Editor's Note: Ord. No. 33-2001 consolidated the Water Department and Sewer Department into the Department of Municipal Utility Services. Ord. No. 3-2016 deleted the Department of Municipal Utility Services and created a Division of Municipal Utility Services in the Department of Public Works. See now § 2-34.
[1]
Editor's Note: Ordinance No. 23-2008, adopted December 23,
2008 amended the PRBRSA Service Agreement with the Boroughs of Bloomingdale,
Butler and Kinnelon.
[1966 Code § 66-1; Ord. No. 7-74]
Pursuant to the provisions of Section 4(c) of the Sewerage Authorities
Law of the State of New Jersey (Laws of 1946, Chapter 138, as amended
and supplemented), there is hereby created a public body corporate
and politic under the name and style of the "Pequannock River Basin
Regional Sewerage Authority."
[1966 Code § 66-2; Ord. No. 7-74]
The Pequannock River Basin Regional Sewerage Authority is and
shall be an agency and instrumentality of the participants created
by parallel ordinances duly adopted by their Governing Bodies and
is a sewerage authority as contemplated and provided for by the Sewerage
Authorities Law and shall have and exercise all of the powers and
perform all of the duties provided for by the Sewerage Authorities
Law and any other Statutes heretofore or hereafter enacted and applicable
thereto.
[1966 Code § 66-3; Ord. No. 7-74]
The Pequannock River Basin Regional Sewerage Authority shall
consist of six members, who shall serve without salary. Two of such
members shall be appointed by the governing body of each of the participants,
all in accordance with the provisions of Section 4(c) of the Sewerage
Authorities Law.
[1966 Code § 66-4; Ord. No. 7-74]
A copy of this section duly certified by the Municipal Clerk
shall forthwith be filed by the Clerk in the office of the Secretary
of State of the State of New Jersey.
[1966 Code § 66-6; Ord. No. 13-87]
The Mayor and Council, as the governing body, does hereby determine
that there exists a need and a requirement to provide an efficient
means for the enforcement of rules and regulations regulating the
making of connection to, and regulating the discharge into the primary
sewer system operated by, the Pequannock, Lincoln Park and Fairfield
Sewerage Authority, pursuant to the provisions of N.J.S.A. 40:14A-23
and Section 701 of the Service Agreement between the Pequannock River
Basin Regional Sewerage Authority and the Pequannock, Lincoln Park
and Fairfield Sewerage Authority. The Borough hereby adopts the rules
and regulations which are enumerated at length in a document entitled
"Rules and Regulations Governing the Discharge of Sewage, Industrial
Wastes or Other Wastes into the Pequannock, Lincoln Park and Fairfield
Sewerage Authority System and All Sewers Tributary Thereto," adopted
on April 5, 1978, and amended January 11, 1984, by the Pequannock,
Lincoln Park and Fairfield Sewerage Authority by resolutions.
[1966 Code § 66-7; Ord. No. 13-87; New]
Any person violating any rules, regulations or emergency proclamations of the Pequannock, Lincoln Park and Fairfield Sewerage Authority in the Borough shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5, and the Municipal Court of the Borough shall have jurisdiction in actions for the violation of such rules and regulations, which shall be enforced by like proceedings and processes as those provided by law for the enforcement of regulations of the municipality. In the event of continuing violation, each day the violation continues shall be deemed a separate and distinct violation. The officers authorized by law to serve and execute processes in the Municipal Court shall be the officers to serve and execute processes issued out of the Municipal Court for violations of the rules and regulations of the Authority. The Executive Director of the Authority is hereby designated as the enforcement officer of this section.
[1966 Code § 66-8; Ord. No. 13-87]
All moneys collected, either as fines or penalties, but not
Court costs, for any violations of the rules and regulations of the
Authority under any provisions of this section shall be forthwith
paid over to the Authority by the custodian of municipal funds.
[1966 Code § 65-1; Ord. No. 310; Ord. No. 32-2001; Ord. No. 33-2001; Ord.
No. 3-2016; amended 7-21-2020 by Ord. No. 24-2020]
As used in this section:
Shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under laboratory procedure in five days
at 20° C. expressed in parts per million by weight.
Shall mean a sewer conveying wastewater from the premises
of a user to the Borough sewer.
Shall mean solid wastes from the preparation, cooking and
disposing of food, and from the handling, storage and sale of produce.
Shall mean the liquid wastes from individual processes as
distinct from sanitary sewage.
Shall mean the sewers laid longitudinally along the center
line or other parts of the street roadway right-of-way areas, or other
right-of-way easements and to which all owners of abutting properties
have equal rights and which is controlled by the public authority.
Shall mean any outlet into a watercourse, pond, ditch, lake
or other body of surface or groundwater.
Shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
Shall mean all the plumbing work within residences, business
buildings, institutions and industrial establishments within such
buildings and to a point five feet outside of the buildings, which
will convey sewage from within the buildings, through service connections
leading to main or trunk line sewers.
Shall mean the wastes from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles will
be carried freely under flow conditions normally prevailing in public
sewers with no particle greater than 1/2 inch in any dimension.
Shall mean a sewer in which all owners of abutting properties
have equal rights of use and is controlled by public authority.
Shall mean a sewer which carries sanitary sewage only, and
to which stormwaters, surface waters and subsurface groundwaters are
not permitted to be admitted.
Shall mean water-carried wastes from residences and industrial
establishments.
Shall mean that part of the sewerage system that runs from
the main or trunk-line sewer, including all necessary fittings, to
the connecting point outside of all residences, business buildings,
institutions and industrial establishments. No sewer extension will
be permitted to enter into any existing manhole on main or trunk-line
sewers, but must be connected into an existing tee or wye fitting
on the main or trunk-line, or provision made to construct a tee or
wye connection into the main or trunk-line to accommodate such extension,
or where existing service extensions have been made to the curbline,
the extension can be used if the same will accommodate the further
extension of the same to the points to be serviced for sewage discharge.
Shall mean all facilities for collecting, pumping and disposing
of sanitary sewage.
Shall mean the Superintendent of the Department of Public
Works of the Borough of Bloomingdale, or his authorized deputy, agent
or representative.
Shall mean solids that either float on the surface of or
are in suspension in water, sewage or other liquids, and which are
removable by laboratory filtering.
Shall mean each home, separate apartment in each home, apartment,
condominium, or separately leased or rented residential area, in which
a family unit or individual or parties may separately reside. In the
case of commercial users, or mixed commercial residential users, each
separate store or commercial space or establishment, and each separate
residence, be it owned, leased or rented, or otherwise occupied, shall
be considered a dwelling unit whether or not it is in the same building
structure, including condominium ownership, leasehold or rental usage,
and whether or not a single common discharge is shared by separate
residential and/or commercial users in a single building or a single
lot.
Shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
[1966 Code § 65-2; Ord. No. 310; Ord. No. 33-2001; Ord. No. 3-2016]
a.
Main or Trunk-Line Sewers. All pipes shall be circular in shape having
an inside diameter of not less than eight inches, cement asbestos
type with rubber ring joints, Class 2400, installed in accordance
with manufacturer's instructions, laid on a gradient of not less than
zero point fifty (0.50%) percent. Extra-heavy cast-iron pipe (bell
and spigot type), with leaded joints, shall be used under or through
bridges, culverts, watercourse or other areas deemed necessary by
the Superintendent of Public Works. All pipes must be laid to a proper
line and grade and in accordance with plans and profiles approved
by the Superintendent. In areas which may require larger main or trunk-line
sewers, the determination will be made by the Borough, employing an
engineering study which must conform to and be approved by the New
Jersey State Board of Health authorities before final approval can
be given for the plans, profiles, specifications and construction
of the same.
b.
Sewer Extensions. All pipes to be used shall be circular in shape
having an inside diameter of not less than four inches nor more than
six inches. Cement-asbestos pipe, Class 2400, with rubber-ring joints,
installed in accordance with manufacturer's instructions, laid on
a gradient of not less than 1/4 inch per linear foot or as directed
by the Superintendent of Public Works, or extra-heavy cast-iron pipe
(bell and spigot type) jointed with lead, sulphur, ty-seal or equal
jointing compounds, except that lead joints shall be used exclusively
within an area of 10 feet of a water service pipe. No pipe shall be
laid to a grade having a cover less than 30 inches from the top of
the pipe to the finished surface elevation of land areas or paved
areas, except in extreme cases where a minimum depth cannot be maintained.
Where extensions are laid at a depth shallower than 30 inches, the
entire pipe must be encased in concrete having a thickness of not
less than six inches around the entire perimeter of the pipe. Services
from the sewer main to a point one foot inside the curb may be either
cement-asbestos or cast-iron pipe. Services from one foot inside the
curb to the building being served shall be heavy-duty cast-iron pipe.
c.
Cleanouts. Cleanouts must be installed on all extensions to points
to be served, lying between the main or trunk-line sewer and the building
or structure to be served. They shall be constructed on extensions,
inside of the street or right-of-way lines, before reaching the point
of connection to the building or structure to be served, at a point
designated by the Superintendent of Public Works, and are not to exceed
a distance of 50 feet from the main trunk-line sewers. They shall
also be constructed at all deflection points of the sewer extension
if a uniform straight alignment cannot be maintained. The cleanout
shall consist of a long turn wye and straight vertical pipe with a
cast-iron frame and cover at the top, brought up to a point within
three inches below the finished surface grade. The entire cleanout
shall be encased in concrete, having a maximum thickness of four inches
around the entire perimeter of the pipe and fittings.
d.
Manholes. Manholes shall be of standard design, having a minimum
inside diameter of 48 inches, circular in shape and in accordance
with the New Jersey State Highway Department Specifications. Manholes
may be constructed with solid concrete blocks, brick or precast concrete,
with a heavy duty cast-iron circular frame and cover. The cover shall
be not less than 24 inches in diameter, and steps shall be provided
on the inside wall for means of entering and leaving the manhole.
When concrete blocks or brick are used for manhole construction, the
inside and outside walls must be covered with smooth troweled cement-mortar
plaster having a thickness of not less than 1/2 inch, using a one
to two (1:2) cement-mortar plaster.
[1966 Code § 65-3; Ord. No. 310; New]
a.
It shall be unlawful for any person to place, deposit or permit to
be deposited in an unsanitary manner, upon public or private property
within the Borough, or in any area under the jurisdiction of the Borough,
any human or animal excrement, garbage, industrial wastes or other
objectionable waste.
b.
It shall be unlawful to discharge any sewage or waste materials into
any natural outlet or watercourse within the Borough or in any area
under the jurisdiction of the Borough, which sewage or waste materials
are more fully defined as being sanitary sewerage, industrial wastes,
garbage or other polluted waters or materials, except where suitable
private treatment plant facilities are privately constructed and maintained
under the jurisdiction of the New Jersey State Board of Health authorities,
and the treatment plants must be maintained and operated by private
owners.
c.
The owners of all residences, business buildings, institutions, industrial
establishments, recreational areas or places where the disposal of
sanitary sewage is prevalent situated in the Borough and abutting
on any street, alley or right-of-way in which there is now located
or may in the future be located a public sanitary sewer of the Borough
will hereby, at their own expense, be required to install suitable
toilet facilities and other required plumbing and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this chapter within 120 days after the date of official
notice to do so, provided that the public sewer is within 100 feet
of the property line of properties to be served.
d.
In areas having no public sewer facilities available or no plans
being made for immediate future main or trunk-line sewer construction,
the construction of private cesspools with disposal tanks or disposal
beds and private treatment plants, constructed strictly in accordance
with the requirements of the New Jersey State Board of Health authorities,
will be permitted, at the owner's expense, to be operated and maintained
by the owner or owners, and when a public sewer is constructed in
these particular areas, it shall become necessary to make connections
into the public sewer within a period of 90 days after the date of
official notice to do so, except in cases where treatment plants have
been constructed by the owner or owners which have been authorized
and permitted by the New Jersey State Board of Health authorities.
[1966 Code § 65-4; Ord. No. 310; Ord. No. 22-91; Ord. No. 33-2001; Ord.
No. 3-2016]
a.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent
of Public Works.
b.
All costs and expense incident to the installation and connection
shall be borne by the owner. The owner shall indemnify the Borough
from any loss or damage that may directly or indirectly result during
construction.
c.
A separate and independent connection shall be provided for every
building except where one building is located at the rear of another
on an interior lot or where exceptional topographic conditions or
physical features uniquely affect the property and no private sewer
is available or can be constructed to the rear building through an
adjoining alley, court, yard or driveway, in which case the connection
from the front building may be extended to the rear building through
an adjoining alley, court, yard or driveway, employing the proper
alignment and gradients for sewer, cleanouts or other fittings as
directed by the Superintendent, and old pipe extended as directed
at the discretion of the Superintendent. If not sufficient, the entire
line is to be enlarged. The foregoing exceptions can be granted only
by resolution of the Mayor and Council.
d.
A portion of the existing outside piping of the plumbing system may
be used in connection with the new connection only when the existing
outside pipe has been found upon examination and test by the Superintendent
as meeting the requirements of this chapter.
e.
Whenever possible, the connections shall be brought to the building
at an elevation below the basement or cellar floor. No connection
shall be laid parallel to or within three feet of any bearing wall
of the building which might be weakened by such installation. The
depth shall be sufficient to afford protection from frost and laid
at a uniform grade from the main or trunk-line sewer or a can-connection
already installed at the curbline and in a straight alignment insofar
as possible. Changes in direction shall be made only with properly
curved piping and fittings and cleanouts provided as directed by the
Superintendent.
f.
In all buildings in which the plumbing is too low to permit a gravity
flow into the public sewer or sewer extension, sanitary sewage to
be carried by such drain shall be lifted by approved artificial means
of pumping equipment and discharged into the sewer extension.
g.
The Borough will not be responsible for the maintenance of any sewer
extension or connection from the building connection in the direction
toward the buildings to be served on private properties. The owners
shall maintain and clean the sewer extensions or connections in areas
as above specified at their own expense and responsibility.
[Amended 7-21-2020 by Ord. No. 24-2020]
[1966 Code § 65-5; Ord. No. 310; Ord. No. 33-2001; Ord. No. 20-2009 § 2; Ord. No. 3-2016]
All trenches shall be constructed to proper widths, alignment
and grades in a careful manner, properly sheathed where required,
and where unsuitable and unstable conditions are found in trenches
upon which pipe is to be laid, proper methods of subbase materials,
planking, etc., shall be employed as directed by the Superintendent
of Public Works. All piping shall be laid to a straight alignment
and grade. When rock is encountered in trenches where pipe is to be
laid, the same shall be excavated to a depth of at least six inches
below the bottom of the pipe and at least six inches around the entire
perimeter of the pipe, and proper subbase materials shall be placed
under the pipe to support the same as directed by the Superintendent.
Joints for cement-asbestos pipe shall be the standard rubber-ring
coupling type and installed in accordance with the manufacturer's
instructions. Other jointing materials and methods may be used only
upon approval of the Superintendent. All joints and connections shall
be made gastight and watertight. Cast-iron pipe joints shall be firmly
packed with jute, hemp or equal yarning material and hot-poured with
melted lead, sulphur or other approved similar compounds to a depth
of not less than one inch. The jointing compound shall be run in one
pouring and caulked tight. No paint, varnish or other coatings shall
be permitted until after the joint has been tested and approved by
the Superintendent. Materials for hot-poured joints shall not soften
sufficiently to destroy the effectiveness of the joint when subjected
to a temperature of one hundred sixty (160°) degrees Fahrenheit
nor be soluble in any of the wastes carried by the drainage system.
When hot lead joints are made, they shall be properly caulked with
caulking irons around the entire perimeter of the joint. During construction
of main or trunk-line sewers, sewer extensions or connections, the
excavated materials must be piled in a compact heap, so placed as
to cause the least possible inconvenience to public foot travel, or
vehicular travel, nor obstruct any driveway entrances, storm drains
and fire hydrants. In backfilling all trenches the material for the
two feet immediately on the top of piping shall be selected so it
contains no stones or other foreign matter. This backfill material
can consist of clean earth, sand or stone dust, and must be properly
tamped, before the backfilling of the remainder of the trench takes
place. The remainder of the trench is to be backfilled with proper
material approved by the Superintendent in a workmanlike manner, tamped
and filled in with eight inch layers so as to avoid any settlement.
When the trench has been filled to the proper height, or grade, the
materials in roadway areas are to be placed and heavily rolled or
tamped, using materials and method of application acceptable to the
Superintendent. Nothing in this section shall be construed as abrogating
any of the existing requirements of the Borough relating to the excavation
and backfilling of trenches, but the requirements herein contained
shall be in addition hereto. Prior to any construction of main or
trunk sewers, sewer extensions or connections, the Superintendent
must be given 24 hours' notice in order that he may supervise such
work. If the Superintendent has not been given ample notice, he may
require the completed work to be uncovered for examination and inspection
at the owner's own expense. Before any portion of the existing plumbing
system outside of buildings is to be connected to the sewer extension,
the owner shall prove to the satisfaction of the Superintendent that
the plumbing is clean and conforms in every respect to these rules
and regulations. The Superintendent may apply any appropriate tests
to the pipes, fittings, manholes, etc., for main or trunk-line sewers,
sewer extensions and connections, and the contractor will be required
at his own expense to furnish all necessary tools, labor and materials
to make such tests, and shall remove any defective materials or correct
defective work when so ordered by the Superintendent. For main or
trunk-line sewer and sewer extensions to curblines, only qualified
sewer contractors will be permitted to perform the construction work
required. In cases where sewer extensions or connections are made
from either the main or trunk-line sewer in streets or right-of-way
areas, or from a curbline extension, only a qualified licensed plumber
or a sewer contractor approved by the appropriate committee of the
governing body and Superintendent of Public Works can perform the
construction as specified in this chapter. All sewer contractors or
licensed plumbers performing these services must furnish the Borough
with an acceptable bond in favor of the Borough, the bond to be a
minimum of $500 per house connection to guarantee the work and provide
for proper barricades, lights and other means and measures to protect
the public and Borough against responsibility from any damages or
lawsuits that might arise due to the negligence or actions of either
the contractor or licensed plumber. The bond or bonds shall remain
in effect until such time as the Superintendent is fully satisfied
with all of the workmanship, restoration of roadways, curbs, sidewalks,
etc., and the bond or bonds will only be released upon the recommendation
of the Superintendent to the Borough. All sewer contractors or licensed
plumbers performing these services must furnish the Borough with an
acceptable bond in favor of the Borough, the bond to be a minimum
of $3,000 per house connection to guarantee the work and provide for
proper barricades, lights and other means and measures to protect
the public and Borough against responsibility from any damages or
lawsuits that might arise due to the negligence or actions of either
the contractor or licensed plumber. The bond or bonds shall remain
in effect until such time as the Superintendent is fully satisfied
with all of the workmanship, restoration of roadways, curbs, sidewalks
and the like, and the bond or bonds will only be released upon the
recommendation of the Superintendent to the Borough.
[1966 Code § 65-6; Ord. No. 310; Ord. No. 33-2001; Ord. No. 3-2016]
a.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial process waters into any Borough public
sewer.
b.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically known as storm sewers or to natural
outlets or watercourses provided, however, that any Borough Board
of Health or New Jersey State Board of Health requirements are not
violated.
c.
Except as hereinafter provided, no person shall discharge or cause
to be dis-charged any of the following described waters or wastes
to any public sewer:
1.
Any liquid or vapor having a temperature higher than one hundred
fifty (150°) degrees Fahrenheit.
2.
Any water or waste which may contain more than 100 parts per million
by weight of fat, oil or grease.
3.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
4.
Any garbage that has not been properly shredded.
5.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure or any other solid or
viscous substance capable of causing obstruction to the flow in sewers
or other interference with the proper operation of sewage works.
6.
Any waters or wastes having a pH lower than five point five (5.5)
or higher than nine point zero (9.0) or having any other corrosive
property capable of causing damage or hazard to structures, equipment
and personnel of the sewage works.
7.
Any waters or wastes containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals or create any hazard
in the receiving waters of the sewage treatment plant.
8.
Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the sewage treatment plant.
d.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Superintendent of Public Works they are necessary for
the proper handling of liquid wastes containing excessive amounts
of grease, or any flammable wastes, sand and other harmful ingredients;
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the New Jersey State Board of Health and the
Superintendent of Public Works, and shall be so located as to be readily
and easily accessible for cleaning and inspection. Grease and oil
interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight and equipped with easily
removable covers which when bolted in place shall be gastight and
watertight.
e.
Where installed, all grease, oil and sand interceptors shall be maintained
by the owner at his own expense, and be in continuously efficient
operation at all times.
f.
The admission into the public sewers of any waters or wastes having:
1.
(a)
A five day biochemical oxygen demand greater than 300 parts
per million, by weight, or
(b)
Containing more than 350 parts per million, by weight of suspended
solids, or
(c)
Containing any quantity of substances having the characteristics described in Subsection c above.
(d)
Having an average daily flow greater than 2% of the average
daily sewage flow of the Borough, shall be subject to the review and
approval of the Superintendent of Public Works.
2.
Where necessary, in the opinion of the Superintendent of Public Works,
the owner shall provide, at his expense, preliminary treatment as
may be necessary to:
(a)
Reduce the biochemical oxygen demand to 300 parts per million
and the suspended solids to 350 parts per million by weight, or
(b)
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection c above, or
(c)
Control the quantities and rates of discharge of such waters
or wastes, and plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be subject
for submission for the approval of the Superintendent and of the Water
Pollution Control Commission of the State of New Jersey, and no construction
of such facilities shall be commenced until the approvals are obtained
in writing.
g.
Where preliminary treatment facilities are provided for any waters
or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner at his own expense.
h.
When required by the Superintendent of Public Works, the owner of
any property served by a building sewer carrying industrial wastes
shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole when required shall be accessible and safely located, and
shall be constructed in accordance with plans approved by the Superintendent.
The manhole shall be installed by the owner at his own expense, and
shall be maintained by him so as to be safe and accessible at all
times.
i.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections c and f above, shall be determined in accordance with "Standard Methods for Examination of Water and Sewage," and shall be determined at the control manhole provided for in Subsection h above, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
j.
No statement contained in this section shall be construed as preventing
any special agreement or arrangement between the Borough and any industrial
concern whereby an industrial waste of unusual strength, or character
may be accepted by the Borough for treatment, subject to payment therefor
by the industrial concern.
k.
The owner or owners of any industrial establishment which discharges
its waters or wastes into the Borough public sewers shall permit the
Superintendent of Public Works to enter upon the premises of the establishment
at any time for examination, inspection of sewers and related appurtenances
which are connected with the public sewer.
l.
When industrial establishments, business buildings, institutions
or other users of the public sewers are required to pay for sewage
disposal on a quantity-metered basis, the owner or owners shall install
an approved type of measurement device, properly constructed at an
accessible place and shall permit the Superintendent of Municipal
Utility Services the right of access for examinations, meter readings,
etc. These measuring devices and related appurtenances shall be constructed
and maintained by the owners at their own expense and shall be kept
in proper working order at all times.
[1966 Code § 65-7; Ord. No. 310; Ord. No. 33-2001; Ord. No. 20-2009 § 2; Ord. No. 3-2016; amended 11-24-2020 by Ord. No.
37-2020]
[1966 Code § 65-9; Ord. No. 310; New]
[1966 Code § 65-10; Ord. No. 310]
No unauthorized person, firm, company, association, society,
corporation or group shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the public sewers.
[1966 Code § 65-11; Ord. No. 310; Ord. No. 33-2001; Ord. No. 3-2016]
The Superintendent of Public Works and any other duly authorized
deputy, agent or representative of the Borough bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurement, sampling
and testing in accordance with the provisions of this chapter.
[1966 Code § 65-12; Ord. No. 310]
Any person who shall violate any of the regulatory provisions of this chapter or who shall fail or refuse to correct a violation after having received a notice from the Borough shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5. Each and every day that a violation exists after expiration of time limit under a notice from the Borough to correct the same shall be deemed a separate offense and punishable as such.
[1966 Code § 65-16; Ord. No. 1-88]
The intent and purpose of this section is to provide an equitable
method of distributing among property owners of the Borough the expenses
related to the operation of the sewer system and to provide that the
expenses shall be distributed in part by the levy of ad valorem taxes
generally throughout the Borough and in part by the collection of
sewer user charges from property owners connected to the local sewer
collection system. This section also provides for sewer connection
fees.
[1966 Code § 65-18; Ord. No. 1-88]
Except as otherwise provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, private
sewerage plant system or other facility intended or used for the disposal
of sewage where a public sewer is within 100 feet of the property
line.
[1966 Code § 65-19; Ord. No. 1-88]
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within
the Borough and abutting on any street, alley or right-of-way in which
there is located a public sanitary sewer of the Borough, are hereby
required at their expense to install suitable sanitary facilities
therein and to connect such facilities and all other soil, waste and
other drainage pipe facilities directly with the proper public sewer
within 120 days after the date of official notice to do so, provided
that the public sewer is within 100 feet of the property line.
[1966 Code § 65-20; Ord. No. 1-88; Ord. No. 20-2009 § 2]
If, after the expiration of the 120 days from the date of official
notification, the owner of any property affected by the provisions
of this section has failed to make such sewer connection as required
by this section after receiving official notice requiring such action
as herein before provided, the Borough may levy a fine on the property
owner of not more than $500 per day per required connections.
[1966 Code § 65-21; Ord. No. 1-88]
a.
The Mayor and Council, by resolution duly adopted, after public hearing,
with 10 days' written notice to the owners within 100 feet of the
owner-applicant's property, may waive the provisions of this section
requiring connection with the sanitary sewer system of the Borough
upon the following grounds:
b.
If a septic system has been installed within five years prior to
the adoption of this section, the governing body may grant a waiver,
if the operation of the system is adequate.
c.
The waiver shall be for a period to be determined by the Mayor and
Council, such period not to exceed three years, and such waiver shall
be applicable to the owner-applicant only and shall be recorded in
the tax records of the Borough.
[1966 Code § 65-22; Ord. No. 1-88]
At such time as a public sewer becomes available to a property
not presently served by the public sewer system, a direct connection
shall be made to the public sewer in compliance with this section,
and the use of any septic tanks, cesspools and similar private sewage
disposal facilities shall be abandoned; they shall be emptied and
filled with suitable granular material within 30 days of notice to
make such connection.
[1966 Code § 65-23; Ord. No. 1-88]
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a permit from the appropriate municipal
official.
[1966 Code § 65-24; Ord. No. 1-88]
A separate and independent building sewer and service connection
shall be provided for every building and for each unit in a complex
with more than two dwelling units.
[1966 Code § 65-25; Ord. No. 1-88]
All users of the public sewer system shall be required to comply
with the applicable regulations of the Borough.
[1966 Code § 65-26; Ord. No. 1-88; Ord. No. 6-88; Ord. No. 32-2001 § 2; Ord. No. 20-2009 § 2]
a.
Persons Responsible for Payment. The owner of any house, tenement,
building or lot shall be liable for the payment of the price or rent,
as fixed by the governing body, for the use of sewer service by such
owner or any occupant thereof (which occupant shall also be jointly
and severally liable) and for the installation, purchase price, repair
and testing of any sanitary sewer extension, connection, appliances,
fixtures or parts, and renewals thereof, heretofore or hereafter furnished
or made by the Borough or any Department thereof, in or upon such
house, tenement, building or lot connecting therewith, and the interest
and penalties charged. The price or rent so fixed, and the other costs,
expenses, interest and penalties, shall be a lien upon the house,
tenement, building or lot until paid and satisfied. The governing
body may require payment in advance for the use or rent of sewer service
furnished by the Borough and for any work to be done or materials
to be furnished in connection therewith.
b.
Time for Payment; Interest Rate. All charges shall be paid within
30 days after the date of the bill. If not so paid, interest for the
expiration of the 30 day period shall be assessed at the rate set
forth in N.J.S.A. 40:14B-41. The property owner may appeal to the
governing body any interest charge that the property owner deems to
be inaccurate, and the governing body shall, by resolution, have the
authority to waive, adjust or uphold any such charge.
c.
Service Shut-off; Collection of Outstanding Rents and Charges. In
the event that prompt payment of any sewer rent(s) or charge(s) for
work done or materials furnished is not made when due, the water and/or
sewer service may be shut off from such real estate and shall not
be again supplied until the arrears, with interest and penalties,
shall be fully paid. If any sewer rent or other charge shall remain
in arrears for three months, the Borough Official or Department charged
with the duty of collection of said rent(s) or charge(s) shall file
with the Borough Official or Department charged with the duty of collection
of tax arrears a statement showing such arrearages, and from the time
of such filing, the sewer rent or other charges shall be a lien upon
the real estate to which the sewer service was furnished and in connection
with which the charges were incurred to the same extent as taxes are
a lien upon real estate in the municipality and shall be collected
and enforced by the same officers and in the same manner as liens
for taxes. In addition to its remedy of enforcing said lien, the Borough
may institute suit against the owner or occupant, or both, for collection
of any unpaid rent(s) and/or charge(s). In the event that the Borough
files a lawsuit, the owner or occupant, or both, shall be liable for
the amount due as well as accrued interest at then-existing rate of
interest, plus counsel fees, expenses and costs of court.
d.
Effect Upon Certificate of Occupancy. No certificate of occupancy
shall be issued with respect to any house, tenement, building or lot
if there are any outstanding sewer rent(s) and/or charge(s) with respect
to such house, tenement, building or lot.
e.
Effect Upon Land Use Applications. Neither the Planning Board of
the Borough nor the Zoning Board of Adjustment of the Borough shall
act upon any land use application presented to, or pending before
it, unless and until all sewer rent(s) and/or charges shall have been
paid in full as of the time of the filing of any such application.
[1966 Code § 65-27; Ord. No. 1-88]
The governing body shall annually adopt a separate section of
the budget for the sewer system operation in accordance with the provisions
of N.J.S.A. 40A:4-33 et seq. and further in accordance with regulations
which shall be promulgated by the Division of Local Government.
[1966 Code § 65-28; Ord. No. 1-88]
The governing body shall annually, at the same time it adopts
its temporary budget, adopt a separate section of the temporary budget
for the sewer system operations.
[1966 Code § 65-29; Ord. No. 1-88]
a.
At the time the budget is adopted, the governing body shall determine
what part of the annual costs are to be paid by the levy of ad valorem
taxes generally throughout the Borough, and such amount shall be included
in the budget as an anticipated revenue to the sewer budget.
b.
In determining the amount of the levy of ad valorem taxes, the governing
body shall determine the extent to which the sewer system constitutes
a community-wide benefit to the community and the extent to which
the properties actually connected, or required to be connected, to
the public sewer system are specially benefited.
[1966 Code § 65-30; Ord. No. 1-88; Ord. No. 29-88]
A sewer user charge shall be paid by the property owner of property
connected to the public sewer system. The charge shall be as provided
in this section. Thereafter, the governing body shall annually adopt
a sewer user charge ordinance. A charge shall continue in effect until
changed by a subsequent ordinance.
[1966 Code § 65-31; Ord. No. 1-88; New]
The following user classes for charges are hereby established:
[1966 Code § 65-32; Ord. No. 1-88; New]
The user classes shall consist of:
[1966 Code § 65-33; Ord. No. 1-88; Ord. No. 19-96; Ord. No. 4-98; Ord. No.
32-2001 § 3; Ord. No.
23-2002 § 4; Ord. No.
5-2007 § 4; Ord. No. 20-2007 § 4; Ord. No. 5-2008 § 1; amended 6-25-2019 by Ord. No. 21-2019; 12-19-2023 by Ord. No. 42-2023]
Effective with the January 2024 billing cycle the following
charges apply: The sewer usage charge for User Class 11 shall be the
sum of a fixed amount of $128 per quarter for each unit and of a net
charge of $8.45 for each 1,000 gallons of actual water consumption
per unit. Said net charge shall reflect the application of a 15% consumption
credit for nonsanitary water to a gross charge of $10 for each 1,000
gallons of actual water consumption per unit. The governing body may,
in its discretion, grant special exemptions or credits for the filling
of residential swimming pools or any other water use that is separately
metered and approved by the Superintendent.
[1966 Code § 65-34; Ord. No. 1-88; Ord. No. 19-96; Ord. No. 4-98; Ord. No.
32-2001 § 4; Ord. No.
23-2002 § 5; Ord. No.
5-2007 § 5; Ord. No. 20-2007 § 5; Ord. No. 5-2008 § 1; amended 6-25-2019 by Ord. No. 21-2019; 12-19-2023 by Ord. No. 42-2023]
Effective with the January 2024 billing cycle the following
charges apply: The sewer usage charge for User Class 12 shall be the
sum of a fixed amount of $128 per quarter for each unit and of a net
charge of $8.45 for each 1,000 gallons of actual water consumption
per unit. Said net charge shall reflect the application of a 15% consumption
credit for nonsanitary water to a gross charge of $10 for each 1,000
gallons of actual water consumption per unit.
[1966 Code § 65-35; Ord. No. 1-88; Ord. No. 19-96; Ord. No. 4-98; Ord. No.
32-2001 § 5; Ord. No.
23-2002 § 6; Ord. No.
5-2007 § 6; Ord. No. 20-2007 § 6; Ord. No. 5-2008 § 1; amended 6-25-2019 by Ord. No. 21-2019; 12-19-2023 by Ord. No. 42-2023]
Effective with the January 2024 billing cycle the following
charges apply: The sewer usage charge for User Class 15 shall be the
sum of a fixed amount of $128 per quarter for each unit and a net
charge of $8.45 for each 1,000 gallons of actual water consumption
per unit. Said net charge shall reflect the application of a 15% consumption
credit for nonsanitary water to a gross charge of $10 for each 1,000
gallons of actual water consumption per unit.
[1966 Code § 65-35; Ord. No. 1-88; Ord. No. 19-96; Ord. No. 4-98; Ord. No.
32-2001 § 6; Ord. No.
23-2002 § 7; Ord. No.
5-2007 § 7; Ord. No. 20-2007 § 7; Ord. No. 5-2008 § 1; amended 6-25-2019 by Ord. No. 21-2019; 12-19-2023 by Ord. No. 42-2023]
Effective with the January 2024 billing cycle the following
charges apply: The sewer charge for User Class 21 shall be the sum
of a fixed amount of $128 per quarter for each unit and of a net charge
of $8.45 for each 1,000 gallons of actual water consumption per unit.
Said net charge shall reflect the application of a 15% consumption
credit for nonsanitary water to a gross charge of $10 for each 1,000
gallons of actual water consumption per unit.
[Ord. No. 4-98; Ord. No. 32-2001 § 7; Ord. No. 23-2002 § 8; Ord. No. 5-2007 § 8; Ord. No. 20-2007 § 8; Ord. No. 5-2008 § 1; amended 6-25-2019 by Ord. No. 21-2019; 12-19-2023 by Ord. No. 42-2023]
Effective with the January 2024 billing cycle the following
charges apply: The sewer usage charge for User Class 23 shall be the
sum of a fixed amount of $128 per quarter for each dwelling unit/commercial
unit, seasonal dwelling, seasonal business/commercial units and/or
seasonal dormitory unit and of a net charge of $8.45 for each 1,000
gallons of actual water consumption per unit. Said net charge shall
reflect the application of a 15% consumption credit for nonsanitary
water to a gross charge of $10 for each 1,000 gallons of actual water
consumption per unit.
[Ord. No. 4-98; Ord. No. 32-2001 § 8; Ord. No. 23-2002 § 9; Ord. No. 5-2007 § 9; Ord. No. 20-2007 § 9; Ord. No. 5-2008 § 1; amended 6-25-2019 by Ord. No. 21-2019; 12-19-2023 by Ord. No. 42-2023]
Effective with the January 2024 billing cycle the following
charges apply: The sewer charge for User Class 25 shall be the sum
of a fixed amount of $128 per quarter for each unit and a net charge
of $8.45 for each 1,000 gallons of actual water consumption per unit.
Said net charge shall reflect the application of a 15% consumption
credit for nonsanitary water to a gross charge of $10 for each 1,000
gallons of actual water consumption per unit.
[Ord. No. 1966 Code § 65-37; Ord. No. 1-88; Ord. No.
32-2001 § 9]
[1966 Code § 65-38; Ord. No. 1-88]
a.
Each year in establishing the annual user rate, the governing body
shall deter-mine the total anticipated annual expenses, which shall
include a reasonable reserve, and the amount of anticipated ad valorem
taxes to be appropriated to the sewer budget.
b.
The annual budget is required to be balanced, and a rate shall be
struck which shall be sufficient to balance the sewer system budget.
[1]
Editor's Note: Ordinance No. 33-2001 consolidates the Water
and Sewer Departments into the Department of Municipal Utility Services
and provides for a single consolidated budget for that Department's
water supply and sanitary sewer disposal functions. See Subsection
2-33.4c.
[1966 Code § 65-39; Ord. No. 1-88; Ord. No. 7-92; Ord. No. 20-2009 § 2]
a.
Billing System; Payment of Bills. The governing body shall establish
an appropriate billing system for quarterly billing to sewer users.
All bills shall be due and payable upon presentation, and interest
in the amount as hereinabove provided shall accrue 10 days after the
due date set forth in the bill. The property owner may appeal to the
Mayor and Council any interest charged which the property owner deems
to be inaccurate, and the Mayor and Council shall have the right to
waive, adjust or uphold the interest charge.
b.
Charges Constitute Lien; Penalties for Delinquent Payment. If any
sewer rent or other charge shall remain in arrears for three months,
the person charged with the duty of collection shall file with the
officer charged with the duty of the collection of tax arrears a statement
showing such arrearages, and from the time of such filing, the sewer
rent or other charge shall be a lien upon the real estate to which
the sewer service was furnished and in connection with which the charges
were incurred to the same extent as taxes are a lien upon real estate
in the municipality and shall be collected and enforced by the same
officers and in the same manner as liens for taxes. In addition to
its remedy of enforcing its lien, the Borough can institute suit against
the owner or occupier, or both, for collection of any unpaid charges.
In the event that the Borough files a lawsuit, the owner or occupier
shall be liable for the amount due plus accrued interest at the then
existing rate of interest, plus counsel fees, expenses and costs of
suit.
[1966 Code § 65-40; Ord. No. 1-88; Ord. No. 20-2009 § 2]
a.
For the purposes of calculating flows, the water consumption figures
for the property shall be used.
b.
Any property owner may, at his option and at his sole cost and expense,
install a sewer meter of a kind and at a location to be approved by
the Borough. The meter shall be properly maintained at the sole cost
and expense of the property owner. Where such a sewer meter has been
installed with the approval of the Borough, the sewer flow for the
purpose of the sewer use billing shall be based upon the metered reading
by the Borough. The owner shall, however, in addition to the other
charges provided by the ordinance, pay a meter reading fee of $25
per quarter.
[1966 Code § 65-41; Ord. No. 1-88]
For such quarterly sewer use bill, the volume shall be calculated based upon the water consumption for that quarter, except as otherwise provided by Subsection 18-5.28.
[1966 Code § 65-43; Ord. No. 1-88; Ord. No. 10-2002 § I; Ord. No. 20-2009 § 2]
The owner of property seeking a sewer connection permit shall,
at the time of the submission of the application for the sewer connection
permit, pay to the Borough a sewer connection fee* as follows:
|
Sewer Tap, Connection & Administrative Fees
| |||
|---|---|---|---|
|
Connection
|
Tap
|
Connect
|
Total
|
|
4 inch
|
$1,200
|
$6,000
|
$ 7,200
|
|
6 inch
|
$1,800
|
$8,000
|
$ 9,800
|
|
8 inch
|
$2,200
|
$10,000
|
$12,200
|
|
*Per unit; commercial and residential are the same fee
|
[1966 Code § 65-44; Ord. No. 19-96; Ord. No. 4-98; Ord. No. 19-98; Ord. No.
32-2001 § 10; Ord. No.
23-2002 § 10; Ord. No.
5-2007 § 10; Ord. No.
20-2007 § 10; Ord. No.
5-2008 § 1]
[Ord. No. 4-2007 § 2]
All charged rates collected pursuant to this chapter shall be
dedicated solely to the operations of the sewer utility system servicing
the Borough of Bloomingdale and shall not be treated as general revenue
of the Borough of Bloomingdale.
