[Ord. No. 12-15]
The sanitary sewer system is composed of gravity mains, force mains, pumping stations, access manholes, and other related components, the installation and maintenance of which shall be the responsibility of the Borough, except as may be provided by developers agreement or other form of contract for service, maintenance or installation. The installation and maintenance of connections to the sewer system defined herein as "curb connections," "house laterals," and "house plumbing systems" shall be the responsibility of the property owner. The Borough reserves unto itself the sole and exclusive right of ownership of and access to the sanitary sewer system. The system, its components and all connections thereto shall not be modified or altered in any way without specific approval from the Borough.
[Ord. No. 12-15; Prior ordinance history includes portions of Ordinance Nos. 691, 06-30, 12-06.]
a. 
Application to Connect; Form. Before any building or premises shall be connected with a public sewer, the owner or lessee thereof shall obtain a written permit from the office of the Construction Code Official authorizing such connection to be made. Every application for a sewer connection shall be made on the form provided for that purpose.
b. 
Permit to Repair. No person shall repair any sewer connection without first obtaining a permit therefor and complying with the provisions of this section.
c. 
Permit Fees. Permits as herein defined shall only be issued by the Construction Code Official upon payment of the applicable fees required by the Uniform Construction Code and as otherwise set forth in this section.
[Ord. No. 12-15]
a. 
Supervision Required. All public sewers, sewer connections and drains and all repairs to any sewer, connection or drain shall be constructed and made under the direction and supervision of the Borough Engineer, the Construction Code Official and/or any other authorized inspector of sewers.
b. 
Permit Required.
1. 
No portion of the sewerage system or drains or its connection branches shall be uncovered, nor shall any manhole or flush tank be opened, without a permit to do so, issued by the Construction Code Official.
2. 
No highway or public ground shall be opened for the purpose of making any sewer connection; nor shall any pipe of the sewerage system be broken, cut, or removed, nor any connection be made, unless a permit from the Borough has been obtained, subject to the approval and supervision of the Borough Engineer or other authorized inspector of sewers.
3. 
No grease trap or interceptor required by this section shall be installed, modified, or removed from a building or premises without a permit issued by the Construction Code Official.
c. 
Use of Public Sewers. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, sump pump discharge, swimming pool water, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
d. 
Discharge Restrictions. Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described waters or wastes into any public sewer;
1. 
Any liquid which may contain more than 100 parts per million by weight of fat, oil or grease.
2. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
3. 
Any liquid having a pH factor lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or a hazard to the structure, equipment and personnel of the Borough or the Bergen County Utilities Authority.
4. 
Any liquid containing a toxic or poisonous substance in a sufficient quantity so as to injure or interfere with any sewage treatment processes, to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.
5. 
Any liquid containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.
6. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
e. 
Interceptors and Traps.
1. 
Grease, oil and/or sand interceptors shall be provided when, in the opinion of the Department of Public Works ("DPW"), Health Department or the Construction Code Official, such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients. All interceptors or traps shall be of a type and capacity approved by the Construction Code Official and shall be located so as to be readily and easily accessible for cleaning and inspection.
2. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of a substantial construction and watertight and shall be equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. All grease, oil and land interceptors shall be maintained by the owners, at their expense, in continuously effective operation at all times.
f. 
Inspection and Approval Required. No sanitary sewer connected with the sewerage system shall be connected with any privy vault or cesspool or underground drain, or with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by the Construction Code Official or other Borough official authorized to inspect sewers.
g. 
Prevention of Detrimental Discharge; Severing Connection. The Construction Code Official may at any time, in his or her discretion, stop and prevent the discharge into the sewerage system of any substance deemed by it likely to damage the sewerage system, or to interfere with its normal operation, or to obstruct the flow, or to hinder any process of sewage purification. In its discretion, without notice and without recourse, the Construction Code Official may sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged. All costs associated with severing a sewer connection shall be borne by the property owner, either as a direct payment to the Borough or in the form of a lien as approved by the Mayor and Council.
h. 
Plans; Application for Approval. Before any sewerage work or drainage is done or commenced in or upon any property to be connected with the sewer system, and before any alterations or additions are made to old sewerage or drainage work, plans and description of the proposed work shall be filed in duplicate with the Construction Code Official, accompanied by an application for approval of the plan, and for the issuance of a permit to do the work. The plans, descriptions and specifications shall conform to all provisions of this section and to all the rules and regulations that are or may hereafter be made concerning this work.
i. 
Permit Required; Fee. No work may be commenced until the plans are filed and a permit is issued by the Construction Code Official. For each permit, the fee shall be in accordance with the applicable Uniform Construction Code fee schedule, and shall be paid to the Borough for its use in defraying the cost of inspection and tests.
[Ord. No. 12-15]
a. 
Commercial-type kitchens are those where foods are prepared for public consumption on or off the premises.
b. 
Retail food establishments shall be given its normal definition in the industry. A retail food establishment includes retail businesses which process and/or serve food and food products.
c. 
Any grease arising out of any cooking, grilling, frying or meat trimming shall be recycled using a qualified firm equipped to handle such materials. The owner shall keep an accurate record of such recycling and make that record available to authorized representatives of the Borough.
d. 
The owner of every retail food establishment or any location containing any commercial-type kitchen shall be required to install and maintain an approved grease interceptor or trap on all sinks discharging into the Borough sanitary sewer system. The design, location, installation, and permitting for the interceptor or trap shall conform to the regulations of the New Jersey Uniform Construction Code.
e. 
It shall be the responsibility of each such owner to regularly clean and maintain the interceptor or trap to prevent grease from entering the sewer system, and to post and maintain a log adjacent to said interceptor or trap for each cleaning.
f. 
Grease interceptor cleaning shall be done as recommended by the manufacturer or as required. A maintenance log including the time, date and signature of the person performing the cleaning shall be kept on the premises and shall be readily available for inspection by a representative of the DPW, the Construction Code Official or his designee, or Health Department. If it is determined that the system is not sufficient, the cleaning shall be increased or a larger unit shall be installed. Inspection records shall be maintained for a minimum period of one year.
g. 
Representatives of the DPW, the Construction Code Official, and/or the Board of Health shall have access to any food establishment to inspect the grease trap and maintenance/cleaning records. No establishment shall restrict access to the grease trap.
h. 
Failure to properly maintain a grease interceptor and/or to retain the maintenance log as required by this section shall constitute a violation of this section and shall be subject to the penalty provisions. In addition to any penalties imposed for a violation of this section, the following costs shall also be imposed:
1. 
The costs for clearing and cleaning any blockages in the sanitary sewer mains that are attributable to a commercial-type kitchen shall be paid by the owner.
2. 
Such charges shall include, but not be limited to, the full cost for labor, including fringe benefits, equipment costs, and surcharges, if any, whether those costs were incurred by Borough employees or by a contractor hired by the Borough, or both.
3. 
Any property damage arising out of a sewer blockage caused by the commercial-type kitchen shall also be borne by the owner of the premises causing the blockage.
[Ord. No. 12-15]
a. 
Before granting a permit in accordance with this section, the Borough may require the applicant to furnish a bond with one or more sureties acceptable to the Borough. The bond shall be conditioned that:
1. 
The applicant shall indemnify and save harmless the Borough, the Council, and the officers, employees and officials of the Borough, from all suits and actions of every name and description brought against the Borough or any officer, employee or official of the Borough for or on account of any injury or damage received or sustained by any person in consequence of, or resulting from, any work performed by the applicant, his/her servants, agents or contractors or subcontractors, or from any improper materials used in the work, or from any negligence in guarding the work, or from any act or omission of the applicant, his/her servants, agents, contractors or subcontractors.
2. 
The applicant shall faithfully perform or cause to be performed the work in all respects and shall replace and restore that portion of any street in which the applicant, his or her servants or agents, contractors or subcontractors shall make any excavation, to as good condition, of which the Borough Engineer or the DPW shall be the judge, as that in which the same was before the work was performed, and shall also keep and maintain the street in like good condition to the satisfaction of the Borough Engineer or the DPW for the period of one year.
3. 
The Borough Engineer or the DPW may within that year, with or without notices to the applicant, recommend to the Mayor and Council that the street be repaired, and that the cost thereof shall be paid forthwith by the applicant upon demand, or charged against any bond or escrow on file.
4. 
The applicant shall comply in all respects with the rules and regulations established by the Borough Engineer relative to the work, and shall pay all fines imposed upon him for violation of this section or of any such rule or regulation.
b. 
The bond shall be in the sum of $1,000 for one connection, or such other sum as the Borough Engineer may determine adequate for the number, location, and types of connections. Applications for more than one connection shall show that all connections are to be made within 60 days from date of application.
[Ord. No. 12-15]
a. 
Connection by Licensed Plumber; Supervision. The owner or lessee of every property on which there is erected, or on which there shall hereafter be erected any dwelling house, store or other building, containing a toilet, sink, bathtub, washbowl, or other receptacle for the receipt and discharge of refuse, water or sewerage, abutting on any street in which there shall have been constructed a sanitary sewer or sewers, shall connect such toilet, sink, bathtub, washbowl or other receptacle in the building with the sewer. All such connections shall be constructed and made by a plumber licensed by the State of New Jersey, or such other contractor as may be authorized by the Construction Code Official to make the connection, at the expense of the owner or lessee of the property connected, and under the supervision of the Construction Code Official or his or her designee.
b. 
Types of Sewers and Connections. Sewers under streets or under a right-of-way for sewer purposes required by the Borough shall be known as "main" or "lateral" sewers as the case may be. Sewer connections from a main or lateral sewer to the curbline shall be known as "curb connections." Sewers from the curbline to the exterior end of the iron pipe outside a building shall be known as "house laterals." All pipes within a building and to a maximum of five feet outside thereof shall be known as the "house plumbing system."
c. 
Property Owner Responsibility. It shall be the responsibility of the property owner to maintain in good condition the sewer lateral from the building line to its connection to the main at the street.
[Ord. No. 12-15]
Where any work to be done in accordance with the provisions of this section shall necessitate the opening of a State or County road or highway, the owner or lessee shall prior to his/her making application to the Construction Code Official as herein provided, obtain the necessary permit for the work from the appropriate Bergen County department or from the State Department of Transportation.
[Ord. No. 12-15]
Where there is a main or lateral sewer in the street but no curb connection, the owner or lessee shall engage a plumber licensed by the State of New Jersey or other contractor approved by the Construction Code Official to carry the connection to the curb. The licensed plumber or other approved contractor shall open the street and connect with the "Y" in the main sewer or lateral sewer, or at such place as the Construction Code Official may designate. The licensed plumber or other approved contractor shall connect to the "Y" branch, or make his own connection to the main or lateral sewer with a cast iron or PVC SD35 connection. All aforesaid work by the licensed plumber or other approved contractor shall be done under the supervision of the Construction Code Official. The licensed plumber or other approved contractor shall not commence to refill any openings or excavations until all of the work with respect to the connection to the main or lateral sewer to the curb has been approved by the Construction Code Official or his or her designee.
[Ord. No. 12-15]
All curb connections shall be constructed and made of four inch cast iron or PVC SD35 soil pipe or such other pipe and materials as the Construction Code Official may approve. Trenches shall be backfilled in accordance with the Uniform Construction Code, well tamped and not puddled, and no openings shall be made by tunneling.
[Ord. No. 12-15]
All applicants, and their servants, agents, or employees shall adequately protect any openings or excavations so as to avoid injury or damage, and shall keep adequately lighted any such excavation or opening during the nighttime.
[Ord. No. 12-15]
The Construction Code Official may revoke all permits granted under this section for sufficient cause after hearing. No person shall have the right to demand or claim any damages from the Borough by reason of such revocation.
[Ord. No. 12-15]
a. 
Fees. All new construction in the Borough shall be subject to the sewer fee schedule set forth in the Uniform Construction Code and such additional fees as may be imposed by the Bergen County Utilities Authority.
b. 
Certificate of Occupancy. Prior to the issuance of a Certificate of Occupancy, the Construction Code Official shall confirm and certify that all sewer permit fees have been paid in full to the Borough.
[Ord. No. 12-15]
a. 
Illegal, improper, defective, or other similar sewer connections or openings are a threat to the health, safety, and welfare of residents or occupants of buildings and structures, and to the general public. Consequently:
1. 
The Construction Code Official, Health Inspector, and DPW are all authorized to order the proper and safe correction of any illegal, improper, defective, or otherwise unsafe connections to the sanitary sewer system that have been found through inspection or confirmed after receiving reports or referrals from other sources.
2. 
The Construction Code Official, Health Inspector, and/or DPW may refer any defective, hazardous, or otherwise improper sewer condition or usage to the New Jersey Department of Environmental Protection, Bergen County Utilities Authority, or any other such agency with jurisdiction over the improper or hazardous condition or use.
b. 
Upon receipt of notice to correct any such condition, the owner of the property shall make the necessary corrections after first obtaining all permits required under this section.
1. 
If there is imminent danger that requires immediate repair, the work may be done without first obtaining a permit, provided that all such work is done under the supervision of the Construction Code Official.
2. 
If the Construction Code Official or his designee is not available to immediately inspect the work, the contractor shall make the necessary repair and then adequately and properly secure and safeguard the area for the Construction Code Official's subsequent inspection, which shall be performed within three business days.
3. 
The owner or contractor shall apply for the permit on the next business day.
[Ord. No. 12-15]
Any person violating any provisions of this section shall, upon conviction thereof, be subject to a fine of not less than $500 and not more than $5,000. The Construction Code Official, the DPW, the Health Inspector, and/or their designees, shall each have the authority to issue a summons. In addition to the fine set forth herein, any person or establishment violating this section shall also be responsible for any costs incurred by the Borough in correcting any hazardous condition. The costs incurred by the Borough shall include an administrative surcharge of 15% of the labor and material costs.
[Ord. No. 983 § 3]
The owner of record of any building lot adjacent to a sanitary sewer line, provided that the line was constructed subsequent to 1930, shall pay a sewer connection fee per lot to the Borough in the amount of $100 prior to the issuance of a sewer connection permit by the Board of Health of the Borough which fee shall be in addition to any fees charged by the Board of Health of the Borough in relation to that sanitary sewer connection.
[Ord. No. 1175, Preamble]
a. 
The Federal government has enacted and amended the Federal Water Pollution Control Act, now known as the Federal Clean Water Act (33 U.S.C. 1150, et seq.).
b. 
The Bergen County Utilities Authority has enacted rules and regulations, as required by the Federal Clean Water Act, incorporating an Industrial Cost Recovery System, a User Charge System and regulations pertaining to the use of sanitary sewers.
c. 
The Borough of Tenafly is within the district serviced by the Bergen County Utilities Authority and has contracted with the Bergen County Utilities Authority for the removal and treatment of the wastewater contained within the sanitary sewers of the Borough of Tenafly.
d. 
The Borough of Tenafly desires to assure that the sanitary sewers operated and maintained by it will conform to the best sanitary engineering practices and comply with the requirements of the Federal Clean Water Act.
[Ord. No. 1175 § 1]
The use of all sanitary sewers of the Borough shall be in compliance with the rules and regulations enacted by the Bergen County Utilities Authority.
[Ord. No. 1175 § 2]
The Borough of Tenafly hereby adopts and enacts the User Charge System and Industrial Cost Recovery System contained in the rules and regulations of the Bergen County Utilities Authority, and authorizes their immediate implementation by the appropriate municipal official, to be designated by resolution of the Borough Council.
[Ord. No. 09-08 §§ 1, 2]
a. 
The Chief Financial Officer of the Borough of Tenafly is authorized to bill the tax exempt users annually for sewer service in accordance with the Tier Two User Charges calculated by the Bergen County Utilities Authority ("BCUA") in accordance with the annual list of said users provided to the Borough of Tenafly by the BCUA, except for the qualified disabled veterans and/or their eligible spouses.
b. 
The bills for sewer service for calendar year 2009 shall be prepared and mailed to each tax exempt user upon the effective date of this subsection.[1] Thereafter, the annual bill for sewer service shall be prepared and mailed to each tax exempt user within 10 days of receipt by the Borough of the Tier Two User Charges for each respective calendar year. Payment of said user charges shall be submitted to the Borough of Tenafly by December 31st of each calendar year.
[1]
Editor's Note: Ordinance No. 09-08, codified herein as subsection 18-3.3A, was adopted May 12, 2009.
[Ord. No. 1175 § 3]
Not fewer than three copies of the rules and regulations of the Bergen County Utilities Authority have been and are filed in the office of the Borough Clerk and are available for public inspection during normal business hours.
[Ord. No. 1175 § 4]
Copies of the rules and regulations of the Bergen County Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.
[Ord. No. 1175 § 5]
This section shall take effect January 1, 1980, after passage, publication and approval as required by law.
[Ord. No. 06-13 §§ 1 — 6]
a. 
Purpose. The purpose of this subsection is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Tenafly, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
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, man-made channels, or storm drains) that is owned or operated by the Borough of Tenafly or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Tenafly is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
(c) 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
e. 
Enforcement. This subsection shall be enforced by the Borough Engineer or Director of the Department of Public Works.
f. 
Penalties. Any person(s) who continues to be in violation of the provisions of this subsection, after being duly notified, shall be subject to a fine as specified in Section 1-5.1 of the Code of the Borough of Tenafly.
[Ord. No. 06-14 §§ 1 — 5]
a. 
Purpose. The purpose of this subsection is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Tenafly, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
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 Tenafly, 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.
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)).
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, man-made channels, or storm drains) that is owned or operated by the Borough of Tenafly or other public body, and is designed and used for collecting and conveying stormwater.
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.
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Tenafly any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. This subsection shall be enforced by the Borough Engineer or the Director of the Department of Public Works.
e. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine as specified in subsection 1-5.1 of the Code of the Borough of Tenafly.