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Borough of Victory Gardens, NJ
Morris County
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Table of Contents
Table of Contents
Editor's Note: See also Chapter BH9, Sewer Connections and Sewer Use in the Board of Health Code.
[1982 Code § 9-1]
As used in this chapter:
ANNUAL SERVICE CHARGE
Shall mean the annual charge herein imposed for the use and services of the system upon the owners of the building served thereby.
B.O.D. (BIOCHEMICAL OXYGEN DEMAND)
Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BASIC SERVICE UNIT
Shall mean, for sewer rental purposes, a room, group of rooms, house trailer or a similar structure or facilities operated or designed for occupancy as separate living quarters by a family or other group of persons living together or by a person living alone.
BOARD OF HEALTH
Shall mean the Board of Health of the Borough of Victory Gardens or such authorized representative as it may appoint from time to time having jurisdiction over provisions of this chapter.
BOROUGH
Shall mean the Borough of Victory Gardens, County of Morris, State of New Jersey.
BOROUGH ENGINEER
Shall mean the duly appointed engineer of the Borough.
BUILDING
Shall mean any building or structure heretofore or hereafter constructed and designed and used for dwelling purposes, either temporary or permanent, or other use or occupancy by a person or persons.
COMMERCIAL USER[1]
Shall mean each building or each part thereof designed or used for any one or different professional, business, industrial, governmental, public or private, religious or charitable use or purpose, without regard to the number of house connections from such buildings to the system.
CURB LINE
Shall mean the following:
a. 
The face of any curb installed as an integral part of the street or road.
b. 
The line along which curb will be constructed when said line is defined in specifications, plans or other records which may exist.
DEAD END
Shall mean a branch leading from a soil, waste or vent pipe, building drain or house sewer, which is terminated at a developed length of two feet or more by means of a cap, plug or other closed fitting.
GARBAGE
Shall mean solid waste from the preparation, cooking and disposing of foods and from the handling, storage and sale of produce.
GOVERNING BODY
Shall mean the governing body of the Borough of Victory Gardens or such authorized representative as it may appoint from time to time having jurisdiction over provisions of this chapter.
GRADE
Shall mean the rise or fall of a line of pipe in reference to a horizontal plane, usually expressed in inches per foot of pipe length.
GREASE INTERCEPTOR
Shall mean a receptacle designed to separate and retain grease and fatty substances from wastes normally discharged from kitchens.
HOUSE CONNECTION
Shall mean that part of the pipe or conduit which collects sewage from an individual structure or group of structures lying between the curb line and the main sewer.
HOUSE DRAIN
Shall mean the lowest horizontal piping of a drainage system within a building which receives discharge from soil and waste pipes and conveys it to the house sewer.
HOUSE PLUMBING SYSTEM
Shall mean the plumbing work within the building and to the end of the house sewer five feet outside the inner face of the building wall and shall be under the jurisdiction of the Board of Health.
HOUSE SEWER
Shall mean that part of the pipe or conduit which collects sewage from an individual structure or a group of structures situated on one lot lying between a point five feet outside the inner face of the building wall to the curb line. For the purposes of this chapter, it shall also include all pipe, manholes, ejectors, pumping stations, siphons, force mains and other appurtenances situated on private or public property which are installed for the express purpose of conducting sewage from a structure or group of structures to either the house connection or the main sewer, as applicable, unless otherwise specifically defined by the Board of Health and Governing Body.
HOUSE SUBDRAIN
Shall mean that portion of a horizontal drainage system, within a building, which cannot drain by gravity into a house sewer.
INDIVIDUAL SANITARY SEWAGE DISPOSAL SYSTEM
Shall mean a subsurface sewage disposal system designed and constructed in accordance with the "Standards For the Construction of Sewerage Facilities for Realty Improvements Promulgated By the State Commissioner of Health, May 6, 1963."
INDUSTRIAL WASTE
Shall mean a liquid waste resulting from the processes employed in industrial establishments.
INSPECTOR
Shall mean the duly designated person assigned by the Borough Clerk upon the construction of house connections, sanitary sewers, and such other duties as may be determined pursuant to this chapter.
INTERCEPTOR SEWER
Shall mean any pipe or conduits and appurtenances which are primarily designed to collect sewage from all the main sewers within a drainage area.
MAIN SEWER
Shall mean any pipe or conduit and appurtenances situated in a public or private road, easement, right-of-way or private property by consent of the owner which collects sewage from individual house connections.
MAY
Means permissive.
OIL INTERCEPTOR
Shall mean a receptacle designed and constructed to intercept, separate and prevent passage of oil into a drainage system.
PH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLANNING BOARD
Shall mean the Borough Planning Board.
PLUMBING SUBCODE OFFICIAL
Shall mean the person licensed and authorized to inspect plumbing pursuant to the provisions of N.J.S.A. 26:1A-38 to 44, N.J.S.A. 26:3-20 and the State Uniform Construction Code.
PPM
Shall mean parts per million.
PRIVATE SEWER
Shall mean a sewer privately owned as distinct from the Borough's sewer or other public sewer.
PROFESSIONAL ENGINEER
Shall mean a person licensed to practice professional engineering in this State.
RESIDENTIAL USER
Shall mean a building or each part thereof designed for or used as a residence or abode by a single family without regard to the number of house connections from such building to the system.
ROCKAWAY VALLEY SEWERAGE AUTHORITY SANITARY ENGINEER
Shall mean the duly appointed representative of the Rockaway Valley Sewerage Authority having jurisdiction over the maintenance and operation of the Rockaway Valley Sewerage Authority treatment plant situated in Boonton and the Rockaway Valley Sewerage Authority trunk sewer system, or his duly appointed representatives.
SAND INTERCEPTOR
Shall mean an interceptor designed and constructed to intercept and prevent the passage of sand into a drainage system.
SANITARY SEWER SYSTEM
Shall mean all pipe, conduits, manholes, siphons, pumping and ejecting facilities, force mains, treatment plants and other appurtenances installed on public roads or other public property, rights-of-way or private property by consent of owner, within the boundaries of the Borough for the express purpose of collecting sewage and maintained by the Borough or its authorized agents. It also includes any such system installed by any private individual, firm, corporation or partnership and accepted and maintained by the Borough, or any such system owned or operated by any private individual firm, corporation, partnership, or public agency within the boundaries of the Borough where the provisions of this chapter are applicable by reason of the valid consent of the owner or operator of said system, or any such system installed or maintained beyond the boundaries of the Borough of Victory Gardens where the provisions of this chapter are applicable by reason of the valid consent of the municipality in which such system is situated.
SEWAGE
Shall mean a combination of the water carried wastes from residences, business buildings, institutions, industrial establishments and other buildings or places meeting the requirement of this chapter and approved for discharge into the sanitary sewer system by the Rockaway Valley Sewerage Authority Sanitary Engineer.
SHALL
Means mandatory.
STORM SEWER
Shall mean a sewer designed to convey only surface or storm water.
STREET
Shall mean any and all streets, avenues, highways and roads whether publicly used or dedicated with or without acceptance.
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.
The singular shall include the plural; the masculine shall include the feminine; and the term "it" shall include any person.
TRUNK SEWER
Shall mean any pipes or conduits and appurtenances primarily designed to collect sewage from main sewers or interceptor sewers and transport sewage directly to the point of treatment.
WATER SERVICE PIPE
Shall mean the pipe conveying water from a water main or other source of water supply to the water distributing system of a building.
[1]
Editor's Note: See Section 16-14 for the Agreement with Rockaway Valley Regional Sewerage Authority.
[1982 Code § 9-2]
a. 
The house plumbing system shall be connected with the house sewer in accordance with the provisions of this chapter and the State Uniform Construction Code.
b. 
The Board of Health through its duly appointed agents and representatives shall have complete jurisdiction of the installation of house sewers as defined herein.
c. 
The Governing Body through its duly appointed agents or representatives of the Borough shall have complete jurisdiction over the installation of house connections, main sewers, trunk sewers and interceptor sewers as defined herein.
[1982 Code § 9-3]
a. 
No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water or unpolluted industrial process waters, pond water, swimming pool water or water from air conditioning units, sump pumps, cellar drains or refrigeration units into any public or sanitary sewer system or individual sanitary sewage disposal system.
b. 
Storm water and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Governing Body. Industrial cooling waters or unpolluted process waters may be discharged, on approval of the Governing Body, into a storm sewer or natural outlet.
c. 
It shall be unlawful for any person to discharge sewage from any house or building into or upon any road, highway, public place, stream, watercourse ditch, surface or subsurface ground water drain or storm water drain.
d. 
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 excrement, garbage, or other objectionable waste.
e. 
It shall be unlawful to discharge into 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 provisions of this chapter.
f. 
It shall be unlawful for any person to connect with any public sewer, directly or indirectly, any overflow of drainage from manure pits, cesspools or other receptacles storing or constructed to store organic wastes.
g. 
It shall be unlawful for any person to connect with any public sewer, directly or indirectly, any cesspool, privy vault, garage floor drain, pit drain, or any other thing excepting only the sanitary plumbing system of the house or structure.
h. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer:
1. 
Any liquid or vapor having a temperature higher than 110° F.
2. 
Any waste which may contain fat, oil or grease in quantities deemed by the Governing Body or the Rockaway Valley Sewerage Authority Sanitary Engineer to be deleterious to the sanitary sewer system.
3. 
Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas.
4. 
Any garbage or solid refuse, whether shredded or not. Home garbage disposal units, garbage grinders, etc., which discharge into the sewer system are prohibited.
5. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
6. 
Any wastes having a pH lower than five point five or higher than eight or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works or sewers.
7. 
Any wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard of humans or animals or create any hazard in the receiving waters of the sewage treatment plant.
8. 
Any wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
9. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
10. 
Any wastes containing insoluble substances which exceed a daily average of 500 ppm.
11. 
Any wastes containing total solids (soluble and insoluble) exceeding a daily average of 5,000 ppm.
12. 
Any wastes containing chlorine demand exceeding an average greater than 20 ppm.
13. 
Any wastes containing five day B.O.D. exceeding an average greater than 500 ppm, and the B.O.D. by the dichromate method exceeding an average greater than 700 ppm.
14. 
Any wastes containing sulphides exceeding two ppm.
15. 
Any wastes containing phenols or orthocreosols in excess of 0.01 ppm.
16. 
Any wastes containing milk, brewery or distillery waste in any form.
17. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Borough in compliance with applicable State or Federal regulations.
18. 
Any wastes containing unusual concentrations of inert suspended solids such as, but not limited to, Fullers earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.
19. 
Any other substance deemed to be injurious or detrimental to the sewer system.
20. 
And in addition, any waste or substance which shall cause or result in:
(a) 
Chemical reaction, either directly or indirectly, with the material of construction to impair the strength or durability of any sewer structure.
(b) 
Mechanical action that will destroy or damage the sewer structure.
(c) 
Restricting hydraulic capacity of sewer structure.
(d) 
Restricting normal inspection and maintenance of sewer structure.
(e) 
Placing unusual demands of quantity or quality on the sewage treatment equipment or process, plant, or sewers.
i. 
Grease, oil and sand interceptors shall be provided for all restaurants, lunch wagons and eating places and when otherwise deemed necessary by the Governing Body, and also by the Rockaway Valley Sewerage Authority Sanitary Engineer when such places are in the Rockaway River watershed for the proper handling of liquid waste containing grease in excessive amounts or any flammable waste, sand and other harmful ingredients. All interceptors shall be of a type approved by the Governing Body and when in the Rockaway River watershed, they shall also be approved by the Rockaway Valley Sewerage Authority Sanitary Engineer, and shall be of the type and capacity required to remove the grease, oil or sand and shall be located as to be readily and easily accessible for cleaning and inspection.
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 when bolted in place, shall be gastight and watertight.
j. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner of the premises served at his expense and shall be in continuously efficient operation at all times.
k. 
If any waters or wastes are discharged, or are proposed to be discharged into the public sewers, which waters contain the substances or possess the characteristics enumerated in paragraph h of this section, and which in the judgment of the Governing Body may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Governing Body may:
1. 
Reject the wastes.
2. 
Require preliminary treatment of waters or wastes to an acceptable condition for discharge into the public sewers. The owner of the premises served shall provide at his expense such preliminary treatment as may be necessary as determined by the Borough Engineer to reduce the quality and quantity of such waste to approved limits. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval of the Borough Engineer, the Department of Health of the State of New Jersey, and the Rockaway Valley Sewerage Authority Sanitary Engineer, when the premises are in the Rockaway River watershed and no construction of such facilities shall be commenced until said approvals are obtained in writing.
3. 
Require control over the quantities and rates of discharge.
l. 
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 expense.
m. 
When required by the Governing Body or by the Rockaway Valley Sewerage Authority Sanitary Engineer when the property is located in the Rockaway River watershed, the owner of any property served by a sewer lateral carrying industrial wastes shall install a suitable control manhole in the house 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 Engineer. The manhole shall be installed by the owner of the premises served at his own expense and shall be maintained by him so as to be safe and accessible at all times.
n. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in paragraphs h and k of this section and shall be determined in accordance with the latest edition "Standard Methods for the Examination of Water and Sewage" and shall be determined at the control manhole provided for in paragraph m of this section or upon suitable samples taken at the control manhole. In the event that no special manhole is required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works 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.
o. 
The maintenance of the house connection, whether constructed by the Borough or otherwise, and the house sewer shall be the responsibility of the owner of the premises served.
p. 
No person shall connect to the laterals or main sewer at other than properly placed "Y" or "T" fittings unless given permission in writing by the authorized representatives of the Borough and also by the Rockaway Valley Sewerage Authority.
[1982 Code § 9-4]
a. 
No person shall perform any work in connection with any house connection, main sewer, interceptor sewer or trunk sewer or any other part of the sanitary system as defined herein except the duly authorized agents or representatives of the Governing Body.
b. 
No person shall perform any work in connection with any house sewer without first obtaining a license, permit, posting a bond and providing proof of insurance as hereinafter provided.
c. 
License. Only persons holding a valid current plumbing license issued in conformance with the State Uniform Construction Code shall perform any work in connection with house sewers.
d. 
Permits. Every person shall, at least two working days prior to commencement of work in connection with any house sewer, obtain a written permit from the Board of Health through its duly authorized agents or representatives. Application for this permit shall be made by the bona fide owner of the property or his duly authorized agent on a form provided by the Borough and shall be counter-signed by a person holding a license as provided for in paragraph c of this section. Permits for work in connection with house sewers will be issued only for those sections of the sanitary sewer system of the Borough which have been designated as complete and in operation by the Governing Body. Permits will be valid for a period of six months from the date of issuance. If the work for which the permit is issued has not been satisfactorily completed within the six-month period during which the permit is valid, the applicant shall be required to obtain a new permit. The permit application shall be supplemented by plans, specifications or other information when deemed necessary by the Governing Body or required by State law.
e. 
Bond and Insurance.
1. 
Every applicant for a permit under paragraph d of this section shall deliver to the Board of Health an executed permit bond in the amount to be determined by the Governing Body in favor of the Borough as obligee as security for the proper restoration of all roads, utilities, house connections and other public property upon completion of the work under the permit for which application is being made. The surety of such bond shall be a surety company approved by the Governing Body and shall be effective for a minimum period of one year from the date of issuance of the permit and shall be security for the restoration of all roads, utilities, house connections, and other public property within six months of the date of acceptance of the house sewer, unless sooner released by the Borough.
2. 
Every application for a permit under paragraph d of this section shall deliver to the Board of Health a certificate that all persons who shall perform work under such permit are covered by Workmen's Compensation and Employer's Liability Insurance and that such insurance shall remain in effect until the work is completed. Additionally, the Board of Health shall be provided with a certificate showing that all such persons as shall be performing work under such permit have in effect Public Liability Insurance and Property Damage as shall protect such persons from claims for personal injury, including accidental death, and claims for property damage in the following minimum amounts:
Public Liability Insurance in an amount not less than $100,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount not less than $300,000 on account of any one accident.
Property Damage Insurance in an amount not less than $200,000 for damages on account of any one accident and in an amount not less than $300,000 for damages on account of all accidents.
All house connections shall be installed by the authorized representatives of the Governing Body and pursuant to rules and regulations established by the Governing Body.
[Ord. 9/27/05 §§ 1 — 5]
a. 
Purpose. The purpose of this subsection is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Victory Gardens, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconstant with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer operated by the Borough of Victory Gardens, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317 (a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Victory Gardens, or other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJDES) rules at N.J.A.C. 7-14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate produce (other than heat) or finished produce. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Victory Gardens any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. The provisions of this section shall be enforced by the Municipal Officials of the Borough of Victory Gardens.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,250.
[1989 Code § 9-6]
a. 
Materials. House sewer pipe shall be extra heavy cast iron pipe laid with lengths not in excess of five feet. The joints shall be caulked with oakum and poured with lead. Poured joints shall be made in conformance with the best current standard practice.
b. 
Watertight Construction. In all cases, the connection from the main sewer to the house sewer and to the house plumbing system shall be of watertight and gastight construction. All pipe joints shall be made watertight and shall be protected against damage by roots.
c. 
Poor Subsoil Conditions. Where subsoil conditions are poor, such special precaution must be taken to secure a watertight job as may be directed by the Board of Health. In quicksand or where the trench is wet, all pipe shall be laid on sufficient broken stone to adequately stabilize the trench.
d. 
Size. House sewers for single or double family occupancies shall be not less than four inches in diameter. House sewers for other multifamily occupancies, commercial occupancies and industrial occupancies shall be of a diameter determined by the Board of Health, but shall be in any case not less than four inches in diameter. Each individual, residential or commercial structure shall have an individual connection except that duplex dwellings shall have a connection for each half.
e. 
Grade. The pipes shall be laid on a uniform grade wherever practicable but the grade shall not be less than one quarter inch to one foot unless a lesser grade is authorized in writing, by the Board of Health in which case special provisions shall be made for efficient flushing.
f. 
Depth. House sewers shall be placed at a depth of not less than 48 inches unless physical conditions prohibit such a depth and specific permission is given by the Board of Health to place the house sewer at a lesser depth.
g. 
Location and Depth of House Connection at Curb. The Governing Body, through its authorized representative, will designate the location of the end of the house connection at the curb. Where house connections are installed in new sewer projects at properties occupied by or about to be occupied by structures, and where connection to the sewer system is mandatory, the Governing Body may, at its discretion, designate the location of all such house connections at one time by means of wooded stakes, iron rods or other suitable semi-permanent markers, after giving written notice to each affected property owner that the designation is to be made in this manner. If the Governing Body elects to make the designation in this manner it shall be the responsibility of the property owner to maintain the markers and, if moved or destroyed, responsibility for replacing the markers from data and records furnished by the Governing Body shall lie with the property owner.
h. 
Terraced Installation. On a terraced installation where a 45° angle on the rise is necessary, the foot of such rise shall rest on a concrete pad.
i. 
Trench Excavation and Backfill. Trenches shall be excavated so as to provide a uniform and continuous bearing on solid and undisturbed earth for the entire length of each pipe except at bell holes, which are required. When the trench has been excavated below the required grade, it shall be backfilled with sand or thoroughly compacted soil free of rock or other hard substances to the satisfaction of the Board of Health. Rock, boulders, or any other type of hard material in the location of the trench shall be removed to a depth of six inches and the trench brought up to the required subgrade with sand or thoroughly compacted soil satisfactory to the Board of Health. Laying pipes on props or shims of any kind is prohibited.
Backfill material up to one foot above the pipe shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rock, stones or other material which, in the opinion of the Board of Health is unsatisfactory. Such backfill shall be placed by hand evenly on both sides of the pipe and for one foot above the pipe, and if the material is other than sand, it shall be thoroughly compacted. From one foot above the pipe, backfill may contain rocks up to six inches in diameter and may be placed by machinery.
The backfilling around a house sewer shall be so executed as not to injure the joints of the pipes.
Every open excavation shall be adequately barricaded and lighted.
j. 
Inspection Port or Peep-Hole. All house connections shall include an inspection port or peep-hole installed at a distance of approximately 23 feet from the center line of the road or at a location approved by the Borough Engineer. This inspection port shall be a vertical cast iron pipe four inches in diameter with a screw type brass plug at ground level. The vertical cast iron pipe shall be connected between five foot lengths of cast iron pipe.
k. 
Clean-Outs. Clean-outs shall be constructed at all changes in horizontal direction of the house sewer greater than a 45° angle and when house sewers are more than 50 feet in length, a clean-out shall be installed at each interval of 50 feet. Clean-outs shall be placed at an angle of 45° and shall be supported in an approved manner. All clean-outs shall extend to the surface of the ground and shall be of cast iron construction four inches in diameter with brass ferrule and brass plug having American Standard tapered pipe thread. A clean-out shall be provided within five feet of the house structure unless an approved clean-out exists inside the house.
l. 
Clearing of House Connection. Prior to connecting any house sewer with any house connection, the person making the house sewer installation shall by means of a plumber's snake and by flushing thoroughly with clean water, determine that the house connection pipe is clear and unobstructed between the curb and the main sewer, and shall certify to the same on forms provided by the Board of Health. The person making the connection shall also certify that the connection is clear from the structure to the curb.
m. 
Minimum Distance Between House Connection or House Sewer and Water Service Pipe. Underground water-service pipes and house connections or house sewers shall not be less than five feet apart horizontally and shall be separated by undisturbed or compacted earth except that water-service pipe may be placed in the same trench with a house connection or house sewer provided the following additional conditions are met:
1. 
The water-service pipe shall be at least 12 inches above the top of the adjacent house connection or house sewer.
2. 
The water-service pipe shall be placed on a firm foundation at one side of the common trench and shall be not less than two feet horizontally from the house connection or house sewer, and a minimum of 54 inches below grade or as authorized by the Governing Body.
3. 
The number of joints in the water-service pipe shall be kept to a minimum.
4. 
The materials and joints of a house connection and house sewer shall be installed in such manner and shall possess the necessary strength and durability to prevent the escape of solids, liquids, and gases therefrom under all known adverse conditions such as corrosion, strains due to temperature changes, settlement, vibrations and superimposed loads.
n. 
Separate and Independent Building Sewer. A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and the rear building is an accessory use as established under the zoning ordinance and while both buildings remain under the same ownership in the discretion of the Board of Health.
o. 
Low Building Drainage System. Where the building drainage system is too low to permit gravity flow to the public sewer, sewage shall be lifted by a pump or ejector approved by the Governing Body and discharged into the house sewer.
p. 
Height of Building Clean-Outs Above Basement Floor. Inside building clean-outs shall be located a minimum distance of one foot above the basement floor.
q. 
Dead Ends. The dead end of all pipes not immediately connecting the house plumbing system with the main sewer shall be securely closed by a watertight cover of imperishable material as approved by the Board of Health.
[1982 Code § 9-7]
a. 
The Board of Health and the Rockaway Valley Sewerage Authority shall be given 48 hours' notice by the applicant when any work on any house sewer is to be commenced, and 24 hours' notice when work is ready for inspection. All work shall be left uncovered and convenient for inspection, until after inspection by the Board of Health and when applicable by the Rockaway Valley Sewerage Authority Sanitary Engineer or their representatives. Inspection will be made as soon as practicable after notification. No inspections will be made on Saturdays, Sundays or legal holidays. Any part of the work which may have been covered without previously obtaining the consent of the inspectors shall be uncovered for their examination if so ordered by them.
b. 
Inspections and Tests. Where visual examination is not deemed sufficient to insure that the installation of any house sewer is satisfactory, the Board of Health may apply any appropriate test and the person making the installation shall provide, at his own cost, any materials, tools, labor, equipment or incidentals necessary to satisfactorily complete such tests. Where a house sewer installation is defective or unsatisfactory, where determined to be so by visual examination or test, it shall be repaired or removed and replaced to the satisfaction of the Board of Health. One inspection will be made under each permit. Where reinspections are necessary due to faulty work, covering of work prior to inspection, inadequate materials, tools or labor required for test, improper notification or any act of negligence on the part of the person making the installation, the applicant shall apply in writing to the Board of Health for a reinspection under the same terms and conditions as apply to the original permit, and shall pay the fee fixed herein.
c. 
Statement of Work Done and Certificate of Acceptance. Prior to issuance of a certificate of acceptance for the house sewer, the person making the installation will be required to file with the Board of Health, on forms provided by the Board of Health, a complete and correct statement of the work done by him under the permit.
[1982 Code § 9-8]
The location of each house connection and each house sewer along with other pertinent data shall be recorded on cards furnished by the Borough, and on additional cards which will be furnished by the Rockaway Valley Sewerage Authority.
[1982 Code § 9-1; Ord. 11/25/97 § 1]
a. 
Capacity Fees. A charge for the connection to the Borough sanitary sewerage system is hereby established as follows:
1. 
Single family house: $700 per house.
2. 
Multiple family dwellings: Capacity fee shall be computed based on the number and type of multiple dwelling units as follows:
Number of Bedrooms
Capacity Fees
1 or efficiency
$300 per unit
2
$500 per unit
3 or more
$700 per unit
3. 
Schools, municipal facilities, churches, and charitable institutions shall be determined by the Governing Body at the time of application.
4. 
Commercial and industrial connections: The charge for the connection to the Borough sanitary sewerage system is hereby established as $700 for structures with multiple units or stores; each unit or store shall be computed individually.
5. 
Motels, hotels, nursing homes, lodging homes (and other types of similar lodging): The connection fees shall be the same as commercial and industrial except that only one connection shall be required.
b. 
Sewer Service Inspection Fee. All sewer services shall be inspected by the Governing Body prior to use and a $25 per inspection or reinspection charge shall be made for this service.
c. 
Fees on Future Connections. Connection fees on future connection units shall be paid prior to final approval of a major subdivision or, in the case of a single lot, prior to the issuance of a building permit.
[Ord. 4/24/86 § 9-9.1]
a. 
Annual sewer service charges are hereby fixed for the Borough of Victory Gardens. There shall be two separate fees, one for treatment of sewerage and one for transmission.
b. 
The charges set forth in subsection 16-9.3 hereof, shall be made and levied against all properties in the Borough of Victory Gardens and served by the Borough.
[Ord. 4/24/86 § 9-9.2; Ord. 11/25/97 § 1]
a. 
Treatment Fee.
1. 
Residential Classes.
(a) 
Single-family residential dwellings. An annual treatment fee shall be charged to single-family residential dwellings based upon a mathematical apportionment of all charges incurred by the Borough from the Rockaway Valley Regional Sewerage Authority. In addition thereto, an amount may be added to allow for overhead and unforeseen cost which sum shall not exceed 10% of the costs for each such dwelling as provided in the preceding sentence.
(b) 
Multifamily residential dwellings and motels. The annual treatment fee per basic dwelling unit shall be the same fee as for each single-family residential dwelling as provided in paragraph a., 1.(a) above.
2. 
Commercial and Industrial Users. The annual treatment fee for each commercial and industrial user shall be determined and charged based upon a mathematical apportionment of the annual cost billed to the Borough of Victory Gardens by the Rockaway Valley Regional Sewerage Authority, plus a sum not to exceed 10% of the approximate cost.
3. 
Determination of Charges. The Borough Council shall fix by resolution annually the amount of the treatment fee authorized by this section. The charges shall remain in full force and effect until they have been amended or modified by resolution of the Borough Council.
b. 
Transmission Fee.
1. 
Residential Classes.
(a) 
Single-family residential dwellings. An annual transmission fee shall be charged to the single family residential dwellings based upon a mathematical apportionment of the actual cost of the transmission of said sewerage incurred by the Borough.
(b) 
Multi-family residential dwellings and motels. The annual transmission fee per basic dwelling unit shall be the same fee as for each single family residential dwelling as provided in paragraph b.1.(a) above.
2. 
Commercial and Industrial Users. The annual transmission fee for each commercial and industrial user shall be determined and charged based upon a mathematical apportionment of the annual cost incurred by the Borough of Victory Gardens for the transmission of said sewerage by the Borough.
3. 
Determination of Charges. The Borough Council shall fix by resolution annually the amount of the transmission fee authorized by this section. The charges shall remain in full force and effect until they have been amended or modified by resolution of the Borough Council.
c. 
Sewer Service Rates.
[Amended 3-9-2021 by Ord. No. 3-9-21]
1. 
An annual sewer service rate is hereby affixed and established for each building in the Borough at a basic $210 per annum for each single family residential user in such building and for each basic service unit computed with respect to such building, unless a higher annual service charge shall be applicable to such building as otherwise provided in this schedule. The owner of each building shall pay, or shall be liable for the payment of the annual service charge with respect to such building. Each commercial, professional and industrial user shall pay a basic $790 per annum for each user in a building.
2. 
In addition to the minimum annual rate of $790 per year for commercial, professional and industrial users, there shall be further charge of $7.50 per quarter per 1,000 gallons of water used by such user in excess of 15,000 gallons.
[Ord. 4/24/86 § 9-9.3]
The annual service charge shall be prorated to take effect on the date of the issuance of a certificate of approval for the installation of a house connection to the system, but in no event shall the charge be less than one month. The annual service charge shall be billed quarterly and shall be payable quarterly by the owner on the first day of March, June, September, and December in each year but the failure to bill for such charge shall not relieve the owner of any building of the obligation to pay such charge as herein provided. The annual service charge to the extent that any part thereof is unpaid shall draw the same interest from the date it, or any part thereof, becomes due as taxes upon real property in the Borough and shall become a lien upon the land and buildings thereon connected to the system until paid and the Borough shall have the same remedies for the collection thereof, with interest, cost, and penalties as it has by law, for the collection of taxes on real property.
[1982 Code § 9-10.1]
The Boroughs of Rockaway and Wharton, the Towns of Boonton and Dover, and the Townships of Denville, Boonton, Randolph and Rockaway have heretofore by joint or parallel action created a sewerage authority pursuant to the Sewerage Authorities Law of the State of New Jersey (Laws of 1946, Chapter 138, as amended and supplemented) as a public body corporate and politic and an agency and instrumentality of these municipalities for the purposes of the Sewerage Authorities Law, in each case by adopting an ordinance entitled: "Ordinance creating the Rockaway Valley Regional Sewerage Authority" and by filing a certified copy thereof in the office of the Secretary of State of New Jersey as in Section 4 of said Sewerage Authorities Law provided, and the Rockaway Valley Regional Sewerage Authority has been duly created and validly exists, as a public body politic and corporate of the State of New Jersey, pursuant to said Sewerage Authorities Law; and Section 4 of the Sewerage Authorities Law provides that the Governing Body of any municipality which is not part of any district but is contiguous to the district of a sewerage authority created by the Governing Body of two or more other municipalities may at any time, by ordinance duly adopted, propose that the area within the territorial limits of such municipality be a part of said contiguous district. This Borough Council of the Borough of Victory Gardens has decided and hereby determines that it is necessary and advisable and is in the best interest of the inhabitants of the Borough that the area within the territorial limits of the Borough shall be a part of the district of the Rockaway Valley Regional Sewerage Authority.
[1982 Code § 9-10.2]
This Borough Council as the Governing Body of the Borough of Victory Gardens, in the County of Morris, New Jersey, hereby proposes that the area within the territorial limits of the Borough shall be a part of the district of the Rockaway Valley Regional Sewerage Authority.
[1982 Code § 9-10.3]
One member of the Rockaway Valley Regional Sewerage Authority shall hereafter be appointed for a full term of office by this Borough Council.
[1982 Code § 9-10.4]
This Borough Council does hereby determine that, after the filing of a certified copy of this section together with a certified copy of the resolution of the Rockaway Valley Regional Sewerage Authority approving this section with the office of the Secretary of State of the State of New Jersey, the area within the territorial limits of the Borough shall be part of the district of the Rockaway Valley Regional Sewerage Authority.
[1982 Code § 9-10.5]
A copy of this section duly certified by the Borough Clerk, together with a certified copy of a resolution of the Rockaway Valley Regional Sewerage Authority approving this chapter shall be filed in the office of the Secretary of State of the State of New Jersey.
[1982 Code 9-11.1]
Pursuant to the Sewerage Authority Law constituting Chapter 138 of the Pamphlet Laws of 1946 of New Jersey, and the acts amendatory thereof and supplemental thereto (herein called the "Act"), the Borough determined to become a member of the RVRSA by virtue of an ordinance of the Borough of Victory Gardens, adopted on December 28, 1973 by the Governing Body thereof; and the Authority proposes to acquire or contract sanitary sewerage facilities for collection, treatment and disposal of sewage and with plans and designs for a sanitary sewerage system and the acquisition and construction of the system to provide for the collection, treatment and disposal of sanitary sewage and other wastes in the remaining parts of the Borough as needs require; and the Borough declares to aid and assist the Authority in the establishment of the sewerage system for use of the residents and inhabitants of the Borough and the collection, treatment and disposal of sanitary sewage and other wastes arising within the Borough.
[1982 Code § 9-11.2]
The Borough Council as the Governing Body of the Borough of Victory Gardens, in the County of Morris, New Jersey, hereby finds and determines that it will promote the public health and welfare and that it is in the public interest and in the best interests of the Borough and of the inhabitants thereof to aid and assist the Rockaway Valley Regional Sewerage Authority in the exercise and fulfillment of its corporate and statutory purposes, and in the establishment by the Authority of a sanitary sewerage system in and for the Borough sufficient for the purposes of the Borough, and in the operation and maintenance of such system, and that it will be economical and otherwise advantageous to the Borough and the Authority and the residents and the property owners of the Borough for the Borough and the Authority to enter into a single contract providing for and relating to the treatment and disposal of sewage and other wastes originating in the Borough by means of the sewerage system and the cost and expense of such authorized and directed on behalf of the Borough to execute such agreement under the corporate seal of the Borough which shall be affixed and attested by the Borough Clerk, and to deliver such agreement to the Authority on behalf of the Borough.
[1982 Code § 9-11.3]
Copies of this contract are on file in the Office of the Borough Clerk in Victory Gardens and will be made available to the members of the general public who shall request the same.
[1982 Code § 9-11.4]
The Mayor, the Borough Clerk and any and all officers or employees of the Borough are hereby empowered and directed to do all such acts and things as may be necessary for the proper performance of such agreement and for carrying into effect all of the provisions or matters set forth in this section.
[1982 Code § 9-12.1]
There is hereby adopted by the Borough of Victory Gardens, in the County of Morris for the purpose of establishing rules and regulations affecting the installation, maintenance, repair and control of plumbing and drainage of buildings and the connection thereof with an outside sewer. "The Local Sewer Service Rules Governing the Use of the Rockaway Valley Regional Sewerage Authority Treatment System, February 1982." Pursuant to the provisions of N.J.S.A. 40:49-5.1, a copy of the Rules is annexed to this section and three copies of the same have been and are now filed in the office of the Clerk of the Borough of Victory Gardens and will remain on file there for the use and examination of the public.
[1982 Code § 9-12.2]
Whenever the word "Municipality" appears in the text of the Local Sewer Service Rules, it shall be understood to mean the Borough of Victory Gardens.
[1982 Code § 9-12.3]
Any person who shall violate any provisions of this Local Sewer Service Rules or shall fail to comply with any of these requirements thereof, shall upon conviction, be liable to the penalty established in Chapter I, Section 1-5. Each violation of the Rules and each and every day the same is violated shall be deemed to be a separate and distinct offense. The fine and penalty shall be in addition to and not in lieu of any other remedy or penalty provided by law.