[1975 Code § 95-1; Ord. No. 13-2018; amended 9-14-2021 by Ord. No. 08-2021]
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; amended 11-24-2020 by Ord. No. 10-2020; 9-14-2021 by Ord. No. 08-2021]
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 $5,600.
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; 11-24-2020 by Ord. No. 10-2020; amended 9-14-2021 by Ord. No. 08-2021; 4-12-2022 by Ord. No. 04-2022]
a.
Effective January 2021, 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 100% percent of the prior year's water usage billed
at $0.012 per gallon.
b.
Effective January 2022, the annual sewer rate for each commercial
and residential use or unit, which has a single connection with the
system, shall be $560 per year, per use or unit in the Borough of
Allentown, plus 100% of the prior year's water usage billed at $0.013
per gallon.
c.
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 may reduce, adjust, or modify the billing of any
service hereunder based upon irrigation meter readings evidencing
non-sewered water usage. All irrigation meters shall be purchased
from the Borough. Following installation thereof by the property owner
and/or user, said irrigation meter must be inspected and approved
by the Water Operator before any such readings will be accepted by
the Borough for billing purposes. All meters shall be compatible with
the Borough's remote/radio meter reading system. Upon application
by the property owner and/or user submitted to the Utility Rent Collector,
and the payment of all costs in advance for the connection and verification
of an irrigation water meter, the Borough will provide the property
owner and/or user with an irrigation meter and the Water Operator
will inspect the irrigation meter after it is installed by the property
owner and/or user at the serviced premises. After inspection and approval
by the Water Operator, any reduction(s) for non-sewered water usage
by virtue of installation of an irrigation meter will begin upon the
next scheduled meter reading by the Water Operator. The upkeep, maintenance
and repair of the irrigation meter shall be the sole responsibility
of the property owner and/or user.
The Chief Financial Officer shall have the right to waive de
minimis amounts due that are under $5 in value.
d.
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.
e.
Properties Outside the Borough.
1.
Effective January 2021, 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
the flat rate annually charged, that amount being $1,080 per unit
plus 100% of the prior year's water usage billed at $0.024 per gallon.
2.
Effective January 2022, 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
the flat rate annually charged, that amount being $1,120 per unit
plus 100% of the prior year's water usage billed at $0.026 per gallon.
3.
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.
4.
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.
f.
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 only the base annual rate set forth in § 18-1.3a and b hereinabove and shall not be charged for water usage per gallon, regardless of whether said property is located within the boundaries of the Borough of Allentown.
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, 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; amended 9-14-2021 by Ord. No. 08-2021]
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; amended 9-14-2021 by Ord. No. 08-2021]
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.
Shall mean waste and wastewater from humans or household
operations.
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.
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)).
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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]
[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]
[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.
