[Ord. #341; Ord. #344; Ord. #391; Ord. #427; Ord. #432; Ord. #434; Ord. #436; Ord. #461; Ord. #523; Ord. #566; Ord. #599; Ord. #615; Ord. #623; Ord. #628; reserved by Ord. # 96-752]
[1]
Editor's Note: Former Section 11-1, Water Supply System, previously codified herein was repealed in its entirety by Ordinance No. 96-754.
[Ord. #265; Ord. #317; Ord. #364; Ord. #390; Ord. #427; Ord. #430; Ord. #431; Ord. #436; Ord. #437; Ord. #451; Ord. #462; Ord. #560; Ord. #566; Ord. #673; Ord. #707; Ord. #2659; Ord. #2001-824; Ord. #2003-24; Ord. #2003-35; Ord. #2004-49; Ord. #2004-52; ; Ord. #2006-80Ord. #2008-132; Ord. #2010-155; Ord. #2010-160]
The sewerage collection system and properties constructed and owned by the Borough of Union Beach, and the services rendered through the employment of said properties to certain municipalities, residents and commercial and industrial taxpayers, shall hereafter be known and designated as the Borough of Union Beach Sewer Utility.
a. 
Effective July 1, 2001 the Borough of Union Beach Sewer Utility shall be operated in accordance with statutes applicable thereto under the Local Budget Law, N.J.S.A. 40A:4-1 et seq. (40A:4-33 to 35) and the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (40A:2-45 to 48) and the regulations promulgated of the Local Finance Board and the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.
b. 
Effective July 1, 2001, the Borough of Union Beach Sewer Utility shall assume all of the obligations and receive all of the revenues arising from all contracts and service charges to provide sewerage treatment service heretofore entered into or imposed by the Borough of Union Beach.
c. 
All costs and expenses, direct or indirect, attributable or allocable to the operation of the Borough of Union Beach Sewer Utility shall be charged to it, including debt service on obligations issued or to be issued on account of capital improvements heretofore or hereafter made to the sewerage system.
d. 
The user charges to municipalities, residents and industrial and commercial taxpayers, or any revisions thereof as presently constituted, be imposed by resolution of the borough council in such amounts or at such rates as may be required for the operation of the Borough of Union Beach Sewer Utility as a self-liquidating enterprise as provided in N.J.S.A. 40A:2-45.
As used in this section:
a. 
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND) - Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
b. 
BUILDING DRAIN - Shall mean that part of the lowest horizontal piping of a draining system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
c. 
BUILDING SEWER - Shall mean the extension from the building drain to the cleanout within the public right-of-way, or lacking such facility within the public right-of-way, a point two feet behind or inside the edge of curb or edge of pavement.
[Amended 3-16-2023 by Ord. No. 2023-323]
d. 
GARBAGE - Shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
e. 
HEALTH OFFICER - Shall mean the health officer of the board of health of the borough or his agent or representative.
f. 
INDUSTRIAL WASTES - Shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
g. 
NATURAL OUTLET - Shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
h. 
PERSON - Shall mean any individual, firm, company, association, society, corporation, or group.
i. 
PH - Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
j. 
PLUMBING INSPECTOR - Shall mean the duly appointed plumbing inspector of the borough or his agent or representative.
k. 
PROPERLY SHREDDED GARBAGE - Shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
l. 
PUBLIC SEWER - Shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by the public authority and shall include that portion of the lateral sewer extending from the main to the cleanout within the public right-of-way or, lacking such facility within the public right-of-way, a point two feet behind or inside the curb or edge of payment.
[Amended 3-16-2023 by Ord. No. 2023-323]
m. 
SANITARY SEWER - Shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
n. 
SEWAGE - Shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.
o. 
SEWAGE TREATMENT PLANT - Shall mean any arrangement of devices and structures used for treating sewage, either municipal or regional.
p. 
SEWAGE WORKS - Shall mean all facilities for collecting, pumping, treating, and disposing of sewage.
q. 
SEWER - Shall mean a pipe or conduit for carrying sewage.
r. 
SLUG - Shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flows during normal operation.
s. 
STORM DRAIN (SOMETIMES TERMED STORM SEWER) - Shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
t. 
SUSPENDED SOLIDS - 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.
u. 
WATERCOURSE - Shall mean a channel in which a flow of water occurs, either continuously or intermittently.
v. 
BRSA - Shall mean the Bayshore Regional Sewerage Authority, Monmouth County, New Jersey, a public body, politic and corporate, organized and existing for the purpose of providing adequate trunk and interceptor sewers and sewage treatment and disposal services to municipalities of the Bayshore Region.
w. 
OPERATION AND MAINTENANCE COSTS - Shall mean the costs of the total operation of the borough system, including replacements based on the previous complete year costs, as further defined in the annual audit.
a. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any public sanitary sewer.
b. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the borough. Industrial cooling water or unpolluted process waters may be discharged, on approval of the borough, to a storm sewer, or natural outlet.
c. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas; or any liquid, solid, or gas which by interaction with other substances may cause fire or explosion.
2. 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer.
3. 
Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
4. 
Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metals, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole of ground by garbage grinders.
5. 
Any septic tank waste into manholes of the system without written consent of the borough and prior approval of the BRSA.
d. 
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the borough and the BRSA that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the borough and the BRSA shall give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
1. 
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
2. 
Any liquid or vapor having a flash point lower than 235° F., as determined by the Tagliabue (Tag) closed cup method.
3. 
Any soluble oils; or any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).
4. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the borough and the BRSA.
5. 
Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not.
6. 
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the borough and the BRSA for such materials.
7. 
Any waters or wastes containing phenols or other taste or odorproducing substances, in such concentrations exceeding limits which may be established by the borough and the BRSA as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
8. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the borough and the BRSA in compliance with applicable state or federal regulations.
9. 
Any waters or wastes having a pH in excess of 9.0.
10. 
Materials which exert or cause:
(a) 
Unusual concentrations of inert suspended solids such as, but not limited to Fullers earth, lime slurries and line residues, or of dissolved solids such as, but not limited to sodium chloride and sodium sulfate.
(b) 
Excessive discoloration such as but not limited to, dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities which in the opinion of the borough and the BRSA constitute a significant load on the sewage treatment works.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
11. 
Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
e. 
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or process the characteristics enumerated in paragraph d and which in the judgment of the borough and the BRSA may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, public health or safety, or constitute a public nuisance, the borough may:
1. 
Reject the wastes,
2. 
Require pretreatment to acceptable condition for discharge to the public sewers,
3. 
Require control over the quantities and rates of discharge, and/or
4. 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection 11-2.4j.
If the borough permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the borough and the BRSA, and subject to the requirements of all applicable codes, ordinances, and laws.
f. 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the borough or the BRSA they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or 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 borough and the BRSA and shall be located as to be readily and easily accessible for cleaning and inspection.
g. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
h. 
When required by the borough or the BRSA, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole or meter chamber together with such necessary meters and other appurtenances in the building sewer as shall in the opinion of the borough and the BRSA facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the borough and the BRSA. The manhole shall be installed by the owner at his expense, and shall be turned over to the borough, complete with adequately sized parcel of land including access, for ownership, maintenance and operation.
i. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
j. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the borough and any owner of property upon application made and a finding by the borough and the BRSA that such special agreement or arrangement would be in the best interests of the borough and the BRSA.
a. 
No person shall connect or allow to be connected into any part of the sewer system located within the borough any drain or drain leader or gutter designed to collect precipitation, ground or surface waters. The above shall specifically include sump pumps and sub-surface drains.
b. 
No person shall connect or allow to be connected into the sewer system in the borough, any residence, commercial buildings, institutions, factories or industrial establishments without first obtaining a permit from the borough and payment of the required fee to the borough.
Applications for connection to the sewer system shall be made to the secretary of the board of health of the borough on forms provided by the borough. The connection fee as set forth in subsections 11-2.9 and 11-2.10 of this section, shall accompany the application.
a. 
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the borough or in any area under the jurisdiction of the borough any human or animal excrement, garbage, or other objectionable waste.
b. 
It shall be unlawful to discharge to any natural outlet within the borough or in any area under the jurisdiction of the borough any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this section.
c. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage on any lot within the borough that abuts a street, alley, or right-of-way in which there is located a public sanitary sewer line.
d. 
The owner of each house, building, or property 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 now located or may in the future be located a public sanitary sewer of the borough, is required at his expense to install suitable toilet facilities directly with the proper public sewer in accordance with the provisions of this section within 90 days after date of official notice to do so.
e. 
In the event, by reason of peculiar topographical location and upon proof that it would be impossible to pipe the sewage from the residence to the street main by flow of gravity or pumping, it would be a hardship for the property owner to connect to the sewage system, then, and in that event, application may be made to the borough by the property owner to continue the use of the private septic facility existing on the premises at the time of the adoption of this section.
a. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance without first obtaining a written permit from the borough.
b. 
There shall be three classes of building sewer permits:
1. 
For residential and commercial service,
2. 
For service to establishments producing industrial wastes,
3. 
For any service with direct connection to a BRSA trunk or interceptor sewer.
In all cases, the owner or his agent shall make application on a form furnished by the borough. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the borough. Such application for residential, commercial building, or industrial building sewer permit shall be accompanied by a fee of $10 for the expense of issuance of a permit. Permit fees shall be payable to the borough. In case 3 above, the owner or his agent shall also make application to the BRSA on forms provided by that agency if required by BRSA.
c. 
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the borough from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
d. 
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building and the whole considered as one building sewer.
e. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the borough to meet all requirements of the borough ordinances. The owner or his agent shall make application in writing for use of the sewer. Such application shall be accompanied by whatever information is considered pertinent by the borough, and by a fee of $10 for the expense of issuance of a permit.
f. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the borough.
g. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the first floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
h. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
i. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules or regulations of the borough. Any deviation from the prescribed procedure and material must be approved by the borough before installation.
j. 
A permit for a building sewer shall not become effective until the installation is complete to the satisfaction of the borough. It shall be allowed to inspect the work at any stage of construction. The applicant for the building sewer permit shall notify the borough when the building sewer is ready for final inspection and connection to the public sewer. The connection shall be made under the supervision of the borough or its representative. Such final inspection shall be made within 24 hours after receipt of notice by the borough. If the work is approved by the borough as a result of such final inspection requested by the applicant, the borough shall receive the sum of $5 for the inspection. Where there is more than one final inspection required, the borough shall receive the sum of $5 for each additional final inspection performed at the request of the applicant.
k. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the borough.
l. 
All connections to street laterals or mains shall be made only by a plumber licensed by the State of New Jersey.
m. 
Notwithstanding any language contained within this chapter, all connections are to be made to an existing sewer main, a BRSA trunk or interceptor sewer or an existing feeder line into one of the above. The costs and expenses associated with the installation and connection shall be borne by the owner.
[Added 3-16-2023 by Ord. No. 2023-323]
[Ord. #265, S9; Ord. #317; Ord. #390, S1, S2; Ord. #427, S1; Ord. #430; Ord. #431; Ord. #437, SS 2, 3; Ord. #451; Ord. #560; Ord. #673; Ord. #707; Ord. #2003-24; Ord. #2003-35; Ord. #2004-49; Ord. #2004-52; Ord. #2008-132; Ord. #2010-155; Ord. No. 2015-224; amended 4-18-2019 by Ord. No. 2019-278]
The initial rental charges set forth below at the inception of this revised ordinance shall be adjusted as required depending on rate changes from Bayshore Regional Sewerage Authority (BRSA) and Monmouth County Bayshore Outfall Authority (MCBOA).
a. 
Residential (per living unit). There shall be a base rental charge [See Note (1)] per year for each single-family dwelling unit, hereinafter referred to as an "equivalent dwelling unit (EDU)," payable quarterly in advance as follows:
Effective July, 2019
$460/annum
$115/qtr.
b. 
IFF Production and R&D Facilities. There shall be a base rental charge [See Note (1)] as listed below per quarter for each EDU determined as follows: quarterly metered sewage flow divided by 18,750 gallons and then rounded up to the nearest number.
Effective July, 2019
$460/annum
$115/qtr.
It is recognized that there are occasional anomalies in meter readings based on a variety of circumstances. Therefore, in the sole discretion of the Borough Engineer, any quarter that exhibited an unexplained anomaly will be eliminated from the calculation and the flow will be determined by averaging the previous two quarters where the meter accurately recorded flow.
c. 
All Other Nonresidential Uses. There shall be a base rental charge [See Note (1)] per year as follows:
Effective July, 2019
$460/annum
$115/qtr.
For each EDU in accordance with the EDU rates [See Note (4)] set forth below, payable quarterly in advance:
1. 
Buildings with multiple-family units - two-family or buildings with multiple-family units: one EDU per single-family living unit.
2. 
Rooming house or boardinghouse: one unit and in addition:
(a) 
For each rental room with separate sanitary facilities: one unit.
(b) 
For each rental room without separate sanitary facilities: 1/2 unit.
3. 
Mobile homes - for each mobile home site: one unit.
4. 
Industrial/manufacturing/warehouse facilities: (Annual water use or metered sewage flow ÷ 365 days) ÷ 225, then rounded down to the nearest whole number.
5. 
Office and research laboratory/offices/commercial/retail facilities/public buildings: (Building square footage x 0.100 gallons per day per square foot) ÷ 225, then rounded down to the nearest whole number. (This category includes IFF at 800 Rose Lane).
6. 
Public schools: (Number of students x "Y" gallons per day) ÷ 225 then rounded down to the nearest whole number, where "Y" equals:
10 for schools with no showers or cafeteria
15 for schools with a cafeteria
20 for schools with a cafeteria and showers
25 for schools with a cafeteria, showers and laboratories.
7. 
Churches, theaters: (Number of seats x 3 gallons per day) ÷ 225, then rounded down to the nearest whole number.
8. 
Service stations: (Number of filling positions x 125 gallons per day) ÷ 225, then rounded down to the nearest whole number.
9. 
Restaurants, luncheonettes, diners, taverns, catering establishments, social or commercial dining facilities: (Number of seats x "Y" gallons per day) ÷ 225, then rounded down to the nearest whole number, where "Y" equals:
15 for fast-food restaurants
20 for bars/taverns
35 for average restaurants
35 for diners/luncheonettes (50 if open 24 hours)
10. 
Hospitals, nursing homes: (Number of beds x 125 gallons per day per bed) ÷ 225, then rounded down to the nearest whole number.
11. 
Laundries: (Number of machines x 580 gallons per day) ÷ 225, then rounded down to the nearest whole number.
12. 
Automatic or semiautomatic car washing facilities: (Annual water use or metered sewage flow ÷ 365 days) ÷ 225, then rounded down to the nearest whole number.
Notes:[1]
(1)
Base rental charge per year/unit is based on current BRSA/MCBOA rate. As BRSA/MCBOA rate changes, the borough rental rate/year/unit will be adjusted accordingly (up or down). The current rate effective as of January 1, 2003 is $4,036.
(2)
Plus any BRSA/MCBOA adjustment(s) occurring during calendar year 2003.
(3)
Plus any BRSA/MCBOA adjustment(s) occurring during calendar year 2004.
(4)
For Categories 4 through 12, the number of EDUs (prior to rounding) computed for each use shall be multiplied by a factor of 0.75 and then rounded down to the nearest whole number. In the event EDUs are computed using metered sewage flow, no factor will be applied.
All rentals will be paid quarterly and shall be due within 30 days after billing. Initial billing shall commence no later than 90 days from notice to connect.
For new construction, the initial billing shall commence upon the issuance of a certificate of occupancy, provided that in the event the sewer line is used prior to the issuance of the certificate of occupancy, then initial billing shall commence upon the date the construction official certifies that said use has begun.
In the event that the sewer connection is abandoned, the premises substantially destroyed or demolished so that the sewer service cannot be used, the rental or use charge shall terminate unless and until the service is reconnected, the premises are rebuilt or replaced by another structure for all of which the owner shall pay all fees (including the connection fee) as prescribed in this chapter as if no building ever existed on said lands.
In terms of effluent quality, all rentals as set forth above pertain to typical domestic waste, or its equivalent and shall be determined in accordance with the rules and regulations of the borough or BRSA and of the requirements of the local, regional, state or federal environmental protection agencies. In the event that it is determined that atypical effluent is generated, additional charges shall be made in accordance with the above stated rules and regulations and in accordance with contractual and/or regulatory requirements in existence.
Rentals shall be payable at the time and place set forth in the notice to the user. In the event that the charges shall not be paid as when due, interest fees and costs shall accrue in accordance with the provisions of N.J.S.A. 40:14A-22.
The wastewater contributions, costs of operation and maintenance, and debt service will be periodically reviewed and the user charge schedule revised as deemed necessary for proper operation and conformance with Title 40, Part 35.929-2(b) of the Federal Code, and shall be published for the users of borough's system before December 31 of each year.
An independent audit of the liabilities and revenues of this borough will be posted in Borough Hall in substantiation of user charges by December 31 of each year.
The sewer rental or use charges as enumerated in this subsection shall take effect on July 1, 2015.
[1]
Editor's Note: See additional paragraphs at the end of this subsection for most-recent notes.
a. 
The connection fee to the sewer lateral shall be $750 per unit where street sewers are constructed by the borough. For the number of units, see subsection 11-2.9.
b. 
The connection fee to the street sewer shall be $750 per unit where street and sewer laterals are constructed or owned by the borough, but where no street sewer lateral exists or is constructed by the borough. For the number of units, see subsection 11-2.9.
c. 
The connection fee shall be $450 per unit where street sewers and sewer laterals are constructed by a developer or owner, pursuant to subdivision approval of the proper municipal authorities of the borough, (including a dry sewer system) and connection is made to the borough sewerage system, without cost to the borough, and the street sewer has been constructed to service the building structure upon a building lot without cost to the borough. Any building lot connected to the street sewer not originally included in the development approved plan, shall not fall within the provisions of this paragraph.
d. 
The connection fee shall be $750 per unit, where the connection fee is made by a user into the sewer lines of the BRSA. For the number of units see subsection 11-2.9.
a. 
The borough may appoint a superintendent or any other duly authorized employee to enter any and all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section.
b. 
The duly authorized employee of the borough shall bear proper credentials and identification and shall be permitted to enter all private properties through which the borough is the owner of an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
a. 
Payment of sewage system connection charges shall be made by payment to the "Borough of Union Beach Sewer Account".
b. 
Payment of sewage system rental or use charges shall be made on a quarterly basis in advance, and charges shall be effective as of 90 days after notice to connect or connection, whichever occurs first, on a pro-rata basis. Bills for the sewer system rental charges will be rendered to the owner of each premises twice a calendar year in advance of the first quarter billed and shall be computed in accordance with the rate schedule set forth by the borough council as of January 1 of each year.
The borough hereby dedicates all revenues received from any and all persons connecting to the sewage system in the borough including connection charges and sewer rental charges, to liquidate all sums borrowed in connection with the establishment of such system after payment of all expenses chargeable to the operation and maintenance of the sewer system.
All charges and rents for the sewage system shall be due and payable in advance of each quarter on the first day of each quarter, i.e., January 1, April 1, July 1, and October 1 of each year. Any and all charges, including mandatory connection charges, which remain unpaid for 30 days following the due date for payment thereof will incur interest and costs which shall accrue on the unpaid amount in accordance with the provisions of N.J.S.A. 40:14A-21, 40A:26A-12 and other statutes and regulations, and the borough shall have and exercise the remedies for the collection thereof, together with interest, costs and penalties, as is provided by law for collection of taxes on real estate.
If such charges and rents shall not be paid in full together with all interest, costs and penalties incurred within 60 days after the date when the charges and rent became due, the connection between the premises and the sewer system may, in the discretion of the borough council, be terminated and the connection shall not be restored until all such charges, rents, interest and penalties are paid in full to the borough and a further fee of $100 shall be paid to the borough for restoring the connection, and/or the borough may cause the supply of water to such parcel to be stopped or restricted and not restored until such charges, rents, interest and penalties, plus any subsequent charges, rents, interest and penalties accrued thereon, shall be paid in full to the borough together with any restoration fee as set forth above, after which payment in full the borough shall restore service as soon as practicable during the normal business hours of the borough.
The borough is authorized to acquire, by purchase, lease or otherwise, any and all sanitary sewage treatment plants which are or may be required in the operation of the sewage system provided for herein. The operation and maintenance of any sanitary sewer plant or plants shall be regulated by the borough council and the borough council is authorized to negotiate a contract or contracts for the operation and maintenance of such plant or plants; negotiate a contract or contracts for administering the system, including billing services; to purchase the necessary chemical or chemicals required in the treatment of sewage; to hire employees; acquire insurance coverage and do any and all things necessary to the continued operation and maintenance of the sewage system.
The rates set forth in this section are subject to adjustment and change to such extent as the borough council may, from time to time, deem necessary or advisable.
a. 
Purpose and Scope.
1. 
The purpose of this subsection is to prevent the discharge of fats, oils and grease (FOG) into the borough's sanitary sewerage system; the discharge of FOG seriously hampers the ability of the sanitary sewer collection system to convey sewage to the treatment facility (BRSA) which results in increased operation and maintenance costs of the borough's utility.
2. 
Grease trap/inceptor (unit) shall be provided at all restaurants, factories, office buildings and all other non-residential locations where food is being prepared and FOG has the capability of entering the sanitary sewer system. When grease traps are required by the borough, the user will be required to bear additional responsibility. Grease traps/inceptors shall be used in accordance with the provisions of this section.
3. 
Owner and/or operators of the premises where grease traps/interceptors are located shall be required to register all grease traps/interceptors with the borough plumbing subcode official on an annual basis. All owner and/or operators shall be required to submit annually a completed Grease Trap Registration Form. Upon registration the owner or operator of the premises shall provide the documentation in accordance with this section.
b. 
Sizing of units.
1. 
Grease interceptors and grease traps shall be sized based on the expected volume and peak flow rate through the unit. The sizing will be based on the criteria outlined in Section 6 of the National Standard Plumbing Code or by "Testing and Rating Procedure for Grease Interceptors with Appendix of Sizing and Installation Data" of the Plumbing and Drainage Institute, shall be rated for up to 100 gallons per minute and in no case have a capacity of less than 1,000 gallons nor exceed a capacity of 3,000 gallons, unless an alternative type and/or size unit is specifically approved by the plumbing subcode official. Design calculations and plans shall be submitted to the plumbing subcode official for approval. The interceptor shall have a retention capacity of not less than two pounds of grease for each gpm (gallons per minute) of peak flow. When the waste of two or more fixtures is combined to be served by one grease trap/interceptor, the grease traps/interceptor shall have one inlet and one outlet pipe.
2. 
The submitted information must include design plans showing the location of the unit, the materials and dimensions and a proposed maintenance schedule. Grease traps shall be located outside of the building as near as possible to the wastewater source. The grease trap shall be located in an area for the best operation (effectiveness) and maintenance. The placement of the unit shall allow for the cover to be visible and easily removable for cleaning and inspection. The unit shall be located so that the clearance will allow for the cleaning and inspection of the internal baffles. No sanitary facilities shall be connected to the grease trap/interceptors. Upon approval by the plumbing subcode official, permission to connect the unit to the borough's system will be issued.
3. 
Dishwashers and food grinders shall be connected to the grease trap/interceptor. When dishwashers and food grinders are connected to the unit a separate solids interceptor shall be installed. The solids interceptor shall be located upstream of the unit.
4. 
Installation of grease traps on plumbing (to be retrofitted) within existing buildings will be reviewed on a case-by-case basis. Interior units may be acceptable, as determined by the plumbing subcode official.
c. 
Fees. Applicants shall pay an annual fee to the borough of $75 for each grease trap/interceptor located on the premises. All fees to be paid upon submission of the annual Grease Trap Registration Form.
d. 
Maintenance.
1. 
Grease traps/interceptors shall be maintained in efficient operating condition by regular removal of accumulated grease, scum, oil, or other floating substances, and solids deposited on a schedule determined by the plumbing subcode official.
2. 
Owner or operators of the premises where grease traps/interceptors are located shall clean and maintain said grease trap/interceptor system in accordance with these rules and regulations.
3. 
Applicant and/or owners or operator of the premises which the grease trap/interceptor is located shall provide proof, upon request by the borough, that all of the grease traps/interceptors are being maintained. Furthermore, grease traps/interceptors may be inspected without notice by the borough not less than twice annually. All maintenance and repair records shall be maintained on the premises and available at all times to the borough plumbing subcode official.
4. 
A maintenance log indicating each pumping for the previous 12 months shall be maintained by each facility required to install a grease trap. This log shall include the date, time, amount pumped, hauler and disposal site, and shall be kept in a conspicuous location for inspection. Said log shall be made immediately available to the plumbing subcode official upon request.
5. 
The information required in the maintenance log must be submitted to the borough annually. The reporting period shall be January 1 through December 31 of each year. The report shall be submitted within 30 days after the end of the reporting period to the office of the plumbing subcode official.
6. 
Failure to submit all required documentation within 30 days of request by the borough shall result in the borough utilizing all remedies available by law. The applicant shall be liable to the borough for any loss or damage (including attorney fees and costs) to the borough's facilities and/or spills which may occur due to the applicant's failure to submit all forms and information which may be required to be submitted to the borough in accordance with the provisions of this subsection.
7. 
The plumbing subcode official, bearing proper credentials and identification, shall have the right to enter upon all properties subject to this subsection at any reasonable time and with prior notification, for the purpose of inspection, observation, measurement, sampling, testing or record review, in accordance with this chapter.
8. 
The owner of operators of the premises where grease trap/interceptor is located shall bear the expense to maintain all grease traps. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludge and solids.
9. 
Decanting or discharging of removed waste back into the trap which the waste was removed or any other grease trap for the purpose of reducing the volume to be disposed is prohibited. The use of enzymes or other chemicals to attempt to keep the grease in suspension shall not be permitted.
10. 
Grease traps must be pumped out completely a minimum of once every three months, or more frequently as needed or as directed by the plumbing subcode official to prevent carry over of grease into the sanitary sewer collection system, unless it can be demonstrated to the borough that the pumping frequency can be extended past the three-month period.
11. 
All waste removed from each grease trap must be disposed of at a facility permitted by the state to receive such waste in accordance with the provisions of this subsection. In no way shall the pumped waste be returned to any portion of the sanitary sewer collection system or the sewage treatment plants, without prior written approval from the borough.
e. 
Enforcement.
1. 
The plumbing subcode official shall have the administrative authority to enforce this subsection. Whenever the plumbing subcode official finds that any user had violated or is violating this subsection, or any prohibition limitation, or requirements contained herein, the plumbing subcode official will serve upon any user a written notice stating the nature of the violation.
2. 
Within 15 days of the date of the violation notice, the user thereof shall submit a plan for the satisfactory correction to the plumbing subcode official. When the plumbing subcode official finds that a user has violated or continues to violate the provisions set forth in this section, or the order issued there under, the plumbing subcode official may issue an order for compliance to the user responsible for the discharge. Orders may contain any requirements as might be reasonable, necessary and appropriate to address the noncompliance, including, but not limited to, the installation of pretreatment technology, additional self-monitoring and management practices and a time period to implement the action.
3. 
Notwithstanding any other remedies or procedures available to the plumbing subcode official, any user who is found to have violated any provisions of this subsection, or any order issued hereunder, may be assessed an administrative penalty as per subsection 11-2.18. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessment may be added to the user's next scheduled sewer service charge and the plumbing subcode official shall have such other collection remedies as available by law.
4. 
The plumbing subcode official may suspend sewer service when such suspension is necessary, in the opinion of the plumbing subcode official, in order to stop an actual threatened discharge which:
(a) 
Presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment;
(b) 
Causes stoppages or excessive maintenance to be performed to prevent stoppages in the sanitary sewer collection system;
(c) 
Causes the borough to violate any condition of its permit.
Any person notified of a suspension of the sewer service shall immediately stop or eliminate the discharge. In the event of a failure of a person to comply voluntarily with the suspension order, the plumbing subcode official shall take such steps as deemed necessary, including the immediate termination of sewer services, to prevent or minimize damage to the collection system or sewer connection or endangerment to any individuals. The plumbing subcode official shall reinstate the sewer service when such condition causing the suspension has passed or been eliminated. A detailed written submittal by the user describing the cause(s) of the harmful discharge and the measure(s) taken to preventing any future occurrence shall be submitted to the plumbing subcode official within 15 days of the date of occurrence. The discharge will be billed for the cost of terminating and reinstating service.
Any person violating any of the provisions of this section shall be subject to a fine of not less than $100 nor more than $2,000 or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 30 days or a period of community service not exceeding 30 days, or both.
As used in this section:
a. 
BUILDING - Shall mean any building or structure constructed and designed or used for dwelling purposes, either temporarily or permanently, or constructed or designed for any other use or occupancy by persons.
b. 
SEWER - Shall mean any sewer or main designed or used for collection of or disposal of sanitary sewage within the borough which is owned and operated by the borough.
c. 
CONNECTION DATE - Shall mean when used with respect to a building constructed prior to the date of the initial operation, as part of any sanitary sewage treatment and disposal system in the borough owned or operated by the borough, of a sewer available to serve said building, the 90 day, next ensuing after the date of initial operation, and when used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewage treatment and disposal system owned or operated by the borough or said Bayshore Regional Sewerage Authority, of a sewer available to serve said building, means the 60 day after the date of completion of construction, or the date of initial occupancy of said building whichever of the dates shall be earlier in point of time.
The owner of each property along the line of any sewer not or hereafter constructed and/or acquired in the borough by the borough or by the Bayshore Regional Sewerage Authority shall connect each building on such property with a sewer prior to the connection date with respect to the building.
Every connection required by this section shall be made with cast iron soil pipe from inside the building to a point not less than five feet outside the building. From this point to the sewer main, cast iron pipe caulked and leaded or asbestos cement pipe with slip joint-rubber gaskets may be used. All pipes must be not less than four inches in diameter.
Upon receipt by the board of health of the borough of notification from the Bayshore Regional Sewerage Authority, or from the borough, that any sewer is available to serve buildings on any properties in the borough, the board of health shall order each owner of property along the line of the sewer to connect each building on the property with the sewer in accordance with the terms of this section. The board of health shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to this section. Such notice shall be addressed to the owner of the property as the name of the owner appears in the last tax duplicate of the borough and by the street address if a street address exists, and shall state that by order of the board of health the owner is required to connect each building on the property with a sewer in accordance with the terms of this section, on or before the connection date with respect to the building or, if the connection date shall have passed, within 30 days after service of the notice as hereinafter provided, and the notice shall also describe the penalty which may be imposed for failure to comply with the notice and order in accordance with the terms of this section. The notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. The notice may also be served within or without the limits of the borough by mailing the same by registered mail to the last known post office address of the owner as the same appears on the last tax duplicate with the borough.
Any person who shall not comply with any order issued in accordance with the provisions within 30 days after notice by the proper officer of the board of health as provided, shall, upon complaint by any health officer, borough official, police officer, or any aggrieved person, and upon conviction, forfeit and pay a fine of $25 and shall also forfeit and pay an additional fine of $10 for each day of delay after the expiration of said period of 30 days, at the discretion of the municipal court judge before whom the conviction is heard, in which the provisions of the order or notice are not complied with. Penalties under this section may be enforced in the municipal court of the borough in the manner provided by law.
There are in and about the communities of Hazlet Township, Holmdel Township, and the Borough of Union Beach, waters which are polluted and subject to pollution by sewerage and industrial and other wastes arising from causes within the territories of the municipality and the other two municipalities mentioned, and the mayor and council of the Borough of Union Beach has ascertained that there is imperative need to relieve such water from pollution and thereby to reduce and ultimately abate the menace to the public health resulting from such pollution. The Sewerage Authorities Law of the State of New Jersey (Laws of 1946, Chapter 138, as amended and supplemented) grants power to any two or more municipalities, the areas of which together comprise an integral body of territory, by means and through the agency of a sewerage authority, to acquire, construct, maintain, operate, or improve works for the collection, treatment, purification or disposal of sewerage or other wastes, and the areas of Hazlet Township, Holmdel Township and the Borough of Union Beach, together comprise such an integral body of territory, and the mayor and council of the borough has decided and hereby determines that it is necessary and advisable and is in the best interests of the inhabitants of the borough that by joint or parallel action by or on behalf of Hazlet Township, Holmdel Township, and the Borough of Union Beach, each a municipal corporation of the State of New Jersey, situate in the County of Monmouth, and herein called, "municipalities" there by created a sewerage authority, pursuant to the said Sewerage Authorities Law as a public body corporate and politic and an agency and instrumentality of the municipalities for the purposes of the relief of water in or bordering the state from pollution arising from causes within the area of the municipalities and the relief of waters in, bordering or entering the area from pollution or threatened pollution and the consequent improvement of conditions affecting the public health.
Pursuant to the provisions of paragraph (c) Section 4 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 Bayshore Regional Sewerage Authority.
The Bayshore Regional Sewerage Authority is and shall be an agency and instrumentality of the three municipalities created by parallel ordinances duly adopted by their governing bodies, and is a sewerage authority 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 hereafter enacted and applicable.
[Amended 5-16-2024 by Ord. No. 2024-343]
The Bayshore Regional Sewerage Authority shall consist of six members and two of the members shall be appointed by the governing body of each of said municipalities in accordance with the provisions of the Sewerage Authority Law. The Bayshore Regional Sewerage Authority shall be authorized to establish an annual salary for each of its members for the year 2024 of not more than three thousand five hundred ($3,500) dollars. For each year thereafter, the maximum annual salary for each member shall be computed by applying a factor, based upon the annual increase or decrease in the Cost of Living Adjustment ( COLA) to the maximum salary for the prior year to determine the yearly adjusted maximum salary of each member. The annual salary of the Board of Commissioners shall be reviewed by The Bayshore Regional Sewerage Authority member municipalities every 10 years to determine if a change to the maximum salary allowed is appropriate.
The Bayshore Regional Sewerage Authority shall be limited in its power to install, maintain and operate collector mains and a sewerage treatment plant for the purposes of collecting and treating the affluent from sewer lines and mains installed, maintained and operated and controlled by the participating municipalities or their local sewer authority counterparts.
The position of water foreman in the water department is hereby established and the salary for the water foreman shall be the same as that presently in effect for the position of water supervisor, pursuant to the salary ordinance of the borough.
The duties and requirements hereby established for the position of water foreman are as follows:
a. 
Definition: Supervises and works with a group of employees engaged in the installation, maintenance, and repair of pipes, valves and pumps, hydrants and other water service equipment.
b. 
Requirements:
1. 
Ability to read, write, speak, understand, or communicate in English sufficiently to perform the duties of the position.
2. 
Three years of experience in varied plumbing tasks and/or the repair and maintenance of large water mains and pipes.
3. 
Appointee will be required to possess a driver's license valid in New Jersey as operation of a vehicle is necessary to perform the essential duties of the position.
These rules and regulations stipulated in the chapter shall be deemed to supersede all rules, regulations and amendments thereto which may have been previously adopted by the borough, and any agreements inconsistent herewith.
Whenever the governing body shall be satisfied and finds that a water emergency exists in the borough, it may adopt a resolution declaring that a water emergency exists in the borough. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body.
Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in subsection 11-7.2 of this section is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in subsection 11-7.3 of this section. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
a. 
The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, has notified the municipality, the New Jersey Board of Public Utilities, and the New Jersey Department of Environmental Protection, as well as any other state, county or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so, or
b. 
The governing authority is otherwise satisfied that a water emergency exists in the municipality.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with subsection 11-7.2 of this section, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
a. 
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars; or
b. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days with outside water usage being completely banned and prohibited on the thirty-first day of any month during the water emergency; or
c. 
Any other water use restriction specified by the governing body in the resolution required by subsection 11-7.1 of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with subsection 11-7.1 of this section.
The resolution of the governing body required by subsection 11-7.1 of this section shall, in addition to complying with subsection 11-7.1, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 11-7.5 of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
After a warning upon a first offense in accordance with subsection 11-7.4, any person who violates the water use restrictions imposed pursuant to this section shall be subject to a fine of not less than $500 nor more than $2,000 for a second offense, a fine of not less than $1,000 nor more than $2,000 for a second offense, or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 30 days or a period of community service not exceeding 30 days, or both.
[Ord. #691]
The Borough of Union Beach has entered into a contract with the Bayshore Regional Sewerage Authority on June 24, 1971, and executed an addendum to the agreement on June 24, 1971, and thereafter executed a supplemental agreement dated June 16, 1975, hereinafter collectively referred to as the service agreement, for the purposes of transmittal and disposal of wastewater collected within the municipal boundaries of the Borough of Union Beach.
The Bayshore Regional Sewerage Authority has prepared an addendum to the service agreement extending the term of the agreement to June 24, 2025, in form annexed hereto and incorporated herein as if set forth at length.[2]
[1]
Editor's Note: For establishment of the Bayshore Regional Sewerage Authority see section 11-4.
[2]
Editor's Note: A copy of the service agreement and the addendum may be found on file in the office of the borough clerk.
The following terms, phrases, words, and their derivations are the same or based on corresponding definitions contained in the New Jersey Pollutant Discharge elimination System (NJPDES) rules at N.J.A.C. 7:14-1.2. As used in this section:
a. 
DOMESTIC SEWAGE - Shall mean waste and wastewater from humans or household operations.
b. 
ILLICIT CONNECTION - Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Union Beach, unless that discharge is authorized under a NJPDES permit other than the TIER A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
c. 
INDUSTRIAL WASTE - Shall mean nondomestic waste including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act, 33 U.S.C. § 1317(a), (b) or (c).
d. 
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - Shall mean a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is owned or operated by the Borough of Union Beach or other public body, and is designed ad used for collecting and conveying stormwater.
e. 
NJPDES PERMIT - Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
f. 
NON-CONTACT COOLING WATER - Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
g. 
PERSON - Shall mean any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
h. 
PROCESS WASTEWATER -Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
i. 
STORMWATER - Shall mean water resulting from precipitation, including rain, snow and hail, 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 system operated by the Borough of Union Beach any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste, other than stormwater.
a. 
Violations. This section shall be enforced by the Police Department of the Borough of Union Beach, the board of health, or any other official or officer of the Borough of Union Beach.
b. 
Penalties. Any person who is convicted of a violation of this section shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment not to exceed 90 days or a period of community service not exceeding 90 days, or both.
c. 
Each day that a violation shall continue to exist shall constitute a separate offense.