Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
Editor's Note: See Ordinance No. 91-4 for membership In the Plainfield Joint Meeting ("PJM").
[Ord. No. 8-2009; Ord. No. 3-2010]
Pursuant to the "local budget law," N.J.S.A. 40A:4-1, et seq., a sewerage utility is established in the Township, to be known and cited as "The Sewerage Utility of the Township of Scotch Plains" or "sewerage utility."
The sewerage utility shall commence as of January 1, 2009 and is retroactive to that date. All sewer bills billed and/or payable commencing January 1, 2009 are to the credit of the sewerage utility.
The sewerage utility shall set forth the anticipated revenues from the operation which is set forth in a separate section of the budget form as promulgated by the Division of Local Government Services in the Department of Community Affairs, State of New Jersey.
The sewerage utility budget shall set forth the appropriations in the form and detail prescribed by the regulations of the Division of Local Government Services and shall include, at least:
a. 
Operations;
b. 
Interest and debt requirement;
c. 
Deferred charges and statutory expenditures.
The Chief Financial Officer shall be directed and empowered to adopt accounting procedures consistent with this chapter and the aforesaid statutes in the creation of the sewerage utility.
All currently existing ordinances, regulations and rules relating to sewerage fees, bills and/or other sewerage matters remain in effect until modified by appropriate action of the governing body.
The sewerage utility is governed by the Mayor and Township council.
All matters with respect to the operation and conduct of the sewerage utility not determined by this chapter are determined by resolutions to be hereafter adopted.
[Ord. No. 68-10]
As used in this chapter:
a. 
SEWAGE WORKS - Shall mean all facilities for collecting, pumping, treating and disposal of sewage.
b. 
ENGINEER - Shall mean the Township Engineer of the Township of Scotch Plains, or his authorized deputy, agent or representative.
c. 
SEWAGE - Shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground surface and stormwaters as may be present.
d. 
SEWER - Shall mean a pipe or conduit for carrying sewage.
e. 
PUBLIC SEWER - Shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
f. 
COMBINED SEWER - Shall mean a sewer receiving both surface runoff and sewage.
g. 
SANITARY SEWER - Shall mean a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
h. 
SEWAGE TREATMENT PLANT - Shall mean any arrangement of devices and structures used for treating sewage.
i. 
INDUSTRIAL WASTES - Shall mean the liquid wastes from industrial processes as distinct from sanitary sewage.
j. 
GARBAGE - Shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
k. 
PLUMBING SUB CODE OFFICIAL - Shall mean any person licensed as a Plumbing Inspector and appointed as plumbing sub code official by the Township manager.
l. 
BUILDING DRAIN - Shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
m. 
BUILDING SEWER - Shall mean the extension from the building drain to the public sewer or other place of disposal.
n. 
B. O. D. (DENOTING BIOCHEMICAL OXYGEN DEMAND) - Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed parts per million by weight.
o. 
pH - Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
p. 
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.
q. 
NATURAL OUTLET - Shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
r. 
WATERCOURSE - Shall mean a channel in which a flow of watercourses, either continuously or intermittently.
[Ord. No. 68-10]
It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the Township, or in any area under the jurisdiction of the Township, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Township, or in any area under the jurisdiction of the Township, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter .
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool, privy or other facility intended or used for the disposal of sewage.
[Ord. No. 68-10; Ord. No. 8-2009; Ord. No. 3-2010]
Where a public sanitary sewer is not available, the building sewer shall be connected to an individual sewage disposal system complying with the provisions of the rules and regulations of the New Jersey Departments of Health and Senior Services and Environmental Protection.
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer or plumbing subcode official.
[Ord. No. 68-10; Ord. No. 88-33; Ord. No. 93-06; Ord. No. 97-10; Ord. No. 8-2009; Ord. No. 3-2010]
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the plumbing subcode official.
a. 
There shall be two classes of building sewer permits:
1. 
For residential and commercial services.
2. 
For services to establishments producing industrial wastes.
In either case, the owner or agent shall make application on a special form furnished by the Township. The permit application shall be sup-plemented by any plans, specifications or other information considered pertinent in the judgment of the plumbing subcode official.
b. 
The permit and inspection fee for residential or commercial buildings shall be as set forth in this code and in the Uniform Construction Code fee ordinance.
All fees to be paid under this section shall be paid to the plumbing subcode official at the time the application is filed.
c. 
All appeals on the interpretation of this chapter relative to sewer connection fees shall be made directly to the health officer, Township Engineer and plumbing subcode official.
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
Old building sewers may be used in conjunction with new buildings only when they are found, on examination and test by the plumbing subcode official, to meet all requirements of this chapter and the Uniform Construction Code applicable provisions.
a. 
Residential use. There shall be a two thousand ($2,000.00) dollar per unit charge for all new residential dwellings to connect to the existing sanitary sewer system.
b. 
Nonresidential use. For nonresidential uses, the charge shall be $2,000 per equivalent dwelling unit, or part thereof. For the purpose of this chapter, an equivalent dwelling unit shall be defined as 300 gallons per day average daily flow. The Township Engineer shall use the Rules and Regulations for the Preparation and Submission of Plans for Sewer System and Waste Water Treatment Plants as promulgated by the New Jersey Department of Environmental Protection to determine the average daily flow from the proposed development.
c. 
All charges for purchase of usage in the sanitary sewer system shall be paid prior to the issuance of a plumbing permit.
a. 
All residential dwellings in residential zones within this Township situated along a street in which a sanitary sewer main or trunk line has been constructed shall be required to connect to the sewer main by the earlier to occur of (i) two years from the date that the sewer line was approved for operation by the New Jersey Department of Environmental Protection and Energy, or (ii) 60 days from the failure of the existing on-site sanitary sewer disposal system. This provision is subject to the right of the supplier of sewage processing capacity to refuse such connection if the type or quantity of sewage resulting therefrom cannot be adequately processed by existing facilities.
[Ord. No. 68-10; Ord. No. 8-2009; Ord. No. 3-2010]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Township sewage works.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
a. 
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
b. 
Any water or waste which may contain more than 100 milligrams per liter by weight of fat, oil, wax or grease, or containing other substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit.
c. 
Any gasoline, benzene, naphtha, alcohol, tar, fuel oil or other flammable or explosive liquid, solid, gas or vapor.
d. 
Any garbage except properly shredded garbage. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater are subject to the review and approval of the city.
e. 
Have a flash point lower than 187 degrees Fahrenheit are determined by the Tagliabue (Tag) close cup method.
f. 
Any ashes, cinders, stones, sand, mud, straw, shavings, or sawdust, metal, sticks, coarse rubbish, glass, rags, tar, feathers, plastics, waste rubber, animal guts or tissues, entrails, blood, hair, hides, wood, paunch manure or any other substance likely to damage, destroy or cause an obstruction to the flow in any sewer or which may interfere with the proper operation of the sewerage works.
g. 
Any waters, sewerage, or wastes having a pH lower than 5.0 or higher than 9.5, or having other corrosive or detrimental property capable of causing damage or hazard to the sewage works or personnel.
h. 
Any waters or wastes containing a toxic, poisonous or radioactive substance in sufficient quantity to injure or interfere with any sewage treatment process or to constitute a hazard to humans, animals or marine life, or create any hazard in the receiving waters.
i. 
Any noxious, malodorous or taste-producing gas, vapor or substance, such as phenols, capable of creating a public or private nuisance, or which may prove toxic to the sewage treatment processes, or which may exceed acceptable limits for discharge to receiving waters.
j. 
Materials which exert or cause:
1. 
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;
2. 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions;
3. 
Unusual BOD, suspended solids, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
4. 
Unusual volume of flow or concentration of wastes constituting "slugs," as defined herein.
k. 
Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment process employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
l. 
Any substance prohibited by any federal, state, county or municipal regulatory agency or government body including but not limited to the Federal Environmental Protection Agency, the New Jersey Department of Environmental Protection, the Rahway Valley Sewerage Authority, the Plainfield Area Regional Sewerage Authority or the Sewerage Utility of the Township of Scotch Plains, as set forth or determined by the rules, regulations or requirements or such regulatory agencies or bodies.
[Ord. No. 68-10]
The plumbing subcode official, engineer, health officer, building subcode official and other duly authorized employees of the Township bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.
[Ord. No. 68-10; Ord. No. 78-4; Ord. No. 8-2009; Ord. No. 3-2010]
There shall be an annual service charge for each sewer connection based on the uses of the property in accordance with the following schedule:
a. 
Residential uses — Class "R." Residential units shall consist of single-family and multifamily residential units, including condominiums and townhouses, all Class 4C apartment complexes and all Class 15D parsonages.
b. 
Residential rate — the annual service charge for Class "R" residential units (except for residential properties on septic) shall be calculated as follows:
1. 
One hundred seventy-five dollars per annum for less than 27,500 gallons of water consumed per annum;
2. 
Two hundred fifty dollars per annum for 27,500 gallons of water consumed per annum; and
3. 
The per gallon rate adopted annually by resolution of the Mayor and Township council for each gallon of water consumed in excess of 27,500 gallons per annum.
c. 
All Class 4C apartment complexes shall be billed at the residential rate structure set forth in subsection 12-7.1b above, as follows:
1. 
The annualized average flow for each apartment unit will be calculated by dividing the annualized total flow of the entire apartment complex situated on the same lot by the total number of apartment units within that apartment complex; then
2. 
The residential rate structure set forth in subsection 12-7.1b shall be applied to determine the "per apartment unit cost;" then
3. 
The sewer bill for said apartment complex shall equal the sum of the "per apartment unit cost" multiplied by the number of units within said apartment complex situated on the same lot.
d. 
All Class 15D "parsonages" shall be filled at the residential rate set forth in subsection 12-7.1b above. The parsonages in existence as of the adoption of this subsection are identified on Schedule B[1] hereto. Any future parsonages may be added to said list by resolution of the Mayor and Township council.
[1]
*Editor's Note: The schedules referred to herein may be found at the end of this chapter.
e. 
The Class 4C apartment complexes in existence within the Township as of the adoption of this subsection are identified on Schedule A[2] hereto. Any future Class 4C apartment complexes may be added to said list by resolution of the Mayor and Township council.
[2]
*Editor's Note: The schedules referred to herein may be found at the end of this chapter.
f. 
Business, nonprofit, commercial, miscellaneous and industrial uses—Class 3A/3B, 4A, 4B, [4C], 15C (except for Township-owned properties), 15D (except parsonages), 15E (except for 100 percent disabled veterans) and 15F. The following use groups shall be charged at the nonresidential rate detailed in subsection 12-7.1j below:
1. 
Stores, luncheonettes, banks, pizzerias, savings and loan associations, dentist, doctor, veterinary, barber, beauty shop, garage, service stations, car washes and other premises of similar use;
2. 
Social clubs, cleaning and dyeing, laundromats, nursery schools, undertaker and other premises or similar use;
3. 
Restaurants, taverns, county yards;
4. 
Swimming clubs;
5. 
Golf courses;
6. 
Private recreational facilities;
7. 
Nursing homes;
8. 
Charitable facilities, houses of worship;
9. 
Class 15C property owned and operated by the State of New Jersey, County of Union, or any other non-Township owned property.
The above may be required to submit water bills for the previous full annual period as of the date of request, if it appears that the sewer service charge applied is not compatible with the "Water Bill Basic Provisions" as stated below. Failure to provide such information will result in the application of the highest estimated sewer service charge estimated to be just and equitable.
g. 
Private educational uses — Class "15B." The annual sewer services charge for property used for private educational purposes shall be the same as Class 3A/3B, 4A, 4B, 15D, 15E and 15F uses.
h. 
Public educational uses — Class "15A." The annual sewer services charge for property used for public educational purposes shall be the same as Class 3A/3B, 4A, 4B, 15D, 15E and 15F uses.
i. 
Exempt properties. Specifically exempt from annual sewer service charges are all Township-owned properties — Class "15C," including the following:
1. 
Town Hall and other premises of similar use;
2. 
Rescue squad, fire department, and police department facilities;
3. 
Department of public works facilities;
4. 
Library; and
5. 
Parks, public recreational facilities; and
6. 
Senior Citizen Housing Corporation building.
Also exempt from annual sewer service charges are all properties owned by 100 percent disabled veterans and residential properties on septic system.
j. 
Nonresidential rate. The annual service charge for all nonresidential uses described and detailed in subsection 12-7.1e (except for nonresidential properties on septic) shall be calculated as follows:
1. 
One hundred seventy-five dollars per annum for less than 27,500 gallons of water consumed per annum;
2. 
Two hundred fifty dollars per annum for 27,500 gallons of water consumed per annum; and
3. 
The nonresidential per gallon rate adopted annually by resolution of the Mayor and Township council for each gallon of water consumed in excess of 27,500 gallons per annum.
k. 
Where premises are occupied by a combination of types of occupancy, the total sewer service charge shall be determined by applying the minimum unit charge for each type of occupancy located therein and adding the charges together.
l. 
The Township reserves the right where a private well of water supply is involved, if in its opinion it is deemed desirable, to require the owner to install facilities, at the owners expense, for measuring or determining the volume of sewage discharges into the sanitary sewage system. The volume thus metered or measured shall be the basis for sewer service charges in accordance with provisions stated elsewhere herein.
The charges referred to in subsection 12-7.1 shall be collected once a year; such sewer service charges shall remain a lien upon the land until paid and satisfied.
The bill for the sewer service charge shall be forwarded by the Tax Collector to the property owner, or other party designated in writing by the property owner, and shall be issued as one bill with two payment stubs by not later than May 16 of each year. The first payment shall be due on June 1 of each year and the second payment shall be due on October 1 of each year. There shall be a ten day grace period from each due date, after which interest on the overdue amount shall begin to accrue. Delinquent payments shall be charged interest at the same rate as is charged for delinquent taxes.
In the event that the use of a property changes to such an extent that it affects the sewage volume, the Tax Assessor will revise the charges levied in accordance with the new use.
Any property owner may request review of the sewer service charge levied against the premises owned by the applicant. Such request shall be submitted in writing, accompanied by the annual water bills showing amount of consumption for the latest full annual period. The Tax Assessor shall notify the property owner of his findings and determination. Should a change in the sewer service charge result from the review, it shall be determined at the next higher five ($5.00) dollar amount which results from calculations as provided elsewhere herein.
In no event will an adjustment be made for charges applicable to a prior calendar year.
[Ord. No. 68-10]
For each and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit, take part or assist in any violation of this chapter, or who maintain any building or premises in which any violation of this chapter shall exist, shall for each and every violation be liable to the penalty as stated in Chapter 3, section 3-1. Each and every day that such violation continues shall be considered a separate and specific violation of this chapter.
[Ord. No. 68-10; Ord. No. 8-2009; Ord. No. 3-2010]
All appeals on interpretation of this chapter, including, but not limited to flow, classification or rates, shall be made in the following manner:
a. 
The property owner shall first submit a copy of his, her or its water bill from the previous year to the Township Engineer for review. If the Township Engineer or his/her designee determines that there has been an error in the calculation of water flow or that the rate was calculated incorrectly, a revised bill will be promptly issued by the Township. If the Township Engineer finds that the bill is accurate, he or she shall so notify the property owner in writing within 15 days from receipt of the bill from the property owner.
b. 
If the property owner is not satisfied with the response from the Township Engineer, he, she or it may make a further written appeal to the designated sewer subcommittee of the Township council (the "sewer subcommittee") within ten days from the property owner's receipt of the Township Engineer's response. The sewer subcommittee shall conduct an informal investigation of the property owner's concerns and may take such testimony from the property owner, and his, her or its experts as it deems necessary. A formal decision shall be issued by the sewer subcommittee within 30 days of the property owner's appeal to the sewer subcommittee, unless the sewer subcommittee obtains an extension from the property owner.
c. 
The decision of the sewer subcommittee shall be final and binding upon the Township and the property owner.
d. 
Notwithstanding the foregoing, under all circumstances, in order to take advantage of any of the appeal/procedures set forth above (paragraphs a or b), all sewer bills must first be paid in full. If the appeal process results in a refund to the property owner, such refund shall promptly by made by resolution of the Township council.