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:
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 groundwater, surface water and stormwater 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 stormwater, surface water and groundwater 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 SUBCODE 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 supplemented 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 $2,000 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:
[Amended 3-5-2019 by Ord. No. 2019-2]
1.
That a fixed dollar amount for less than 27,500 gallons of water
consumed per annum as adopted annually by resolution of the Mayor
and the Township Council;
2.
That a fixed dollar amount for up to 27,500 gallons of water consumed
per annum as adopted annually by resolution of the Mayor and the Township
Council;
3.
That a fixed dollar amount for 27,501 gallons to 76,000 gallons of
water consumed per annum as adopted annually by resolution of the
Mayor and the Township Council;
4.
That a fixed dollar amount for 76,001 gallons to 200,000 gallons
of water consumed per annum as adopted annually by resolution of the
Mayor and the Township Council;
5.
That a fixed dollar amount for 200,001 gallons to 300,000 gallons
of water consumed per annum as adopted annually by resolution of the
Mayor and the Township Council;
6.
That a fixed dollar amount for over 300,000 gallons of water consumed
per annum as adopted annually by resolution of the Mayor and the Township
Council; and
7.
There shall not be a per-gallon rate per 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 are included as an attachment to 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 are included as an attachment to 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.
That fixed dollar amount for less than 27,500 gallons of water consumed
per annum as adopted annually by resolution of the Mayor and the Township
Council;
[Amended 3-5-2019 by Ord. No. 2019-2]
2.
That fixed dollar amount for 27,500 gallons of water consumed per
annum as adopted annually by resolution of the Mayor and the Township
Council; and
[Amended 3-5-2019 by Ord. No. 2019-2]
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.
[Amended 4-17-2018 by Ord. No. 2018-10]
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
by not later than June 30 of each year. Payment shall be due on September
1 of each year. There shall be a ten-day grace period from the 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 (Subsections 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.
