[Ord. #68-216; Ord. #70-235; Ord. #71-251; Ord. #79-342; Ord. #80-380; Ord. #80-384; Ord. #81-400; Ord. #82-429; Ord. #83-449; Ord. #85-478; Ord. #86-495; Ord. #87-522; Ord. #88-524; Ord. #89-574; Ord. #90-584; Ord. #92-645; Ord. #93-649; Ord. #94-674.]
[Ord. No. 2002-888 § 10-1; Ord. No. 2002-915 § 1]
Unless the context clearly indicates otherwise, the meaning of the terms used in the chapter shall be as follows:
APPROVED
Shall mean approved by the Engineer.
ENGINEER
Shall mean the Township Engineer or the Engineer's authorized deputy, inspector, agent or representative.
EXCESS BIOCHEMICAL OXYGEN DEMAND
Shall mean the utilization of oxygen in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° .C, expressed in parts per million by weight, in excess of 350 parts per million, by weight, on a twenty-four hour composite basis, or in excess of 500 mg per liter.
HOUSE SERVICE CONNECTION
Shall mean piping that receives sewage from inside the walls of a building and conveys it to the street right-of-way line or sanitary sewer easement line.
INDUSTRIAL WASTE
Shall mean liquid waste from industrial processes.
NATURAL OUTLET
Shall mean any outlet onto a watercourse, pond, ditch, lake or other body of surface water.
PERSON
Shall mean any individual and any corporation, limited liability company, association, society, firm, partnership or joint stock company.
pH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PUBLIC SANITARY SEWER SYSTEM
Shall mean the sanitary sewer system in the Township that is owned or controlled by the Township or other public entity.
SANITARY SEWER
Shall mean a sewer that is designed or intended to carry sewage.
SEWAGE
Shall mean waterborne industrial waste and waterborne waste from buildings occupied by human beings.
SEWAGE METER
Shall mean one or more meters of a type, configuration and installation approved by the engineer which shall accurately measure the actual flow of sewage from a building or property into the public sanitary sewage system.
SEWER
Shall mean a pipe or conduit for liquids.
SEWER LATERAL
Shall mean the extension of a house service connection to the public sanitary sewer system.
SEWER UTILITY
Shall mean the sewer utility established in this chapter, or any duly appointed representative of the sewer utility.
SHREDDED GARBAGE
Shall mean solid wastes from the preparation, cooking or dispensing of food, and from the handling, storage or sale of produce which have been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in street sewers, with no particle greater than 1/2 inch in any dimension.
SUSPENDED SOLIDS
Shall mean solids that either float on the surface or are in suspension in water, sewage or other liquids and are removable by laboratory filtration.
TOWNSHIP
Shall mean the Township of Branchburg.
WASTEWATER TREATMENT PLANT
Shall mean any structure or device or combination of structures and devices for the treatment of sewage.
WATER METER
Shall mean one or more meters of a type, configuration and installation approved by the engineer which shall accurately measure the actual flow of water into a building or property.
[Ord. No. 2002-888 § 10-2.1]
A sewer utility of the township of Branchburg is hereby established pursuant to N.J.S. 40A:26A-1 et seq. It shall consist of such Township employees as the Township Committee shall assign to or appoint for its operation at such salary or rate of compensation as shall be determined by the Township Committee.
[Ord. No. 2002-888 § 10-3.1]
The owner of every new and existing building or property used for human occupancy, employment, recreation or other purposes, which abuts any public right-of-way or easement in which there is located a sewer which is part of the public sanitary sewer system, and is within 300 feet of said building or property, shall connect the sanitary facilities of the building or property to the public sanitary sewer system in accordance with the provisions of this section within 180 days after the date of official notice by the Department of Health to do so if:
a. 
There is a malfunction of the existing individual subsurface sewage disposal system servicing the building, or
b. 
There is a need, for any reason, to repair or alter the existing system, or
c. 
There is a change in use of the building that will result in the discharge of materials other than sanitary sewage, as defined in N.J.A.C. 7:9A-2.1, or creates an increase in sewage volume, and
d. 
The Engineer makes a determination that there are no unusual geological or topographic features that would require unusual or excessive construction techniques to overcome.
If the owner fails to connect to the public sanitary sewer system within the allotted period of time he shall be guilty of a violation of this chapter. Property owners may appeal the mandatory connection requirement to the Township Committee in writing within 90 days of the official notice from the Engineer.
[Ord. No. 2002-888 § 10-3.2]
No person shall uncover, make any extension or connection to or opening into or use, alter or disturb any part of the public sanitary sewer system without having first obtained a written permit from the Engineer to do so. Permits shall be valid for a period of one year.
[Ord. No. 2002-888 § 10-3.3]
Every extension of the public sanitary sewer system shall be made pursuant to plans and specifications prepared by or for the Township and approved by the Engineer.
[Ord. No. 2002-888 § 10-3.4]
All connections shall be made by approved fittings to the sewer main. Individual residential force main connections to manholes shall be permitted only at the direction of the Engineer.
[Ord. No. 2002-888 § 10-3.5]
The house service connection and sewer lateral shall be installed and maintained by the owner. The making of the tap in the sanitary sewer, backfilling the trench, and resurfacing the street above the trench from the street sewer to the curb shall be done at the owner's expense. Work of this nature conducted within a Township right of way will also require a permit to open public grounds.
[Ord. No. 2002-888 § 10-3.6]
Sewer laterals shall be extra heavy cast-iron soil pipe, ASTM Specification A74-12; PVC plastic pipe, schedule 40; ABS plastic pipe, SDR35; or ductile iron pipe.
[Ord. No. 2002-888 § 10-3.7]
Residential sewer laterals shall be a minimum diameter of four inches. All other sewer laterals shall be a minimum diameter of six inches unless the Engineer approves a smaller diameter.
[Ord. No. 2002-888 § 10-3.8]
Whenever practical, the house service connection shall be brought to the building at an elevation below the first floor. Throughout its length, it shall be laid sufficiently below the surface of the ground to afford protection from frost.
[Ord. No. 2002-888 § 10-3.9]
The sewer lateral shall be laid at a straight grade of not less than 1/8 inches per foot for six inch diameter pipe and not less than 1/4 inch per foot for four-foot diameter pipe and, so far as possible, in a straight alignment. Changes in direction shall be made only with standard fittings of 45° or less, and cleanouts shall be constructed as required by the Engineer at each change in direction and for every 50 feet of sewer lateral. A cleanout shall be installed at the junction of the sewer lateral and the house service connection.
[Ord. No. 2002-888 § 10-3.10]
In buildings in which the house service connection is necessarily laid too low to permit gravity flow to the sewer lateral, the sewage to be carried by such connection shall be lifted by approved artificial means at the owner's expense and discharged into the sewer lateral.
[Ord. No. 2002-888 § 10-3.11]
All excavations for the installation of sewer laterals shall be open trench work, unless otherwise approved by the Engineer. Backfilling shall not be done until the sewer lateral has been inspected, tested and approved by the Engineer.
[Ord. No. 2002-888 § 10-3.12]
Open trenches for the construction of sewer laterals and sanitary sewers shall not be left unattended during the course of construction without adequate regard to the safety of the general public. Trenches shall not be left open overnight.
[Ord. No. 2002-888 § 10-3.13]
All joints and connections in sewer laterals shall be made gastight and watertight. Rubber joints may be used for joining cast-iron pipe, provided the rubber joints are supplied by the same manufacturer which produced the pipe and are installed in strict accordance with the manufacturer's recommendations. Connections between dissimilar pipe materials shall be made by means of adaptor couplings.
[Ord. No. 2002-888 § 10-3.14]
Pipe laying and backfill shall be performed in accordance with the requirements of the Engineer, and under the supervision of the Engineer. The owner shall inform the Engineer when a sewer lateral is ready for inspection.
[Ord. No. 2002-888 § 10-3.15]
A separate and independent sewer lateral shall be provided for every lot and for every dwelling unit which is arranged for separate ownership, except that multiple units within a condominium may be served by a common sewer lateral.
[Ord. No. 2002-888 § 10-3.16]
Any person desiring or required to use any part of the public sanitary sewer system shall make and file with the Engineer and Code Enforcement Department on forms supplied by the Township an application for a permit to do so.
[Ord. No. 2002-888 § 10-3.17]
The application shall be accompanied by plans and specifications of the proposed house service connection and the sewer lateral, the number and kind of fixtures from which sewage shall be discharged into the public sanitary sewer system, the number of occupants of the building or buildings containing them, and such other data as the Engineer and Plumbing Subcode Official shall require to determine the adequacy of the proposed house service connection and sewer lateral. The application shall include the assent of the owner to all the rules and regulations, a schedule of fees, rentals and charges of the sewer utility and shall be signed by the owner or the owner's authorized agent.
[Ord. No. 2002-888 § 10-3.18]
The entire cost of installing public sewer mains, including associated facilities such as lift pumps, depressed sewers, building Y-branches and sewer laterals, for existing streets upon which real estate subdivisions shall front, if not yet provided with sewer mains, and in new or proposed streets (including extensions of existing streets) shall be borne and paid by the owner of the subdivision and the ownership and control thereof shall be transferred to the sewer utility when the construction and installation thereof has been approved by the Engineer.
[Ord. No. 2002-888 § 10-3.19]
No building permit shall be issued with respect to any lot that is required to connect to the public sanitary sewer system until the sewer connection fee authorized by this chapter has been paid to the Township and documentation has been provided of payment of the Somerset Raritan Valley Sewerage Authority connection charge.
[Ord. No. 2002-888 § 10-4.1]
The owner of any real property which is directly or indirectly connected to the public sanitary sewer system and for which an assessment for the benefits of sewer access pursuant to N.J.S. 40:56-1 et seq., has not been levied or imposed shall pay to the Township a fee for the sewer connection provided in the manner hereinafter specified. Connection fees shall be in addition to any annual use or service charges imposed by the Township, any Somerset Raritan Valley Sewerage Authority charge and any permit and inspection fees. The connection fee shall be $8,000 per unit (1 unit = 300 gpd) and a proportionate charge for each fraction of a unit. The number of chargeable units shall be determined in accordance with the methodology prescribed in section 10-5 of this chapter.
[Ord. No. 2002-888 § 10-4.2]
Except as provided for in subsection 10-4.3, payment of connection fees set forth above shall be made at the time of application for a sewer connection permit. In those cases where the connection fee cannot at the time be computed with certainty because the factors constituting the criteria for computing these charges have not yet been determined with certainty, the charge shall be determined on the basis of relevant information requested by and supplied to the person responsible for issuing the sewer connection permit, and no permit shall be issued until such information is received. In the case of metered properties, the fee shall be adjusted upward or downward after the daily average flow has been determined by metering for a period of one year.
[Ord. No. 2002-888 § 10-4.3]
The connection fee for each individual connection shall always be subject to an upward revision in accordance with rates then prescribed when any enlargement of or addition to the connected structure occurs or when any increase occurs in its use which increases the service demand upon the public sanitary sewer system.
[Ord. No. 2002-888 § 10-4.4]
The connection fees provided for in this section shall not apply to any property for which a sewer assessment for benefits has been levied or imposed. If the property is located within an area in which future sewer assessments for sewer benefits are authorized by Township Ordinance, no connection fee shall be collected at the time of connection. If the property within the assessment area is later not assessed or is found not to be liable for assessment, the connection fee shall be paid and collected at the time of confirmation of other assessments in the area or of the finding that the property is not liable for assessment, whichever occurs first. If a sewer assessment is confirmed against any property for which a connection fee has been paid, the connection fee shall be a credit against the amount of the assessment.
[Ord. No. 2002-888 § 10-5.1; Ord. No. 2002-892 § 1; Ord. No. 2002-915 §§ 2, 3; Ord. No. 2003-927 §§ 1, 2; Ord. No. 2013-1239; amended 1-24-2022 by Ord. No. 2022-1420]
Pursuant to the provisions of N.J.S. 40A:26A-10, the following rates and charges are hereby established for all properties within the Township making use of any part of the public sanitary sewer system:
a. 
As to unmetered nonresidential properties, $1.40 per year for each gallon per day of flow as projected using the standards established in the latest revision of N.J.A.C. 7:14A-23.3, but not less than a minimum charge of $399 per year. Flow for facilities that have combined uses shall be determined by the summation of projected-flows for all uses.
b. 
As to unmetered residential properties, $1.40 per year for each gallon per day of flow as projected using the standards established in the latest revision of N.J.A.C. 7:14A-23.3. Flow for facilities that have combined uses shall be determined by the summation of projected-flows for all uses.
c. 
As to metered properties, $5.38 for each 1,000 gallons or fraction thereof measured by the water meter or sewage meter, plus a meter administrative and inspection charge of $63.50 per quarter for a water meter or sewage meter, but not less than a minimum charge of $399 per year. If a building or property has both a water meter and a sewage meter, the sewage meter reading shall apply, with a single meter administrative and inspection charge.
d. 
Any property which does not logically fall into one of the categories listed in N.J.A.C. 7:14A-23.3 shall be placed in a classification which most closely approximates the type and quantity of flow based on a study by the Engineer.
e. 
Where there are two or more separate uses within the same building, the full annual charge for all such uses shall be made and paid.
f. 
Where the annual charge or a portion of the annual charge in the schedule of rates is based on the number of employees at a commercial or industrial property, the number of employees at each such property shall be reported to the Township quarterly, by filing with the sewer utility the first page of Federal Department of Health, Education and Welfare Form ORAS-3 Quarterly Report showing the total number of persons employed at such property.
g. 
Where the annual charge or a portion of the annual charge in the schedule of rates is based on some numerical criteria (e.g. number of water closets or seating capacity) other than number of employees, any changes in such numerical criteria shall be reported immediately to the sewer utility.
h. 
Any property owner may appeal the quantity of flow established for his property. The appeal shall be made by filing all of the information which the property owner believes is relevant to a fair determination of flow with the Township Administrator or designee. The Administrator or designee may request the filing of additional information by the property owner. An appeal is complete when the property owner files the last of his information. Every appeal shall be heard and decided by an appeal body consisting of the Township Administrator or designee, the Mayor or designee and Chief Financial Officer or designee. The appeal body shall consider the information provided by the property owner and may also consider information from the Engineer and other Township employees. An appeal shall be decided not later than 60 days after it is complete. The decision of the majority of the appeal body shall be in writing and shall be final. The results of the appeal shall be used to determine flow for connection fees which are not yet paid and for the calculation of rates which have not yet become due. Appeals shall not be applied retroactively. Interest shall accrue on amounts on appeal except to the extent that the appeal may be successful.
[Ord. No. 2002-888 § 10-5.2; amended 1-24-2022 by Ord. No. 2022-1420]
The rates and charges provided for in this section shall be billed annually in advance on a calendar year basis, but shall be due and payable semi-annually on the first day of April and October. Whenever service shall commence or terminate during the calendar year, a prorated annual bill shall be calculated and generated. Prorated rates and charges for service commenced during the calendar year shall be due and payable with the next scheduled semi-annual payment.
[Ord. No. 2002-888 § 10-5.3]
All rates and charges shall draw the same interest from the date they become due as taxes upon real estate in the Township, and there shall be a lien upon the property until paid. The Township shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for the collection of taxes upon real estate.
[Ord. No. 2003-297, § 3]
a. 
The owner of any property for which the Engineer has established a flow pursuant to subsection 10-5.1a of greater than 3,000 gallons per day may apply to the Engineer for permission to install a sewage meter or a water meter. If a meter is permitted, the property shall be billed as a metered property starting at a time determined by the Engineer.
b. 
The owner of every property for which, in the opinion of the Engineer, subsection 10-5.1a does not provide a reasonable estimate of flow, including every property which has nondomestic discharge, shall install a sewage meter or a water meter.
c. 
The cost of the installation, maintenance, safekeeping and repair of every sewage meter and water meter shall be borne by the property owner. The owner shall grant to the Engineer access to such meter for the purpose of inspection and reading.
d. 
Every sewage meter and water meter which is permitted at the owner's cost and expense, accurate readings shall be reported to the Township in an approved manner.
e. 
If the Engineer has reason to believe that the reading reported for a water meter or sewage meter is inaccurate for any reason, the Engineer may substitute for the meter reading of calculation of use which the Engineer estimates accurately reflects actual use.
f. 
If the Engineer finds that any sewage meter or water meter reading for any building or property reported to the Township has been inaccurate for any reason, the property owner shall pay any underpayment estimated by the Engineer with the following quarterly payment, and the owner shall be subject to the violations and penalties specified in this chapter.
[Ord. No. 2002-888 § 10-5.5]
The rates and charges provided for in this section shall be reviewed every even-numbered year for conformity with the guidelines of the United States Environmental Protection Agency. The Chief Financial Officer of the Township shall review the annual revenues generated by the rates and charges, compared with the projected costs of operation, maintenance and replacement, and report to the Township Committee with recommendations for rate and charge revisions to reflect sufficient annual revenues to offset actual annual operation and maintenance costs.
[Ord. No. 2002-888 § 10-6.1]
No person shall discharge or cause to be discharged into any public sanitary sewer any of the following:
a. 
Any unpolluted waters such as, but not limited to, storm water, cooling water, surface water, groundwater, roof runoff, subsurface or swimming pool drainage, or unpolluted industrial process water.
b. 
Any liquid or vapor having a temperature higher than that stipulated in this subsection.
c. 
Any water or waste which contains soluble oil or grease or any water containing floatable fats, oils, greases or other substance that will solidify or become viscous at normal climatic conditions or impair the operation of the public sanitary sewer system.
d. 
Any gasoline, benzine, naphtha, fuel oil, motor oil, mineral spirits, commercial solvent or other flammable or explosive liquid, solid or gas.
e. 
Any water or wastes that contain hydrogen sulfide, sulphur dioxide or nitrous oxide in quantities higher than stipulated in this subsection.
f. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, offal, plastics, wood, paunch manure, hair and flashings, entrails, lime residues, beer or distillery slops, chemical residues, paint or ink residues, cannery waste bulk solids, unshredded garbage, antibiotic wastes, free mineral acid, concentrated pickling waste or plating solutions or any other solid or viscous substance capable of causing obstruction to the flow or other interference with the proper operation of the public sanitary sewer system.
g. 
Any water or wastes containing toxic or poisonous substances in such concentrations as to constitute a hazard to human or animal, or to interfere with any sewage treatment process, or to create any hazard in the receiving waters of the public sanitary sewer system.
h. 
Wastes that will cause corrosive structural damage to any part of the public sanitary sewer system.
i. 
Any waters containing suspended solids of such character and quantity that unusual provision, attention or expense is required to handle such materials in the sewage works or at the sewage treatment plant.
j. 
Any noxious or malodorous gas or substance, capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance, inspection and repair.
k. 
Any waters containing quantities of radium, naturally occurring or artificially produced radioisotopes in excess of presently existing or subsequently accepted limits for drinking water as established by the national committee on radiation protection and measuring.
l. 
Any concentrated dye wastes, spent tanning solutions, or other wastes which are highly colored and impart a color to the sewage treatment plants effluent which cannot be removed by the treatment process.
m. 
Any wastes which are of unusual volume, concentration of solids or composition that may create an obstruction to the flow in the public sanitary sewer system.
n. 
Any trucked or hauled pollutants including, but not limited to sludge, screenings, or other residues from the pretreatment of industrial waste.
o. 
Any detergents, surface-active agents, or other substances which may cause excessive foaming at the wastewater treatment plant.
p. 
Quantities (concentrations) or characteristics of materials in excess of the following:
Materials
Concentration, (mg/l)
Acetylene General Sludge
None
Arsenic
0.5
Barium
4.0
Cadmium
0.2
Total Chrome
0.5
Copper
2.0
Cyanides
1.0
Grease and Soluble Oils
25.0
Hydrogen Sulfide
10.0
Iron (Total)
5.0
Lead
0.5
Mercury
0.01
Mineral Acid (free)
None
Nickel
2.0
Nitrous Oxide
10.0
Oils, Mineral
15.0
Phenols
2.0
Phosphorous
10.0
Selenium
0.05
Silver
0.5
Sulphur Dioxide
10.0
Zinc
2.0
Characteristics
Limitation
Temperature, Maximum
110° F.
pH, Allowable Range
6.0 to 9.0
q. 
Any concentrated dye wastes, spent tanning solutions or other wastes which are highly colored and impart a color to the sewer treatment plant effluent that is not removed by the treatment process.
r. 
The above listed concentrations and characteristics may be altered by the Engineer as required by regulatory agencies, treatment or reuse requirements or in the event of cumulative overload of the system.
[Ord. No. 2002-888 § 10-6.2]
Effluent limitations promulgated by the Federal Water Pollution Control Act, 33 USC § 1251 et seq. or any regulations adopted under that Act, or by the Somerset-Raritan Valley Sewerage Authority, shall apply in any instance where they are more stringent than those stipulated in this section.
[Ord. No. 2002-888 § 10-6.3]
The admission into the system of any water or wastes having excess biochemical oxygen demand will be subject to review by the Engineer. Where necessary in the opinion of the Engineer the owner shall provide and operate, at the owner's expense, such pretreatment as may be required to eliminate the excess biochemical oxygen demand.
[Ord. No. 2002-888 § 10-6.4]
The admission into the system of any waters or wastes having a suspended solids content in excess of 350 parts per million by weight on a twenty-four-hour composite basis or for any grab sample having a suspended solids content in excess of 500 mg per liter will be subject to review by the Engineer. Where necessary in the opinion of the Engineer, the owner shall provide and operate, at the owner's expense, such pretreatment as may be required to reduce the suspended solids content to meet the above requirements.
[Ord. No. 2002-888 § 10-6.5]
The admission into the system of any waters or wastes in volumes, or with constituents, such that the existing dilution conditions in the sewage system would be affected to the detriment of the public sanitary sewer system, shall be subject to review and approval of the Engineer. Where necessary in the opinion of the Engineer, the owner shall provide and operate, at the owner's expense, such pretreatment or equalizing units as may be required to bring constituents or volume of flow within the limits previously described or to an otherwise acceptable level, and to hold or equalize flows such that no peak flow conditions may hamper the operations of any part of the public sanitary sewer system. The equalization or holding unit shall have a capacity suitable to serve its intended purpose, and be equipped with acceptable outlet control facilities to provide flexibility in the operation and accommodate changing conditions in the waste flow.
[Ord. No. 2002-888 § 10-6.6]
The Engineer and any authorized representative of the Township, the Somerset Raritan Valley Sewerage Authority, the State of New Jersey Department of Environmental Protection or the Federal Environment Protection Agency shall have the right to enter all properties from which there is any industrial discharge into the public sanitary sewer system for the purpose of inspection, observation, measurement, sampling and testing. The owner of any property that discharges waste water in excess of 50,000 gallons per day at any time during the year or has discharges exceeding the concentrations and characteristics listed in this section shall install at the owner's expense a suitable control manhole on the building sewer on his property to facilitate inspection, observation, measurement, sampling and testing of wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Engineer. The manhole shall be maintained so as to be safe and accessible at all times. The manhole shall be located on the industrial waste service connection with all sanitary wastes excluded.
[Ord. No. 2002-888 § 10-6.7]
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made herein shall be determined in accordance with the analytical methods described in the regulations of the USEPA codified at 40 CFR 136, together with all amendments and supplements, and shall be determined at the control manhole if provided. If no control 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, provided that there is no dilution of the wastewater at this location.
[Ord. No. 2002-888 § 10-6.8]
Subsequent to meeting the requirements for analysis of wastewater stipulated under this section, the owner shall monitor the discharge of industrial waste at such increments of time to insure that the stipulated discharge requirements are not being violated. Periodic reports on the constituents and characteristics of the wastewaters shall be submitted to the Engineer substantiating compliance with this section. Frequency of reports shall be not less than quarterly.
[Ord. No. 2002-888 § 10-6.9]
The owner shall maintain all necessary monitoring and testing equipment in good condition and shall keep accurate records showing the results of all sampling and testing conducted. These records shall be made available on request for inspection by the Engineer or other authorized regulatory agency.
[Ord. No. 2002-888 § 10-6.10]
Any approval by the engineer of a type, kind or capacity of an installation shall not relieve the owner of the responsibility of revamping, enlarging or otherwise modifying such installation to accomplish an intended purpose, nor shall any fixed or verbal agreement as to limits of constituents or volumes of waters or wastes be considered as final approval for continuing operation. These limits will be subject to constant study and charge as considered necessary to serve their intended purpose.
[Ord. No. 2002-888 § 10-6.11]
The accidental discharge of any prohibited liquid or material into any sewer or natural outlet, either directly or indirectly, shall be reported to the Engineer immediately by the owner, person, or industry responsible for the discharge. No penalty or lack of penalty as a result of such accidental discharge shall relieve the owner of responsibility for any expense loss or damage occasioned the Township by reason of such accidental discharge. The reporting of such accidental discharge to the Engineer does not relieve the user of complying with all other applicable Federal, State, County and local requirements and notifications.
[Ord. No. 2002-888 § 10-6.12]
The owner, person or industry discharging wastewaters having concentrations or characteristics prohibited by this section shall provide the Engineer with a series of analyses, not less than five in number taken on twenty-four-hour composite samples, containing the results of the concentrations or characteristics in question.
a. 
Such a series of analyses shall be required for each quarter of one calendar year following violation. The flow for each day during the sampling period and the average quarterly flow of the discharge shall be included with the submission of the analyses. The twenty-four-hour composite samples shall be obtained on normal operating days.
b. 
The Engineer may request split samples and may from time to time require access to manholes for sampling purposes. The concentrations determined by the Engineer will be concentrations of record.
[Ord. No. 2002-888 § 10-6.13]
a. 
All information and data on a property obtained from reports, questionnaires, connection application, monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the owner specifically requests and is able to demonstrate to the satisfaction of the Engineer that the release of such information would divulge information, processes or methods which would be detrimental to the owner's competitive position.
b. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
[Ord. No. 2002-888 § 10-6.14]
If any waters or wastes which contain the substances or possess the characteristics enumerated in this section, and which in the judgment of the Engineer may have a deleterious effect upon the public sanitary sewer system, processes, equipment or upon the receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, are discharged or are proposed to be discharged to the public sewers, the Engineer may:
a. 
Prohibit the waters or wastes from being discharged into the public sanitary sewer system; or
b. 
Require pretreatment to an acceptable condition for discharge to the public sewers; or
c. 
Require control over the quantities and rates of discharge.
[Ord. No. 2002-888 § 10-6.15]
Grease, oil and sand interceptors shall be provided when, in the opinion of the Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Engineer, and shall be located so as to be readily and easily accessible for cleaning and inspection.
[Ord. No. 2002-888 § 10-6.16]
Where pretreatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.
[Ord. No. 2002-888 § 10-6.17]
The provisions of this section shall not be construed as preventing any special agreement with any person for the discharge at extra cost of wastes of unusual strength or character into the public sanitary sewer system.
[Ord. No. 2002-888 § 10-7.1]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public sanitary sewer system.
[Ord. No. 2002-888 § 10-7.2]
No person shall fail to provide any information, report or access required by this chapter. No person shall provide any inaccurate, false or misleading information or report to the Engineer or any other authorized regulatory agency.
[Ord. No. 2002-888 § 10-8.1]
The Engineer, and other authorized employees of the Township bearing official Township identification shall be permitted to enter upon every property in the Township for the purpose of inspection, observation, measurements, sampling and testing, to determine compliance with the provisions of this chapter.
[Ord. No. 2002-888 § 10-9.1]
Any person who violates the provisions of Section 10-8 of this chapter upon conviction shall be penalized as follows:
a. 
For a first offense, or any offense at least one year after any previous offense, a fine of $25;
b. 
For a second offense within one year of the previous offense, a fine of $100;
c. 
For a third offense within one year of the previous offense, a fine of not less than $100 and not more than $500, and an additional fine as a repeat offender of $100;
d. 
For a fourth or subsequent offense within one year of the previous offense, any or all of the general penalties set out in subsection 10-9.2, and an additional fine as a repeat offender of not less than $100 and not more than $1,000.
[Ord. No. 2002-888 § 10-9.2]
Any person who violates any other provision of this chapter shall be subject to immediate arrest and upon conviction shall be penalized by one or more of the following: imprisonment for any term not exceeding 90 days; or by a fine not exceeding $1,000; or by a period of community service not exceeding 90 days. Each day during which any violation shall continue shall be deemed a separate offense.
[Ord. No. 2002-915 § 5]
Any nonresidential property for which the yearly rates and charges pursuant to this chapter effective July 1, 2002 (the "New Rates") shall have increased over the rates and charges in effect on January 1, 2002 (the "Old Rates") by 51% or more and by $1,000 or more shall be permitted to phase in the change from the Old Rates to the New Rates (the "Increase") according to the following schedule:
a. 
July, 2002; October, 2002; January, 2003 and April, 2003 billings: the Old Rates plus 1/3 of the increase;
b. 
July, 2003; October, 2003; January, 2004 and April, 2004 billings: the Old Rates plus 2/3 of the increase;
c. 
July, 2004 billing and thereafter: the new rates.