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Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Borough, or in any area under the jurisdiction of the Borough, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Borough, or in any area under the jurisdiction of the Borough, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
Except as hereinabove provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool or pond water, cooling water or unpolluted industrial process waters into the Borough sewerage system.
A. 
Any person who permits the discharge or causes to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, swimming pool or pond water whether by use of a sump pump, french drain or otherwise into the sanitary sewer system shall be subject to a fine of not more than $1,000, plus $250 per day for each additional day the violation continues. Penalties are in accordance with N.J.S.A. 40:49-5.
B. 
The Superintendent shall provide a property owner with a notice of violation, hand delivered, or sent by certified mail, return receipt requested, setting forth the nature of the violation, the penalty to be imposed and any remedial action required to abate the violation. The violation shall be remediated and the penalty paid within 10 days of receipt of the notice of violation by the property owner unless a greater period is set forth in the notice of violation. Failure to take the remedial action directed by the Borough within 10 days of the notice of violation shall result in the assessment of additional penalties.
Industrial cooling waters or unpolluted process waters may be discharged, on approval of the Superintendent into the sewerage system.
A. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into the sewerage system:
(1) 
Any liquid or vapor having a temperature higher than 150° F.
(2) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in the sewage collection system or other interference with the proper operation of the sewerage system, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(3) 
Containing mineral acidity, pH not less than 5.5.
(4) 
Containing caustic alkalinity, pH not greater than 9.5.
(5) 
Containing any explosive or flammable substance, gasoline, naphtha, petroleum products, gases or vapors, either free or occluded in concentration toxic or dangerous to humans, animals or aquatic life or to the sewerage system.
(6) 
Oils, fats or grease except as may result from household, hotel or restaurant operation, and in no event that which will solidify or become viscous at temperatures between 32° F. and 150° F. or exceeding 25 parts per million.
(7) 
Containing insoluble substances which shall not exceed a daily average of 500 parts per million.
(8) 
Containing total solids (soluble and insoluble) exceeding a daily average of 5,000 parts per million.
(9) 
Containing chlorine demand exceeding an average greater than 20 parts per million.
(10) 
Containing five-day BOD exceeding an average greater than 500 parts per million and the BOD by the dichromate method exceeding an average greater than 700 parts per million.
(11) 
Containing sulfides exceeding two parts per million.
(12) 
Containing any toxic or irritating substances which will create conditions hazardous to public health and safety.
(13) 
Containing poisons in sufficient quantities to endanger man or interfere with biological processes.
(14) 
Containing phenols or orthocreosols in excess of 0.01 part per million.
(15) 
Containing any substance which the Borough now or hereafter finds to be harmful.
(16) 
Containing any noxious or malodorous gas or substance capable of creating a public nuisance.
(17) 
Containing milk, brewery or distillery waste in any form.
(18) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Superintendent.
(19) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
(20) 
Containing unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(21) 
Containing waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the Water Reclamation Facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(22) 
Any of the following waste or substance which shall cause or result in a chemical reaction, either directly or indirectly, with the materials of construction to impair the strength or durability of any sewer structure.
(a) 
Mechanical action that will destroy or damage the sewer structure.
(b) 
Restricting hydraulic capacity of the sewer structure.
(c) 
Restricting normal inspection and maintenance of the sewer structure.
(d) 
Placing unusual demands of quantity or quality on the sewage treatment equipment or process, plant or sewers.
(e) 
Limiting the effectiveness of the sewer treatment process.
(f) 
Danger to public health and safety.
(g) 
Obnoxious conditions inimical to the public interest.
(h) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(i) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
A. 
Any person who permits the discharge of any of the prohibited discharges identified under § 168-34 into the sanitary sewer system shall be subject to a fine of not more than one thousand dollars ($2,000), plus $500 per day for each additional day the violation continues. Penalties are in accordance with N.J.S.A. 40:49-5.
B. 
In addition to the above fines and penalties or any other sanctions or remedies otherwise available by law or regulation, failure to comply with the ordinance shall subject the property owner and/or discharger to any and all costs incurred by the Borough, including any penalties or fines imposed upon the Borough by a local, state or federal entity, which are associated with such violation. In addition to the provisions herein, violations of the terms and conditions upon which pollutants may be introduced to the Borough's treatment works is governed by the provisions of N.J.S.A. 58:10A-6(i), as amended, and the Borough shall be entitled to pursue all remedies set forth therein.
C. 
The Superintendent shall provide a property owner with a notice of violation, hand delivered, or sent by certified mail, return receipt requested, setting forth the nature of the violation, the penalty to be imposed and any remedial action required to abate the violation. The violation shall be remediated and the penalty paid within 10 days of receipt of the notice of violation by the property owner unless a greater period is set forth in the notice of violation. Failure to take the remedial action directed by the Borough within 10 days of the notice of violation shall result in the assessment of additional penalties.
A. 
Oil and sand interceptors. Oil and sand interceptors shall be installed in commercial and industrial facilities when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing oil in excessive amounts, any flammable wastes, sand or other harmful substances. All oil and sand interceptors shall conform to the applicable standards for soil and sand interceptors set forth in the National Plumbing Code and shall be located as to be readily and easily accessible for cleaning and inspection.
B. 
Grease interceptors. Restaurants, cafeterias, institutional kitchens and other installations discharging large quantities of grease shall use a grease interceptor. A garbage grinder shall not be used when a grease interceptor is required. The grease interceptor shall be installed in a separate line serving that part of the plumbing system into which the grease will be discharged. The grease interceptor shall be located close to the source of the wastewater, where the wastewater is still hot, to facilitate separation. Grease interceptors shall be located, designed and constructed in a manner that will permit easy access and cleaning.
(1) 
Standards applicable to existing facilities.
(a) 
Existing facilities shall have installed grease interceptors which conform to the applicable standards for grease interceptors set forth in the National Plumbing Code. In addition, in order to identify those grease interceptors which are malfunctioning or of a capacity or design inadequate to properly intercept the grease discharged, the Superintendent of the Water Reclamation Facility shall require monitoring points to be installed on the premises of all existing facilities. The Superintendent shall notify in writing all property owners who shall be required to install said monitoring points. Said monitoring points shall be installed within 120 days of receipt of the Superintendent's written notification.
(b) 
The monitoring points shall consist of cleanouts extended to be flush with the existing grade at a point on the premises as near to the main or trunk sewer as possible. Where multiple tenants have separate building sewers or laterals connecting to the main or trunk sewer, monitoring points shall be installed for each individual facility to which this chapter applies. Monitoring points with a depth of four feet or less shall have a minimum diameter of four inches. Monitoring points with a depth of more than four feet shall have a minimum diameter of six inches. The cover of the cleanouts shall be brass where the top of the cleanout is in pavement, sidewalk or other area subject to vehicle or pedestrian traffic.
(c) 
The Superintendent or authorized designee shall take random samples from the monitoring points at various times through the year. Access to the monitoring points shall be kept reasonably open to the Superintendent for samples to be taken. If the Superintendent or authorized designee determines from the samples taken that any grease interceptor is malfunctioning or of inadequate design or capacity, he shall notify the property owner of the malfunction or deficiency and the measures that must be taken by the property owner to correct the malfunction or deficiency, which measures may include the installation of a grease interceptor meeting the standards set forth in Subsection B(2) below.
(d) 
"Existing facility," as that term is used herein, shall mean a restaurant, cafeteria, institutional kitchen or other installation discharging large quantities of grease that is operating effective November 5, 2012.
(2) 
Standards applicable to new or altered facilities. The following standards shall apply to new or altered facilities as follows:
(a) 
Restaurants. The following equation shall be used to determine the minimum size required for grease interceptors serving restaurants:
Q = (D) x (HR/2) x (12.5) x (0.5)
Where:
Q
=
Size of grease interceptor in gallons;
D
=
Number of seats in dining area; and
HR
=
Number of hours open per day.
(b) 
Cafeterias and institutional kitchens. The following equation shall be used to determine the minimum size required for grease interceptors serving cafeterias and institutional kitchens:
Q = (M) x (11.25) x (LF)
Where:
Q
=
Size of grease interceptor in gallons;
M
=
Total number of meals served per day; and
LF
=
Loading factor depending on type of facilities present:
1.0 with dishwashing;
0.5 without dishwashing.
(c) 
In no case shall a grease interceptor serving a new or altered facility be smaller than 750 gallons in capacity. The minimum requirement for construction, materials and foundations of grease interceptors shall be the same as those required for septic tanks, as prescribed in N.J.A.C. 7:9A-8.2. The inlet and outlet of the grease interceptor shall be provided with T baffles extending to a depth of 12 inches above the tank floor and well above the liquid level. To facilitate maintenance, manholes extending to finished grade shall be provided. Covers shall be of gas-tight construction and shall be designed to withstand expected loads and prevent access by children.
(d) 
"New facility," as that term is used herein, shall mean any proposed new restaurants, cafeteria, institutional kitchen or other installation discharging large quantities of grease.
(e) 
"Altered facility," as that term is used herein, shall mean a restaurant, cafeteria, institutional kitchen or other installation discharging large quantities of grease which is remodeled, renovated, reconstructed or modified, which remodeling, renovation, reconstruction or modification requires any change in the physical configuration of an existing grease interceptor or any of its component parts, including replacement, modification, addition or removal of system components such that there will be a change in the location, design, construction, installation, size, capacity, type or number of one or more components.
A. 
Any person who fails to comply with any provision of § 168-36, upon conviction therefor, shall be liable to a penalty of not to exceed $1,000 for the first offense, $1,500 for the second offense and $2,000 for the third offense and each thereafter. Penalties are in accordance with N.J.S.A. 40:49-5.
B. 
In addition to the penalties, violators are responsible for all cost and damages incurred by the Borough related to removing the blockage.
C. 
The Superintendent shall provide a property owner with a notice of violation, hand delivered, or sent by certified mail, return receipt requested, setting forth the nature of the violation, the penalty to be imposed and any remedial action required to abate the violation. The violation shall be remediated, and the penalty paid within 10 days of receipt of the notice of violation by the property owner unless a greater period is set forth in the notice of violation. Failure to take the remedial action directed by the Borough within 10 days of the notice of violation shall result in the assessment of additional penalties.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. All interceptors shall be cleaned at intervals at least every 90 days. Notice must be provided to the Superintendent of the Water Reclamation Facility at least 48 hours in advance of any proposed regular cleaning and immediately in the event of an emergency cleaning. Proof of cleaning may be required upon the request of the Superintendent. Frequency of cleaning may be required to be increased to prevent discharge to the sewerage system.
No washings from vehicles of any type shall be admitted to the sewerage system except through a silt basin of suitable size, properly protected by a grating and trapped, from which the deposits shall be removed by hand as often as may be required by the Superintendent. All plans for such silt basins shall be approved by the Borough Engineer.
If any waters or wastes are discharged or are proposed to be discharged to the sewerage system, which waters contain the substances or possess the characteristics enumerated in § 168-38 of this article, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewerage system, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
A. 
Reject the wastes.
B. 
Require pretreatment to an acceptable condition for discharge to the public sewers.
C. 
Require control over the quantities and rates of discharge.
D. 
Require payment to cover all added costs of handling and treating the wastes not covered by existing charges under the provisions of § 168-44 of this article. Where necessary, the owner of the premises served shall provide, at his or her expense, such preliminary treatment as may be necessary as determined by the Borough Engineer and the Superintendent to reduce the quality and quantity of such waste to these limits. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Borough Engineer, the Superintendent and the State of New Jersey Department of Environmental Protection as required, and no construction of such facilities shall be commenced until said approvals are obtained, in writing.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner of the premises served, at his or her expense.
Where necessary, in the opinion of the Borough Engineer and the Superintendent or authorized designee, the owner of any building sewer or lateral carrying industrial waste shall install a suitable control manhole in the building sewer or lateral to facilitate observation, sampling and measurement of the wastes. Such manholes, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Borough Engineer and the Superintendent or authorized designee. The manhole shall be installed by the owner of the premises served, at their own expense, and shall be maintained to be safe and accessible at all times.
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in §§ 168-34, 168-35 and 168-39 shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage and shall be determined at the control manhole provided for in § 168-41 or upon suitable samples taken at said control manhole. If no special manhole has been required, the control manhole shall be the nearest downstream manhole in the public sewer to the point at which the building sewer or lateral is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage system and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
The maintenance of the building sewer or lateral, whether constructed by the Borough or otherwise, and building drain shall be the responsibility of the owner of the property served.
No statement contained in this article should be construed as preventing any special agreement or arrangement between the Borough and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Borough for treatment at an additional charge, provided that the Borough has been advised, in writing, by a qualified consulting sanitary engineer retained by the Borough at the expense of the industrial applicant that the industrial waste of the applicant can be adequately treated by the then-existing water reclamation facility, and at what additional cost to the applicant for the treatment.