Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[Ord. 12/20/63, S1a; Ord. 84-7]
As used in this chapter:
AGENT
Shall mean any duly authorized representative of the owner.
BOROUGH
Shall mean the Borough acting through the Mayor and Council, the department of public works or the officers and agents thereof.
DEPARTMENT
Shall mean the Borough department of public works.
MAIN
Shall mean all pipes other than service connections conveying water to or distributing water from the Borough water supply.
OCCUPANT
Shall mean any person, or anyone other than the owner thereof occupying or in possession of property or premises which is or can be supplied with water service.
OWNER
Shall mean any person owning or claiming to own or any mortgagee in possession of any property or premises which is or can be supplied with water service.
PRIVATE MAIN
Shall mean a main running through private property or in a private street to serve more than one home or other buildings or properties.
QUARTER
Shall mean each three month period in each calendar year.
SERVICE CONNECTIONS or SERVICE PIPE or SERVICE LINE CONNECTIONS
Shall mean a pipe connected to a main and extending thence to privately owned property or premises for supplying water thereto.
SUPERINTENDENT
Shall mean the superintendent of the Borough department of public works and may also be construed to include the assistant superintendent or acting superintendent of that department.
[Ord. 12/20/63, B,S1; Ord. 84-7; Ord. 88-3; Ord. 013-94; Ord. 2008-10, S1; Ord. 2010-09, SI; Ord. No. 2015-13]
a. 
All new service connections will be approved by the Mayor and Council, the owner will present an application and drawings with all specifications indicated.
b. 
The tapping fee per unit will be paid upon approval of the service connection as set forth in Subsection 24-1.4.
c. 
The Borough shall tap the main. Taps above one inch will be accomplished by a licensed plumber, subject to approval by the Borough. The service connection from the main to the curb, curb stop and curb box shall be furnished and placed by the owner of the property served. Material may be furnished by the Borough at prevailing costs. The tapping fee is indicated above and all other costs involved will be paid by the owner.
d. 
The service connection from the main to the meter shall be installed by the owner. It shall consist of Type K copper tubing and shall be laid three and one-half to four feet below the surface. Thereafter, the owner shall be responsible for all required service, maintenance, and repairs on the service lateral from the property line to the structure.
e. 
The minimum inside diameter of a service connection shall be three-fourths of an inch, and such diameter shall not be less than that of the tap controlling it.
f. 
The service connection shall be run as far as practicable at right angles to the main and in a straight line to the meter and there shall be no attachment thereon from which water can be drawn between the meter and the main.
g. 
The curb box shall be in sight on a level with the ground service and free from obstruction at all times.
h. 
The owner shall repair any damage to a water line from the property line to the structure within three days of service of notice by the superintendent and if a repair is not made, the Borough may make the necessary repairs and charge the costs to the owner.
i. 
When there is a leak in a service connection between the property line and the structure, a notice to repair shall be served on the owner. If the repair is not made, the Borough may shut off the water or may make any necessary repairs and charge the cost to the owner.
j. 
All plumbing and other work from the main to the meter is subject to the inspection and approval of the Borough and all such work shall be inspected and approved before the pipes are covered. The tapping fees and other applicable charges will be paid prior to the turn on of the water supply.
k. 
Replacement of existing residential services using the existing tap will be charged an inspection fee as set forth in Subsection 24-1.4. Cost of material, if furnished by the Borough will be charged to the owner. Provisions of Chapter 14 entitled "Streets and Roads," where applicable, will be complied with.
l. 
Replacement of existing commercial services using the existing tap will be charged the current tapping fee. Cost of material if furnished by the Borough will be charged to the owner. Provisions of Chapter 14 entitled "Streets and Roads," where applicable, will be complied with.
m. 
As a condition of a dwelling converted to a multi-dwelling, a one time conversion fee will be charged at a rate as set forth in Subsection 24-1.4; paid upon approval and issuance of a certificate of occupancy.
n. 
All apartment complexes, shopping centers or other private distributing systems now in operation or anticipated in future connections will be master metered. All expense of installation and maintenance will be the responsibility of the owner. All work will be accomplished by a licensed plumber and/or contractor approved by the Borough. All work will be subject to the inspection and approval by the Borough and the Borough Engineer. Meters, pipe, fittings and like items may be furnished by the Borough at the prevailing unit cost.
o. 
All water main line extensions shall be made at the expense of the owner after determination by the Mayor and Council that the water department has adequate distribution capacity and pressure to service the line. The design and plan for such a water main line extension shall be prepared by the owner at his expense and approved by the Borough Engineer. The terms and conditions of such an extension agreed upon by written contract between the owner and the Borough. The Borough may permit the owner to make the installation at its direct cost and expense, under terms and conditions as may be directed by the Borough, reserving to the Borough the right of inspection of construction and approval of all materials and workmanship in connection therewith, all at the expense of the owner.
p. 
Water meters are required for all service connections, with the exception of approved fire service. The cost of the meter and the labor involved will be charged to the owner. Charges for repair and replacement of meters will be charged on time and material, billed to the owner. Meters damaged by the negligence of the owner, agent, or occupant will be replaced and charged to the owner at the prevailing unit cost. All labor charges will be an additional charge. Meters are the property of the Borough.
q. 
Hydrants or standpipes authorized by the Borough and installed outside of the Borough will be used only by authorized fire department personnel. Abuse of these hydrants or standpipes or unauthorized use except in the case of fire will be cause for removal. An annual charge of $150 per hydrant or standpipe will be paid by the property owner or governmental unit involved. Installation and maintenance of these hydrants or standpipes will be made by the Borough.
r. 
Additional Service Fees:
1. 
Meter test as set forth in Subsection 24-1.4.
2. 
Turning service "on" or "off" as set forth in Subsection 24-1.4.
(a) 
Turning service "on" or "off" during regular business hours, Monday through Friday, 7:00 a.m. to 3:00 p.m., at the rate set forth in Subsection 24-1.4.
(b) 
Turning service "on" or "off" after hours, Monday through Friday, 3:01 p.m. to 6:59 a.m., and Saturday and Sunday, at 1.5x the regular rate, as set forth in Subsection 24-1.4; minimum four-hour call out.
(c) 
Turning service "on" or "off" on holidays, at 2.5x the regular rate, as set forth in Subsection 24-1.4; minimum four hour call out.
s. 
All excavations on any street, alley or public place in the Borough will comply with all the provisions of Chapter 14 entitled "Streets and Roads" of the general ordinances of the Borough of Sussex.
t. 
Pressure Relief Valve. Each person or entity whose building or premises is or shall be connected to the Borough's water system at a location below the elevation of the Borough's main PRV and who applies for a plumbing permit or certificate of occupancy shall indicate as part of the application for the permit or certificate whether a functioning pressure relief valve (PRV) is installed behind the water meter serving the property which is the subject of the application. If there is no functioning PRV installed behind the water meter serving the subject property, then, as a condition of the issuance of such plumbing permit (and approval thereof) or certificate of occupancy, the applicant shall either
(a) 
Cause a functioning PRV to be installed behind the water meter serving the subject property in compliance with applicable laws, regulations and ordinances or
(b) 
Deliver to the Borough Clerk a Borough-approved form signed by each owner and — in the case of an application for certificate of occupancy — by each purchaser of the subject property stating that the owner(s) and, if applicable, purchaser(s) (i) waive(s) any and all rights to assert claims against the Borough, its officials, employees and agents for damages and/or losses to the extent those damages and/or losses would have been prevented or mitigated if a functioning PRV were properly installed behind the water meter serving the subject property in compliance with applicable laws, regulations and ordinances and (ii) shall hold harmless the Borough, its officials, employees and agents from any and all claims, damages and/or losses occurring during his, her, their or its ownership of the subject property to the extent those claims, damages and/or losses would have been prevented or mitigated if a functioning PRV were properly installed behind the water meter serving the subject property in compliance with applicable laws, regulations and ordinances.
The Borough shall not be responsible for the costs associated with the requirements set forth in this subparagraph.
[Ord. 12/20/63, B, S2; Ord. 84-7]
a. 
The Borough may discontinue the service of water for any of the following reasons:
1. 
Violation by any owner, agent, or occupant of any of the provisions of this chapter or any ordinances of the Borough relative to the use and sale of water.
2. 
Violation by any owner, agent or occupant of any rule and/or regulation of the Borough adopted heretofore or hereafter relating to the use and sale of water.
3. 
When any water assessment or charge of any nature against a property remains due and unpaid for 30 days.
4. 
For willful or careless waste of water through improper or imperfect pipes, fixtures or any other cause.
5. 
For tampering with any service connections, pipe line, meter, curb stop and/or curb box.
6. 
For the refusal of reasonable access to property for the purpose of inspection or for reading meters.
7. 
For the failure to maintain in good condition any private main or branch connection therefrom, and service pipe or service connection.
8. 
Construction of any type cross connection prohibited.
9. 
No voluntary discontinuance of service shall be effective unless the owner, agent, or occupant gives at least two days written notice to the Borough.
10. 
Meters will be accessible at all times for reading or inspection. The meter will be free of all extraneous material. Personnel hazards will be just cause for discontinuance. Water service will be restored when the condition has been corrected and a remote meter installed at the expense of the owner. Remote meters will be stocked by the Borough and may be purchased by the owner at the prevailing cost.
[Ord. 12/20/63, B, S3; Ord. 84-7; Ord. 2009-05, S1]
a. 
When a house is located on a public street within 100 feet of a public water main in that street, the owner will be required to tap the main. Only one meter for each tap will be permitted.
b. 
When a common tap exists, the owner shall be charged the current charge for the second and for each succeeding meter off the tap. These meters shall remain the property of the Borough.
c. 
In apartment buildings, separate meters on a common service line shall be permitted, but the owner shall pay the current charge for the second and for each succeeding meter.
d. 
Water shall not be allowed to run to waste to prevent freezing in the service pipes or their attachments, or for any other purpose. Water used for cooling purposes will be subject to approval and determination by the Borough.
e. 
The stop at the curb will be opened and closed only by department employees. Any unauthorized person found opening, closing or tampering with a stop at the curb or tampering with any service connections, pipe line, meter, curb box or any fixture of the transmission line or distributing system will be subject to a fine not exceeding $500.
f. 
No owner, agent, or occupant shall supply water to any other person or family or permit to take it except for use on his own premises, and then only for the purposes for which the owner, agent or occupant is permitted; nor shall any owner, agent or occupant after water is introduced into any building or upon any premises, make any changes affecting the water supply without a written permit from the Borough stating the particular changes to be made and the purposes for which the water is to be used.
g. 
Owners of houses, businesses, other structures or property that are connected to the municipal water system that are vacant shall give notice in writing of such vacancy to the Borough so that the water may be turned off.
h. 
Any property owner requesting water to be turned off due to vacancy or for any other reason shall make the request in writing at least 48 hours in advance of the requested shut off time.
i. 
All persons are prohibited from opening or in any way interfering with any fire plug, hydrant, or standpipe for any purpose whatever except under the direction of the superintendent or his agent. The chief of the fire department, his assistant officers and members of the department are authorized to use the hydrants and plugs for the purpose of extinguishing fire or cleaning their engines and hoses, or department materials, or making trials of the hose or department, but all such uses shall be under the direction and supervision of the chief or his assistants, and in no event shall an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant, fire plug, or standpipe or other fixture.
j. 
If standpipes, sprinkler systems or other devices used or to be used solely for the suppression of fires are designed and maintained as independent and separate systems which are capable of use only for suppression of fire, no charge shall be made for the water used in such standpipes or other systems. Any owner desiring to install or maintain any standpipe, sprinkler system or other device for the suppression of fire shall make application to the Borough, which application shall show the existing or proposed independent system. If the system meets all requirements of the Borough, the application may be approved by the Borough. Such approved systems shall at all times be subject to inspection by the superintendent of the department. Tapping fees and all other applicable charges will be paid prior to construction. No person shall make any connection to any approved independent system or permit the making of any tap or connection whereby water may be drawn from such system for use other than purposes of fire suppression and testing of systems. No alteration in or extensions to any approved system shall be made without first notifying the Borough.
Water used in any standpipe or sprinkler system or otherwise, that is not operated as an independent approved system, shall be charged at regular applicable rates notwithstanding the fact that any portion of the water consumed is used or is available for the suppression of fire.
k. 
No person shall attach, alter or extend any water pipe or make any alterations in any tap, stop or other fixture nor do any work calculated to increase the facilities for using water, nor turn on or off the connection to the main or at the curb without the consent of the Borough.
l. 
No person shall prevent or hinder any department employee from making inspections at any reasonable time of all service connections, meters, taps and fixtures.
m. 
No person other than department employees shall break or remove any seal placed upon any meter by the Borough, nor shall any person tamper with, deface or attempt to alter any meter. The owner shall be responsible for all meter repairs occasioned by other than ordinary wear, and the cost of repairs becoming necessary by reason of the negligent or willful conduct of the owner or any other person shall, if remaining unpaid for more than 30 days after billing become a lien on the owner's property and shall be collected as other charges.
n. 
No person shall keep or store any explosives, acids, chemicals or other substance likely to injure or damage the water supply system within 50 feet of any of the mains or appurtenances of the water supply or distribution system.
o. 
No person shall tap or connect any water main or insert a tap therein except duly authorized department employees or a licensed plumber authorized and approved by the Borough.
p. 
No person, except a department employee or other authorized person, shall open or close any valve in the public main or tamper or interfere with any valve or valve box cover.
q. 
An owner may request that his meter be removed and tested in order to determine its accuracy. If tests indicate that the meter is recording in excess of 102 percent of a full flow, the owner shall be entitled to an adjustment in his last quarterly bill on the basis of the percentage in excess of 102 percent and no charge shall be made for the test. If the test indicates the meter is recording less than 102 percent on a full flow, no adjustment in the owner's bill shall be made, and the owner shall be charged the cost for making the test. No adjustment shall be made in any owner's bill because of leaks or for any other reason except as hereinabove set forth.
r. 
When the distance from the main to the curb stop and/or the distance from the curb stop to the house or building to be serviced is less than 50 feet and the pipe is one inch or less in diameter, no joints shall be permitted. No sweat joints shall be permitted between the main and the meter and only flared compression fittings and I.P.S. brass joints shall be allowed.
s. 
No water service pipes or any underground water pipes shall be run or laid in the same trench with a sewer service or drainage piping, unless:
1. 
The bottom of the water service pipe is at least 18 inches above the top of the adjacent sewer line or drainage piping.
2. 
The water service pipe shall be placed on a firm foundation at one side of the common ditch.
3. 
Joints will not be permitted in the water service pipe.
4. 
The sewer main will be of water main type construction.
[Ord. 12/20/63, B, S4; Ord. 84-7; Ord. 2008-13, S1]
Whenever the supply or quality of potable water to the Borough is restricted, impaired, threatened or jeopardized by any naturally or artificially occurring condition, the Mayor, upon the advice of the water superintendent, shall have the authority to declare a water emergency by the issuance of a proclamation, which shall specify the water use regulations imposed. Said declaration shall remain in effect from the date of the proclamation to the next meeting of the governing body at which official action may be taken concerning the water emergency proclamation. Said declaration shall terminate unless the governing body shall by resolution ratify the proclamation of the Mayor. Any proclamation of the Mayor or resolution adopted by the governing body may contain exemptions to the water use restriction imposed by said action where a bona fide health emergency exists or which may cause an undue hardship to any persons or businesses.
[Ord. 2008-13, S1]
The water department shall upon application by the homeowner supervise all pool or pond filling using a temporary meter. The water department shall memorialize the meter reading to be presented to the governing body for approval of an appropriate credit towards the homeowner's sewer bill. The water department shall charge a $50 processing fee for all pool or pond filling applications.
[Ord. 2008-13, S1]
Any person or business who violates the water system regulations set forth in section 13-2 shall be fined or sentenced in accordance with this section. For a first offense, the fine imposed shall be fined up to $1,000 or sentenced to or a period of community service not to exceed 30 days. Any continuing violation shall be treated as a separate offense for each day that they continue.
[Ord. 12/10/65, S1; Ord. 99-06, S1]
As used in this section:
a. 
MULTI-FAMILY BUILDING — Shall mean a building or structure containing more than one residence, dwelling or business unit.
b. 
WATER SYSTEM USER — Shall mean each building or structure which is now or hereafter connected by main or pipe to the Borough water system.
c. 
SEWAGE SYSTEM USER — Shall mean each building or structure which is now or hereafter connected by main or pipe to the Borough sewage system.
d. 
CALENDAR YEAR — Shall mean the period commencing January 1 and expiring December 31.
e. 
QUARTER — Shall mean each three month period commencing January 1, April 1, July 1 and October 1 in each calendar year.
f. 
LOCAL — Shall mean any connection made within the geographical boundaries of the Borough of Sussex.
g. 
NONLOCAL — Shall mean any connection made outside the geographical boundaries of the Borough of Sussex.
[Ord. 12/10/65, S2]
a. 
All premises using the Borough water supply shall be equipped with adequate water furnished by the Borough but paid for by the water system user.
b. 
Charges for water meters and parts therefor or the repair and replacement thereof which have been in the past or which shall be in the future supplied to any water system user shall be added to the regular quarterly water bill and the charge shall be paid by the water system user in accordance with the provisions for the payment of the regular water bill as are herein set forth.
[Ord. 9/21/70, S1; Ord. 4/2/79; Ord. 3/15/82, S1; Ord. 85-22; Ord. 87-9; Ord. 90/1; Ord. 013-94; Ord. 99-06, S2; Ord. 2003-10, S1; Ord. 2007-02, S1; Ord. 2008-19, S2]
The charges for use of water and sewer as provided by the Borough of Sussex shall be as set forth in Subsection 24-1.4.
[Ord. 12/10/65, S4; Ord. 99-06, S3; Ord. 2003-10, S1; Ord. 2009-05, S1; Ord. No. 2016-14]
a. 
Any property with a connection to the municipal sewer system shall pay the minimum user fees set forth in Subsection 24-1.4j regardless of whether the structure or property is using the connection. Except for (i) properties charged transmission fees in accordance with Subsection 24-1.4j as of August 16, 2016 and (ii) properties thereafter granted an exemption by resolution of the Borough's Governing Body, every property connected to the municipal water system must be a direct customer of the Borough under the Borough's sewer allocation arrangements with the Sussex County Municipal Utilities Authority and shall be subject to the minimum "per gallon" and "per EDU" fees established in Subsection 24-1.4j2, regardless whether the property or any structure thereon is using the connection and regardless whether the connection is local or nonlocal.
[Ord. No. 2016-14]
b. 
Where water meters have been installed, sewer rates shall be based upon the quantity of water used as shown by the water meter readings. When meters have not been installed due to the consumer obtaining water from other than the Borough, then the quarterly sewer rates and charges shall be based upon the following:
1. 
The quantity of water from the private system supplying the consumer as shown by quarterly reading of a water meter connected to the private system; or
2. 
The actual number of gallons of sewage discharged into the sewer system of the Borough as shown by reading of a sewer meter.
c. 
The meters for a private water supply or the quantity of sewage being discharged into the Borough sewer system shall be supplied and installed by the Borough at the cost and expense of the consumer and shall remain the property of the Borough and shall be subject to all rules and regulations of the Borough.
d. 
Every property making a nonlocal connection to the Borough's sewer force main after October 22, 2018, must, as a condition thereof, complete arrangements for acquisition from the Borough of sufficient allocation for the property's sewer needs and, while connected, use the allocation so acquired from the Borough for all of the property's sewer needs. The requirements of this subsection shall not apply to a property or connection granted an exemption by resolution of the Borough's governing body.
[Added 10-16-2018 by Ord. No. 2018-08]
[Ord. 9/21/70, S2; Ord. 99-06, S3,4; Ord. 05-2001, SI; Ord. 2003-10, S1]
a. 
Charges for water or sewage service shall be made each quarter of the calendar year. All bills are to be rendered as of the first day of the month following the quarter for which charges are made; and all bills shall be due and payable within ten calendar days following the date upon which the same became payable. If the bill is paid within ten calendar days following the date upon which the same became payable, there shall be no interest charges. However, in the event that the bill is not paid within ten calendar days following the date upon which the same became payable, interest shall accrue from the actual date of the bill to the date that payment is received by the Borough of Sussex at the highest rate of interest permitted by pertinent New Jersey Statutes. As of the date of the adoption of this amendatory and supplementary ordinance,[1] the interest rate so fixed shall not exceed eight percent per year on the first $1,500 of the delinquency and 18 percent per year on any amount in excess of $1,500, to be calculated from the actual date of the bill for water or sewage service until the date that actual payment is made to the Borough of Sussex. Furthermore, all payments shall be applied as follows: payments will be initially charged to interest amounts or penalty amounts, with the remaining balance of the payment to be applied to the oldest standing principal balance.
[1]
Editor's Note: Ordinance No. 05-2001, codified herein was adopted April 16, 2001.
b. 
In the event that payment for charges for water or sewage service are not made to the Borough of Sussex within ten calendar days following the actual date of the bill, delinquent notices will be mailed on behalf of the Borough of Sussex to the owners, occupants and users of the premises, buildings or structures, by the 20th day of the first month, with payment due by the 30th day of the month. Shutoff notices will then be mailed on behalf of the Borough of Sussex to the appropriate parties within the first week of the second month, with payment due by the 30th of the month. The owners, occupants and users of the premises, buildings or structures for which there are charges for water or sewage service that do not make the appropriate payment to the Borough of Sussex by the time period established in any shutoff notice will have their water supply and sewage service shut off and disconnected without any further notice. When either the water supply or sewage service are shut off or disconnected, same shall be not turned on or reconnected until all outstanding charges, together with interest and penalties, are paid to the Borough of Sussex, together with payment being made to the Borough of Sussex in the amount of $25 for the reconnection charge. Once the appropriate payment is made to the Borough of Sussex for any outstanding water or sewage charges, together with interest and penalties, and, furthermore, with the payment of the appropriate reconnection fee in the amount of $25, water will be turned on to the appropriate party on the next business day.
c. 
Water supply and sewage service may be shut off and discontinued if the rates or charges for such services are not paid for in full within 30 days of when due. All rates and charges are due and payable as of the date of issuance of the bill. The Borough shall provide written notice to the property owner of the proposed discontinuance within at least 10 days prior to the date of discontinuance. If notice is provided by mail, the requirement is satisfied by mailing it to the last known address of the property owner of record and postmarked at least 10 days prior to the date of discontinuance.
d. 
Charges for water and sewage shall be liens upon the premises as provided by the pertinent New Jersey statutes.
e. 
The rates and charges established in this amendatory and supplementary ordinance, and any other ordinance adopted by the Borough of Sussex, for water or sewage service, shall be collected from the owners, occupants and users of the premises, buildings or structures.
f. 
In-Bulk Wholesale Water Sales (Exclusive of Current Water Customers). The price per gallon for in-bulk wholesale sales of water from a Borough-designated location to purchasers who are not otherwise customers of the Borough's water system shall be established by resolution of the Mayor and Council from time to time. Full payment for each sale transaction must be delivered to the Borough within 30 days after billing. Upon failure to pay a balance due by the required deadline, interest shall accrue from the actual date of the bill to the date that payment is received by the Borough of Sussex at the highest rate of interest permitted by pertinent New Jersey Statutes, together with collection costs, including reasonable attorney fees and expenses. All payments shall be applied as follows: first for reimbursement of the Borough's collection costs, then for interest and/or penalty charges, and then toward the principal balance. The Borough may decline to allow in-bulk wholesale water sales based on prior payment delinquency by a prospective purchaser or affiliated person or entity. By resolution from time to time, the Mayor and Council may require monies to be deposited in non-interest-bearing escrow accounts with the Borough as a condition for purchasing water on a wholesale basis from the Borough and establish the minimum required escrow balances. Monies held in escrow shall serve as security to ensure payment of balances due to the Borough; and the Borough may draw from escrowed funds to pay overdue account balances and charges.
[Added 6-6-2018 by Ord. No. 2018-06]
[Ord. 12/10/65, S5; Ord. 4/4/77; Ord. 05-2001, SII]
a. 
All charges hereafter imposed by the Borough of Sussex for water and sewage service may be billed as a single line item charge, and all funds, fees, and charges collected may be posted to the ledgers and journals of the Borough as a single line entry.
b. 
This subsection shall not be construed, in any manner, to change the rate for the aforesaid sewer and water charges.
[1]
Editor's Note: Former section 13-4, Service Connections, previously codified herein and containing portions of Ordinance No. 83-13 was repealed in its entirety by Ordinance No. 20-91.
Prior ordinance history includes portions of Ordinance Nos. 20-91, 015-94, 2003-12, 2008-10 and 2009-03.
[Ord. 2011-09]
a. 
Unless the context specifically indicates otherwise, the meanings of terms used in this section shall be as follows:
ACCESSORY STRUCTURE
Shall mean a subordinate structure or building, the purpose of which is customarily incidental to that of the main building and is on the same lot. Accessory structure, or residential accessory structure, shall include, but not be limited to, such structures as detached garages, boathouses or any separate structure with sanitary facilities to be connected to the municipal sewer system.
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 20º C., expressed in parts per million by weight.
BOROUGH
Shall mean the Borough of Sussex, New Jersey.
BOROUGH ATTORNEY
Shall mean the duly appointed attorney of the Borough.
BUILDING DRAIN
Shall mean that part of the lowest horizontal piping of drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning three feet outside the inner face of the building wall.
BUILDING SEWER
Shall mean the extension from the building drain to the building sewer lateral or other place of disposal.
BUILDING SEWER LATERAL
Shall mean that part of the sewer system extending between the public sewer main and the curb line.
CLEANOUT
Shall mean the cleanout shall be located as close as is practical to the property line or the curbline or edge of pavement of any property and a public or private street or any easement and shall be the point of connection of any property serviced by a gravity sewer line to the municipal sewer system.
COMMERCIAL PROPERTIES
Shall mean all properties containing one or more commercial uses or a mixture of one or more commercial uses and one or more residential uses.
FLAMMABLE LIQUID
Shall mean pollutants which create a fire or explosion hazard in the local sewerage system or the SCMUA Regional Sewerage Treatment Works, including but not limited to waste streams with a closed cup flashpoint of less than 140º F. or 60º C. using the test methods specified in 40 CFR 261.21.
GARBAGE SHREDDER
Shall mean a device or machine used to shred non-food, non-soluble solid waste for introduction into the sanitary sewer system.
GREASE INTERCEPTOR
Shall mean a receptacle designed to collect and retain grease and fatty substances normally found in kitchen or similar wastes. It is installed in the drainage system between the kitchen or other point of production of the waste and the building sewer.
GRINDER PUMPS
Shall mean a part of a building sewer that shreds and conditions sewerage and discharges under pressure into either a low head pressure system or into a gravity system at a higher elevation than the discharge point.
INDIVIDUAL WATER SOFTENER
Shall mean any public or private water unit designed to filter, treat, separate or soften private or domestic water supplies.
INDUSTRIAL WASTE
Shall mean the liquid wastes from industrial processes as distinct from sanitary sewage.
INITIATION FOR INTERCEPTOR
Shall mean a receptacle designed and constructed to intercept or separate and prevent the passage of oil, grease, sand or similar materials into the drainage system to which it is directly or indirectly connected.
LICENSED CONTRACTOR
Shall mean a contractor registered as a home improvement contractor pursuant to N.J.S.A. 56:8-136 et seq., as applicable, and holding licenses as required by state and local codes for the work to be performed.
LOCAL SEWERAGE SYSTEM
Shall mean a system of sewer and appurtenances including sewer mains, pumping stations, grinder pumps, building sewer laterals and cleanouts owned and operated by the Borough of Sussex for the collection, transportation and pumping of sewage and industrial wastes to the SCMUA.
MOTEL and ROOMING HOME
Shall mean any property containing multiple rooms for rent by the day, week or month primarily for sleeping accommodations for transient residential use without complete kitchen and living facilities. Motels and rooming homes shall be considered commercial properties under this section.
NATURAL OUTLET
Shall mean any outlet which discharges water directly or indirectly into a watercourse, pond, ditch, lake or other body of surface or ground water.
PERSON
Shall mean any individual, firm, company, association, society, corporation or group.
pH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR
Shall mean a person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.S.A. 26:1A-38 to 26:1A-44 and N.J.S.A. 26:3-20 and in the employment of the Borough of Sussex.
PUBLIC PROPERTIES
Shall mean any building or property belonging to the Borough of Sussex, board of education, County of Sussex, State of New Jersey or any political subdivision or agency of any of the foregoing.
PUBLIC SEWER
Shall mean a sewer in which all owners of abutting properties have certain rights and which is controlled by public authority.
RESIDENTIAL PROPERTIES
Shall mean all single-family homes and apartments, townhouses, condominiums, and co-op properties containing more than one single-family dwelling.
SAND INTERCEPTOR
Shall mean an interceptor designed primarily for sand.
SANITARY SEWAGE (DOMESTIC OR HOME SEWAGE)
Shall mean wastewater, water-carried culinary wastes and liquid waste containing human excrement and other matter, flowing in or from a building drainage system or sewer originating in a building, factory or institution.
SANITARY SEWER
Shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SCMUA
Shall mean the Sussex County Municipal Utility Authority.
SERVICE CHARGE
Shall mean the annual charge imposed by the Borough of Sussex for the use of the municipal sewer system to satisfy all of the financial obligations of the Borough's sewer utility on an annual basis.
SEWAGE
Shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
SEWAGE TREATMENT PLANT
Shall mean any arrangement of devices and structures used for treating sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN
Shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
STRUCTURE
Shall mean a building containing one or more residential units, nonresidential units, or a mixture thereof.
SUPERVISOR OF WATER AND SEWER
Shall mean a representative of the Borough of Sussex duly appointed for the position of supervisor of water and sewer and/or its designated representatives.
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.
WASTEWATER TREATMENT SYSTEM
Shall mean all of the component facilities of SCMUA and the Sussex Sewer System for the collection, conveyance, treatment and discharge of sewage effluent.
WATERCOURSE
Shall mean a man-made or naturally occurring channel in which a flow of water occurs, either continuously or intermittently.
b. 
Word Usage.
1. 
"May" will be considered permissive.
2. 
"Shall" will be considered mandatory.
[Ord. 2011-09]
a. 
The Borough shall be responsible for the maintenance, repair and replacement of the building sewer lateral from the sewer line to the property line, and the property owner shall be responsible for the sewer lateral from the property line to the structure connected to the municipal sewer system.
b. 
The owner of each house connection shall be responsible for and make such provisions as he deems necessary to protect his premises against backflow of sewage from the sanitary sewer. Sufficient check valve and appurtenant equipment shall be installed and maintained by owner as he deems necessary. All such appurtenances and equipment shall be the sole responsibility of the owner and the Borough shall not be responsible for installation, operation, or for damage caused by sewerage backflow.
[Ord. 2011-09]
a. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool water, sump pump discharges, once through cooling water or unpolluted industrial process waters to any sanitary sewer. The Borough encourages those property owners with water softeners to develop and use alternate means of disposal of individual water softener discharges in order to avoid the discharge of water softeners into the municipal sewer system where it is practical to do so.
b. 
Stormwater and all other unpolluted processed water or drainage shall be discharged to such sewers as are specifically designated as storm drains or storm sewers or to a natural outlet. Industrial cooling water once through or unpolluted process waters may be discharged, upon approval of the municipal engineer, to a storm drain or natural outlet.
c. 
No person shall discharge or cause to be discharged to any public sewer:
1. 
Gasoline, benzene, naphtha, fuel oil, lubricating oils and greases, flammable or explosive liquids, gases, paint and lacquers, tars, plastics and other viscous substances.
2. 
Shredded garbage, except for fully soluble food waste produced by a kitchen disposal (of not more than three hp).
3. 
Abrasive, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics or woods.
4. 
Solid or viscous substances which are capable of causing obstructions in sewers or interference with the proper functioning of the treatment processes.
5. 
Any liquid or vapor having a temperature higher than 110º F.
6. 
Any waters or wastes which may contain more than ten parts per million by weight of fat, oil or grease.
7. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle the materials at the sewage treatment plant.
8. 
Wastes containing viable pathogenic bacteria other than those normal to domestic sewage.
9. 
All wastes containing corrosive matters or toxic or poisonous substances in sufficient quantity to injure or interfere with the sewage treatment process or create any hazard to humans, animals, sewers, structures, equipment or personnel of the sewage treatment works or to create any hazard in the receiving waters of the sewage treatment plant.
10. 
Any noxious, toxic, corrosive or malodorous solids, liquids or gases which, either singly or by interaction with other substances, are capable of creating a public nuisance and hazard to life or preventing entry into sewers for their maintenance and repair.
11. 
Any radioactive isotopes, antibiotic wastes, or prescription drugs.
12. 
All waters, wastes or deleterious substances which shall be excluded from discharge to intercepting or trunk sewers of the SCMUA as defined by existing or future regulations of the SCMUA and existing or future agreements between the Borough and the SCMUA.
13. 
Any waters, wastes or deleterious substances which require pretreatment or dilution before introduction to intercepting or trunk sewers of the SCMUA as defined by existing or future agreements between the Borough and the SCMUA.
14. 
Any water or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
15. 
Any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight.
16. 
Any waters or wastes containing more than 350 parts per million, by weight, of suspended solids.
17. 
Any waters or wastes containing levels of total phosphorous as P greater than 6.0 parts per million.
18. 
Any water or wastes that exceed the maximum allowable limit for any substance set by the SCMUA.
d. 
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
1. 
When required by the Borough, the owner of any property served by a building sewer carrying industrial wastes shall install a control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Borough. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
2. 
Where necessary in the opinion of the Borough, the owner shall provide, at his expense, such preliminary treatment as may be required to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight; or reduce objectionable characteristics or constituents to within the acceptable limits provided for in paragraph c above; or control the quantities and rates of discharge of such waters or wastes.
3. 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Borough, SCMUA and the New Jersey Department of Environmental Protection (NJDEP). Under no circumstances can any construction of such facilities commence until said approvals/permits are obtained in writing.
e. 
No statement contained in this section shall be construed as prohibiting any special arrangement between the Borough and any persons whereby an industrial waste of unusual strength or character may be admitted to the sewerage system, whether before or after pretreatment, provided that there is no impairment of the functioning of the sewerage system or any sewerage treatment plant by reason of the administration of such wastes.
1. 
The Borough may, on a routine basis, randomly grab discharge samples from individual generators, and once a particular discharge is found to exceed the maximum limits specified previously, the qualitative surcharge will be imposed. Additionally, a minimum frequency of quarterly grab sampling will be conducted by the Borough for determining any excessive constituents or characteristics, and the additional charges for the same shall be reflected and payable by the owner or occupant in his quarterly sewer billing.
2. 
Any violation of the aforementioned standards set forth above shall permit the Borough to issue a cease and desist notification of that discharge. The Borough may thereafter proceed by all appropriate methods in enforcement of such cease and desist notification.
f. 
All measurements, tests and analysis of the characteristics of waters or wastes to which reference is made herein shall be determined by a New Jersey Department of Environmental Protection (NJDEP) certified laboratory for water and wastewater analysis and in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage. Samples will be collected at the most representative point of collection deemed by the Borough.
g. 
In no event shall the achievement of any acceptable limits as pertains to this section be accomplished by any form of dilution.
h. 
It shall be unlawful to discharge any industrial waste into the municipal sewer system without the prior written consent of both the SCMUA and the Borough. The SCMUA and the Borough shall both have the right to limit the quantity and quality of any industrial discharge into the municipal sewer system and require pretreatment of any such discharge at the sole expense of the property owner. If permitted to be discharged into the municipal sewer system, all industrial wastes shall be pretreated to a domestic equivalent standard and shall comply with all federal and state regulations governing same.
i. 
The Borough hereby establishes the following program to ensure the elimination of sources of groundwater, surface water and shredded garbage discharges into the local sewage system.
1. 
Any person who permits or has permitted on his or her property any connection of a sump pump, roof drain, area drain or garbage shredder to the local sewage system shall cause said restricted discharge to be immediately disconnected from the local sewage system at said person's sole cost and expense.
2. 
After said person has disconnected his or her garbage shredder, said shredder shall remain disconnected and shall not thereafter be reconnected to the local sewage system.
3. 
After said person has disconnected his or her sump pump, roof drain or area drain from the local sewage system, said person shall be permitted to continue to utilize on his or her property said pump or drain system in accordance with the following requirements:
(a) 
The pump shall have a permanent piping installation to direct flow from a building structure and at a location which will minimize infiltration to the building foundation and/or local sewage system.
(b) 
The pump or drain discharge pipe shall not discharge water, either directly or indirectly, to a public right-of-way, easement or public property without permission from the Borough Engineer. Said engineer, when evaluating a request to redirect flow from a pump or a drain, shall require the submittal of the following information:
(1) 
A written proposal noting thereon how the flow is intended to be redirected to discharge to a storm sewer or the gutter line of a street so that icing or street erosion conditions will not occur.
(2) 
A sketch submitted showing the connection of the pump or drain line to a storm sewer; submission of any street opening permit required, if work is to be done in the Borough right-of way.
(c) 
The new pump or drain connection shall not discharge water onto any adjacent property without an approved drainage easement.
(d) 
No pump or drain connection shall be made to the local sewage system.
j. 
Prior to the transfer of title of any real property containing a building connected to the local sewage system, the owner shall obtain a certificate of compliance from the zoning officer, or his designee, that the property is in compliance with the provisions of this section. The property owner shall apply for the certificate on a form provided by the Borough. The fee for said inspection shall be $50 which shall be paid by the property owner prior to said inspection. The zoning officer, or his designee, shall inspect the property and shall issue the certificate if said property is found to be in compliance with the provisions of this section.
k. 
The Borough shall have the right at any time upon reasonable cause to inspect any structure connected to the local sewage system for any prohibited discharge into the local sewage system.
[Ord. 2011-09]
a. 
All properties within the Borough connected to the sanitary sewer system shall have a water meter to measure the use of water regardless of whether the property receives water from the municipal water system, a private water company, a well or some other source. The installation of the water meter shall be at the sole cost and expense of the property owners. The type and location of the meter shall be as directed by the Borough.
b. 
Any owner or occupant who fails to install a functioning meter within 30 days of the owner's or occupant's receipt of written notice from the Borough to so install a meter shall also be charged a service charge of $50 per day for each day after 30 days in which the meter is not installed in addition to all other applicable fees.
[Ord. 2011-09]
The Department of public works supervisor and other duly authorized employees, agents and consultants of the Borough bearing proper credentials and identification shall be permitted to enter on all properties for the purpose of inspection, observation, measurements, sampling and testing in accordance with the provisions of this section. Duly authorized employees, agents and consultants of the SCMUA shall have the same authority hereunder as Borough employees.
[Ord. 2011-09]
It shall be unlawful to make any connection to the municipal sewer without first obtaining appropriate permits from the Borough, as provided in the Uniform Construction Code Act, the governing provisions of the New Jersey Administrative Code (NJAC) from the closure and abandonment of individual subsurface sewage (septic) systems and in accordance with this section.
[Ord. 2011-09]
a. 
Each property owner whose property is connected to the municipal sewer system on or after January 1, 2011 shall pay a connection fee, which shall be established annually in accordance with the provisions of N.J.S.A. 40A:26A-11 and this section in the amount as follows:
Residential:
$4,800 plus time and materials
Nonresidential:
$20 per gallon of estimated daily usage (Minimum $4,800)
b. 
The connection fee shall be due and payable at the time the property owner applies for a building permit to connect to the system.
[Ord. 2011-09]
Where the Borough has jurisdiction and has provided for the installation of a sanitary sewer collection and transmission system through any public or private street, roadway, highway or easement (public sewer system), all owners of any developed real property, including, but not limited to, residential, commercial or otherwise, lying on or adjacent to said public or private street, roadway, highway or easement where said main and/or lateral exists, shall, after receiving notice from the Borough as provided for in this section, disconnect from and cease utilization of any existing on-site individual sewage disposal system. The owner shall cause any on-site sewage collection and transmission facilities to be connected to the above-referenced public sewer system. The disconnection of the property from the on-site sewage disposal system shall be done in a manner that is in compliance with the ordinances, rules and regulations of Borough Health and Construction Code Departments, as well as any and all other federal, state, county or local laws and regulations which may be applicable.
a. 
Whenever a sewer main and/or lateral is installed in any public or private street, roadway, highway or easement, all owners of any property, including, but not limited to, residential, commercial or otherwise, lying on or adjacent to said public or private street, roadway, highway or easement shall connect to the sewer main and/or lateral within 90 days after service of notice of availability of sewer service provided by the Borough, in writing, which shall be served upon the owner of the property personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years or by mailing such notice by first class mail to the owner's last known post office address as shown on the tax records of the Borough.
b. 
Should the owner of any property fail or neglect to connect to the public sewer system pursuant to paragraph a above, the owner of the property shall be subject to the penalties provided for in this section unless the property owner receives an extension of time to connect to the municipal sewer system from the Borough.
c. 
The disconnection of an existing individual on-site sewage disposal system shall be done in the following manner and prior to final approval of the connection of the property to the public sewer system:
1. 
All septic tanks and seepage pits shall have the contents removed or properly disposed of in a manner approved by the Borough Health and Construction Code Departments.
2. 
The Borough Health and Construction Code Departments, upon notification by the property owner, will provide for an official inspection of the abandonment and filling of the septic tanks and seepage pits.
3. 
All septic tanks and seepage pits shall be closed and abandoned in accordance with all applicable rules, regulations and codes in effect in the Borough.
4. 
After the official inspection of the pumping and cleaning of the septic system, the filling and the compacting shall commence until all voids have been completely filled and a soil density equal to or greater than that of the surrounding soil has been achieved.
5. 
Any property owner abandoning an individual septic system may apply to the Borough to utilize said system, or any component thereof, for an alternate drainage use. The property owner shall provide such information as the Borough shall require in order to determine whether or not to allow the proposed alternate use. No proposed alternate use shall be allowed unless approved by the construction official and health officer of the Borough, or their designees.
d. 
The provisions of this chapter shall be enforceable by the Borough through its respective designee(s), which shall include, but not be limited to, the health officer and the supervisor of water and sewer.
[Ord. 2011-09]
a. 
The diameter of the building sewer and building sewer lateral shall not be less than three inches. The slope of such pipes shall not be less than 1/4 inch per foot. Where necessary, in the opinion of the municipal engineer or plumbing code official, if the above sizes and slope are not adequate, he shall have the right to require a larger diameter pipe or an increased slope that is adequate.
b. 
Whenever possible, the building sewer shall be brought to the building at an elevation not exceeding that of the existing building drain. If the building sewer is brought to the existing building at a lower elevation than the existing building drain, suitable fittings and cleanouts shall be installed, subject to inspection and approval of the plumbing inspector. No building sewer shall be laid parallel and within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost but in no event less than 24 inches deep. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings and shall be subject to the approval of the plumbing inspector. Cleanouts shall be installed at all changes of directions, or within 40 feet of any change of direction and every 75 feet of straight run.
c. 
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
d. 
Building sewers and building sewer laterals shall be constructed only of materials approved for use under the plumbing code.
e. 
Grease, oil and sand interceptors shall be provided as follows:
1. 
Grease, oil and sand interceptors shall be provided whenever required by the plumbing code.
2. 
Grease, oil and sand interceptors shall be provided as required by the Borough's ordinances or where in the opinion of the municipal engineer they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any sand or other harmful ingredients, except that such interceptors shall not be required for residential units. All interceptors shall be of a type and capacity approved by the Borough and shall be located as to be readily and easily accessible for cleaning and inspection.
3. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which shall be gastight and watertight.
f. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. The property owner shall maintain a log or record of all maintenance and shall provide it to the zoning officers or code officials upon request.
g. 
All building drains outside of the building being connected to the municipal sewer system shall be installed and tested pursuant to the plumbing code. Before any portion of the building drain outside of the house is connected to the building sewer, the owner shall prove to the satisfaction of the Borough that the building drain is clean and conforms in every respect to the requirements of this section. Before any portion of the building sewer is connected to the building sewer lateral, the plumbing inspector shall be satisfied that the building sewer is in good order and conforms in the requirements for construction thereof.
h. 
Where there is no existing building sewer or building sewer lateral available that connects to a public sewer, the property owner shall, prior to the issuance of a certificate of occupancy, apply to the Borough for a building sewer permit for the installation of a building sewer lateral and/or building sewer for connection to the public sewer.
i. 
The building sewer laterals may not be installed or the public street disturbed therefor by any person or concern who is not a licensed contractor. Such contractor shall provide the Borough with satisfactory evidence of his capacity to perform the work.
j. 
The connection of the building sewer lateral in to the public sewer shall be made at the Y-branch, if such branch is available at suitable location. If no Y-branch is available, the owner shall install a saddle on the sewer main, of such type as approved by the Borough.
k. 
Each sewer pipe shall be laid so as to have a continuous bearing on the bedding material, true to line and grade and in such manner as to form a close concentric joint with the adjoining pipe and to prevent sudden offsets of the flow line. As the work progresses, the interior of the pipe shall be cleared of all dirt and superfluous materials of every description. A suitable swab or drag shall be kept in the pipe and pulled forward past each joint immediately after the joining has been completed. Trenches shall be kept free from water, and pipe shall not be laid when the condition of the trench or the weather is unsuitable for such work. At times when work is not in progress, open ends of pipe and fittings shall be securely and satisfactorily closed so that no trench water, earth or other substance will enter the pipe or fittings.
l. 
Excavations for Building Sewers and Building Sewer Laterals.
1. 
Excavation for building sewers and building sewer laterals shall follow lines parallel to and equidistant from the location of the pipe center line. Trenches shall be excavated to the depths and widths required to accommodate the construction of the sewers. Excavation shall not be carried below the approved grade. Any excavation made below grade for any reason shall be backfilled with the granular material specified hereinafter. Excavation in trenches in rock shall extend to a depth of six inches below the outside bottom of the pipe barrel and brought to required elevation with granular bedding material.
2. 
Excavation and trenches in earth shall extend a depth of four inches below the outside bottom of the pipe barrel and shall be brought to required elevation with granular bedding material. Where unsatisfactory foundation material is found in earth trenches, such material shall be removed to the extent directed by the plumbing subcode official.
3. 
In backfilling trenches, loose fine earth, free from clods, stones larger than two inches in greatest dimension and debris, shall be used to a depth of two feet over the top of the pipe. Pursuant to the plumbing code, the backfill material shall be carefully tamped under the pipe haunches, on the side and above the pipe in layers not more than six inches deep before compaction. The remainder of the trench shall contain not more than 20 percent stone by volume, and no one stone shall be more than six inches in its greatest dimension. This material shall be thoroughly tamped in layers not to exceed 10 inches in thickness after compaction. Backfilling and compaction up to two feet over the pipe shall be done by hand. Puddling of trench backfill will not be permitted. Compaction of each layer of backfill shall be to a density at least equal to that of the surrounding earth and to a degree which will prevent settlement of restored or proposed future pavement. The surface shall be mounded over and left in a uniform and neat condition satisfactory to the Borough.
4. 
Excavated materials shall be piled in compact heaps, so placed as to cause the least possible inconvenience to the public. Extreme care shall be taken to prevent any dirt, stones or other undesirable material from entering the public sewer system through the building sewer during these operations.
m. 
Safety Precautions.
1. 
Blasting operations for excavation will be subject to the approval of the Borough and shall conform to the requirements of all laws, ordinances and regulations having jurisdiction over such work.
2. 
Trenches shall be protected by such sheeting, shoring, bracing and the like as may be required to perform the excavations for safety, including the protection of persons, structures, utilities, etc., and to conform to existing laws.
3. 
All excavations for building sewer laterals shall be adequately guarded with barricades and lights so as to protect the public from hazard. Sidewalks and other public property disturbed in the course of installing building sewers shall be backfilled within 48 hours from the beginning of excavation.
n. 
Prior to backfilling any trenches or covering any new sewer pipe, the applicant for the building sewer permit shall notify the Borough when the building sewer is ready for inspection and connection to the building sewer lateral. The connection to the public sewer shall be made under the supervision of the Borough representative.
o. 
Building sewers and building sewer laterals shall be subject to all tests set forth in the Plumbing Subcode of the Uniform Construction Code.
p. 
No person shall discharge or cause to be discharged any waters or wastes through any building sewer during construction of the building sewer without written approval of the Borough.
q. 
Prior to final approval and acceptance of the building sewer, a plan showing the location, depths, elevations or other information as required by the Borough shall be furnished and placed on file at the sewer department's office by the applicant.
r. 
No person shall discharge or cause to be discharged any waters or wastes through any building sewer prior to final approval and acceptance by the Borough without written approval of the Borough.
s. 
Restoration of Pavements. Consistent with the requirements of Chapter 14, all sidewalk and roadway pavements and curbs directly or indirectly affected, disturbed or damaged in connection with the construction of building sewers shall be restored in accordance with Borough standards to a condition at least equal to that which existed prior to the start of the installation work. Pavements and curbs so restored shall be of the same type as that existing and shall match and line up with existing adjacent construction to the satisfaction of the supervisor of water and sewer, Borough Engineer or their representatives.
[Ord. 2011-09]
No person, partnership, corporation or other entity shall make or attempt to make any connection between the municipal sewer and any property without complying with the following:
a. 
Provide the Clerk of the Borough or anyone else designated by the Borough Council with proof of public liability insurance for personal injuries and property damage arising out of the work authorized by permits in amounts not less than $100,000 for property damage arising out of one accident and $300,000 for personal injuries to all persons arising out of any one accident. Proof of such liability insurance shall be made by posting a certificate of an insurance company duly authorized to do business in the State of New Jersey, evidencing such coverage for a period of not less than six months from the date the application for a permit is filed and not less than six months from the time such person has commenced any work in order to make a house connection.
b. 
Post a $15,000 surety bond plus a $1,000 cash bond with the Borough Clerk, treasurer or any person designated by the Borough Council.
c. 
Repairs and Restoration; Time Limits on Bonds.
1. 
Such bonds shall be posted in order to insure that any damage to public property within the Borough arising out of the work performed by anyone making connections shall be repaired and restored within a reasonable time from the date of such damage and not later than a time limit determined to be reasonable by the plumbing subcode official of the Borough or such other official or consultant thereto designated by the Borough Council, by resolution. The surety bond and cash bond shall be released three months after the work performed to make the connection is completed and is approved by the Borough plumbing inspector, provided that all restoration and repair of any damage to public property is completed in the opinion of the plumbing inspector of the Borough or such other official or consultant thereto designated by the Borough Council.
2. 
If all restoration work with respect to all damage to public property is not completed within a reasonable time as determined above, the Borough Council may, by resolution, authorize the use of the cash deposit to restore the damage or proceed against the surety bond to use the proceeds thereof to restore the damage, or both, as the Borough Council shall determine in its discretion and judgment.
[Ord. 2011-09]
a. 
The effective date for the beginning of the annual service charge for any existing building shall begin upon connection of the building to the public sewer. The effective date for the beginning of the annual service charge for any new building shall be the date of the issuance of a temporary or permanent certificate of occupancy. For efficiency of billing purposes, the Borough may round off the effective date of the annual charge to the first day of the month after the effective connection date.
b. 
Sewer charges shall be billed quarterly, as of March 1, June 1, September 1, and December 1 of each year. In the event that any payment is not made within 15 days of its due date, a late penalty of $25 shall also be paid in addition to the quarterly payment. In the event that any payment is not paid within 30 days, there shall be added thereto interest in addition to the late penalty at the maximum rate permitted for nonpayment of real property taxes pursuant to N.J.S.A. 54:4-67. Unpaid charges shall be a lien on the premises and shall be enforceable in the manner provided for real property tax liens pursuant to N.J.S.A. 54:5-1 et seq. Where charges are unpaid and remain unpaid for more than 30 days, the Borough may, after ten days' notice, delivered to the occupant or owner or mailed to the last known address of the property owner, suspend service to the owner or occupant, as the case may be. When service is discontinued, the owner or occupant shall be liable for all expenses associated with the disconnection and reconnection, plus a penalty of $15.
c. 
The Borough shall have the right to discontinue municipal water service to any property connected to the municipal sewer system where said property owner is delinquent in the payment of any sewer user charges. Any such discontinuance of municipal water service shall only be made after the Borough has provided not less than ten days' advance notice by mail to the address on the tax bill and by posting the front door of the property of the Borough's intent to discontinue municipal water service for the failure to pay any sewer user charge.
[Ord. 2011-09]
The annual sewer use and maintenance charge for all sewage hereinafter generated shall be as set forth in 24-1.4j.
[Ord. 2011-09]
In the event that any property containing a structure or structures receiving sanitary sewer service shall be demolished or otherwise removed from the property site, the owner of said property may apply to the Borough to discontinue sewer service to said property. The property owner shall pay a permit fee of $150 for the discontinuance of sanitary sewer service to any such property. The property owner shall also be responsible to cap the sewer service line, which had provided sanitary sewer service to the property, which capping shall be inspected and approved by the Borough. The quarterly service charge for sanitary sewer service to any such property being disconnected from the municipal sewer system shall continue in effect through the end of the quarter in which the Borough issues its final approval of the disconnection of the property from the municipal sewer system. Nothing in this section shall relieve the property owner from obtaining any and all permits required by any other provision of this code.
[Ord. 2011-09]
No sewer connection permit shall be issued to an owner of any property unless a sewer allocation permit has first been issued by the Borough.
[Ord. 2011-09]
An owner of an unimproved property may apply for a sewer allocation permit on forms prescribed by the Borough as follows:
a. 
The name and address of the applicant.
b. 
The address of the property and the tax lot and block designation.
c. 
The dimensions and total area of the property.
d. 
For single-family residential dwellings to be constructed, the total square foot area of the dwelling and the number of bedrooms.
e. 
For multifamily residential dwellings to be constructed, a preliminary sketch plan showing the number of units and the number of proposed bedrooms in the units to be constructed.
f. 
For all nonresidential uses, a preliminary site plan shall be submitted with the application showing the total square footage of the proposed building and the proposed use of the building.
g. 
For all properties other than single-family residential dwellings, a certification by the property owner's engineer as to the number of gallons per day of sewage that will be generated by the property and the method of calculation and schedules used in computing said amount shall be submitted as part of the application.
h. 
Any other information deemed necessary by the Borough or its designated agent.
[Ord. 2011-09]
Each property owner filing for a sewer allocation permit shall pay the following permits fees.
a. 
Single-family residential dwellings: $50.
b. 
Multifamily residential dwellings: $100.
c. 
Nonresidential properties: $100.
d. 
All nonprofit properties: $50.
e. 
All properties owned by Sussex Borough or Sussex Board of Education: exempt.
[Ord. 2011-09]
For all properties, other than single family homes, the applicant shall also submit an escrow fee of $500-$5,000 per project (the amount shall be determined by the municipal engineer) with the application to offset the Borough's costs in evaluating and processing the application. In the event that the entire escrow is not utilized by the Borough in processing the application, any unused escrow shall be returned to the applicant within 90 days of the processing of the application. In the event that additional funds are necessary to complete the review of the application, the applicant will be required to replenish the escrow account in an amount sufficient to cover said costs.
[Ord. 2011-09]
Upon the receipt of said application and required fee, the Borough Engineer shall review said application and determine whether or not there is sufficient gallonage available to authorize a sewer allocation permit to the property owner. In the event that the application is approved, a sewer allocation permit will be issued by the Borough for the number of gallons, or part thereof, set forth in the application. The Borough shall issue written notice to the property owner of the approval of the sewer allocation permit. In the event that the application is denied, written notice thereof shall be provided to the property owner by the Borough.
[Ord. 2011-09]
In the event of a denial of a sewer allocation permit, the property owner may request a hearing by filing a written request with the governing body within ten days of the date of notice of denial of the application. The governing body shall then hold a hearing within 45 days from the date of the request. The applicant shall bear all costs and professional fees incurred relative to the hearing and, if required, shall post an escrow fee prior to the hearing. The governing body shall render its decision within 30 days of the hearing.
[Ord. 2011-09]
a. 
Upon approval and prior to the issuance of a sewer allocation permit, the property owner shall pay to the Borough a nonrefundable allocation reservation fee of $5 per gallon. No sewer allocation permit shall be issued unless all application permit fees and escrow fees have been paid in full and all real property taxes for the property are current. The property owner shall pay the allocation permit fee within 90 days of notification by the Borough of the granting of the allocation or the allocation shall lapse.
b. 
Approval of a sewer allocation permit shall not authorize the property owner to connect to the Borough's municipal sewer system. The property owner must secure a connection permit from the Borough and pay all applicable fees and charges.
[Ord. 2011-09]
a. 
All sewer allocation permits granted to single family houses or development projects of five units or less, shall expire one year from the date of issuance by the Borough. The Borough Council may grant extensions of a sewer allocation permit for a period not exceeding one year based upon the original expiration date at the Borough's discretion. As a condition for approval of the extension of a sewer allocation permit, the property owner shall pay the annual user charge for the one-year period based upon the number of gallons reserved for the property owner in the sewer allocation permit. The property owner shall receive no credit or other benefit for the payment of the sewer user charge other than the extension of the sewer allocation permit. The property owner shall connect the property to the municipal sewer system prior to the expiration of the sewer allocation permit or any extension thereof. Failure to do so shall result in the expiration of the sewer allocation permit. Upon expiration of a sewer allocation permit, the sewage allocation shall revert to the Borough.
b. 
All sewer allocation permits granted to multi-unit projects of more than five units shall expire one year from the date of issuance by the Borough. The Borough Council may grant extensions of a sewer allocation permit for a period in one year increments not exceeding five years based upon the original expiration date at the Borough's discretion. As a condition for approval of the extension of a sewer allocation permit, the property owner shall pay 20 percent of the annual user charge for the first year of any extension, 40 percent for the second year, 60 percent for the third year, 80 percent for the fourth year and 100 percent of the annual user charge for the gallonage reserved in the fifth year. Thereafter, the property owner may automatically extend the allocation permit by paying 100 percent of the annual user charge for the total gallons reserved. In the event that the allocation is partially used, the annual user charge shall be based upon actual gallons used or allocated gallons based upon the schedule set forth above, whichever is higher. The property owner shall receive no credit or other benefit for the payment of the sewer user charge other than the extension of the sewer allocation permit. The property owner shall connect the property to the municipal sewer system prior to the expiration of the sewer allocation permit or any extension thereof. Failure to connect as required or failure to pay the charges set forth within 90 days of the due date shall result in the expiration of the sewer allocation permit. Upon expiration of a sewer allocation permit, the sewage allocation shall revert to the Borough.
[Ord. 2011-09]
The Borough shall have the right to repurchase sewage allocation permits from property owners under the following conditions:
a. 
The Borough reserves the right to repurchase any unused sewer allocation reservation permits in the event there are emergency requests for sewage by other property owners within the Borough and insufficient capacity to handle the emergency requests.
b. 
The Borough may also elect at its sole option to repurchase any unused sewage permits. This repurchase shall be accomplished by giving written notice to the permit holder stating the Borough's intention to repurchase three months from the date of notice. The permit holder may request a hearing before the Borough Council in which he may provide testimony concerning the status of his project and his reasons why the permit should not be repurchased. The criteria for repurchasing sewage allocation permits by the Borough shall include the following (the order below does not constitute a priority for repurchasing):
1. 
Inaction or unnecessary delay by the permit holder with regard to obtaining the necessary land use and other permits to proceed with the project.
2. 
The number of applications and amount of gallonage requests pending.
3. 
Whether the property owner has made all of its payments for the allocation in a timely manner.
4. 
Whether a project generally benefiting the Borough requires a sewage allocation.
5. 
Whether the applicant has obtained NJDEP approval that restricts the Borough's ability to repurchase allocation.
c. 
The repurchase of any unused sewer allocation permits by the Borough shall be at cost and without interest.
[Ord. 2011-09]
The governing body shall have the authority to relax or waive in whole, or in part, any provision of this chapter to address any emergency situation regarding the municipal sewer system or when the governing body deems it to be in the best interest of the Borough to so relax or waive any such provision of this chapter.
[Ord. 2011-09]
Any person violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,250 or a period of community service not exceeding 90 days, or any combination thereof. Each violation of any of the provisions of this chapter and each day that such offense shall continue shall be deemed to be separate and distinct offenses.
[Ord. 2011-11]
a. 
This section shall apply to all nondomestic users of the Sussex Borough Municipal Sanitary Sewer System, which is defined in Subsection 12-7.2p.
[Ord. 2011-11]
b. 
Grease interceptors shall not be required for residential users.
c. 
The requirements of this section shall apply to both new and existing facilities, as detailed in 12-7.3 "Installations," generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.
d. 
No user may intentionally or unintentionally allow the direct or indirect discharge of any fats, oils, or greases of animal or vegetable origin into the Municipal Sanitary Sewer System in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment.
[Ord. 2011-11]
ACT
Shall mean Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
BOD
Shall mean the value of the five-day test for Biochemical Oxygen Demand, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."
COD
Shall mean the value of the test for Chemical Oxygen Demand, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."
EPA
Shall mean the United States Environmental Protection Agency.
FATS, OILS, AND GREASES (FOG)
Shall mean organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
FOG DISPOSAL SYSTEM
Shall mean a grease interceptor that reduces nonpetroleum fats, oils, and grease (FOG) in effluent by separation, and mass and volume reduction.
GENERATOR
Shall mean any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste.
GREASE INTERCEPTOR
Shall mean an appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease (FOG) from wastewater. There are two types of grease interceptors, gravity grease interceptors and hydromechanical grease interceptors.
GREASE INTERCEPTOR, GRAVITY (GRAVITY GREASE INTERCEPTOR)
Shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils, and greases (FOG) from a wastewater discharge and is identified by volume, 30-minute retention time, baffle(s), a minimum of two compartments, a minimum total volume of 300 gallons, and gravity separation. These interceptors are designed by a registered professional engineer. Gravity grease interceptors are generally installed outside.
GREASE INTERCEPTOR, HYDROMECHANICAL (HYDROMECHANICAL GREASE INTERCEPTOR)
Shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and grease (FOG) from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or separately, and an external flow control, with air intake (vent).
GREASE REMOVAL DEVICE (GRD)
Shall mean any hydromechanical grease interceptor that automatically mechanically removes nonpetroleum fats, oils and grease (FOG) from the interceptor, the control of which are either automatic or manually initiated.
GREASE WASTE
Shall mean material collected in and from a grease interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de-watering processes.
INDIRECT DISCHARGE or DISCHARGE
Shall mean the introduction of pollutants into a municipal sanitary sewer system from any nondomestic source,
INTERFERENCE
Shall mean a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the municipal sanitary sewer system, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the Borough's TPDES permit.
MUNICIPAL SANITARY SEWER SYSTEM
Shall mean a treatment works which is owned by the municipality as defined by section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to a publicly owned treatment works treatment plant. The publicly owned treatment works term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For purposes of this section, the municipal sanitary sewer system shall refer to the sanitary sewer collection system owned and operated by Sussex Borough, which collects and conveys flow to the Sussex County Municipal Authority for additional conveyance and treatment. The use of the term municipal sanitary sewer system in this section shall also sometimes refer to the employees and operators of this system, inclusive of Borough employees of the treatment works, as well as the construction and plumbing subcode officials (including code officials of neighboring municipalities in which the Borough has a shared services agreement), as well as the Borough Engineer and appointed consultant engineers and system operators.
pH
Shall mean the measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration.
TRANSPORTER
Shall mean a person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with current regulations.
TSS
Shall mean the value of the test for total suspended solids, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."
USER
Shall mean any person, including those located outside the jurisdictional limits of the Borough, who contributes, causes or permits the contribution or discharge of wastewater into the municipal sanitary sewer system, including persons who contribute such wastewater from mobile sources.
[Ord. 2011-11]
a. 
Installations.
1. 
New Facilities. Food processing or food service facilities which are newly proposed or constructed, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes or other applicable ordinances. Grease interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.
2. 
Existing Facilities With Existing Grease Interceptors. Existing grease interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with these model standards, unless specified in writing and approved by the Municipal sanitary sewer system. Existing facilities with grease interceptors, which will be expanded, or renovated to include a food service facility where such facility did not previously exist, are required to comply with this ordinance. Upon emergency or routine replacement of existing aging grease interceptors, the owner must replace the existing grease interceptor with an approved model.
3. 
Existing Facilities Without Grease Interceptors. Existing facilities which will be expanded, or renovated to include a food service facility where such facility did not previously exist, are required to comply with this section.
4. 
All grease traps shall be designed in accordance with the current National Plumbing Code Standards and subject to the final approval of the Borough construction code official and Borough Engineer and, upon application for a plumbing permit, shall be reviewed for sufficient capacity and design, and inspected by the plumbing subcode official. Grease interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.
5. 
All grease interceptor waste shall be properly disposed of at a facility in accordance with federal, state, or local regulation, including regulations of the Sussex County Health Department of Environmental and Public Health.
6. 
New grease interceptors shall be installed in separate sewer laterals which service the part of the plumbing system from which grease will be discharged. Wastewater which does not contain FOG's shall bypass the grease interceptor in a separate lateral.
b. 
Cleaning and Maintenance.
1. 
Grease interceptors shall be maintained in an efficient operating condition at all times.
2. 
Each grease interceptor when cleaned shall be fully evacuated.
c. 
Self-Cleaning; Hydro-Mechanical Grease Interceptors Only.
1. 
Grease interceptor self-cleaning operators must receive approval from the municipal sanitary sewer system to remove grease from their own grease hydro-mechanical grease interceptors.
The following conditions shall apply:
(a) 
The grease interceptor is no more than 100 GPM size.
(b) 
Proper on-site material disposal methods are implemented (e.g. absorb liquid into solid form and dispose into trash);
(c) 
The local solid waste authority allows such practices;
(d) 
Grease waste is placed in a leak-proof, sealable container(s) located on the premises and in an area for the transporter to pump-out; and
(e) 
Detailed records on these activities are maintained.
2. 
Grease interceptor self-cleaning operators must submit a completed self-cleaning request to the municipal sanitary sewer system for approval. The written request shall include the following information:
(a) 
Business name and street address;
(b) 
Grease interceptor operator name, title, and phone number;
(c) 
Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grease interceptor; and
(d) 
Signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections.
3. 
Self-cleaners must adhere to all the requirements; procedures and detailed record keeping outlined in their approved application, to ensure compliance with this section. A maintenance log shall be kept by self-cleaning operators that indicates, at a minimum, the following information:
(a) 
Date the grease trap/interceptor was serviced;
(b) 
Name of the person or company servicing the grease trap/interceptor;
(c) 
Waste disposal method used;
(d) 
Gallons of grease removed and disposed of;
(e) 
Waste oil added to grease interceptor waste; and
(f) 
Signature of the operator after each cleaning that certifies that all grease was removed, disposed of properly, grease trap/interceptor was thoroughly cleaned, and that all parts were replaced and in operable condition.
4. 
Violations incurred by grease interceptors self-cleaners will be subject to enforcement action including fines and/or removal from the self-cleaner program.
d. 
Cleaning Schedules.
1. 
Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge.
2. 
Grease interceptors shall be completely evacuated a minimum of every 30 days, or more frequently when:
(a) 
25 percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or
(b) 
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the Municipal Sanitary Sewer System; or
(c) 
If there is a history of non-compliance.
3. 
Any person who owns or operates a grease interceptor may submit to the municipal sanitary sewer system a request in writing for an exception to the 30-day cleaning frequency of their grease interceptor, The municipal sanitary sewer system may grant an extension for required cleaning frequency on a case-by-case basis when:
(a) 
The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD. TSS, FOG, or other parameters as determined by the municipal sanitary sewer system, or
(b) 
Less than 25 percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials; sediment, oils or greases.
4. 
In any event, a grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 90 days.
e. 
Manifest Requirements.
1. 
Each pump-out of a grease interceptor must be accompanied by a manifest to be used for record keeping purposes.
2. 
Persons who generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include:
(a) 
Name, address, telephone, and commission registration number of transporter;
(b) 
Name, signature, address, and phone number of the person who generated the waste and the date collected;
(c) 
Type and amount(s) of waste collected or transported;
(d) 
Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;
(e) 
Date and place where the waste was deposited;
(f) 
Identification (permit or site registration number, location; and operator) of the facility where the waste was deposited;
(g) 
Name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received;
(h) 
The volume of the grease waste received; and
(i) 
A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.
3. 
Manifests shall be divided into five parts and records shall be maintained as follows.
(a) 
One part of the manifest shall have the generator and transporter information completed and be given to the generator at the time of waste pickup.
(b) 
The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest.
(c) 
One part of the manifest shall go to the receiving facility.
(d) 
One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste.
(e) 
One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 15 days after the waste is received at the disposal or processing facility.
(f) 
One part of the manifest shall go to the local authority.
(g) 
Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the municipal sanitary sewer system.
(h) 
Alternative treatment.
f. 
Bioremediation. Bioremediation media shall only be used with approved FOG Disposal Systems ASME A112.14.4, and shall only be used with the approval of the municipal sanitary sewer system and Borough plumbing subcode official.
g. 
Compliance and Penalties. All testing designed to satisfy the criteria set forth in this section shall be scientifically sound and statistically valid: All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency which are defined in Title 40, Code of Federal Regulations, Part 136. Testing shall be open to inspection by the municipal sanitary sewer system, and shall meet the municipal sanitary sewer system's approval.
h. 
Prohibited Practices. No person shall introduce, or cause, permit, or suffer the introduction of any surfactant, solvent or emulsifier into a grease interceptor. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the grease interceptor into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, terpene, and other solvents.
Grease trap additives shall only be used with the approval of the municipal sanitary sewer system and Borough plumbing subcode official.
i. 
Compliance Monitoring.
1. 
Right of Entry. The municipal sanitary sewer system shall have the right to enter the premises of any user or potential user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the municipal sanitary sewer system ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Grease traps shall be periodically inspected by the municipal sanitary sewer system.
(a) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the municipal sanitary sewer system will be permitted to enter without delay for the purposes of performing specific responsibilities.
(b) 
The municipal sanitary sewer system shall have the right to setup on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(c) 
The municipal sanitary sewer system may require the user to install monitoring equipment as necessary such as FOG sensing and alarm devices complying with PDT G102. The facility's monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense.
(d) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the municipal sanitary sewer system and shall not be replaced. The costs of clearing such access shall be borne by the user.
(e) 
Unreasonable delays in allowing the municipal sanitary sewer system access to the user's premises shall be a violation of this section.
2. 
Search Warrants. If the municipal sanitary sewer system has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this section, then the municipal sanitary sewer system may seek issuance of a search warrant.
[Ord. 2011-11]
a. 
If the code enforcement officer determines that a generator is responsible for a blockage of a collection system line the generator shall owe a civil penalty of $1,000 for the first violation. $1,500 for a second violation, and $2,000 for the third violation within a two-year period. Continuous violations shall result in an increase in penalty by $500 and may also result in termination of services.
b. 
Any person violating any of the provisions of this section shall be subject to a written warning for the first violation, a $1,000 civil penalty for the second violation, a $1,500 civil penalty for the third violation, and a $2,000 civil penalty for the fourth violation within a two- year period. Consistent violations will result in a $500 increase in civil penalty and may result in termination of service. Violations shall also incur inspection fees as detailed in this section.
c. 
An inspection fee in the amount of $150 shall be imposed as follows: 1) For each inspection carried out pursuant to a complaint when such inspection results in a determination that said establishment is in violation of the State Sanitary Code or of any municipal ordinance or state and federal regulation relating thereto, 2) For each reinspection carried out after either a failure of the regular inspection or failure of an inspection carried out pursuant to a complaint.
[Ord. 2011-11]
When the municipal sanitary sewer system finds that a user has violated or continues to violate any provision of this section, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the municipal sanitary sewer system may petition the District Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this section on activities of the user. The municipal sanitary sewer system may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a user.