The power of the municipality to supply water and sewerage service and to regulate the same is provided by N.J.S.A. 40:62-42, et seq., and N.J.S.A. 40:63-1, et seq.
[1966 Code § 16-1; Ord. No. 1991-1 § 16]
No person shall make any connection to any portion of the water supply or sewer systems nor make any extension of those systems in the Borough of Belmar unless a permit has first been issued by the Municipal Clerk. No person shall take or use water from any fire hydrant in the Borough for any purpose other than the extinguishment of fires, unless a special Hydrant Permit has first been issued by the Municipal Clerk. Hydrant Permits shall be issued only according to rules and regulations promulgated by the Superintendent and approved by the Director of the Department. Subject to the requirements of Subsection 29-2.1, the Clerk shall prescribe the form of application for all permits. No application shall be granted unless it is approved by the Superintendent of the Water-Sewer Utility Department and all prescribed fees have been paid.
[1966 Code § 16-2.1; Ord. No. 1991-1 § 16; Ord. No. 2003-15; Ord. No. 2018-12]
All applications for water or sewer service or for any connections to or extensions of the water or sewer systems shall be in writing, on forms prescribed by the Water/Sewer Clerk, and shall contain the applicant's and property owner's assent to the provisions of this chapter. The application shall require at least the following information:
The date of the application;
The applicant's name and mailing address;
The street address, apartment or unit number (if applicable), and tax map lot and block numbers of the property concerned;
The name of the owner of the property, if different than the applicant;
The type and extent of the service, extension, or connection applied for; and
The existing use of the property and, if applicable, the proposed use of the property.
An application will be denied if the existing or proposed use of the property violates any municipal zoning regulations.
[1966 Code § 16-2.2; Ord. No. 1991-1 § 16]
All applications for water and sewer service shall continue in force from year to year unless 30 days' notice in writing is given to the Water-Sewer Utility Department of a desire to terminate the service.
[1966 Code § 16-2.3; Ord. No. 1991-1; Ord. No. 1992-33; Ord. No. 2003-15; Ord. No. 2010-18; Ord. No. 2018-12; amended 3-17-2020 by Ord. No. 2020-13; 4-7-2020 by Ord. No. 2020-11; 12-1-2020 by Ord. No. 2020-40]
Applicants for extensions of the water or sewer systems which will result in or require additional or relocated meters, pipes, lines, or service to any property already being served by the water or sewer systems shall be required to pay the cost of the extension and tap in addition to the cost as noted below of any additional meters and lines. Extensions of main lines will be assessed as local improvements and charged to owners of abutting property according to the requirements of state law. Water service will not be supplied through private systems or lines.
[1966 Code § 16-2.4; Ord. No. 1991-1 § 16; Ord. No. 2003-15; amended 1-21-2020 by Ord. No. 2020-01; 3-17-2020 by Ord. No. 2020-15]
All water and sewer service taps are to be made by the Water-Sewer Utility Department where possible or by a licensed professional plumber, duly licensed in the State of New Jersey in every case with charges as per the schedule according to the size of tap desired. It is expressly understood that the homeowner shall be the owner of the service from the Borough main to the house as well as curb stops, valves, curb boxes and roadway boxes which are to be used by the Water-Sewer Utility Department for turning on or shutting off the water supply. Before the homeowner or its agent, a duly licensed plumber, attempts to open the Borough roadway and connect to the service from the Borough main to the curbline, an appropriate cash performance and maintenance bond, as determined by the Superintendent of the Department of Public Works, shall be posted with Belmar. In addition the cash bond shall remain in place with Belmar for one year following the completion of this work, in order to be assured that all of the work has been properly completed and maintained.
Editor's Note: Subsection 29-2.5, "Refrigeration and/or Air Conditioning Systems and Equipment," previously contained herein, has been repealed in its entirety by Ordinance No. 1989-33.
[1966 Code § 16-3.1; Ord. No. 1991-1 § 16; Ord. No. 2003-15]
A separate meter shall be required for each water service pipe serving any parcel or parcels of real estate, including parcels owned or utilized by public entities, utilities, and agencies, such that all water flowing from the main through every service pipe is appropriately metered. Any owner of property currently utilizing water service may apply for additional or relocated service pipes and/or meters pursuant to Subsection 29-2.3, provided that any additional meters are located such that all water flowing from the main is appropriately metered. All instances in which a property is subdivided, the property owner will be given 90 days from the date of Planning Board Resolution to separate and supply each parcel with individual water lines/meters.
[1966 Code § 16-3.2; Ord. No. 1991-1 § 16; Ord. No. 2003-15]
The owner of each property shall provide a suitable and accessible location for installation of the meter. The location must be such that all water flowing from the main is appropriately metered. All meter locations must be approved by the Borough. The Superintendent of the Department may establish rules and regulations governing the areas where meters and receptacles must be located. In addition, the owner shall permit the installation of a remote volume read-out device on the outside of any building or structure containing a meter.
Editor's Note: Former § 29-3.3, Ownership, as amended, was repealed 1-21-2020 by Ord. No. 2020-01.
[1966 Code § 16-3.4; Ord. No. 1991-1 § 16; Ord. No. 2018-12]
The owner of the property where a meter and/or meter receptacle or volume readout device is installed shall be responsible for the care and protection of the meter and/or meter receptacle from theft, vandalism, and damage due to any cause. In the event that a meter or receptacle is stolen or damaged in any way such that the meter and/or receptacle must be replaced or repaired, the owner shall be required to pay for the cost of the replacement or repairs. In addition, the owner shall immediately notify the Department upon becoming aware of any damage to the meter and/or receptacle or upon becoming aware that any meter is not functioning properly. It shall be a violation of this Chapter for any person to make or to permit the making of any by-pass around a meter.
[1966 Code § 16-3.5; Ord. No. 1991-1 § 16; Ord. No. 2010-18 § 1; Ord. No. 2018-12; amended 1-21-2020 by Ord. No. 2020-01]
Water meters for private premises will be read quarterly, as provided by Subsection 29-7.1. The readings shall be conclusive on all parties except where it has been determined that the meter has been registering incorrectly. In cases where the meter has been registering incorrectly, the meter shall be replaced and an adjusted bill shall be rendered in the same manner set forth in Subsection 29-3.6, provided that if the meter has not been registering at all, the adjusted bill shall be equal to the next regular quarterly reading after the meter is replaced. If the faulty registration is due to damage to the meter occurring after the meter was installed on the property, the owner shall be required to pay for the repair or replacement of the meter as required by Subsection 29-3.4.
Any interested party may request an interim meter reading for any purpose. The request must be in writing on a form prescribed by the Municipal Clerk and must be accompanied by a fee of $50. Interim meter readings may be used for the purpose of paying water charges to the date of the interim reading (for example, in connection with real estate closings), but will not alter the schedule for regular quarterly readings pursuant to Subsection 29-7.1.
[1966 Code § 16-3.6; Ord. No. 1991-1 § 16; Ord. No. 2003-15; Ord. No. 2010-18 § 1; Ord. No. 2018-12]
Upon prepayment of a fee of $200, the Department will, at the written request of any owner, arrange to have a meter tested to determine whether the meter is accurately registering the volume of water passing through the meter. If the test reveals a deviation from actual volume of 2% or more, an adjusted bill will be issued for the preceding quarter to account for the deviation, and the meter will be reset to reflect actual usage in the current quarter. If the adjusted bill requires an additional payment by the owner, the additional payment shall be made within 30 days. If the adjusted bill requires a refund, the refund will be made within 30 days and the $200 test fee shall be returned to the owner. If the meter test reveals a deviation from actual volume of less than 2%, any service not currently upgraded to a radio remote reading type meter will also be charged an additional fee of a new meter as stated in Subsection 29-2.3 less the $200 cost of the test.
[1966 Code § 16-3.7; Ord. No. 1991-1 § 16; Ord. No. 2003-15; Ord. No. 2018-12]
It shall be a violation of this Chapter for any person other than an authorized employee or agent of the Borough to remove, replace, tamper, or in any way interfere with the operation of any meter, receptacle, volume readout device, security provisions, or other materials and equipment used to measure service consumption, whether inside or outside of any building or structure. Any violation of the chapter will cause the owner of the property to be assessed a fee of a minimum of $500 but not to exceed $1000 in addition to the cost to replace or repair.
[1966 Code § 16-4.1; Ord. No. 1991-1 § 16]
A stop and waste valve must be installed on each service pipe inside a building or structure. The valve must be installed within one foot of where the pipe enters the building or structure, and must be situated so that the valve can be shut off without difficulty. The owner of the building or structure shall be responsible for the installation and proper maintenance of the valve.
[1966 Code § 16-4.2; Ord. No. 1991-1 § 16]
All water and sewer service connections from the curb to and/or in any building or structure must be made by a licensed plumber.
[1966 Code § 16-4.3; Ord. No. 1991-1 § 16]
Each owner of property utilizing water or sewer service shall be jointly and severally responsible for complying with the provisions of this Chapter. With the prior written authorization of the owner, bills for service will be sent to the tenant or occupant of any separately metered apartment or unit; provided that such an arrangement shall be for the convenience of the parties and shall not relieve the owner of responsibility for paying the bills or for otherwise complying with the provisions of this Chapter.
[1966 Code § 16-4.4; Ord. No. 1991-1 § 16; Ord. No. 2003-15]
It shall be a violation of this Chapter for any person other than an authorized employee or agent of the Borough to open or close any curb stop or to open or close any valve in any water main in the Borough. Owners and/or their contractors and plumbers must contact the Department to open or close a curb stop or valve. Any tampering with the above that results in an expense to the Borough for repairs will be assessed to the property owner.
[1966 Code § 16-4.5; Ord. No. 1991-1 § 16]
The Borough will not be responsible for any damage or injury resulting from an inadequate supply of water or water pressure or resulting from an inability to supply water. All boilers and hot water heaters should be equipped with proper safety valves.
[1966 Code § 16-4.6; Ord. No. 1991-1 § 16]
It shall be a violation of this Chapter for any person to break, damage, destroy, deface or tamper with any part of the water or sewer service system or any property or equipment utilized by the Borough as part of the water and sewer systems.
[1966 Code § 16-5.1; Ord. No. 1991-1 § 16]
Excessive or unnecessary use or waste of water, whether caused by carelessness or defective or leaking plumbing or fixtures, is strictly prohibited. Water must not be kept running for sprinkling purposes longer than specified by the rules and regulations of the Water-Sewer Utility Department. In no case shall there be a waste of water.
[1966 Code § 16-5.2; Ord. No. 1991-1 § 16]
In the event of any water shortage or other condition or situation requiring the restriction or regulation of the use of water in the Borough, the Borough Council, by resolution, or the Director of the Department, by emergency order effective only until the next meeting of the Borough Council, may regulate, restrict, and/or prohibit the use of water according to the type of use, the type or category of property using water, and/or the time or times of day when use shall be permitted or prohibited. The Borough will not be liable for any damage or injury resulting from the imposition of any such regulation, restriction or prohibition.
[1966 Code § 16-5.3; Ord. No. 1991-1 § 16]
The Borough shall have the right to reserve sufficient supply of water at all times in its reservoirs to provide for fire and other emergencies.
[1966 Code § 16-6.1; Ord. No. 1991-1 § 16; Ord. No. 1996-29; Ord. No. 2003-15; Ord. No. 2018-12]
Water and/or sewer service will be discontinued at the written request of the owner of the property utilizing the service, on forms prescribed by the Municipal Clerk. Unless the written request states that the discontinuation is for a period of 90 days or less and specifies a date for the restoration of service, the Department will obtain a final meter reading as of the date when service is discontinued and the owner shall pay the final bill based on the reading. The final bill will include a service charge of $50 for the meter reading. If the written request states that the discontinuation is for a period of 90 days or less and specifies a date for the restoration of service, the Department will not obtain a meter reading unless the usual date for obtaining a reading occurs during the period when service is discontinued. The Department will restore discontinued service at the written request of the owner provided that there are no past due charges for service or for repairs or replacement of meters or receptacles. Every person requesting restoration of service, including persons requesting temporary discontinuations which specify a date for restoration, will be charged a restoration fee of $125, payable directly to the Borough of Belmar, prior to the service being restored. Any property not currently having an upgraded radio remote reading type meter shall pay a one time fee of the cost of the meter as established in Subsection 29-2.3. In every case where service is discontinued, the meter, receptacle, and volume read-out device will not be removed from the property, and the owner shall take appropriate steps to protect those devices from damage and injury if the property is to be vacant. If the meter, receptacle or read-out device is damaged, destroyed, or stolen, the owner shall be responsible for paying for any required repairs or replacement pursuant to the provisions of Subsection 29-3.4. In every case where service is or will be discontinued between November 1 and March 31 of the following year, the meter for the premises will be either removed or drained by the Borough to prevent damage due to freezing, and the person requesting discontinuation will be charged an additional service fee of $25, which will be included in the next bill for water service.
[1966 Code § 16-6.2; Ord. No. 1991-1 § 16; Ord. No. 2003-15]
Water and/or sewer service to any property utilizing the service may be discontinued by the Superintendent of the Department for any of the following reasons, provided that the Superintendent of the Department first serves the owner and any occupants, either personally or by Certified Mail, return receipt requested, with a written notice of intent to discontinue service stating the reasons for the proposed discontinuation pursuant to Subsection e:
For a violation of any of the provisions of this Chapter or of any rule or regulation of the Department if the owner or occupant of the service unit fails to cease, correct or abate the violation after notice to do so from the Superintendent.
For nonpayment of any service charge or fee required to be paid by the provisions of this Chapter.
For refusing the Borough's employees and agents reasonable access to a service unit or to the property where a service unit is located.
If it appears that any building, structure or unit with its own separate service pipe has been abandoned or has been vacant for a period of more than 270 days.
In the event of any emergency requiring immediate discontinuation in order to protect or preserve life or property.
[Ord. No. 1996-29; Ord. No. 1997-19 § 1; Ord. No. 2004-05 § 1; Ord. No. 2007-06 § 1; Ord. No. 2010-18 § 1; Ord. No. 2018-12; 1-21-2020 by Ord. No. 2020-01]
Effective May 1, 2007, on the thirtieth day after payment of the bill is due, interest on the unpaid amount of the bill shall accrue at a rate of 18% per annum to be calculated from the due date of the bill until the date of actual payment.
Prior to any water service being disconnected for nonpayment of water-sewer charges, the Borough or its agent shall provide 10 days' written notification to the user of the Borough's intention to disconnect the water service. Notification shall be made by ordinary mail to the customer's last known address as it appears on the tax duplicate.
All unpaid fees and charges shall constitute a lien on the real property for or to which the service was provided, which liens shall be enforced and collected in the manner prescribed by law.
[Ord. No. 1996-29; Ord. No. 2003-15; Ord. No. 2010-18 § 1; Ord. No. 2018-12]
[1966 Code § 16-7.1; Ord. No. 1991-1; Ord. No. 1993-10; Ord. No. 1994-59; Ord. No. 1995-19; Ord. No. 1996-29; Ord. No. 1997-19; Ord. No. 2004-05; Ord. No. 2007-06; Ord. No. 2010-13; Ord. No. 2014-10; amended 1-21-2020 by Ord. No. 2020-01; 3-17-2020 by Ord. No. 2020-13; 4-7-2020 by Ord. No. 2020-11]
Effective April 1, 2020, the owner of each parcel of property, all public entities, utilities, agencies and educational institutions utilizing water and sewer services shall be charged a minimum quarterly usage fee of $88.95 per account. This $88.95 fee shall allow for a usage of 5,000 gallons (or any portion thereof) actually used at the property. All water utilized in excess of 5,000 gallons per quarter shall be billed at the following rates:
$17.79 per 1,000 gallons for 5,000 to 25,000 gallons (sewer rate $10.19 and water rate $7.60).
$19.57 per 1,000 gallons for 25,001 to 50,000 gallons (sewer rate $11.21 and water rate $8.36).
$21.53 per 1,000 gallons for 50,001 to 100,000 gallons (sewer rate $12.33 and water rate $9.20).
$23.68 per 1,000 gallons for 100,000 gallons or more (sewer rate $13.56 and water rate $10.12).
Customers having a separate/metered account for a lawn sprinkler system will be billed at a separate water rate of $7.60 per 1,000 gallons for 0 to 25,000 gallons of water, $8.36 per 1,000 gallons for 25,001 to 50,000 gallons, $9.20 per 1,000 gallons for 50,001 to 100,000 gallons, $10.12 per 1,000 gallons for 100,000 gallons or more, and shall not be charged the minimum quarterly fee.
Customers having a fire sprinkler system shall not be charged the minimum quarterly fee but shall be billed yearly, pursuant to Subsection 29-7.9 of this section.
Customers having multiple units shall be charged a surcharge fee of $50 per unit, starting with the second unit. This charge shall be billed quarterly.
Bills wills be prepared and sent out on a quarterly basis, beginning no later than April 1, 2020. All bills will be paid on a quarterly basis, and not with equal monthly payments. The quarterly billing will be as follows:
The beach utility shall be required to pay for water/sewer services at the same rates as set forth above. A single annual bill shall be rendered on or before November 1 of each year and shall be due and payable within 30 days after the bill is rendered. Each bill shall be based on actual usage determined according to a meter reading taken on or about October 1 of each year.
Editor's Note: Former Subsection 29-7.2, Water/Sewer Rates for Public Entities, previously codified herein and containing portions of Ordinance Nos. 1991-1, 1993-10, 1994-59, 1995-19 and 1966 Code § 16-7.2 was repealed in its entirety by Ordinance No. 1996-29. See Subsection 29-7.1 for rates for public entities.
[1966 Code § 16-7.3; Ord. No. 1991-1 § 16; Ord. 2003-15]
Any person desiring to tap into any water or sewer main shall be required to arrange and pay for the necessary work through a competent contractor of the Borough's choice, provided that all such work shall be subject to the supervision and approval of the Superintendent of the Department and, where necessary, the Borough Engineer. Prior to commencing any work, the owner shall apply for a permit on forms prescribed by the Water/Sewer Clerk, Borough Construction Department, and County and State Road Departments and any other agency or entity that may have jurisdiction over same. The application form shall require the name, address, and telephone number of the contractor who will perform the work. Prior to the issuance of the permit, the contractor shall be required to furnish and submit a performance bond satisfactory to the Borough Clerk and the Borough Attorney.
[1966 Code § 16-7.4; Ord. No. 1991-1 § 16; Ord. No. 2018-12]
[Ord. No. 1992-7 § 1; Ord. No. 1996-29; Ord. No. 2003-15; Ord. No. 2004-13; Ord. No. 2010-18 § 1; Ord. No. 2018-12]
Tapping Water Mains. A charge for tapping water main with service pipe to curb, including corporation and curb stops, and including street excavation not exceeding 35 linear feet, shall be performed by the Department of Public Works and made as follows:
Taps larger than two inches in size or work performed by an outside contractor of the Borough's choice, provided that all such work shall be subject to the supervision and approval of the Superintendent of the Department and, where necessary, the Borough Engineer. Special arrangements are to be made with the Water-Sewer Utility Department and the applicant shall pay the full and actual costs of installation, but in no case less than a minimum charge of $3,000 plus the cost of a new meter pursuant to Subsection 29-2.3, and a 10% administrative fee not to be less than $300.
Connecting Sewer Mains. Charges for connecting sewer mains with lines to curbs including street excavations not exceeding 35 linear feet shall be performed by the Department of Public Works as follows:
Connections larger than four inches:
Taps larger than four inches in size or work performed by an outside contractor of the Borough's choice, provided that all such work shall be subject to the supervision and approval of the Superintendent of the Department and, where necessary, the Borough Engineer. Special arrangements are to be made with the Water-Sewer Utility Department and the applicant shall pay the full and actual costs of installation, but in no case less than a minimum charge of $3,000 plus the cost of a new meter pursuant to Subsection 29-2.3, and a 10% administrative fee not to be less than $300.
[Ord. No. 1992-7 § 2; Ord. No. 1996-29; Ord. No. 2010-18 § 1]
Where the connection of a sewer service line or the tapping of a water service line requires the excavation of any street for more than 35 linear feet, the applicant shall pay a street opening fee in accordance with the full and actual costs to the Borough, but in no case less than the minimum charge for the first 35 linear feet as provided in Subsection 29-7.7 preceding, plus the following charges:
[Ord. No. 1992-7 § 3; Ord. No. 2003-15; Ord. No. 2010-18 § 1]
For each connection to be used exclusively for the extinguishment of fires, there shall be an annual charge in advance for water service as follows:
Connection of four inches or smaller, per year: $200.
Connection of five inches or six inches per year: $400.
Connection size regulations:
The size of a private fire service connection shall in no case exceed six inches in diameter.
Provisions for charges:
The rates provided by this subsection shall be available only for service connections used exclusively for the extinguishment of fires. No additional charges shall be made for sprinkler heads, fire hydrants or other fire service connection, and no charge shall be made for water used in extinguishing fires where service is furnished under this subsection. If the consumer desires to use water for general purposes through the same connection, or if any private service connection is used for unauthorized purposes, then the service connection shall be metered and the consumer charged the rates provided for water service and sewer service in Subsection 29-7.2 preceding.
[Ord. No. 2010-18 § 1]
Any work relating to water and/or sanitary system facilities which requires the excavation and/or trenching of a public street shall be subject to a restoration fee in the amount of $750 per area of disturbance. The restoration fee shall be paid in full before any water and/or sewer permit is issued. The payment of the restoration fee prior to work commencing shall not prevent the Borough from imposing additional restoration fees if additional street disturbances are made during the course of work which were not anticipated and paid for prior to the permit being issued.
[1966 Code § 16-8.1; Ord. No. 1991-1 § 16]
The Superintendent of Public Works or any authorized employee of the Water-Sewer Utility Department, or any person or persons designated by the Mayor and Borough Council for that purpose, may at all reasonable hours enter the premises of any water service consumer or any sewer service user for the purpose of inspecting any water or sewer connection or service equipment.
[1966 Code § 16-8.2; Ord. No. 1991-1 § 16]
The Superintendent of Public Works or an authorized employee of the Water-Sewer Utility Department is authorized to enter any premises as hereinabove provided to examine the meter; read the meter; make all necessary tests and repairs; remove and replace any meter when deemed necessary; examine all pipes and fixtures for conformity with the provisions of this Chapter and check the number of fixtures connected to the sewer or water service.
[1966 Code § 16-8.3; Ord. No. 1991-1 § 16]
The Borough shall examine all water and sewer service connections from the curb to and in the building and land surrounding the same for conformity with the provisions of this Chapter, and shall properly report his findings to the Water-Sewer Utility Department as provided by Borough ordinances and regulations of the Borough Division of Health.
[1966 Code § 16-8.4; Ord. No. 1991-1 § 16]
All changes of water or sewer services, connections or fixtures also must be inspected by the Borough and reported to the Water-Sewer Utility Department.
[Ord. No. 2018-12]
The Borough shall charge a fee of $125 for the initial inspection fee or call out fee. Additional inspections or call outs will be charged a rate based on time and material.
[1966 Code § 16-9.1; Ord. No. 1991-1 § 16]
No person shall discharge or cause to be discharged any of the following described waters or wastes in any portion of the sewer system of the Borough of Belmar.
Any liquid or vapor having a temperature higher than 150° F.
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any garbage or trash.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
Any waters or waste having a pH lower than 5.3 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of sewage works. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Any waters or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewer treatment process, or constitute a hazard to humans or animals, or create any hazard in receiving waters of the sewage treatment plant.
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
[1966 Code § 16-9.2; Ord. No. 1991-1 § 16]
No cellar drains, no area drains, no roof leaders, no sump pumps, no downspouts and no garbage and refuse disposal units shall be connected to the sewage system.
[Ord. No. 2005-10 § I; Ord. No. 2018-16]
No person shall discharge or cause to be discharged through an illicit connection to the municipal storm drain system operated by the Borough of Belmar any domestic sewerage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
The following exceptions to the prohibitions established in Subsection 29-9.3A are hereby recognized:
Uncontaminated ground water (e.g. infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters). No such discharge shall be directed so as to impact neighboring properties.
[Ord. No. 2017-05]
Scope and Purpose. The scope and purpose of this subsection is to aid in the prevention of sanitary sewer blockages and obstructions due to contributions and accumulation of fats, oils, and greases into the sanitary sewer system of the Borough of Belmar from nonresidential food preparation and service facilities.
Definitions. As used in this subsection:
- EATING AND DRINKING FOOD ESTABLISHMENT
- Shall mean any nonresidential facility connected to the Borough sanitary sewer system primarily or regularly engaged in the activity of preparing, serving or otherwise making available for consumption foodstuffs, including ice cream, or one that uses one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.
- Shall mean an organic foodstuff component and/or by-product from the preparation thereof, which is viscous at room temperature and non-water soluble, and commonly referred to as fat, oil or grease.
- GREASE TRAP
- Shall mean a device for intercepting, separating and retaining waterborne grease prior to the wastewater exiting the device and entering the sanitary sewer system.
- SANITARY SEWER SYSTEM
- Shall mean and refer to the sanitary system of the Borough of Belmar.
- SEASONAL EATING AND DRINKING FOOD ESTABLISHMENT
- Shall mean any eating and drinking food establishment that operates six months or less in any calendar year.
Restrictions and Regulations for Grease Traps.
Installation. All eating and drinking food establishments shall install a grease interceptor capable of preventing discernible accumulations of grease in the sanitary sewer system of the Borough and/or connecting wastewater lines from said establishment. The specifications, installation and repair of all grease interceptors shall be approved by the Plumbing Subcode Official of the Borough.
Responsibility. Owners of commercial property will be held responsible for wastewater discharges on their properties and will be responsible for any penalties for any discharge of grease into the sanitary sewer system in violation of the Borough's Revised General Ordinances.
Maintenance/Records. Eating and drinking food establishments shall establish a grease interceptor maintenance schedule based upon the size and nature of the individual operation. That schedule shall be of sufficient frequency to prevent the interceptor from becoming overloaded with grease and solids and shall prevent the discharge of grease and solids into the downstream piping and sanitary sewer system. In any event, an eating and drinking food establishment shall clean its grease interceptor(s) and properly dispose of any grease removed therefrom at least once every three calendar months. Eating and drinking food establishments shall maintain records of said actions for a period of at least three years for the purpose of inspection thereof by the Borough. These records shall be subject to inspection by the Borough Code Enforcement Officer and/or the Borough Public Works Department. Seasonal eating and drinking food establishments shall be subject to all of the requirements of an eating and drinking food establishment except that the seasonal eating and drinking food establishment shall clean its grease interceptor(s) and properly dispose of any grease two times during the seasonal operation.
Annual Inspection/Report. On or before April 1st of each calendar year, an eating and drinking food establishment shall provide to the Borough Plumbing Subcode Official an annual inspection report of its grease interceptor(s) and connecting wastewater lines to ensure that grease is being adequately removed from the wastewater being discharged into the sewer system. The inspection shall be performed by a licensed plumber or cleaning service that specializes in grease interceptor cleaning, and a report provided to both the eating and drinking food establishment and to the Borough Plumbing Subcode Official within three weeks of said inspection. This inspection report shall contain observations with regard to the efficiency of the grease interceptor, the amount of grease found in the connecting wastewater lines, the percentage of grease being removed from wastewater that is discharged into the sanitary sewer system and the maintenance and efficiency of the grease interceptor (with particular attention given to whether the grease interceptor needs replacement or increased capacity).
Prohibited. The use of enzymes, emulsifiers, or similar chemicals in grease interceptors shall be prohibited.
Specifications. Grease Interceptors shall meet the specifications of Chapter 6 of the current National Standard Plumbing Code/N.J.A.C. 5:23-3.15.
Generally. In consideration for continued use of its sanitary sewer system, the Borough of Belmar shall reserve the right to periodically conduct routine inspections of the grease interceptor(s) of any eating and drinking food establishment during regular business hours. During such inspections, the Borough shall have the right to inspect (i) any food preparation areas (ii) any records maintained pursuant to this section (iii) all grease interceptors which shall be opened upon request, and (iv) all wastewater lines from the establishment to the sanitary sewer system, which may be accomplished by use of a line camera.
Fee for New Grease Interceptor Installations. The inspection fee for a new grease interceptor is in the form of obtaining a plumbing permit.
Blockage. Whenever the Borough of Belmar discovers a blockage of the sanitary sewer system caused by grease, the Borough shall have the right to conduct an inspection of any eating and drinking food establishment connected to the main in which said blockage is found, without regard to any prior or recent inspection(s) thereof.
Violation Discovered. If during an inspection, the Borough discovers a violation of this subsection, the Borough shall notify the owner and/or operator of the eating and drinking food establishment of the nature of said violation as soon as reasonably possible and, in its discretion, issue a notice to the owner and/or operator for the correction of said violation with seven calendar days thereof. If said violation is not corrected within such time the Borough shall issue a summons in accordance with said penalty provision. The owner and/or operator of the eating and drinking food establishment shall be subject to additional fees for any Borough labor associated with correcting a blockage.
Fine for Noncompliance. Any retail food establishment that violates any of the provisions of this subsection is subject to penalties as established by Chapter 1, General Provisions of the Borough Ordinances.
Posting of Bond. For any retail food establishment that has plead guilty or been found guilty of a violation of this subsection, the Borough may require the posting of a bond by the retail food establishment as a guarantee against future violations of this section. The amount of the bond shall be calculated based on the anticipated cost of correcting a sanitary sewer blockage/obstruction due to a build up of fats, oils and grease. Any bond posted pursuant to this subsection shall remain in effect for two years. Upon the lapse of two years with no violations of this subsection, the retail food establishment shall be entitled to a refund of the bond unless the Borough has instituted proceedings for the forfeiture of the bond. Forfeiture of the bond shall occur if the retail food establishment is found guilty of a violation of this subsection and the retail food establishment has not paid any and all fees for Borough labor associated with correcting the blockage.
Generally. Except as where otherwise provided, the Code Enforcement Officer of the Borough, his/her designated representative(s), including the Borough of Belmar Department of Public Works shall have the authority to enforce the terms of this subsection and to perform all duties described herein on behalf of the Borough of Belmar.
Related Authorities. Nothing contained herein shall limit the authority of the Superintendent of Public Works, the Code Enforcement Officer and others so designated to enter the premises of any eating and drinking food establishment at all reasonable hours for the purposes of inspecting any water or sewer connection or service equipment, nor limit the authority of the Borough to assess penalties for any discharge of grease into the sanitary sewer system in violation of the Borough's Revised General Ordinances.
[1966 Code § 16-10; Ord. No. 1991-1 § 16]
No agent or employee of the Water-Sewer Utility Department shall have authority to bind the Department or the Borough by any promise, agreement or representation not provided by this Chapter unless such authority is given in writing and approved by a resolution of the Mayor and Borough Council.
[1966 Code § 16-11.1; Ord. No. 1991-1 § 16]
The owner of every existing house, building or structure, and the owner of every house, building or structure hereafter to be constructed or acquired, which may be occupied or used by human beings, located on property along the line of any public sewer created pursuant to the provisions of the Sewerage Authority Law N.J.S.A. 40:14A-1 et seq., as amended and supplemented, now or hereafter constructed or acquired in the Borough shall, within 30 days after the date on which notice has been given to connect and hook up, connect and hook up the sewerage facilities emanating from such house, building or structure to the sewerage system.
If any such house, building or structure shall be used for industrial or commercial purposes, the owner thereof shall, within 30 days after the date on which notice has been given to connect and hook up, connect and hook up the sewerage facilities emanating from the sewerage system, under and pursuant to rules and regulations, which rules and regulations are respectively on file in the office of the South Monmouth Regional Sewerage Authority.
[Ord. No. 1992-27 § 1; Ord. No. 2018-12]
Any person shall violate the provisions of this Chapter by failing to comply with any order issued in accordance with the provisions hereof within 30 days after notice to make the required connections. Notice may be served by a proper Officer of the Department of Code Enforcement, Office of Construction, Office of Land Use, or a member of the County Board of Health. Upon complaint by the proper Officer of the Department of Code Enforcement, the County Board of Health, or by any other person. Violators, upon conviction, shall be subject to a fine of a minimum of $500 for violating any section of this Chapter except Subsection 29-9.1 (Prohibited Sewer Connections), in which case the fine shall be $1,000. An additional fine of $50 shall be provided for each day of delay after the expiration of the 30 days in which the provisions of the order or notice are not complied with.