of issuance of the original Certificate of Occupancy or Temporary Certificate of Occupancy.
d. 
Upon termination or change of sewer service as a result of demolition of a structure or the abandonment or change of use, sewer rent shall be payable for the balance of the semi-annual period in effect as of the date of confirmation of service termination or change by the Neptune Township Sewer Department to the Neptune Township Tax Collection Department. It is incumbent upon the property-owner to schedule an inspection with the Neptune Township Sewer Department to confirm termination or change of service. Failure to attain this inspection will result in continued charges until an inspection is conducted.
[Ord. No. 1128 § 1]
At least annually each user shall be sent a bill for the annual sewer rental or charge for the use of the sewerage system of the Township, which shall set forth that portion of the user charge attributable to waste water treatment services (operation and maintenance) costs.
[Ord. No. 1128 § 1]
The Township will maintain sanitary sewerage facilities for the minimum period of time required under the United States Environmental Protection Agency Rules and Regulations by raising money to maintain the system during this period.
[Ord. No. 1128 § 1]
The Authority's present user charge system is uniform for each class of users and further provides uniformity among the various classes of users so that each class of users pays its proportionate share of operation and maintenance (including replacement costs) of the sanitary sewerage facilities. All of the charges for each separate class is based upon that class of users proportionate contribution to the total waste water loading from all users and is proportionately equal.
[Ord. No. 1069 Preamble; Ord. No. 1520 Preamble]
The Township is a member of the Township of Neptune Sewerage Authority and as a member thereof, is subject to the rules and regulations of said Sewerage Authority.
The Township, with the aid of Federal and State funds, has constructed sewer lines, force mains and pumping stations as part of its municipal sewer system.
It is necessary for the Township to regulate the use of its municipal sewer system by residential, commercial and industrial users in order to insure compliance with the rules and regulations of the Township of Neptune Sewerage Authority and the Statutes, rules and regulations of the State and Federal Governments.
[Ord. No. 1069 A. I; Ord. No. 1335 § 1; Ord. No. 1520 A. I]
As used in this section:
BUILDING DRAIN
Shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5') feet outside the inner face of the building wall.
BUILDING SEWER
Shall mean the extension from the building drain to the public sewer or other place of disposal. This is also referred to as "house connection" or "lateral."
[Amended 5-18-2020 by Ord. No. 20-10]
ESTABLISHED LOT
Shall mean a subdivided parcel of land which is shown and numbered as a separate on the official Tax Map of the Township and for which a sewer assessment was originally established and paid.
GARBAGE
Shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
INDUSTRIAL WASTES
Shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
NATURAL OUTLET
Shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW SEWER UNIT
Shall mean any unit, residential or commercial, being established as the result of construction upon any parcel not previously assessed for sewer construction within the Municipal Sewer Collection System, or sewer units created on any parcel as the result of a major or minor subdivision, variance, or site plan approval which expanded the permitted use as established at the time of the original sewer construction assessment.
PERSON
Shall mean any individual, firm, company, association, society, corporation or group.
SANITARY SEWER
Shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
SEWER COLLECTION SYSTEM
Shall relate to the entire Neptune Sewer Collection System, excepting that system located within the Historic District of Ocean Grove, and including all pipes, connections, rights-of-way, pumping facilities, maintenance equipment necessary to convey neighborhood sewage to the facilities of the Township of Neptune Sewerage Authority for treatment.
SEWER CONNECTION FEE/INITIAL SERVICE CHARGE
Shall mean that initial payment to be paid to the Neptune Sewerage Utility owned, maintained and operated as a separate sewer utility by the Township.
SEWER UNIT
Shall mean and be defined as follows:
a. 
Residential.
1. 
Residential dwelling with kitchen facilities shall include:
(a) 
Single family dwelling;
(b) 
Multi-family dwelling (each unit);
(c) 
Mobile home (does not include transient or campgrounds).
2. 
Residential dwelling without kitchen facilities shall include for each unit:
(a) 
Hotel;
(b) 
Motel;
(c) 
Boarding house;
(d) 
Cottage;
(e) 
Tourist cabin.
3. 
Churches, fraternal organizations, service organizations, public buildings and schools.
4. 
A unit is defined as consuming seventy-five thousand (75,000) gallons of water per year. Each separate establishment shall, in the minimum, equal one (1) unit.
b. 
Commercial.
1. 
A unit is defined as consuming seventy-five (75,000) gallons of water per year. Each separate unit shall, in the minimum, equal one (1) unit.
c. 
Industrial.
1. 
A unit is defined as consuming seventy-five thousand (75,000) gallons of water per year. Each separate industrial establishment shall, in the minimum, equal one (1) unit.
STORM DRAIN (SOMETIMES TERMED STORM SEWER)
Shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
WASTEWATER
Shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater that may be present.
[Ord. No. 1069 A. II; Ord. No. 1520 A. II; Ord. No. 96-11 A.I-X; Ord. No. 97-30 §§ 1, 2]
The rules and regulations established by the Township of Neptune Sewerage Authority for use of its facilities and the wastewater treatment plant by municipalities and/or customers that supply sewerage for treatment is hereby enacted and established for the Township of Neptune together with all amendments and supplements thereto. A copy of rules and regulations together with any amendments and supplements are attached hereto and made a part hereof without the inclusion of text thereof herein. Three (3) copies of the rules and regulations entitled "Township of Neptune Sewerage Authority, Monmouth County, New Jersey, Sewer Use, Rules and Regulations" together with the amendments and supplements similarly entitled have been placed on file in the Office of the Township Clerk upon the introduction of this chapter and will remain on file in such office for the use and examination of the public.
[Ord. No. 1207; Ord. No. 1383; Ord. No. 1536 § 1; Ord. No. 08-12 § 1]
Use
Rate – Effective 1/1/08
Rate – Effective 1/1/09
Single-family private dwelling with no rental rooms
$400.00
$410.00
Single-family private dwelling and garage apartment with no rental rooms or apartments
$800.00
$820.00
Two-family private dwelling with no rental rooms or apartments
$800.00
$820.00
Two-family private dwelling and garage apartment with no rental rooms or apartments
$1,200.00
$1,230.00
Multi-family (more than two) dwellings with no rental rooms or apartments—each family unit
$400.00
$410.00
Structures with apartment—each apartment
$400.00
$410.00
Hotels and Motels, plus $312.00 for each rental room with bar
$400.00
$410.00
Up to 100 occupancy
$1,700.00
$1,750.00
Each additional 100 or fraction thereof
$400.00
$410.00
Rooming House, plus $312.00 for each rental room
$400.00
$410.00
Barber and Beauty Shop, plus $312.00 for each chair
$400.00
$410.00
Commercial Business
One (1) toilet
$400.00
$410.00
Each additional four (4) toilets or fractions thereof
$400.00
$410.00
Industrial (Exclusive of Industrial Wastes)
One (1) toilet
$800.00
$820.00
Each additional four (4) toilets or fractions thereof
$400.00
$410.00
Churches
$400.00
$410.00
Service Stations
$800.00
$820.00
Automotive Repair/No Fuel
$800.00
$820.00
Service Station with garage
$1,200.00
$1,230.00
Service Station and garages with wash rack
$1,600.00
$1,640.00
Bar
Up to 100 occupancy
$1,700.00
$1,750.00
Each additional 100 or fraction thereof
$400.00
$410.00
Nursing Homes (including convalescent centers, etc.), plus $295.00 for each hospital or nursing home bed
$400.00
$410.00
Restaurant/No Bar
Up to 25 occupancy
$800.00
$820.00
Each additional 25 occupancy or fraction thereof
$400.00
$410.00
Restaurant with Bar
Up to 100 occupancy
$1,700.00
$1,750.00
Each additional 100 or fraction thereof
$400.00
$410.00
Laundries Plus $6.10 per 1,000 gallons or fraction thereof based on 65% of water gallonage consumed
$400.00
$410.00
Laundromats plus $6.10 per 1,000 gallons or fraction thereof based on 65% of water gallonage consumed
$400.00
$410.00
Hospitals (including extended care facilities) plus $610 per 1,000 gallons or fraction thereof based on 65% of water gallonage consumed
$400.00
$410.00
Soda Bottling Companies plus $6.10 per 1,000 gallons or fraction thereof
$400.00
$410.00
Schools (Public, Parochial, etc.) plus $7.50 per student based on average daily enrollment on November 30 of prior year. All charges based on each individual school building so occupied
$400.00
$410.00
Automatic Car Wash plus $6.10 per 1,000 gallons of water used or fraction thereof
$400.00
$410.00
Car Wash with Recycling System plus $3.05 per 1,000 gallons of water used or fraction thereof
$400.00
$410.00
Utility plus $9.35 per 1,000 gallons of metered flow into sewer system plus costs of calibration and reading of meter
$3,200.00
$3,280.00
Buildings or facilities used by various non-profit, public, private and civic organizations, including but not limited to fire companies, first aid squads, veterans' organizations, social clubs, lodges, and fraternal organizations, etc. (per annum)
$400.00
$410.00
Said organizations holding a liquor license an additional sum of:
$800.00
$820.00
[Ord. No. 1069 A. III; Ord. No. 1360 § 2; Ord. No. 1520 A. III; Ord. No. 10-23 § 1; Ord. No. 10-44]
a. 
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the Township and abutting on any street, alley or right-of-way in which there is now located or may in future be located a public sanitary sewer is hereby required at the owners' expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety (90) days after the date of official notice to do so, provided that the public sewer is within one hundred (100') feet of the property line.
If the property is an existing residential home that is currently connected to a septic system, the owner shall have one (1) year after the date of official notice to connect to the public sewer system.
1. 
Exception. An exception to the aforesaid provision requiring connection to the Township facilities is for single-family residences who have toilets now installed prior to the date of this ordinance (Ordinance No. 10-44, adopted November 22, 2010) and where such single-family residences are too low to permit gravity flow to the public sewer and a public pumping station is not available for the sewer to be lifted to the sewer main and where a private pump or lift purchased by the homeowner would cause an undue hardship as determined by the Township. In such cases, aforesaid, use of public sewers are not required, though permitted, as long as existing sewer disposal through private septic system is provided in accordance with the Rules and Regulations of the local Board of Health and are not in violation of regulations of the New Jersey Department of Environmental Protection.
b. 
It shall be unlawful to discharge to any natural outlet within the Township in any area under the jurisdiction of the Township of Neptune Sewerage Authority, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
c. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
d. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Township or in any area under the jurisdiction of the Township of Neptune Sewerage Authority, any human or animal excrement, garbage or objectionable waste.
e. 
All connections directly or indirectly to the local municipal sanitary sewer lines, for sump pumps, roof leaders, areaway drains, swimming pools, ornamental ponds, water cooled refrigeration and air conditioning units, fire sprinkler systems and any other similar connections, are prohibited.
f. 
All existing connections, directly or indirectly to the local municipal sanitary sewer lines as heretofore stated above, shall be disconnected and physically cut off no later than May 1, 1979.
g. 
An application on an approved form and plans to disconnect and to physically cut off the connections as heretofore stated above to the local municipal sewer lines shall be filed with the Plumbing Subcode Official of the Township. The application and plans shall be reviewed by the Plumbing Subcode Official and after approval thereof, the permit shall be issued. A fee shall be set as established by ordinance. All work shall be performed in accordance with applicable State codes and municipal rules, regulations and ordinances.
[Ord. No. 1069 A. IV; Ord. No. 1520 A. IV]
a. 
Where a public sanitary sewer is not available under the provisions of subsection 16-3.5a above, the building sewer shall be connected to a subsurface disposal system complying with the provisions of this subsection, and constructed and installed in compliance with the provisions of N.J.A.C. 7:9A-1.1 et seq. "Standards for Individual Subsurface Sanitary Disposal Systems."
b. 
Before commencement of construction of a disposal system, the owner shall first obtain a written permit signed by the Health Officer.
The application for such permit shall be made on a form furnished by the Township, which the applicant shall supplement with any plans, specifications or other information as are deemed necessary by the Township Engineer. A permit and inspection fee as established by ordinance shall be paid to the Township at the time the application is filed.
c. 
A permit for a subsurface disposal system shall not become effective until the installation is completed to the satisfaction of the Health Officer. The Health Officer or his authorized agent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Health Officer when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of the notice by the Health Officer.
d. 
The type, capacities, location, and layout of a subsurface disposal system shall comply with all recommendations of the Department of Environmental Protection of the State of New Jersey. No permit shall be issued for any subsurface disposal system employing subsurface soil absorption facilities where the area of the lot is less than two thousand five hundred (2,500) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
e. 
At such time as a public sewer becomes available to a property served by a subsurface disposal system, as provided in paragraph a above, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this subsection and any septic tanks, cesspools, and similar subsurface disposal facilities shall be cleaned of sludge and filled with suitable material.
f. 
The owner shall operate and maintain the subsurface disposal facilities in a properly operating manner at all times, at no expense to the Township.
g. 
No statement contained in this subsection shall be construed to interfere with any additional requirements that may be imposed by the Health Officer or the Plumbing Subcode Official.
[Ord. No. 1069 A.V; Ord. No. 1335 § 2; Ord. No. 1360 § 3; Ord. No. 1520 A. V; Ord. No. 97-1 §§ 1, 2; Ord. No. 07-06 § 1; Ord. No. 10-23 § 2]
a. 
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining approval from the Collection System Operator.
b. 
There shall be two (2) classes of building sewer permits: 1. For residential and commercial service; and 2. For service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the Township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Plumbing Subcode Official. A permit and inspection fee as established by ordinance for residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the Township at the time the application is filed.
c. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Township from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
d. 
A separate and independent building sewer shall be provided for every building except where one (1) building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one (1) building sewer, but the Township does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
e. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and tests, by the Collection System Operator, to meet all requirements of this chapter.
f. 
The size, slope, alignment, materials of construction of a building's sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Township. In the absence of Code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
g. 
Whenever possible, the building sewer shall be brought to an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted up by an approved means and discharged to the building sewer.
h. 
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Plumbing Subcode Official for purposes of disposal of polluted surface drainage.
i. 
The connection of the building sewer into the public sewer shall conform to requirements of the Building and Plumbing Code or other applicable rules and regulations of the Township, or the procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Subcode Official before installation.
j. 
The applicant for the building sewer permit shall notify the Collection System Operator when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Collection System Operator or his representative with a minimum of a twenty-four (24) hour notice.
k. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Township.
l. 
1. 
For application where sewer mains are present, the following procedures shall apply:
(a) 
Prior to the Township allowing a new connection into its street sewer or lateral or other sewerage facility, there shall be filed with the Township Construction Department for each new sewer unit an application for a connection, together with a remittance in payment of the initial service fee as follows:
(1) 
For a residential dwelling with kitchen facilities, the initial connection fee shall be the sum of $1,500.00 per unit for each of the following units:
[a] 
Single family dwelling;
[b] 
Multi-family dwelling (per unit);
[c] 
Mobile home (does not include transient or campgrounds).
(2) 
For residential dwelling units without kitchen facilities, the initial connection fee shall be the sum of $750.00 per unit for each of the following units:
[a] 
Hotel;
[b] 
Motel;
[c] 
Boarding house;
[d] 
Cottage;
[e] 
Tourist cabin.
In the event that any of the aforesaid units have kitchen facilities, the connection fee shall be at the rate of $1,500.00 per unit.
(3) 
For churches, fraternal organizations, service organizations, public buildings and schools, the initial connection fee shall be the sum of $1,500.00 for each separate structure. Each separate church, fraternal organization, service organization, public building or school, shall, in the minimum, equal one (1) unit. One (1) unit shall equal 75,000 gallons of water consumption per year. In the event that water consumption will exceed 75,000 gallons per year, then the connection fee shall be $1,500.00 (one (1) unit) for each 75,000 gallons of water consumption per year. The number of excess units shall be calculated in tenths of a unit. Water consumption shall be determined by an Architect, Engineer or Plumbing Contractor licensed and/or registered by the State of New Jersey.
(4) 
For all commercial or industrial uses or for uses not covered as set forth in above paragraphs (1), (2) and (3), the initial connection fee shall be the sum of $1,500.00 for each separate commercial, industrial or other establishment. Each separate commercial, industrial, or other establishment, shall, in the minimum, equal one (1) unit. One (1) unit shall equal 75,000 gallons of water consumption per year. In the event that water consumption will exceed 75,000 gallons per year, then the connection fee shall be $1,500.00 (one (1) unit) for each 75,000 gallons of water consumption per year. The number of excess units shall be calculated in tenths of a unit. Water consumption shall be determined by an Architect, Engineer or Plumbing Contractor licensed and/or registered by the State of New Jersey.
(b) 
The initial service fee shall be paid by remitting the full charge with the sewer connection application in conjunction with or prior to the submission of the application for building permit. In the event that the initial service fee is not paid within ten (10) days from its due date, then interest will accrue and be due to the Municipality on the unpaid balance at the rate of one and one-half (1 1/2%) percent per month from the due date until such initial service fee, and the interest thereon, shall be fully paid to the Municipality. All charges and interest shall be transmitted to the Neptune Tax Collector to be deposited in the Neptune Sewerage Utility Account.
2. 
For applications where sewer mains are not present, the following procedures shall apply:
(a) 
Prepayment of the initial service fee shall be allowed so long as tentative approval of the application has been granted by the Planning Board or Board of Adjustment considering the recommendations of the Township Engineer and the Engineer's recommendation has been adopted by the approval authority. If prepayment is made, it shall be conditioned upon the issuance of a building permit by the Township for the project in question. This building permit must be issued within one (1) year of the prepayment date. The applicant must pay any increase in the amount of the initial service fee in effect at the time of connection of the unit to the sewer collection system in excess of that which was in effect at the time the prepayment was made.
3. 
For applications where sewer mains are not present and a NJDEP Permit to Construct Sanitary Sewers has been issued, the following procedures shall apply:
(a) 
The initial service fee shall be in the amount set forth in subsection 16-3.7b. The initial service charge may be paid immediately upon the receipt by the Municipality of a permit to construct sanitary sewers from NJDEPE for the application in question, but may be paid prior to obtaining a building permit. Under no circumstances shall a building permit be issued until the related sewer connection fee or initial service fee is paid.
(b) 
In the event that the initial service fee is not paid within ten (10) days from its due date, then interest will accrue and be due to the Township on the unpaid balance at the rate of one and one-half (1 1/2%) percent per month from the due date until such initial service fee, and the interest thereon, shall be fully paid to the Township.
4. 
For applications where a residential structure is currently on a septic system and sewer mains have been installed, the following procedures shall apply:
(a) 
All of the provisions of this chapter shall apply except that the owner of such residential dwelling shall have the option to pay the initial connection fee as promulgated in subsection 16-3.7l,1(a)(1) under the following installment plan: one-third (1/3) at the time of application to connect to the public sewer system, one-third (1/3) within one (1) year of the date of the Township permit to connect to the public sewer system, one-third (1/3) within two (2) years of the date of the Township permit to connect to the public sewer system.
[Ord. No. 1069 A. VI; Ord. No. 1520 A. VI]
a. 
No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas which may be polluted at times, may be discharged to the sanitary sewer by permission of the Township of Neptune Sewerage Authority.
b. 
Stormwater other than that exempted under paragraph a above and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Plumbing Subcode Official and any other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged on approval of the Health Officer, to a storm sewer or natural outlet.
c. 
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
2. 
Any waters 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 waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.
3. 
Any waters or wastes having pH lower than 5.5 or higher than 8.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
4. 
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 wastewater facilities such as, but not limited to, ashes, bones, 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.
d. 
The following described substances, materials, waters, or waste shall be limited in discharge to Neptune's municipal system to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Township of Neptune Sewerage Authority may set limitations lower than the limitations established in the regulations below if in its opinion as to the acceptability, such more severe limitations are necessary to meet the above objectives. The Plumbing Subcode Official and the Collection System Operator will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Sewer Authority are as follows:
1. 
Wastewater having a temperature higher than one hundred fifty (150°F) degrees Fahrenheit [sixty-five (65°C) degrees Celsius].
2. 
Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, non-biodegradable cutting oils, or product of mineral oil origin.
3. 
Wastewater from industrial plants or food establishments of any size containing floatable oils, fat or grease.
4. 
Any garbage that has not been properly shredded, that is, where the particles cannot be carried freely under the flow of conditions normally prevailing and where the particles are greater than one and one-half (1 1/2") inches in any dimension. Garbage grinders may be connected to sanitary sewers from hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
5. 
Any water or waste containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the waste-water treatment works exceeds the limits established by the Sewer Authority for such materials.
6. 
Any waters or wastes containing odor producing substances exceeding limits which may be established by Sewer Authority.
7. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Sewer Authority in compliance with applicable State or Federal regulations.
8. 
Quantities of flow, concentrations or both which constitute a "slug" that is any discharge of water or wastewater which in concentration of any given constituent or a 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 or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
9. 
Waters or waste containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
10. 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
e. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers which waters contain the substances or possess the characteristics enumerated in paragraph d and which in the judgment of the Plumbing Subcode Official, Collection System Operator, Health Officer and/or the Sewer Authority, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Plumbing Subcode Official, Collection System Operator, or Health Officer may:
1. 
Reject the wastes;
2. 
Require pretreatment to an acceptable condition for discharge to the public sewers;
3. 
Require control over the quantities and rates of discharge; and/or
4. 
Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charged.
When considering the above alternatives, the Plumbing Subcode Official and/or Health Officer, shall give consideration to the economic impact of each alternative on the discharger. If the Plumbing Subcode Official permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Township of Neptune Sewerage Authority.
f. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Subcode Official and/or the Township of Neptune Sewerage Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in subsection 16-3.8d3, 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 Subcode Official and the Sewer Authority and shall be located so as to be readily and easily accessible for cleaning and inspection. The owner(s) shall be responsible for the maintaining of these interceptors, and for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Plumbing Subcode Official and/or the Township of Neptune Sewerage Authority. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms.
g. 
Where pretreatment or flow equalizing facilities are provided or required by the Plumbing Subcode Official, Collection System Operator or the Township of Neptune Sewerage Authority for any water or waste, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
h. 
When required by the Township of Neptune Sewerage Authority, the owner of any property serviced by a building sewer carrying industrial wastes, shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, testing and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Plumbing Subcode Official, the Collection System Operator and the Township of Neptune Sewerage Authority. The structure 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.
i. 
The Plumbing Subcode Official, the Collection System Operator and/or the Sewerage Authority may require a user of sewer services to provide information needed to determine compliance with this chapter. The requirements may include:
1. 
Wastewater discharge peak rate and volume over a specified time period.
2. 
Chemical analyses of wastewaters.
3. 
Information on raw materials, processes, and products affecting wastewater volume and quality.
4. 
Quantity and disposition of specific liquid, sludge, oil solvents, or other materials important to sewer use control.
5. 
A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
6. 
Details of wastewater pretreatment facilities.
7. 
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
j. 
All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined by standard methods of a New Jersey certified laboratory. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval.
k. 
No statement contained in this subsection shall be construed as preventing any special agreement or arrangement between the Sewer Authority and any industrial concern whereby any industrial waste of unusual strength or character may be accepted by the Sewer Authority for treatment.
[Ord. No. 1069 A. VII; Ord. No. 1520 A. VII]
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
[Ord. No. 1069 A. VIII; Ord. No. 1520 A. VIII]
a. 
The Plumbing Subcode Official, the Health Officer, the Collection System Operator, and other duly authorized employees of the Township, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.
b. 
The Plumbing Subcode Official, the Health Officer, the Collection System Operator and/or the Sewer Authority or any duly authorized personnel thereof, are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelations to the public of the information in question might result in an advantage to competitors.
c. 
While performing the necessary work on private properties referred to in paragraph a above, the Health Officer, the Collection System Operator, the Plumbing Subcode Official and other duly authorized employees of the Township shall be permitted to enter all private properties through which the Township holds a duly negotiated easement for the purpose of but not limited to, inspections, observations, measurements, sampling, repair, and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in pertaining to the private property involved.
[Added 5-18-2020 by Ord. No. 20-10]
a. 
The Township shall not be responsible for maintaining any portion of the building sewer (lateral) from the property owners' building to the sewer main, or for damage done by sewer escaping there from, or from lines or fixtures on the customer's property. The customer shall at all times comply with applicable regulations with respect thereto and make changes that are required. All connections, buildings sewers, and fixtures from the main (laterals) to the building shall be maintained by the customer in good order. All leaks in the building's sewer from the main to the building sewer line (lateral), or in a fixture in the premises served, must be repaired immediately by the owner or occupant of the premises at his/her/its sole expense.
b. 
The customer shall be responsible for notifying the Township of the party contracted to do any work in the customer's building sewer (lateral) prior to work being commenced and said contractor shall not backfill any trench until the work has been inspected by the Township's representative or Plumbing Code Official. Any work not acceptable shall be immediately removed and replaced by work which is acceptable.
[Ord. No. 1069 A. IX; Ord. No. 1335 § 2; Ord. No. 1520 A. IX; amended 5-18-2020 by Ord. No. 20-10]
a. 
Any persons, firm or corporation who shall violate the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Further, each day that a violation exists, shall constitute a separate violation under the terms of this chapter.
b. 
Liens and Enforcement.
1. 
In the event that an initial service charge related to any parcel of real property owned by any person, corporation or other entity other than the State or any agency or subdivision thereof shall not be paid as and when due as hereinabove stated, the unpaid balance thereof and all interest accruing thereon shall be a lien on such parcel, and all such liens shall become enforceable with and as any other municipal lien on real property in the Township in addition to the other remedies of civil foreclosure or any other remedies which may be available to the Township.
2. 
In the event that any service charge of the Township with regard to any parcel of real property shall not be paid as and when due, the Township may enter upon such parcel and cause the connection thereof to be cut and shut off until such service charge and any subsequent service charge with regard to such parcel and all interest accrued thereof, together with a nine hundred ($900.00) dollar reconnection fee, shall be fully paid to the Township, or may avail itself of any and all other remedies.
[Ord. No. 05-46 § 1]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Neptune, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 05-46 § 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 Neptune, 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, man-made channels, or storm drains) that is owned or operated by the Township of Neptune 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, by-product, 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. No. 05-46 § 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 Neptune any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 05-46 § 1]
This section shall be enforced by the Neptune Township Police Department and the Sewer Department Supervisor of the Department of Public Works or his designee.
[Ord. No. 05-46 § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars.
[Ord. No. 1219 Preamble; Ord. No. 1670 Preamble]
The Superior Court of New Jersey, Chancery Division, on November 27, 1972, in the matter of State of New Jersey Department of Environmental Protection vs. Township of Neptune under Docket No. C-133-72, ordered the Township to regionalize its sewerage system for the benefit of those municipalities located in the Neptune drainage basin.
In accordance with said Order, the Township on December 12, 1972, did enact Ordinance #873 creating the Township of Neptune Sewerage Authority pursuant to R.S. 40:14A-1 et seq., hereinafter referred to as the Authority.
On April 11, 1973, the Ocean Grove Camp Meeting Association entered into a Service Agreement with said Authority and the surrounding municipalities of Neptune, Neptune City, Bradley Beach, and Avon wherein the Authority was to provide secondary sewerage treatment for the sewerage of the several municipalities and in consideration thereof, the several municipalities and Ocean Grove were to pay the Authority their share of the capital improvement and their share of the operation and maintenance of the Authority.
The Ocean Grove Camp Meeting Association in conjunction with the Authority and the several municipalities aforesaid, agreed to abide by the regulations of the Federal E.P.A. and the New Jersey D.E.P. in consideration of grant moneys to upgrade its internal collection system.
The Superior Court, Chancery Division by Order entered on June 24, 1983, in the case of Ocean Grove Camp Meeting Association vs. Township of Neptune, et al., Docket No. C-508279, determined that the Township succeeded to the municipal functions formerly performed by the Ocean Grove Camp Meeting Association and as such, the operation and maintenance of the sewerage system of Ocean Grove is now the obligation of the Township of Neptune.
It has been determined by the Township that the operation and maintenance of the Ocean Grove Sewerage System can be preserved and adequate revenues more readily assured by establishing Ocean Grove as a separate sewerage authority within the Township.
[Ord. No. 1219 § 1; Ord. No. 1670 § 1]
There is hereby created and established for the area known as Ocean Grove within the Township of Neptune, a sewerage authority, a body corporate and politic under the name of "The Ocean Grove Sewerage Authority" hereinafter referred to as the Sewerage Authority pursuant to N.J.S.A. 14A-1 et seq.
[Ord. No. 1219 § 2; Ord. No. 1670 § 2]
The purpose of the Sewerage Authority is to assure the proper collection of sewerage and other wastewater originating in Ocean Grove, the treatment thereof by the Township of Neptune Sewerage Authority and to provide for payment of the cost and expense in connection therewith.
[Ord. No. 1219 § 3; Ord. No. 1670 § 3; Ord. No. 04-07 § 4]
a. 
The governing body of the Ocean Grove Sewerage Authority shall consist of five (5) members called Commissioners, who shall be residents of the Ocean Grove section of the Township of Neptune and who shall be appointed for a term of five (5) years by resolution of the Township Committee.
b. 
The members first appointed shall be designated to serve for a term respectively expiring on the first day of the first, second, third, fourth and fifth Februaries next ensuing after the date of their appointment.
c. 
Thereafter on January 1 or at the annual reorganization meeting as scheduled by the Township Committee, in each year after such first appointments, one (1) person shall be appointed as a member of the Sewerage Authority to serve for a term commencing on February 1, in each year and expiring on February 1 in the fifth year after his appointment.
d. 
In the event of a vacancy in the membership of the Sewerage Authority occurring during an unexpired term of office, a person shall be appointed as a member of the Sewerage Authority to serve for such unexpired term.
e. 
The members of the Sewerage Authority on or after February 1 in each year, shall elect annually from among its members, a Chairman, Vice Chairman and Secretary who shall hold office until February 1 next ensuing and until their successors have been appointed and have qualified. The Sewerage Authority may also appoint and employ an Executive Director, an Engineer, and an Attorney, and it shall determine their qualifications, terms of office, duties and compensation.
f. 
The Sewerage Authority shall cause an annual audit to be made of its accounts and for this purpose shall employ a registered municipal accountant of New Jersey. The audit shall be completed and a copy filed with the Sewerage Authority, the Township of Neptune, the Township of Neptune Sewerage Authority and with the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs in the form and in the time required by the Local Authorities Fiscal Control Law, Chapter 313, Laws of 1983.
g. 
The prohibition of employment practices (Chapter 9, subsection 9-1.22 of this Code) shall be added to the Code governing the Ocean Grove Sewerage Authority, so that the foregoing shall apply to the appointment of members to the Ocean Grove Sewerage Authority as made by the Neptune Township Committee and/or Mayor of Neptune Township, and to all hiring or appointments of any and all employees within the Authority made by the members of the Authority.
[Ord. No. 1219 § 4; Ord. No. 1670 § 3; Ord. No. 04-10 § 2; Ord. No. 06-41 § 1; Ord. No. 10-03 § 1]
All Commissioners shall serve without compensation. Commissioners shall also be ineligible for enrollment in any New Jersey State Health Benefits Program, any other health benefits program, any drug prescription program or any dental program.
[Ord. No. 1219 § 5; Ord. No. 1670 § 5]
The Commissioners of the Sewerage Authority shall have all the rights and powers within said Sewerage Authority which are conferred upon a township relative to the establishment of and the maintenance and repair to sewers and sewerage systems subject nevertheless to the terms and conditions of the Service Agreement with the Township of Neptune Sewerage Authority dated April 11, 1973, the amendments thereto dated February 18, 1975, the agreement with the Township of Neptune Sewerage Authority dated March 8, 1976 to abide by the conditions of the Grant Agreement with the Federal EPA and the New Jersey DEP; the agreement between the Ocean Grove Camp Meeting Association and the Township of Neptune dated March 27, 1980 and the agreement between the Ocean Grove Sewer District and the Township of Neptune dated March 7, 1994 relative to the cost of operation, maintenance and capital expenditures for the Pennsylvania Avenue Pumping Station. All of said agreements aforesaid together with the amendments and supplements thereto are incorporated herein by reference as though fully set forth at length.
[Ord. No. 1219 § 6; Ord. No. 1670 § 6]
a. 
The cost for capital improvements within the Sewerage Authority or as mandated by terms of the Service Agreement with the Township of Neptune Sewerage Authority or the contracts with the Township dated March 27, 1980 and March 7, 1994, shall be assessed against the lands and real estate benefited thereby in proportion to and not in excess of the benefits conferred as a local improvement in the manner provided in N.J.S.A. 40:56-21 et seq. and such assessments shall bear interest and penalties for the same time and at the same rate as assessments are provided by law for local improvements in the district where they are imposed and from the date of confirmation shall be a just and paramount lien upon the respective lands and real estate assessed, to the same extent and shall be enforced and collected in the same manner as assessment for local improvements. No assessments shall be invalid by reason of failure to receive notice or other informality.
b. 
The cost for the creation and establishment of the Sewerage Authority, the cost of operation and maintenance of the pumping station and sewerage facilities which term includes sewer lines, gravity trunk lines, the comminuter and chlorinators installed or to be installed which are necessary to maintain the sewerage system, shall be met by a user charge assessed and levied against the properties lying and being in the Sewerage Authority in the manner authorized by law.
[Ord. No. 1219 § 7; Ord. No. 1670 § 7]
The Sewerage Authority is hereby authorized to charge, collect rents, rates or user charges and shall certify to the Treasurer of the Township of Neptune, the amount of money to be raised adequate to operate and maintain its sewerage system and to fulfill its contractual obligation for debt service, operation and maintenance to the Township of Neptune Sewerage Authority and to the Township of Neptune in regard to the Pennsylvania Avenue Pumping Station and to establish the rate at which the users within the Sewerage Authority are to be assessed. The Authority shall bill each person within the said Authority's area contracting for such sewer connection or use or service or the owner, lessee or occupant or all of them of any real property which directly or indirectly is connected to the system and the owner, lessee or occupant of any such real property, shall be liable for and shall pay such user charge to said Authority in the same manner as the Authority sewer use charges are assessed and paid, and the money shall be assessed, levied and collected in the same manner as other municipal charges.
Further, all funds shall be maintained with the accounts established for the Authority. All interest earned on investments of funds from the Authority shall remain in the account established for that purpose.
[Ord. No. 1219 § 8; Ord. No. 1670 § 8]
The Sewerage Authority shall prescribe a schedule of rates and shall review and revise the same in accordance with and in the manner set forth in its Service Agreement with the Township of Neptune Sewerage Authority and the Rules and Regulations of the Federal EPA and New Jersey DEP.
The Sewerage Authority shall assess, levy and charge said users of the Ocean Grove Sewerage System for the period from January 1, 1994 to September 30, 1994 at one-half (1/2) the amount assessed, levied and charged said users for the year 1993; that at the end of the nine (9) months' period, the rate for the year 1994 shall be adjusted upward or downward to conform to the 1994 rate as finally determined and the users of the Sewerage Authority shall be billed and the users remit payment thereof in accordance therewith.
Revenue bonds may be authorized by the Authority to provide funds for the construction, acquisition, repair, improvement or extension of the facilities of the Authority or for the refunding of any bonds theretofore issued for such purposes. Such revenue bonds shall be authorized by resolution of the Authority.
[Ord. No. 1670 § 11]
A copy of this section creating and establishing the boundaries of the Ocean Grove Sewerage Authority together with a map showing the location thereof shall be filed in the office of the Clerk of Monmouth County.
[Ord. No. 10-03 § 2]
The Ocean Grove Sewerage Authority Rules and Regulations as adopted, from time to time amended, by the Ocean Grove Sewerage Authority, are made a part of this chapter by reference and shall be applicable with the Ocean Grove Sewerage Authority jurisdiction as if fully set forth at length therein.
A copy of the Rules and Regulations entitled "Ocean Grove Sewerage Authority Rules and Regulations" together with the amendments and supplements similarly entitled have been placed on file in the Office of the Municipal Clerk and will remain on file in such office for the use and examination of the public.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1232 and 1248.
[1]
Editor's Note: Former Section 16-8, Sewer Use Regulations; Ocean Grove Sewerage District, previously codified herein and containing portions of Ordinance Nos. 1233 and 1521.