In accordance with the powers granted to the borough by R.S.
40:48-1, et seq., and 40:49-1, et seq., and to better protect the
public welfare, health safety and morals of the citizens of the borough,
there shall be charged a sewer connection fee in accordance with the
following procedure.
Permits for sewer connections, both storm and sanitary, shall
be provided and shall be issued by the plumbing inspector. Application
shall be made therefor in writing upon forms to be supplied by the
officer and these applications shall be signed by the owner of the
subject property, and/or his duly authorized agent.
Upon such application being made, the plumbing inspector shall
notify the borough engineer and health inspector who shall make inspections
of the installations which are sought to be connected within a period
of 48 hours from the filing of such applications (weekends excepted)
The borough engineer, health inspector and plumbing inspection shall
then proceed to approve or disapprove the particular installation
which is sought to be connected, and if the installation is disapproved,
the plumbing inspector, upon receiving the report of the inspecting
officers shall within 24 hours notify the owner of the property and/or
his agent.
In the case of those instances where the size of the installation
requires a series of inspections as work progresses, the plumbing
inspector shall make such inspections as are required to properly
supervise each phase of the construction or installation.
The inspecting officer shall at all times have the right to
enter upon the lands served by the sewerage system and/or the realty
improvements for said purposes.
The installations shall be made and connected in accordance
with the borough building code, health code, sanitary code, planning
and subdivision ordinances, and any conditions which may appear upon
any preliminary and/or final plat filed by the owner of the property
under consideration.
If the installation sought to be connected is approved upon inspection as set forth in subsection 11-1.2, the plumbing inspector, who is hereby granted authority to issue the permits, shall grant the same upon the payment by the applicant of a fee in accordance with the following schedule for each sanitary sewer connection:
After the installation of the sewerage system the applicant
shall submit in duplicate a map with an overlay of the original plan,
upon which certification is based showing the location of the treatment
plant, and showing all utilities, construction units and connections
in exact location and elevation. The map shall bear the certification
of the engineer designing the system.
No permit authorizing any such connection shall be granted until all conditions are met in accordance with the requirements set forth in subsection 11-1.4 and 11-1.5. Further, should the installation be disapproved, the building inspector shall be immediately notified and he shall not thereafter issue a certificate of occupancy until the installation has been corrected to the satisfaction of the inspecting officers, who shall give notice to him of such satisfactory installation and connection.
Should any owner of property upon having made application for
a permit for a sewer connection which application was disapproved,
connect to the sewer facilities, either storm or sanitary, from the
subject property, he shall be notified upon the discovery of such
installation and connection that the connection is to be cut off within
five days and should he fail to heed this notice, then at the end
of the five days he shall be subject to prosecution in the municipal
court for a breach of this section. Each day of violation shall be
considered a separate offense.
Any person violating any of the provisions of this section shall,
on conviction thereof; be punished by a fine not exceeding $100 or
by imprisonment not exceeding 10 days, and it shall be lawful for
the officer before whom any person may be brought, in the discretion
of such officer, upon conviction, to imprison for any term less than
10 days or to impose any fine less than $100 and in default of the
payment of any fine authorized by this section to imprison any offender
for a term not exceeding 10 days in the county jail.
[Ord. No. 151R § 11; Ord. No. 2014-06]
This section shall be considered supplemental to any existing
ordinances within the borough having provisions consistent herewith.
a.
The owner of any property being served by the sewer system shall
be responsible for the maintenance and repair of the lateral line
running from any structure to the main sewer line of the Borough.
a.
For any additions, renovations or any new construction, the owner
shall be responsible to have a TV inspection of all sewer lines whether
existing, new or being replaced and shall submit the inspection to
the department of public works superintendent or his designated representatives
to verify same to assure the integrity of the sewer system and the
connections and shall further supply a CD/DVD of such inspection and
a written report indicating the findings of said inspection. The costs
of same to be paid by the owner of the property.
b.
The conditions of this subsection shall not apply wherein additional
renovation or new construction has not taken place, but merely the
installation of apparatus such as air ducts for air conditioning,
generators and similar items.
c.
The owner shall further pay an impact charge for the ongoing maintenance
and inspection of the borough's sanitary sewer system and the
effects, if any, of the improvements of said additions, renovations
or new construction.
d.
The imposition of said charges are for the purpose of the inspection
and repairs, maintenance and upkeep of the present sanitary sewer
system.
e.
If the use of said property is for residential uses, the owner shall
pay a sewer fee charge of $2,000 in regard to all new construction
or replacement construction and for any renovations or additions where
the building fee permit is based on a value in excess of $25,000.
Said fee shall be paid upon application for a building permit.
f.
Commercial properties shall be charged a sewer fee charge of $10,000
in regard to all new construction or replacement construction and
for any renovations or additions where the building fee is based on
a value in excess of $25,000. Said fee shall be paid upon application
for a building permit.
g.
Violations and penalties.
1.
Any person violating any of the provisions of this subsection shall,
for each and every violation thereof and for each and every day that
said violation continues to be in existence, upon conviction thereof,
be subject to a penalty not exceeding $1,000 or to imprisonment for
a period not exceeding 30 days or to community service for a period
not exceeding 90 days per violation at the discretion of the magistrate
of the Borough of Englewood Cliffs.
2.
Failure to obtain the proper permit, make satisfactory improvements,
as determined by the superintendent of public works or his designee,
or pay the proper permit fee shall be considered a violation and shall
be punishable under this subsection.
No garbage disposal unit shall be connected with the sewer system
of the borough, nor be permitted to discharge its effluent therein.
Pursuant to Chapter 123 of the Pamphlet Laws of 1946 of the State of New Jersey, a sewage district was established by resolution of the Board of Chosen Freeholders of the County of Bergen adopted February 19, 1947; pursuant to the Chapter 123, there was thereupon created for said sewage district the Bergen County-Hackensack River Sanitary Sewer District Authority (now the Bergen County Sewer Authority) and the Board of Chosen Freeholders has duly appointed the commissioners thereof who have duly qualified; and pursuant to the Chapter 123, an agreement with the authority for the disposal of sewage from the Borough of Englewood Cliffs, has been submitted to the Borough of Englewood Cliffs, which agreement is more particularly set forth in subsection 11-3.3. It appears after due consideration that it is in the best interest of the borough to enter in the agreement.
The borough shall enter into an agreement with the Bergen County Sewer Authority for the disposal of sewage of the Borough of Englewood Cliffs as more particularly set forth in subsection 11-3.2.
The agreement shall be in substantially the following form,
and the terms and conditions thereof are hereby approved and specifically
agreed to:
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AGREEMENT
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THIS AGREEMENT made as of the ______________ day of 20______
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BETWEEN
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THE BERGEN COUNTY SEWER AUTHORITY (hereinafter referred to as
the "Authority") a body politic and corporate of the State of New
Jersey,
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AND
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THE BOROUGH OF ENGLEWOOD CLIFFS, a municipal corporation of
the State of New Jersey situate in the County of Bergen, hereinafter
referred to as "Municipality."
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WITNESSETH
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RECITALS
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1. Pursuant to the Act of Legislature of the State of New Jersey
entitled: "An Act relating to the establishment of Sewerage districts
in first and second class counties, the creation of Sanitary Sewer
District Authorities by the establishing of such district, prescribing
the powers and duties of any such authority and of other public bodies
in connection with the construction of sewers and sewage disposal
facilities in any such district, and providing the ways and means
for paying the costs of construction and operation thereof," approved
April 23, 1946, constituting Chapter 123 of the Laws of 1946 (hereinafter,
with the acts amendatory thereof, referred to as "Act"), a sewage
district (hereinafter referred to as "Sewer Districts") was established
by resolution of the Board of Chosen Freeholders of the County of
Bergen, New Jersey, adopted on February 19, 1947. The Sewer District
comprises 50 municipal corporations situate in said County of Bergen,
and the Municipality is a part thereof.
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2. As provided in the Act, the Authority was created for the
Sewer District and is a body politic and corporate with perpetual
succession as a governmental instrumentality for the purpose, among
others, of the protection of public safety, health and welfare and
has all the proper or necessary powers to design, finance, construct,
acquire and operate such a system (hereinafter referred to as the
"Complete Sewer System") of trunk, intercepting and outlet sewers,
pumping and ventilating stations, treatment plants and other plants
and structures as in its judgment will provide the most effectual
and advantageous plan or method for relieving the Hackensack River
and its tributaries and other streams, whether navigable or otherwise,
within the Sewer District from pollution and for preventing pollution
of the same.
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3. Pursuant to the Act, the Authority did with all practicable
speed cause to be prepared a project report dated July, 1947, and
a project report dated December, 1952, and a project report dated
December 10, 1953, together with maps, designs and costs and other
estimates all in conformity with the Act (hereinafter collectively
referred to as the "Prior Project Report"), showing a proposed plan
or method of construction of a part (hereinafter referred to as the
"Overpeck Valley System") of the Complete Sewer System serving the
portion of the Sewer District known as the Overpeck Valley area, being
an area in which the Municipality is located either in whole or in
part, and pursuant to said Prior Project Report the Authority has
constructed a portion of the Overpeck Valley System including trunk,
intercepting and outlet sewers, a treatment plant, pumping stations
and other works serving in whole or in part the Borough of Cliffside
Park, the City of Englewood, the Borough of Fairview, the Borough
of Fort Lee, the Borough of Leonia, the Borough of Palisades Park,
the Borough of Ridgefield, the Village of Ridgefield Park, the Township
of Teaneck, the Borough of Tenafly and the Borough of Cresskill.
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4. Pursuant to the Act, the Authority did with all practicable
speed cause to be prepared a project report dated December 7, 1955,
together with maps, designs and costs and other estimates all in conformity
with the Act (hereinafter referred to as the "1955 Project Report")
relating to the Overpeck Valley System and showing a proposed plan
or method of construction, as a part of the Complete Sewer System,
of an intercepter sewer in the City of Englewood and Borough of Englewood
Cliffs connecting with the existing truck sewer of the Authority at
a point on the north border of New Jersey Highway Route No. 4 near
Jones Road and extending from such connection in a general northwardly
direction and generally along the course of Flat Rock Brook to a point
at or near the Englewood Cliffs-Englewood boundary line (said intercepter
sewer, together with all necessary works and facilities appurtent
thereto, being hereinafter referred to as the "Englewood Cliffs Extension").
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5. Copies of the Prior Project Report and the 1955 Project Report
have been supplied and submitted to the governing body of the Municipality
and to other bodies and in other places as required by the Act, and
the Prior Project Report and the 1955 Project Report are on file in
the office of the Authority and by this reference are made a part
hereof and are made subject to the provisions of this Agreement.
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NOW, THEREFORE, pursuant to the Act, and in consideration of
the premises and of the mutual covenants and undertakings herein contained,
it is hereby covenanted and agreed by and between the Municipality
and its successors, and the Authority, as follows:
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ARTICLE I
THE DISTRICT SEWER SYSTEM
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The Authority, pursuant to the Act and in the exercise of its
discretion, has heretofore deferred consideration of and action regarding
all parts of the Complete Sewer System except the Overpeck Valley
System, and shall hereafter, in the exercise of such discretion, defer
consideration of and action regarding only those parts of the Complete
Sewer System not constituting the Overpeck Valley System or the Englewood
Cliffs Extension. For all purposes of this Agreement, the Englewood
Cliffs Extension shall be deemed to be and shall constitute a part
of the District Sewer System of the Authority as that term is defined
and used in the Agreements dated as of November 23, 1948 and November
13, 1953, between the Authority and municipal corporations of the
State of New Jersey situate in the County of Bergen, and the Englewood
Cliffs Extension, together with the Overpeck Valley System, is hereinafter
referred to as the "District Sewer System."
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ARTICLE II
CONSTRUCTION OF DISTRICT SEWER SYSTEM
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Upon the taking effect of this Agreement and subject to the
conditions and provisions of the Act, the Authority shall with all
practicable speed commence and proceed with the construction and completion
of the District Sewer System, including the Englewood Cliffs Extension
in accordance with the Prior Project Report and the 1955 Project Report,
provided, however, that (a) the Authority, notwithstanding any of
the provisions of the Prior Project Report or the 1955 Project Report,
shall have full discretion in the determination of the size, capacity,
route and location of all trunk, intercepting and outlet sewers, pumping
and filtering stations, treatment plants and works or other plans
and structures, and (b) the Authority shall have full discretion to
make any change in any estimate or calculation in the Prior Project
Report or the 1955 Project Report, and (c) the Authority may proceed
with the construction and acquisition of the District Sewer System
and commence its operation in such sections or parts of the whole
or only at such time or times as the Authority may deem proper and
expedient and consistent with the plan or purpose of the Act. This
Agreement when effective shall continue and be binding upon the Municipality
notwithstanding any exercise of such discretion by the Authority contrary
to the provisions, estimates or calculations or any other conditions
of the Prior Project Report or the 1955 Project Report.
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ARTICLE III
OPERATION OF DISTRICT SEWER SYSTEM
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Upon completion of and acceptance of the District Sewer System
the Authority shall, as soon as practicable, cause the same to be
put into operation, and shall operate, repair and maintain the District
Sewer System so as to effectuate and carry out the plan and purposes
of the Act.
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ARTICLE IV
CONNECTIONS TO DISTRICT SEWER SYSTEM
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The Municipality shall, upon notice from the Authority, cause
and at all times permit its sewer or drainage system or the outfall
thereof to be connected with the District Sewer System at the point
or points designated in the 1955 Project Report or at such other point
or points as the Authority and the Municipality may mutually agree
upon, the said connection to be so made and constructed as to deliver
and discharge into the District Sewer System all of the sewage as
defined in the Act arising within or collected or caused by the Municipality
and not delivered by it into sewers or other facilities owned by the
City of Englewood or Borough of Tenafly discharging into the District
Sewer System. The Municipality shall be responsible for and pay the
costs of the delivery and discharge of sewage to and into such point
or points of connection.
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ARTICLE V
INSTALLATION OF METERS BY AUTHORITY
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Upon the making of connections with the District Sewer System
as provided in Article IV, the Authority shall provide and install
meters or other approved devices or establish other procedures for
the measuring of the flow of all sewage which shall be delivered and
discharged into the District Sewer System by the Municipality.
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ARTICLE VI
APPROVAL OF THE STATE DEPARTMENT OF HEALTH
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Before construction of any kind whatsoever with respect to the
Englewood Cliffs Extension is commenced under any contract or otherwise,
the plans and specifications for such construction shall be submitted
by the Authority to the State Department of Health of New Jersey for
approval as a sanitary measure, and a permit shall be obtained by
the Authority from said State Department of Health to proceed with
the work.
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ARTICLE VII
FISCAL YEAR
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A Fiscal Year of the Authority begins on the first day of January
in each year, and, wherever used in this Agreement unless a different
meaning clearly appears from the context, the term "year" or "Fiscal
Year" means a Fiscal Year of the Authority.
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ARTICLE VIII
ESTABLISHMENT OF RATES BY AUTHORITY
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The Authority may prescribe and change from time to time rates
to be charged under the Act and under this Agreement, for the discharge
and disposal of sewage through the District Sewer System. Such rates
shall be prescribed and from time to time revised so that the Authority
and the District Sewer System shall be and always remain self supporting
with earnings sufficient to provide for all expenses of operation,
maintenance, depreciation and repair, including establishment and
maintenance of working capital and reserves, and the payment and security
of the principal of and interest on any bonds issued or to be issued
pursuant to the Act, so as to prevent the accrual of any deficit.
Such rates shall be based upon the total annual volume of sewage from
municipalities, private sewer companies, industries or other institutions
discharged or disposed of through the District Sewer System, and shall
be uniform throughout the Sewer District for the same type, class
and amount of use or service of the District Sewer System, provided,
however, that the Authority may include in such rates provisions,
in its discretion, for surcharges giving weight to the characteristics
of the sewage and other wastes discharged or disposed of through the
District Sewer System and any other special matter affecting the cost
of treatment and disposal of such sewage and other wastes, including
but not limited to chlorine demand, biochemical oxygen demand, concentration
of solids and chemicals composition.
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ARTICLE IX
CALCULATION OF ANNUAL RATES
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On or before the fifteenth day of January, or in each Fiscal
Year, the Authority shall calculate the rate or rates upon which are
to be based the payment to be made to it during the current year pursuant
to the terms and provisions of this Agreement. Such rates shall be
established in accordance with Article VIII and with the Act and shall
include such surcharges as the Authority in its discretion may determine
and shall be calculated to provide such amount as the Authority reasonably
estimates will be required (in addition to any funds on hand applicable
to such purposes) during such Fiscal Year for payment and security
of the principal of and interest on any of the bonds or other obligations
authorized by the Act and for the cost of the operation, maintenance,
depreciation and repair of the District Sewer System, including establishment
and maintenance of working capital and reserves. The provisions of
this Article IX and of Article VIII and Article X and of Sections
43, 45 and 47 of the Act shall be deemed a contract between the Authority
and the holders of all bonds or other obligations authorized by the
Act, and issued by the Authority and shall be enforceable by appropriate
proceedings at law or in equity.
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ARTICLE X
CALCULATION AND CERTIFICATION OF ANNUAL PAYMENTS
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A
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On or before the seventeenth day of January in any year beginning
after the effective date of this Agreement, the Authority shall calculate
and certify to the Municipality the amount of money which it shall
be required to pay to the Authority during the year. As to the Municipality,
such amount shall be calculated by the Authority by applying said
rate or rates (including any applicable surcharges as provided for
in Article VIII and Article IX) to the volume and characteristics
of the sewage delivered and discharged in to the District Sewer System
by the Municipality during the year ending on the last day of December,
next preceding as shown by the records of the Authority or, if there
is no record covering such deliver and discharge during a full year,
then (1) if the sewer or drainage system of the Municipality or the
outfall thereof has not previously been connected with the District
Sewer System as provided in Article IV, to the volume of sewage (if
any) which the Authority then estimates will be delivered and declared
by the Municipality into the District Sewer System during the year
following such last day of December, or (2) if the sewer or drainage
system of the Municipality or the outfall thereof has previously been
connected with the District Sewer System as provided in Article IV,
to the volume of sewage which the Authority them estimates will be
delivered and discharged by the Municipality into the District Sewer
System during the first full year following the making of such connection.
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B
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Notwithstanding the foregoing provisions of this Article, the
amount of money certified pursuant to the paragraph A of this Article,
to the Municipality in each year shall in no event be less than the
amount (hereinafter referred to as the "Base Charge") obtained by
aggregating (1) the principal and interest payable by the Authority
in such year with respect to bonds or other obligations issued to
finance costs in connection with the Englewood Cliffs Extension plus
such part of the costs estimated by the Authority for such year of
the operation, maintenance, depreciation and repair of the District
Sewer System as is properly attributable to the Englewood Cliffs Extension
or the sewage and other wastes delivered and discharged into the Englewood
Cliffs Extension, and deducting therefrom (2) the amount, if any,
calculated by applying the rate or rates referred to in said paragraph
A to the volume of the sewage delivered during the year ending on
the last day of December next proceeding by the Municipality into
sewers or other facilities owned by the City of Englewood or Borough
of Tenafly discharging into the District Sewer System as shown by
any meters or other devices, satisfactory to the Authority, for measuring
such volume which shall have been installed by or at the expense of
the Municipality, and if with respect to any year the Base Charge
shall exceed the amount calculated in or for such year pursuant to
said paragraph A, the Municipality shall in such year pay to the Authority
as provided in this Agreement the amount of the said Base Charge and
the amount of said Base Charge shall in such year be certified to
the Municipality by the Authority as provided in said paragraph A
instead of the said amount calculated pursuant to said paragraph A.
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ARTICLE XI
PAYMENTS BY MUNICIPALITY
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A
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The Municipality shall in each year make provision for all payments
to become due from it to the Authority pursuant to Article X and shall
pay to the Authority for the services rendered or to be rendered to
it in the disposal of sewage, in each year in equal quarterly payments
as hereinafter stated, the amount of money certified to it in or for
such year by the Authority pursuant to said Article X. Such equal
quarterly payments shall be due on and be made on or before the first
days of February, May, August and November of each year.
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B
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In any part of any such installment or payment due to the Authority
from a Municipality shall remain unpaid for 30 days following its
due date, the Municipality shall be charged with and pay to the Authority
interest on the amount unpaid from its due date until paid at the
rate of 8% per annum, and the Authority in its discretion and without
releasing the Municipality from any obligation hereunder may refuse
to permit the Municipality to discharge sewage into the District Sewer
System during the period of such default and, at the expense of the
Municipality, may shut off from the District Sewer System, and upon
the curing of such default reconnect, the sewer or drainage system
of the Municipality or outfall thereof.
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C
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The provisions of this Article XI and Section 57 of the Act
shall be deemed a contract between the Municipality and the holders
of all bonds authorized by the Act and shall be enforceable by appropriate
action at law or suit in equity.
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ARTICLE XII
RECORDS OF AUTHORITY
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The Authority shall make and keep permanent records of the rates
established by the Authority and the volume of sewage delivered and
discharged into the District Sewer System by the Municipality and
all other users of the District Sewer System.
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ARTICLE XIII
TERM OF CONTRACT
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This Agreement is perpetual in time, provided, however, that
this Agreement shall be null and void and have no further force and
effect on or after December 31, 1956, unless the Authority shall have
at that time commenced the construction and acquisition of the Englewood
Cliffs Extension or some part thereof.
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ARTICLE XIV
ENLARGEMENT AND EXPANSION OF DISTRICT SEWER SYSTEM
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The District Sewer System may be enlarged and expanded and such
District Sewer System so enlarged and expanded shall be the District
Sewer System for all the purposes of this Agreement.
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ARTICLE XV
REMEDIES BY AUTHORITY
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Every obligation assumed by or imposed upon the Municipality
by this Agreement or pursuant to the Act shall be enforceable by the
Authority by proceeding in lieu of prerogative writ or other appropriate
action or proceeding instituted by the Authority.
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ARTICLE XVI
CONTRACTS WITH PRIVATE SEWER COMPANIES AND INDUSTRIES
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Nothing in this Agreement shall be construed to prevent the
Authority from entering into agreements in accordance with the Act
with any private sewer company or industry or with any other municipality
for the treatment and disposal through the District Sewer System or
otherwise of sewage or other wastes.
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ARTICLE XVII
EFFECTIVE DATE
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Upon the execution of this Agreement by the Municipality and
by the Authority, the same shall be in full force and effect and be
legally binding upon the Authority and upon the Municipality.
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ARTICLE XVIII
PRIOR AGREEMENTS NOT AFFECTED
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This Agreement shall not be construed to alter, amend, modify,
or supersede the terms of the certain agreements dated as of November
23, 1948 and November 13, 1953, between the Authority and municipal
corporations of the State of New Jersey situate in the County of Bergen,
but said agreements remain in full force and effect.
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ARTICLE XIX
EXECUTION OF COUNTERPARTS
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This Agreement may be executed in several counterparts, all
or any of which shall be regarded for all purposes as one original
and shall constitute and be but one and the same instrument.
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IN WITNESS WHEREOF, the Municipality and the Authority have
caused their respective corporate seals to be hereunto affixed and
attested and these presents to be signed in their respective corporate
names by their respective officers thereunto duly authorized and this
Agreement to be dated as of the day and year first above written.
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BERGEN COUNTY SEWER AUTHORITY
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By:
Harry E. Forsthoff. Chairman
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ATTEST:
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BOROUGH OF ENGLEWOOD CLIFFS
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By:
Mayor
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ATTEST:
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Borough Clerk
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The mayor shall be and he hereby is authorized and directed
on behalf of the borough to execute the agreement under the corporate
seal of the borough, which shall be affixed and attested by the borough
clerk, and to deliver the same.
The Federal government has enacted and amended the Federal Water
Pollution Control Act, now known as the Federal Clean Water Act (33
U.S.C. 1150 et seq.); and
The Bergen County Utilities Authority has enacted rules and
regulations, as required by the Federal Clean Water Act incorporating
an industrial cost recovery system, a user charge system, and regulations
pertaining to the use of sanitary sewers: and
The Borough of Englewood Cliffs is within the district serviced
by the Bergen County Utilities Authority and has contracted with the
Bergen County Utilities Authority for the removal and treatment of
the wastewater contained within the sanitary sewers of the Borough
of Englewood Cliffs: and
The Borough of Englewood Cliffs desires to assure that the sanitary
sewers operated and maintained by it will conform to the best sanitary
engineering practices and comply with the requirements of the Federal
Clean Water Act.
The use of all sanitary sewers of the borough shall be in compliance
with the rules and regulations enacted by the Bergen County Utilities
Authority.
The borough hereby adopts and enacts the user charge system
and industrial cost recovery system contained in the rules and regulations
of the Bergen County Utilities Authority, and authorize their immediate
implementation by the appropriate municipal official, to be designated
by resolution of the governing body.
Not fewer than three copies of the rules and regulations of
the Bergen County Utilities Authority have been and are filed in the
office of the clerk of the borough and are available for public inspection
during normal business hours.
Copies of the rules and regulations of the Bergen County Utilities
Authority can be obtained from the Bergen County Utilities Authority
for the cost of publication.
The mayor and council hereby declares its intent to regulate
and control the flow of any ground or surface waters except sanitary
sewer waters into its sanitary sewer system. It is the intent of this
section to prevent ground waters, surface waters, and any other waters
from entering the Englewood Cliffs Sanitary Sewer System by means
of sump pumps, storm drains or any other devices and to provide penalties
for the violation of same.
Whenever it is necessary for a property owner to obtain a certificate
of occupancy or a continued certificate of occupancy and/or there
is a transfer of any ownership of any residence or commercial building,
the construction official shall be required to perform the following
duties and acts:
Upon application for a certificate of occupancy or continued
certificate of occupancy, the fire subcode official shall inspect,
within 10 days, excluding weekends and holidays, the subject premises
in order to determine whether any sump pumps or drains or other mechanical
devices are discharging any waters into the sanitary sewer system.
In the event that he determines that there is such discharge, no certificate
of occupancy or continued certificate of occupancy shall be issued
to the possessor of said property until said condition is removed.
Upon the inspection of such dwelling, the fire subcode official shall
file an appropriate affidavit indicating that said inspection has
been made and shall file same with the borough clerk.
a.
No person shall connect a sump pump, drain or any other mechanical
or nonmechanical device which shall discharge unsanitary sewage waters
into the sanitary sewer system of the Borough of Englewood Cliffs.
b.
No commercial building shall be constructed unless all roof leaders
are connected directly to a storm drain system or a dry well and in
no event shall they be connected to the sanitary sewer system of the
Borough of Englewood Cliffs.
c.
In the event any owner of property applies for a building permit
to enlarge an existing building or to construct an additional building
on his property, then in that event, prior to a certificate of occupancy
being issued, all roof drains on the property that are presently connected
to the sanitary sewer system must be disconnected and connected to
either a dry well and/or the storm drain system of the municipality.
d.
Any permit for re-roofing or a new roof issued in regard to a roof
which is 7,500 square feet in area or greater shall require all roof
leaders to be connected to either a storm drain or dry well. If any
roof leaders then in existence are connected to any sanitary sewer
system, they shall be disconnected from any sewer that they are connected
to and reconnected to either a storm drain or dry well. In no event
shall any roof leader continue to be connected to the sanitary sewer
system of the Borough of Englewood Cliffs.
e.
Prior to re-roofing or installing a new roof which is 7,500 square
feet in area or greater, the owner or his representative shall make
application to the borough for a roof permit in regard to same.
f.
The fee for said permit shall be $200.
g.
The construction official or his designee shall review the application
and make an inspection to ascertain whether or not any roof drains
are presently connected to the sanitary sewer system of Englewood
Cliffs or will be connected as a result of said construction.
h.
No roof permit shall be issued unless the construction official,
or his designee, is satisfied that no drains will be connected to
said system and furthermore any drains presently connected shall be
disconnected.
i.
The construction official shall issue a permit for said repair or
reconstruction upon the applicant satisfying the provisions of this
section.
j.
Upon completion of the work the construction official, or his designee,
shall re-inspect the work in order to determine whether or not the
conditions of this section have been fulfilled.
In the event that the owner of real property in the Borough
of Englewood Cliffs violates any subsection of this section, the construction
official shall be empowered to give notice to the property owner of
the violation of same and the same shall be corrected within 30 days
thereof. In the event that the property owner fails to comply with
the order of the construction official, they shall be determined to
be in violation of this section.
For the purpose of administering and enforcing this section,
the borough construction official, or his designee, shall have the
right to enter into and upon any lands for which an application has
been filed and may examine and inspect such lands.
The construction official or his designee is hereby designated
as the enforcement officer.
Any person violating any of the provisions of this section shall,
upon conviction thereof, be subject to a penalty not exceeding $1,000
and/or to imprisonment for a period not exceeding 90 days and/or to
community service for a period not exceeding 90 days for each and
every day that said violation continues to exist.
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Borough
of Englewood Cliffs, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
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 Englewood Cliffs, unless
that discharge is authorized under a NJPDES permit other than the
Tier A Municipal Stormwater General permit (NJPDES Permit Number NJ
141852). 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 system of conveyances (including
roads with drainage systems, municipal streets, catch basin, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Englewood Cliffs 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 to 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 results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waster 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.
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 Englewood Cliffs, any domestic sewage,
non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater).
The provisions of this section shall be enforced by the police
department or the superintendent of the department of public works
or his designee of the Borough of Englewood Cliffs.
Any person(s) who is found to be in violation of the provisions
of this section shall, upon conviction thereof, be subject to a penalty
not exceeding $1,000 or to imprisonment for a period not exceeding
90 days or to community service for a period not exceeding 90 days.
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm water system (MS4) operated by the Borough of Englewood Cliffs,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
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.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Englewood Cliffs or other public body,
and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
a.
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Englewood Cliffs is prohibited. The spilling, dumping, or disposal
of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system
is also prohibited.
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and noncontact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and deicing materials immediately
following salt and de-icing material applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
This section shall be enforced by the police department and
the superintendent of the department of public works of the Borough
of Englewood Cliffs.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
The Federal Government has enacted and amended the Federal Water
Pollution Control Act, now known as the Federal Clean Water Act (33
U.S.C. 1150 et seq);
The Bergen County Utilities Authority has enacted rules and
regulations, as required by the Federal Clean Water Act in incorporating
an industrial cost recovery system, a user charge system, and regulations
pertaining to the use of sanitary sewers; and
The Borough of Englewood Cliffs is within the district serviced
by the Bergen County Utilities Authority and has contracted with the
Bergen County Utilities Authority for the removal and treatment of
the wastewater contained within the sanitary sewers of the Borough
of Englewood Cliffs, and
The Borough of Englewood Cliffs desires to assure that the sanitary
sewers operated and maintained by it will conform to the best sanitary
engineering practices and comply with the requirements of the Federal
Clean Water Act.
The use of all sanitary sewers of the borough shall be in compliance
with the rules and regulations enacted by the Bergen County Utilities
Authority.
a.
The borough hereby adopts and enacts the user charge system and industrial
cost recovery system contained in the rules and regulations of the
Bergen County Utilities Authority, and authorize their immediate implementation
by the appropriate municipal official, to be designated by resolution
of the governing body.
b.
Nothing contained herein shall preclude the borough from challenging
any amendments to the rules and regulations which may be hereafter
adopted.
Not fewer than three copies of the rules and regulations of
the Bergen County Utilities Authority have been and are filed in the
office of the clerk of the borough and are available for public inspection
during normal business hours.
Copies of the rules and regulations of the Bergen County Utilities
Authority can be obtained from the Bergen County Utilities Authority
for the cost of publication.
The annual user charge shall be computed on the previous calendar
year's amount of water used and the current calendar year's
charges imposed by the Bergen County Utilities Authority upon the
Borough of Englewood Cliffs, together with all appropriate administrative
costs for the operation and maintenance of the Englewood Cliffs Sewer
System.
There shall be allowed an exemption from the annual user charge
for all residential usage less than 300,000 gallons of water used,
with the exception of apartments for which provision is made hereinafter.
With respect to apartments, the exemption shall apply to usage less
than 300,000 gallons of water used with respect to each separate and
individual living unit within the apartment complex.
a.
No allowance shall be made for water which is metered but which does
not enter the sanitary sewer system, unless the owner installs and
maintains, at his expense, a meter approved by the Borough to measure
the water so diverted from the sewer line.
b.
In case of business or industry, where water is lost by evaporation,
the borough engineer, with the approval of the council, may make a
proper allowance for such evaporation.
c.
Where sprinkler systems are maintained, a proper credit shall be
given for water contained or passing through such sprinkler system,
which water does not reach a sanitary sewer line.
d.
Any owner may install and maintain, at his expense, a sewage flow
meter, approved by the borough engineer, to measure the flow into
the sewer lines. Where such a sewage flow is maintained, the owner
shall be billed on the actual reading of such meter, at the same rate
as determined hereinabove.
e.
In any specific case not contemplated or not clearly defined herein
or where the type of waste will place an extraordinary burden on the
sewage facilities either because of its quantity or its quality, the
borough council is hereby authorized, by contract or otherwise, to
establish a specific rate as may be necessary.
a.
As soon as practical after the passage of this section, the chief
financial officer and the tax collector shall attend to the preparation
of bills for the period beginning the first day of the month following
final passage and publication of this section and ending December
31, 2007, such period being hereinafter referred to as "the billing
year of 2007."
b.
User charges for the billing year 2007 shall be equal to the pro-rata
amount of the user charges which would have been imposed upon each
user for the calendar year 2007, under the terms of this section.
c.
Bills for the year 2007 shall be mailed by the tax collector of the
Borough of Englewood Cliffs to the owners of all properties incurring
such charges not later than July 1, 2007.
d.
Bills for the billing year 2007 are due and payable to the tax collector
on October 1, 2007. If such charges are not paid in full as of that
date, the unpaid charges shall be deemed delinquent as of that date,
and such unpaid charges shall become a lien upon the properties incurring
them as of that date.
