Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1975 Code § 95-1; Ord. No. 13-2018]
The following schedules of charges and rents for connection with and the use and services of the sewer utility system of the Borough are hereby fixed and prescribed.
[1975 Code § 95-2; Ord. No. 010-83; Ord. No. 023-86; Ord. No. 023-88; Ord. No. 2-93; New; Ord. No. 08-2002 § 1; Ord. No. 05-05 § 1; Ord. No. 13-2018]
a. 
Every building or other structure now existing in the Borough wherein water is used shall be connected to the sewer collection line designated by the Borough. Any building or structure hereafter erected wherein water is used shall be connected to the designated sewer collection line before it shall be lawfully occupied or used.
b. 
The charge for each connection, imposed upon the owner of each connecting property, shall be $3,200.
c. 
In addition to the connection fees as set forth in paragraph b herein, all changes and expenses associated with connecting to the sewer system, including service saddles, teewye fitting, clean-outs and street excavation, shall be paid by the owner making application therefor. Such connection shall be made under Borough supervision and in accordance with methods approved by the Sewer Utility Operator or Borough Engineer. In the event of an opening for the purpose of repair or replacement of sanitary sewer lateral, either within or out of the Borough limits, the cost of such repair or replacement shall be borne by the owner of the property from the property side of the curb or edge of pavement to the dwelling or structure. The cost of repair or replacement from the sewer main to the roadside face of the curb or edge of pavement shall be the responsibility of the Borough, except if the repair or replacement is necessitated by action or inaction by a homeowner. In the context, the words "repair" or "replacement" shall be synonymous with "maintenance." The Borough reserves the right to determine the type, size and quality of the pipe to be utilized from the sewer main to the dwelling or other structure. The property owner or the contractor shall contact the Borough to obtain copies of the sewer lateral repair and construction details.
[1975 Code § 95-3; Ord. No. 02-78; Ord. No. 05-78; Ord. No. 04-80; Ord. No. 08-81; Ord. No. 03-83; Ord. No. 03-87; Ord. No. 04-88; Ord. No. 02-89; Ord. No. 03-90; Ord. No. 06-91; Ord. No. 3-93; Ord. No. 08-98 § 1; Ord. No. 06-2002 § 1; Ord. No. 04-02 § 1; Ord. No. 01-2004 § 1; Ord. No. 02-2009 § 1; Ord. No. 07-2013; Ord. No. 10-2013; Ord. No. 13-2018]
a. 
Effective January, 2019, the annual sewer rate for each commercial and residential use or unit, which has a single connection with the system, shall be $540 per year, per use or unit in the Borough of Allentown plus 400% of the prior year's first quarter water usage billed at 7.5 cents per cubic foot. (A cubic foot approximates 7.5 gallons).
1. 
Billing Dates:
March 1 of each year to cover service received during the months of November, December and January.
June 1 of each year to cover service received during the months of February, March and April.
September 1 of each year to cover service received during the months of May, June and July.
December 1 of each year to cover service received during the months of August, September, and October.
Billings will be sent out annually with four remittance stubs for each quarterly payment.
Any connections of service made mid-billing cycle shall be billed on the next regular billing with a prorated amount for balance of annual billing cycles effective the date of change.
The Borough shall be under no obligation to reduce, adjust, or otherwise modify the billing of any service hereunder by virtue of irrigation meter readings or other evidence of water usage, except as may otherwise be provided or permitted by New Jersey law.
The Chief Financial Officer shall have the right to waive de minimis amounts due that are under $1.00 in value.
b. 
For purposes of computation, the definition of "dwelling unit" for various uses shall be determined as follows:
1. 
Apartments:
(a) 
Any apartment in a building or apartment complex that has at least one bathroom shall be equivalent of a full dwelling unit and shall be charged the full sewer rental.
2. 
School Buildings:
(a) 
Elementary and Middle Schools — Every 20 pupils, teachers and employees, or portion thereof, in regular attendance at the various hours as of the first of the month proceeding each billing date, shall be equivalent to one dwelling unit.
(b) 
High Schools —Every 12 pupils, teachers and employees, or portion thereof, in regular attendance at the various hours as of the first of the month proceeding each billing date, shall be equivalent to one dwelling unit.
(c) 
Vocational Schools- Every 20 pupils, teachers and employees, or portion thereof, in regular attendance at the various hours as of the first of the month proceeding each billing date, shall be equivalent to one dwelling unit.
c. 
Any service (commercial or residential) provided to a property located outside of the boundaries of the Borough of Allentown shall be charged per unit at the annual rate of two times (2.0) the flat rate annually charged, that amount being $1,080 per unit plus four hundred (400%) of the prior year's first quarter water usage billed at 15 cents per cu. foot.
1. 
If the property owner does not purchase water from the Borough of Allentown, it shall be the property owner's obligation to supply the Borough with the amount of water usage for that property for the previous year. In the event the owner fails to supply the water usage information, the Borough of Allentown will apply the average residential use or average commercial use for the previous year.
2. 
When water is drawn from private wells or no proof can be provided, the average commercial or residential use defined by users of the Borough, will be applied.
d. 
Any service provided to a property that is utilized for the provision of volunteer emergency response services to the Borough of Allentown shall be charged $540 per year, regardless of whether said property is located within the boundaries of the Borough of Allentown.
e. 
Violations and Penalties. Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not more than $2,000, imprisonment for a term not to exceed 90 days or by a period of community service not exceeding 90 days, or by each such fine, imprisonment and community service, at the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[1975 Code § 95-5; Ord. No. 11-98 § 1; Ord. No. 13-2018]
Rental will be accepted until the thirtieth day following the due date without interest. Thereafter, rentals shall be deemed delinquent and interest at the rate of 8% per annum shall be added to all delinquent rentals. Said 8% shall be retroactive to the date that the sewer rental was due. In the event the delinquent amount exceeds $1,500 then the interest shall be 18% per annum. No discount will be allowed if paid in advance.
[Ord. No. 06-2009 § 1; Ord. No. 11-2009 § 1; Ord. No. 13-2018]
In the event that charges for sewer are not paid within 45 days after the bill for such service is due, a first notice letter will be sent to the owner of the premises stating that the amount is past due. If the account ages 90 days, a twenty-five ($25.00) dollar late fee will be assessed, a final notice will be sent stating that if the account is not paid within 10 days the water and sewer will be shut off and/or disconnected at the owner's expense and at the Borough of Allentown's option. The Borough reserves the right to disconnect and/or discontinue utility service to any property listed on the Borough's vacant property or abandoned property lists per Borough Ordinance. The owner will have the right to request a hearing before the Borough of Allentown, said hearing must be requested in writing to the Borough Clerk prior to the final 10 day notice of termination of service.
If service is terminated the Monmouth County Board of Health and the Allentown Housing Official will be notified.
All fees due for water and sewer service must be fully paid up-to-date prior to water and sewer service being restored; no personal checks will be accepted.
A reconnection charge of $100 will be imposed to reconnect the service.
[1975 Code § 95-4; Ord. No. 010-83; Ord. No. 017-83]
a. 
Domestic garbage disposal units shall not be allowed to connect to the sewerage system.
b. 
Commercial garbage grinders shall not be allowed to connect to the sewerage system.
c. 
The discharge of the following wastes into the sewerage system, storm drainage system and catch basins shall not be permitted:
1. 
Gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
2. 
Garbage, ashes, cinders, sand, mud, straw, shavings, leaves, grass clippings, shrubbery clippings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, dairy, brewery or distillery wastes, chemical residues, paint residues, cannery waste bulk solids, paper mill wastes 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 sewerage system.
3. 
Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is capable of creating a hazard or menace to life or property or of preventing entry into the sewers for their maintenance and repair.
4. 
Any toxic radioactive isotopes with long half-life without special permit issued by the authority.
5. 
Any wastes containing viable pathogenic bacteria other than those normal to domestic sewage.
6. 
Concentrated dye wastes, de-inking wastes, spent tanning solutions or any other wastes which are highly colored.
7. 
Any slugs of sewage or wastes; that is, any sewage or waste exceeding a concentration greater than five times that of normal sewage or of the limiting characteristics for wastes, discharged continuously for a period of 15 minutes duration or longer.
8. 
Any waste containing grease or oil that will solidify or become viscous at temperatures between thirty-two (32°) degrees and one hundred fifty (150°) degrees Fahrenheit.
9. 
Any waste which, in the opinion of the authority, is harmful to any portion of the sewerage system or to its operating personnel or the general public.
d. 
It shall be prohibited to discharge surface or rain water, cooling water and water from roof or cellar drains, including water from sump pumps, into the sewerage system.
[Ord. No. 12-2006]
The purpose of this section is to prohibit illicit connections to the municipal separate stormwater system(s) operated by the Borough of Allentown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 12-2006]
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 N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Allentown, 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 a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Allentown or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 12-2006]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Allentown any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 12-2006]
This section shall be enforced by the Police Department and/or other Municipal Officials of the Borough of Allentown.
[1975 Code § 72-3; New; Ord. No. 12-2006]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 12-2006]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 12-2006]
This section shall be in full force and effect from and after its adoption and any publication as may be required by law.
It is the purpose of this policy to allocate the remaining available treatment capacity of the Borough's wastewater treatment facilities with full recognition given to the sanitary sewer capacity requirements as found in the ordinances of the Borough of Allentown and the New Jersey Department of Environmental Protection. It is the further intent of this policy to promote the health, safety and welfare of the residents of the Borough's Wastewater Management Plan Service Area as well as insuring a fair distribution of available capacity.
[New]
a. 
Categories of Gallonage. Applicants for allocation capacity within the Borough Wastewater Management Plan Service Area shall be assigned to one of the following categories of gallonage based upon an analysis by the Borough Engineer of the requirements of the applicant for sanitary sewer service based upon N.J.D.E.P. Projected Flow Criteria (N.J.A.C. 7:14A-23.3) and the approval of the analysis by the Governing Body of the Borough.
1. 
Health and Environmental Hazard Gallonage. The gallonage from this category shall be allocated without limitation to relieve health and environmental hazards through sanitary waste disposal within the Borough Service Area in accordance with State statute and local health department requirements.
2. 
Public Building Gallonage. Gallonage from this category shall be allocated without limitation for public buildings to be used for the health, safety and welfare of the public, including capacity available for Phase I and Phase II expansion of the Upper Freehold Regional School District Complex on High Street.
3. 
Residential Infill Lot Development Gallonage. Gallonage from this category shall be allocated without limitation to existing lots within the residential land use zones which are shown on the current municipal tax assessment maps within the Borough's Wastewater Management Plan Service Area within 200 feet of an existing sewer line, and are determined to be buildable by the Borough's Zoning Officer and Construction Code Officials.
4. 
Nonresidential and Other Residential Gallonage. Gallonage represented by this category shall be allocated to applicants for new development projects with applications for service which have been duly approved by all governmental bodies having jurisdiction on a first come first served basis with individual properties, subdivisions and site plans with preliminary Borough Planning/ Zoning Board approval in hand under the provisions of the Municipal Land Use Law and Borough ordinances. The applications shall be prioritized based upon the date of their approval with preference being given to the ones first approved. The length of allocation for any particular property, subdivision or site plan shall not exceed the length of approval or any extensions thereof as provided by Municipal Land Use Law.
At the time of the applicant's application to the Borough for reservation of allocation capacity under this category, a nonrefundable fee equivalent to 25% of the new development's sanitary sewer connection fee as defined by the Borough Code shall be filed. The application fee shall be credited towards the development's sanitary sewer connection fee provided the allocation is utilized within the allocation time period set forth above.
b. 
The Level of Importance of the Categories. The Borough reserves the right to distinguish each category of gallonage by its level of importance rather than its level of priority. The determination of the level of importance pertains to the need to protect the health, safety and welfare of the public as a whole. Accordingly, the Borough has emphasized the importance of maintaining a category of gallonage for failing septic systems. It is the Borough's position that the quantity of gallonage will provide protection from septic system deficiencies that exist within the developed areas of the Borough's Wastewater Management Plan Service Area. Thereafter, the priority of applications shall be based upon the order in which the uses are set forth in subsection 18-6.2a above.
[1975 Code § 95-6; New]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 05-10]
a. 
All food establishments, catering establishments, commercial food preparation facilities, car wash facilities and other such businesses which generate sanitary sewage containing oil, fat or grease shall have and maintain grease removal equipment that meets the requirements of this section. Grease traps shall be installed in separate lines serving that part of a plumbing system from which grease will be discharged. Grease traps so installed shall be located and constructed in a matter that will reduce the temperature of the effluent to permit the congealing or separation of grease. Grease traps shall be maintained and inspected to ensure efficient operation. Grease traps shall be easily accessible for cleaning and inspection. The grease trap shall be in continuous operation at all times.
b. 
Grease traps must be maintained and inspected by the owner to ensure that they are never allowed to reach more than 3/4 of their capacity. Grease trap cleaning shall be done biweekly. A maintenance log, including the time, date and signature of the person performing the cleaning, shall be kept on the premises and shall be readily available for inspection by the Borough and/or designated representative. If it is determined that the system is not sufficient, the frequency of the cleaning procedures shall be increased or a larger unit shall be installed.
c. 
All grease traps shall be designed in accordance with the current National Plumbing Code Standards and subject to the final approval of the Borough Construction Code Official and Borough Engineer and, upon application for a plumbing permit, shall be reviewed and inspected by the Plumbing Subcode Official.
d. 
Grease trap additives shall only be used with the approval of the Borough Plumbing Subcode Official. All removed material shall be disposed of in accordance with all State and Federal regulations. All maintenance logs and manifests shall be maintained for a minimum period of five years.
e. 
Inspections: grease traps shall be periodically inspected by the Borough Plumbing Subcode Official.
f. 
An inspection fee in the amount of $150 shall be imposed as follows:
1. 
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said establishment is in violation of the State Sanitary Code or of any municipal ordinance or State and Federal regulation relating thereto.
2. 
For each reinspection carried out after either a failure of the regular inspection or failure of an inspection carried out pursuant to a complaint as set forth in this section.
g. 
Violations and Penalties. Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.