[Ord. No. 830 § 1]
As used in this section:
Shall mean that charge established by the Borough Council
as a reasonable capital cost recovery component upon the owner or
occupant of the property connected to the Municipal Sanitary Sewerage
System ("Sewerage System") for each service unit attributed to that
connector.
Shall mean the average daily flow of sewage for the average
single family residence which is established as 230 gallons per day
(gpd).
Shall mean the annual charge established by the Borough Council
for the treatment of sewage, which charge may include sewer administration
expenses and a debt service component.
[1]
Editor's Note: Former Subsection 16-1.2, Wastewater Treatment
Plant Sewer Cost Allocation Report, containing portions of Ordinance
No. 830, was repealed in its entirety by Ordinance No. 2001-1262.
[Ord. No. 830 § 3; Ord. No. 92-910 § 1; Ord. No. 93-978 § 1; Ord. No. 95-1007 § 7; Ord. No. 95-1011 § 1; Ord. No. 96-1077 § 1; Ord. No. 97-1116 § 1; Ord. No. 98-1154 § 1; Ord. No. 2000-1227 § 1; Ord.
#2001-1262 § 3; Ord. No. 2003-1300 § 2; Ord. No. 2004-1345 § 1; Ord. No. 04-1373 § 2; Ord. #2012-1699 § 2; Ord. No. 2015-1684 § 2; Ord. No. 2016-1727 § 2; Ord. No. 2019-1796; amended 1-25-2021 by Ord. No. 2021-1871; 2-28-2022 by Ord. No. 2022-1910; 1-23-2023 by Ord. No. 2023-1944]
The following connection fees are hereby established for any
direct or indirect connection to the Sewerage System commencing January
1, 2023:
a.
The connection fee for residential and nonresidential use shall be
$7,200 for each service unit.
b.
Applications for sewer connections shall be made upon forms provided
by the Borough Clerk and the connection fee for new development shall
be paid for at that time. Connection fees for existing residential
dwellings may be paid in equal annual installments over a three-year
period commencing on the date of application for sewer connection
permit and annually thereafter plus 8% interest on the unpaid balance.
In the event any such installment shall remain unpaid for a period
of 30 days after due date, the entire balance shall become immediately
due and payable plus interest at the same rate as delinquent taxes.
Any such unpaid amounts shall become a lien upon the real estate being
serviced and shall be subject to sale and foreclosure in the same
manner as delinquent taxes.
c.
The connection fees outlined above shall be in addition to any Board
of Health permit or inspection fees, street opening permit fee or
other similar fees that may be required for such connections.
[Ord. No. 830 § 4; Ord. No. 91-868 § 1; Ord. No. 91-907 § 1; Ord. No. 93-942 § 2; Ord. No. 94-1007 § 2; Ord. No. 95-1011 § 2; Ord. No. 96-1050 §§ 1-3;
Ord. No. 97-1086 § 1; Ord. No. 97-1116 § 2; Ord. #99-1195
§ 1; Ord. No. 2000-1227 § 2; Ord. No. 2001-1262 § 2;
Ord. No. 2003-1300 § 1; Ord. #2004-1345 § 1; Ord. No. 04-1373
§ 1; Ord. No. 2012-1699 § 1; Ord. No. 2015-1684; Ord. No.
2016-1727; Ord. No. 2019-1796; amended 1-25-2021 by Ord. No. 2021-1871; 2-28-2022 by Ord. No. 2022-1910; 1-23-2023 by Ord. No. 2023-1944]
The following user fees are hereby established for annual use
of the Sewerage System commencing January 1, 2023:
a.
A minimum annual user fee shall be charged for each residential and
nonresidential connection in the amount of $345.
b.
Included within each user fee shall be a facility fee of $345 for
each connection plus a water use component of $500 for each service
unit or additional part thereof prorated.
c.
There are hereby established two classes of sewer use: residential
and nonresidential. Hotels, boarding houses, public buildings, schools,
churches and nonprofit clubs or organizations shall be classified
as nonresidential.
d.
The water use component shall be based upon water bills for the preceding
calendar year. Residential water bills shall be adjusted by utilization
of the 1st and 4th quarters multiplied by two. Residential connections
not serviced by utility water or in those instances of incomplete
utility bill information, water use consumption shall be based upon
actual average use as evidenced by total sampling of available utility
bills.
e.
(Reserved)
f.
Senior citizens shall be eligible for a 25% reduction in the base
fee for their principal residence. For the purpose of this subsection,
senior citizens shall be those residents of the Borough 65 years of
age or older who are registered as same with the Tax Collector.
g.
Where there are two or more separate uses within the same building
as classified above, the full annual charge for all such uses shall
be imposed and paid.
h.
Any nonresidential user not connected to metered water service shall
have the quantity of flow determined by the Borough Engineer.
i.
All nonresidential user fees shall be subject to an upward revision
in accordance with rates herein prescribed and then prevailing when
any enlargement of a connected structure or addition occurs or when
any increase in sewer use of a connected structure occurs which increase
service demand upon sanitary sewerage treatment facilities. No such
revision shall be made except after reasonable notice to the affected
user and an opportunity to be heard.
[Ord. No. 830 § 5; Ord. No. 93-942 § 3]
a.
User charges shall be due and payable twice annually on April 15
and October 15 of each year.
b.
All rates, fees and charges that are not paid when due shall draw
interest on the unpaid balance in the same manner as real estate taxes
and shall become a lien upon the premises being served. The Borough
shall have the same remedies against real estate upon which sewer
rates, fees and charges are delinquent as it has by law for the collection
of taxes on real estate.
[Ord. No. 830 § 6]
a.
All users whose annual service charges are based upon water consumption
shall have the option of installing a meter for the purpose of determining
the volume of sewage attributable to the user. All meters shall be
of a type satisfactory to the Borough Engineer and shall be installed
in a manner approved by the Engineer. The cost of the installation,
maintenance, safekeeping and repair of any meter shall be the responsibility
of the property owner. The property owner shall grant to the Borough,
its agents, and officers, the right of access to such meters at all
reasonable times for the purpose of testing or inspecting the meters.
The user shall thereafter be billed as a metered user.
b.
Annual metered volume shall be converted to service units and shall
be the basis for the user charge in the next succeeding year.
[Ord. No. 830 § 7]
a.
Sewer rates, fees and charges shall be reviewed annually and readjusted
to insure equity among classes of users of the sewer system and to
the extent practicable shall be uniform for the same type, class and
amount of use or service.
b.
The combination of connection fees and user charges shall be such
that the revenues will at all times be adequate to pay that portion
allocated to users of expenses of operation and maintenance of the
Sewerage System, including reserves, insurance, extensions and replacements,
and to pay punctually principal and interest on bonds and to maintain
such reserves or sinking funds therefor as may be required or deemed
necessary or desirable by the Borough Council.
[Ord. No. 92-907 § 2]
Any party aggrieved by the imposition of rates, fees or charges
under this section may appeal a determination made by a municipal
officer to the Mayor and Council, or a subcommittee thereof consisting
of three Council Members appointed by the Mayor for that purpose.
The appeal shall be filed by letter application within the year in
which the imposition of the rate, fee or charge is being questioned.
The matter shall be heard by the Mayor and Council, or its subcommittee,
within a period of 30 days from the date of filing the appeal, at
which time all interested parties will be given an opportunity to
be heard. A disposition shall be made within a period of 15 days after
hearing and, if made by a subcommittee of the Council, shall be deemed
to be the disposition of the Mayor and Council.
[Ord. No. 92-908 § 1]
The Municipal Sanitary Sewerage System heretofore operated by
the Borough of Bernardsville shall be operated as a Municipal Public
Utility as defined in and subject to the provisions of Title 40A of
the Statutes of the State of New Jersey. All rents, rates, fees or
other charges (including periodic service charges, connection fees
or tapping fees) received by the Borough in connection therewith shall
be kept in a fund separate from other Borough revenues to be used
only for the purposes of such Municipal Public Utility.
[Ord. No. 92-908 § 2]
The Municipal Sanitary Sewerage System shall include street
laterals, trunk lines, pumping stations, treatment plant and all other
equipment and facilities under the jurisdiction and maintained by
the Borough of Bernardsville.
[Ord. No. 97-1081 § 1]
No person shall discharge or cause to be discharged any storm
water, surface water, ground water, roof runoff, subsurface drainage,
cooling water or unpolluted industrial process waters to any sanitary
sewer.
[Ord. No. 97-1081 § 1]
Except as hereinafter provided, no person shall discharge or
cause to be discharged any of the following described waters or waste
to any sanitary sewer:
a.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
b.
Any water or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment, constitute
a hazard to humans or animals or create a public nuisance, including
but not limited to cyanides in excess of two milligrams per liter
as CM in the wastes as discharged to the sanitary sewer.
c.
Any waters or wastes having a pH lower than 6.0 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewer works.
d.
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow of sewers or other interference
with the proper operation of the sewage works, such as but not limited
to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground in garbage grinders.
e.
Any liquid or vapor having a temperature higher than 120° F.
f.
Any water or waste which may contain more than 100 mg/l milligrams
per liter by weight of fat, oil, wax or grease, or containing other
substances which may solidify or become viscous at temperatures between
32° F. and 120° F.
g.
Any garbage except for garbage properly shredded in a garbage grinder.
h.
Any water or waste having a flash point lower than 235° F. as
determined by the Tagllabue (Tag) close cup method.
i.
Any ashes, cinders, stones, sand, mud, straw, shavings, or sawdust,
metal, sticks, coarse rubbish, glass, rags, tar, feathers, plastics,
waste rubber, animal guts or tissues, entrails, whole blood, hair,
hides, wood, paunch manure or any other substance likely to damage,
destroy or cause an obstruction to the flow in any sewer or which
may interfere with the proper operation of the sewage works.
j.
Any waters, sewage, or wastes having a pH higher than nine point
zero.
k.
Any waters or wastes containing a toxic, poisonous or radioactive
substance in sufficient quantity to injure or interfere with any sewage
treatment process or to constitute a hazard to humans, animals or
marine life, or create any hazard in the receiving waters. Radioactive
wastes or materials may be discharged into a sanitary sewer if Condition
I and II below are met and if either Condition III or IV is also met,
provided that such discharges are in compliance with applicable State
or Federal regulations.
1.
Condition I: Such wastes must be readily soluble or dispersible in
water.
2.
Condition II: The gross quantity of all radioactive materials so
discharged must not exceed one curie per year.
3.
Condition III: The daily quantity of any radioactive material, if
diluted by the average daily volume of sewage discharged into the
system from the installation, must not exceed the maximum concentration
allowed by regulations of the United States Nuclear Regulatory Commission.
4.
Condition IV: Daily quantities of radioactive materials up to the
maximum permitted by the United States Nuclear Regulatory Commission
may be so discharged, provided that the total monthly quantities,
if diluted by the average monthly volume of sewage discharged from
the installation, do not exceed the concentration permissible under
Condition III above.
l.
Any noxious, malodorous or taste producing gas, vapor or substance,
such as phenols, capable of creating a public or private nuisance,
or which may prove toxic to the sewage treatment processes, or which
may exceed acceptable limits for discharge to receiving waters.
m.
Materials which exert or cause:
1.
Unusual concentrations of inert suspended solids, such as but not
limited to Fuller's earth, lime slurries and lime residues, or of
dissolved solids, such as but not limited to sodium chloride and sodium
sulfate.
2.
Excessive discoloration, such as but not limited to dye wastes and
vegetable tanning solutions.
3.
Unusual BOD, suspended solids, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
4.
Unusual volume of flow as concentration of wastes constituting "sludge".
n.
Waters or wastes containing substances which are amenable to treatment
or reduction by the sewage treatment processes employed or are amenable
to treatment only to such degree that the sewage treatment plant effluent
cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters.
o.
Any substance prohibited by any Federal, State, County or municipal
regulatory agency or governmental body including but not limited to
the Federal Environmental Protection Agency, the New Jersey Department
of Environmental Protection, the Board of Health, as set forth or
determined by the rules, regulations or requirements of such regulatory
agencies or bodies.
p.
Any waters or wastes containing strong acid, iron, pickling wastes
or concentrated plating solutions, whether neutralized or not.
q.
Any waters or wastes containing iron, chromium, arsenic, cadmium,
cyanide, lead, mercury, nickel, selenium, silver, copper, zinc and
similar objectionables or toxic substances or wastes exerting an excessive
chlorine requirements to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the New Jersey Department of Environmental Protection
(NJDEP) for such materials.
r.
Any "repair tank waste", including sludge from holding tanks such
as vessels, chemical toilets, campers, cesspools, trailers and septic
tanks.
s.
Any medical waste.
t.
Any detergents, surface acting agents, or other substances which
may cause excessive foaming at the sewage treatment plant.
[Ord. No. 97-1081 § 1]
a.
The Bernardsville Sewer Plant Operator (Operator) shall have the
right to enter the premises of any user in order to determine whether
the user is complying with all requirements of this ordinance. Users
shall allow the Operator ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
b.
Unreasonable delays in allowing the Operator access to the user's
premises shall be a violation of this section.
c.
If the Operator has been refused access to a building, structure,
or property, or part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this section, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program to verify compliance with this section,
or to protect the overall public health, safety and welfare of the
community, then the Operator may seek issuance of a search warrant
from the Bernardsville Municipal Court.
[Ord. No. 97-1081 § 1]
The provisions of this section shall be enforced by the Bernardsville
Sewer Plant Operator (Operator) or such other person as may be designated
by the Governing Body of the Borough of Bernardsville.
[Ord. No. 97-1081 § 1]
When the Operator finds that a user has violated, or continues
to violate, any provision of this section, or that the user's past
violations are likely to recur, the Operator may issue an order to
the user directing it to cease and desist all such violations and
directing the user to:
a.
Immediately comply with all requirements; and
b.
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
[Ord. No. 97-1081 § 1]
The Operator may immediately suspend a user's discharge, after
formal notice to the user, whenever such suspension is necessary to
stop an actual or threatened discharge which reasonably appears to
present or cause imminent or substantial endangerment to the health
or welfare of persons. The Operator may also immediately suspend a
user's discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the Publicly Owned Treatment Works
(POTW), or which presents, or may present, an endangerment to the
environment.
a.
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user's failure
to immediately comply voluntarily with the suspension order, the Operator
may take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize the damage to the
POTW, its receiving stream, or endangerment to any individuals. The
Operator may allow the user to recommence its discharge when the user
has demonstrated to the satisfaction of the Operator that the period
of endangerment has passed.
b.
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a written statement,
describing the causes of any harmful contribution and the measures
taken to prevent any future occurrence to the Operator prior to recommencement
of the discharge.
[Ord. No. 97-1081 § 1]
Any person who violates this section or fails to comply with any of its requirements shall upon conviction be per violation to the penalties set forth in § 1-5 of this Code, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 97-1081 § 2]
Oil and sand interceptors shall be installed in commercial and
industrial facilities when, in the opinion of the Bernards Township
Health Department (Health Department) or Bernardsville Sewer Plant
Operator (Operator), they are necessary for the proper handling of
liquid wastes containing oil in excessive amounts, any flammable wastes,
sand or other harmful substances. All oil and sand interceptors shall
conform to the applicable standards for oil and sand interceptors
set forth in the National Plumbing Code and shall be located as to
be readily and easily accessible for cleaning and inspection.
[Ord. No. 97-1081 § 2]
Restaurants, cafeterias, institutional kitchens and other installations
discharging large quantities of grease shall use a grease interceptor.
A garbage grinder shall not be used when a grease interceptor is required.
The grease interceptor shall be installed in a separate line serving
that part of the plumbing system into which the grease will be discharged.
The grease interceptor shall be located close to the source of the
wastewater, where the wastewater is still hot, to facilitate separation.
Grease interceptors shall be located, designed and constructed in
a manner that will permit easy access and cleaning.
a.
Standards Applicable to Existing Facilities. Existing facilities
shall have installed grease interceptors which conform to the applicable
standards for grease interceptors set forth in the National Plumbing
Code. In addition, in order to identify those grease interceptors
which are malfunctioning or of a capacity or design inadequate to
properly intercept the grease discharged, the Health Department shall
require monitoring points to be installed on the premises of all existing
facilities. The Health Department shall notify in writing all property
owners who shall be required to install said monitoring points. Said
monitoring points shall be installed within 120 days of receipt of
the Health Department written notification.
The monitoring points shall consist of "cleanouts" extended
to be flush with the existing grade at a point on the premises as
near to the sanitary sewer main as possible. Where multiple tenants
have separate laterals connecting to the sewer main, monitoring points
shall be installed for each individual facility to which this chapter
applies. Monitoring points with a depth of four feet or less shall
have a minimum diameter of four inches. Monitoring points with a depth
of more than four feet shall have a minimum diameter of six inches.
The cover of the cleanouts shall be brass where the top of the cleanout
is in pavement, sidewalk or other area subject to vehicle or pedestrian
traffic.
The Health Officer or Operator shall take random samples from the monitoring points at various times throughout the year. Access to the monitoring points shall be kept reasonably open to the Health Officer and Operator in order for samples to be taken. If the Health Officer or Operator determines from the samples taken that any grease interceptor is malfunctioning or of inadequate design or capacity, he shall notify the property owner of the malfunction or deficiency and the measures that must be taken by the property owner to correct the malfunction or deficiency, which measures may include the installation of a grease interceptor meeting the standards set forth in Subsection b below.
"Existing facility" as that term is used herein shall mean a
restaurant, cafeteria, institutional kitchen or other installation
discharging large quantities of grease that is operating as such at
the time of the passage of this section.
b.
Standards Applicable to New or Altered Facilities. The following
standards shall apply to new or altered facilities as follows:
1.
Restaurants. The following equation shall be used to determine the
minimum size required for grease interceptors serving restaurants:
|
Q = (D) X (HR/2) X (12.5) X (0.5)
|
|
Where:
| ||
|
Q
|
=
|
size of grease interceptor, gallons;
|
|
D
|
=
|
number of seats in dining area;
|
|
HR
|
=
|
number of hours open per day; and
|
2.
Cafeterias and Institutional Kitchens. The following equation shall
be used to determine the minimum size required for grease interceptors
serving cafeterias and institutional kitchens:
|
Q = (M) X (11.25) X (LF),
|
|
Where:
| ||
|
Q
|
=
|
size of grease interceptor, gallons;
|
|
M
|
=
|
total number of meals served per day; and
|
|
LF
|
=
|
loading factor depending on type of facilities present:
|
|
1.0 with dishwashing;
| ||
|
0.5 without dishwashing.
| ||
3.
In no case shall a grease interceptor serving a new or altered facility
be smaller than 750 gallons in capacity. The minimum requirement for
construction, materials and foundations of grease interceptors shall
be the same as those required for septic tanks, as prescribed in N.J.A.C.
7:9A-8.2. The inlet and outlet of the grease interceptor shall be
provided with "T" baffles extending to a depth of 12 inches above
the tank floor and well above the liquid level. To facilitate maintenance,
manholes extending to finished grade shall be provided. Covers shall
be of gas-tight construction and shall be designed to withstand expected
loads and prevent access by children.
4.
"New facility" as that term is used herein shall mean any proposed
new restaurant, cafeteria, institutional kitchen or other installation
discharging large quantities of grease.
5.
"Altered facility" as that term is used herein shall mean a restaurant,
cafeteria, institutional kitchen or other installation discharging
large quantities of grease which is remodeled, renovated, reconstructed
or modified, which remodeling, renovation, reconstruction or modification
requires any change in the physical configuration of an existing grease
interceptor or any of its component parts, including replacement,
modification, addition or removal of system components such that there
will be a change in the location, design, construction, installation,
size, capacity, type or number of one or more components.
[Ord. No. 97-1081 § 2]
Any person who fails to comply with any provision of this subsection,
upon conviction therefor, shall be liable to a penalty of no less
than $500. Each day a particular violation continues shall constitute
a separate offense for which a penalty of no less than $100 per day
shall be imposed.
[Added 6-24-2019 by Ord. No. 2019-1804]
The property owner shall be responsible for the repair and maintenance
of building laterals up to the branch connection at the public sewer
main. The Borough is only responsible for the repair and maintenance
of sewer mains and manholes.
