Borough of Spring Lake Heights, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. #2-1966, § 91-1]
"The Borough of Spring Lake Heights Sewer Department" is hereby declared to be a public utility and the same shall be operated as a public utility. All charges for connection with and use of the sewage system shall be made in accordance with R.S. 40:63-7 and 40:63-8.
[Ord. #2-1966, § 91-2]
As used in this section:
GARBAGE
Shall mean solid wastes from the preparation, cooking, and disposing of foods, and from the handling, storage and sale of produce.
PERSON
Shall include an individual, family unit, firm, partnership, corporation, association, proprietorship, or any other group of persons, or the legal successors or representatives thereof.
ROOMING HOUSE
Shall mean a dwelling unit in which living quarters without kitchen facilities are available for rent to the general public.
SANITARY SEWER
Shall mean a sewer which carries sewage to which storm, surface and ground waters are not intentionally admitted.
SEWAGE
Shall mean a combination of the water-carried wastes from residences, business and other buildings, together with such ground, surface and storm water as may be present.
SEWAGE SYSTEM
Shall mean all facilities for collecting, pumping, treating and disposing of sewage.
SEWER
Shall mean a pipe or conduit for carrying sewage.
[Ord. #2-1966, § 91-3; Ord. #6-1966]
No person shall discharge or cause to be discharged into any sanitary sewer within the Borough any of the following described liquids or substances:
a. 
Ashes, cinders, sand, mud, straw, wood shavings, metal, glass, rags, feathers, tar, plastics or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system.
b. 
Gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
c. 
Garbage, fat, oil or grease.
d. 
Stormwater, surface water or groundwater.
e. 
Any industrial waste or chemical deemed injurious to the sewer system by the Borough Engineer.
[Ord. #2-1966, § 91-4; Ord. #6-1992]
No person shall connect or cause to be connected into any sanitary sewer located within the Borough any drain or leader designed to collect ground or surface waters.
[Ord. #2-1966, § 91-5; Ord. #3-1966; Ord. #4-1966; Ord. #14-1971; Ord. #5-1978; Ord. #2-1983, § 1; Ord. #3-1986, § 1; Ord. #3-1988, § 1; Ord. #11-1990, § 1; Ord. #22-1990, § 1; Ord. #6-1992; Ord. #3-2003, §§ 1, 2; Ord. #16-2007, § 1; Ord. #02-2012]
a. 
Annual Charges.
1. 
The following sewer rates are hereby established as the annual charges for the use of sanitary sewers:
(a) 
Sewer rates for residential units.
(1) 
Single family unit: $280 per year, which shall provide the unit with a base amount of 9,000 gallons per quarter. Any excess above the base amount per quarter and up to 25,000 gallons per quarter (also known as the "second tier" amount) shall be billed at the rate of $1.90 per 1,000 gallons or fraction thereof in excess of the base amount. For usage which exceeds 25,000 gallons per quarter, the excess shall be billed at the rate of $2.50 per 1,000 gallons or fraction thereof in excess of the "second tier" amount.
Residences having a second service use shall be charged for a second unit of use. If, however, the second service use shall have been vacated and not used for a period of at least two full years then the second service charge may be eliminated and a special service charge of $25 per year imposed in its place, which shall not be prorated. The owner thereof shall make application in writing prior to June 1st of any billing year for elimination of the above second billed unit and acceptance of the special sewer service charge. A required Certificate of Occupancy shall determine the right of the Borough for a second service use charge.
(2) 
Multifamily unit, per unit: $280 per year, which shall provide the unit with a base amount of 9,000 gallons per quarter. Any excess above the base amount per quarter and up to 25,000 gallons per quarter (also known as the "second tier" amount) shall be billed at the rate of $1.90 per 1,000 gallons or fraction thereof in excess of the base amount. For usage which exceeds 25,000 gallons per quarter, the excess shall be billed at the rate of $2.50 per 1,000 gallons or fraction thereof in excess of the "second tier" amount.
(3) 
Motels: $150 per year per unit, which shall provide the unit with a base amount of 9,000 gallons per quarter. Any excess above the base amount per quarter and up to 25,000 gallons per quarter (also known as the "second tier" amount) shall be billed at the rate of $1.90 per 1,000 gallons or fraction thereof in excess of the base amount. For usage which exceeds 25,000 gallons per quarter, motel units shall be billed at the rate of $2.50 per 1,000 gallons or fraction thereof in excess of the "second tier" amount.
(4) 
Convalescent rooms: $110 per year per unit, which shall provide the unit with a base amount of 9,000 gallons per quarter. Any excess above the base amount per quarter and up to 25,000 gallons per quarter (also known as the "second tier" amount) shall be billed at the rate of $1.90 per 1,000 gallons or fraction thereof in excess of the base amount. For usage which exceeds 25,000 gallons per quarter, convalescent room units shall be billed at the rate of $2.50 per 1,000 gallons or fraction thereof in excess of the "second tier" amount.
(5) 
Rooming house: $110 per year per unit, which shall provide the unit with a base amount of 9,000 gallons per quarter. Any excess above the base amount per quarter and up to 25,000 gallons per quarter (also known as the "second tier" amount) shall be billed at the rate of $1.90 per 1,000 gallons or fraction thereof in excess of the base amount. For usage which exceeds 25,000 gallons per quarter, rooming house units shall be billed at the rate of $2.50 per 1,000 gallons or fraction thereof in excess of the "second tier" amount.
(6) 
Senior Citizen and Disabled Reduction: Any person owning a single family unit and residing in the Borough of the age of 65 or more years, or less than 65 years of age and permanently and totally disabled according to the provisions of the Federal Social Security Act, 42 U.S.C. s.301 et seq., or disabled under any Federal law administered by the United States Department of Veterans Affairs if the disability is rated as 60% or higher, and the person either is annually eligible to receive assistance under the "Pharmaceutical Assistance to the Aged and Disabled" (PAAD) program, P.L. 1975, c.194 (C.30:4D-20 et seq.) or has a total income not in excess of $10,000 per year exclusive of benefits under any one of the following:
(i) 
The Federal Social Security Act, 42 U.S.C. s.301 et seq. and all amendments and supplements thereto;
(ii) 
Any other program of the Federal government or pursuant to any other Federal law which provides benefits in whole or in part in lieu of benefits referred to in, or for persons excluded from coverage under paragraph a,1(a)(6)(i) of this subsection including, but not limited to, the Federal "Railroad Retirement Act of 1974," 45 U.S.C. s.231 et seq., and Federal pension, disability and retirement programs; or
(iii) 
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under paragraph a,1(a)(6)(i) of this subsection except that, the total amount of benefits to be allowed exclusion by any owner under paragraph a,1(a)(6)(ii) or (iii) of this subsection shall not be in excess of the maximum amount of benefits payable to, and allowable for exclusion by, an owner in similar circumstances under paragraph a,1(a)(6)(i) of this subsection, shall be entitled to a reduction in their annual sewer charge in the sum of $25. Such reduction shall be limited to one reduction per single family unit and one reduction per qualifying person. To obtain the benefit of the reduction, a person must have made an initial application by January 30, 2012 to the Collector on a form which certifies that the person meets the qualifying criteria. Thereafter, those who have previously qualified shall file an annual application for a continuation of the reduction no later than January 30th of the year for which the reduction is sought to the Collector on a form which certifies that the person meets the qualifying criteria. However, no new initial applications shall be accepted after January 30, 2012.
(b) 
Sewer rate for commercial units, per unit: $475 per year per unit, which shall provide the unit with a base amount of 9,000 gallons per quarter. Any excess above the base amount per quarter and up to 25,000 gallons per quarter (also known as the "second tier" amount) shall be billed at the rate of $2.80 per 1,000 gallons or fraction thereof in excess of the base amount. For usage which exceeds 25,000 gallons per quarter, commercial units shall be billed at the rate of $3.70 per 1,000 gallons or fraction thereof in excess of the "second tier" amount.
(c) 
Sewer rates for combination units.
(1) 
Any combination of use of a structure for residential and commercial purposes shall pay the combined minimum residential and commercial rate.
b. 
Any use not covered by the foregoing classifications will be subject to rates to be determined by the Borough Council after due and proper investigation of the sewer requirements.
c. 
In accordance with law, authorized officers, agents or employees of the Borough may enter into all premises in the Borough in order to determine the use made or to be made of the sewer system by the owners, tenants or occupants of the premises.
The Borough shall have the right through inspection to determine the proper billing usage unit classification, and to determine the true number of billing units on which to base the yearly charge.
d. 
The foregoing sewer rate is due and payable in advance of four quarterly installments on August 1, November 1, February 1 and May 1. The hereinafter sewer rate shall be determined from the previous quarter's water meter reading to show excess used for the previous quarter, and shall be billed each quarter. In the event that a payment date falls on a Saturday, Sunday, or holiday, the payment date shall then be the first business day thereafter.
1. 
Any combination of uses within a structure for residential and/or commercial or other uses shall pay the combined rates for all such uses.
2. 
Customers connecting into the sewer system, shall at the time of connection, pay the applicable charges for the quarterly installment most previously billed by the Borough.
[Ord. #2-1966, § 91-6; Ord. #3-1966; Ord. #14-1971; Ord. #3-1982, § 1; Ord. #11-1990, § 2; Ord. #6-1992; Ord. 7-1995, § 1; Ord. #16-2007, § 1]
a. 
The foregoing sewer rates for yearly service classifications are due and payable in advance in four quarterly installments on July 15, October 15, January 15 and April 15. The hereinafter set forth "Sewer Excess Used" rate shall be determined from the previous quarter's meter reading to show excess used for the previous quarter, and shall also be billed each quarter together with the charges for service as above. In the event that a payment date falls on a Saturday, Sunday or holiday, the payment date shall then be the first business day thereafter.
b. 
Persons connecting into the sewer system shall, at the time of the connection, pay the quarterly installment most recently billed by the Borough.
c. 
(Reserved)
d. 
To all bills paid more than 30 days after the same become due, interest shall be charged at the rate established on each January 1 by resolution of Mayor and Council.
[Ord. #2-1966, § 91-7]
The foregoing sewer rental charges shall be a lien upon the connected premises from the date that the charges become due and until paid, and the Borough shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for collection of taxes upon real estate.
[Ord. #2-1966, § 91-10; New]
Application for the use of the sewage system shall be made to the sewer rent collector and payment of the temporary sewer rental charge or the semi-annual sewer rental charge in accordance with the provisions of this section shall be made at the time of the application. A plumbing permit for the installation of a sewer pipe from the curb to the house or other building shall be issued by the Plumbing Subcode Official only after payment of the foregoing respective sewer rental charge and compliance with ordinance and other regulations adopted by the Board of Health of the Borough in respect to such installation. No sewer connection shall be made by any person prior to payment of the foregoing sewer rental charge and issuance of a plumbing permit and no use thereof shall be made until final approval by the Plumbing Subcode Official.
[Ord. #2-1966, § 91-11; New]
a. 
Any and all persons owning a building located upon a street in which a sewer is constructed shall be connected with the sewer. Any owner failing to connect thereto shall be given 30 days' notice in writing to make such connection. Upon the failure to do so, the connection shall be made under the supervision of the Plumbing Subcode Official. The cost and expense thereof shall be filed with the Borough Clerk. The governing body shall examine the charges and if properly made shall confirm it and file the statement with the Collector of Taxes who shall record the charge in the same book as other assessments.
b. 
Every such charge shall bear interest and penalties at the same rate as local improvements and from the time of confirmation shall be a first and paramount lien against the respective property so connected and shall be enforced and collected in the same manner as assessments for local improvements.
[Ord. #2-1966, § 89-2; Ord. #6-1978; Ord. #11-1990, § 4; Ord. No. 27-2010; Ord. No. 02-2012]
The charge for the construction and installation of a four-inch pipe house connection for the Borough sewer line to the property line of the owner of any property within the Borough shall be as follows:
a. 
The charge of $1,100 shall be made to any property owner whose house connection shall be made in a street, avenue or road having a gravel pavement or a bituminous-treated gravel pavement (blacktop road).
b. 
The charge of $1,150 shall be made to any property owner whose house connection shall be made in a street, avenue or road having a reinforced concrete pavement.
c. 
In the event that the Borough Engineer determines that due to depth or other site conditions, an outside or independent contractor is required to perform the work, the property owner will be advised of same and he will have the option of paying for the increased cost or of engaging his own contractor to perform the work, provided the contractor chosen is approved by the Borough Engineer and is bonded and insured.
d. 
In addition to the fees heretofore set forth in this subsection 14-2.1 the property owner shall be responsible for any fee imposed by the South Monmouth Regional Sewerage Authority for the connection and shall also be responsible for any special permits required by any other governmental agency.
[Ord. #2-1966, § 89-3]
The charge for the construction and installation of a pipe house connection larger than four inches shall be by agreement with the Mayor and Council of the Borough, but in no event shall the charge be less than that set forth above in subsection 14-2.1.
[Ord. #6-1970]
Pursuant to the provisions of Paragraph (c) of Section 4 of the Sewerage Authorities Law of the State of New Jersey (N.J.S.A. 40:14A-4(c)), the Borough Council of the Borough of Spring Lake Heights is hereby authorized to join in the creation of a public body corporate and politic under the name and style of the "South Monmouth Regional Sewerage Authority," consisting of the Boroughs of Belmar, South Belmar, Spring Lake, Spring Lake Heights, Sea Girt, Manasquan and Brielle, and that part of the Township of Wall as indicated in the "Wall Region Water Pollution Control Feasibility Study and Report," dated January 30, 1970, prepared by Thomas W. Birdsall, professional engineer and land surveyor, professional planner.
[Ord. #6-1970]
The South Monmouth Regional Sewerage Authority shall constitute the Sewerage Authority contemplated and provided for under the provisions of N.J.S.A. 40:14A-1 et seq., as amended and supplemented, and shall be an agency and instrumentality of the aforementioned eight municipalities, and shall have been created by parallel ordinances (similar in content to the within regulation) duly adopted by the respective governing bodies of the eight participating municipalities designated in subsection 14-3.1 preceding, and shall be vested with all the powers granted by the provisions of the Sewerage Authorities Law (N.J.S.A. 40:14A-1 et seq.) except that it shall not have the power to construct, install, maintain or operate local or municipal sewage collection systems, nor any part thereof within the boundaries of any participating municipality. This limitation shall not prohibit the Regional Authority from constructing, maintaining or operating regional transmission mains within the boundaries of any participating municipality, extending from the local or municipal sewage-collection system of any participating municipality to the Regional Authority's sewage-treatment plant or plants.
[Ord. #6-1970]
The South Monmouth Regional Sewerage Authority shall consist of eight members, with one of such members to be appointed by the governing body of each of the participating municipalities in accordance with the provisions of the Sewerage Authorities Law. The South Monmouth Regional Sewerage Authority is hereby authorized to establish an annual salary for each of its members of not more than $2,000.
[Ord. #6-1970]
A copy of this regulation duly certified by the Borough Clerk shall be filed by the Borough Clerk in the office of the Secretary of State of the State of New Jersey, after final passage and receipt of proof that the other seven participating municipalities, through their respective governing bodies, have finally adopted a parallel ordinance (similar in content to the within regulation).
[Ord. #19-2005, §§ I — V; Ord. #02-2012]
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 Spring Lake Heights, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purposes 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) 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 system operated by the Borough of Spring Lake Heights, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ00141852). 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 the Borough of Spring Lake Heights or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) 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 product (other than heat) or finished product. Non-contact cooling water may, however, contain algaecides or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
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 sewerage 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 Spring Lake Heights any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
d. 
Enforcement. This subsection shall be enforced by the Police Department, Engineering Department, and/or the Code Enforcement Officer of the Borough of Spring Lake Heights.
e. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $2,000.
[Ord. #20-2005, §§ I — VI; Ord. #02-2012]
a. 
Purpose. The purpose of this subsection is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Spring Lake Heights, 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 inconsistent 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.
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 the Borough of Spring Lake Heights or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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 sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Spring Lake Heights or the Borough of Spring Lake Heights Municipal Utilities Authority is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
e. 
Enforcement. This subsection shall be enforced by the Code Enforcement Officer or the Borough of Spring Lake Heights Police Department.
f. 
Penalties. Any person(s) who continues to be in violation of the provisions of this subsection, after being duly notified, shall be subject to a fine as follows:
1st violation — Not to exceed $250;
2nd violation — Not to exceed $1,000; and
Each additional violation — Not to exceed $2,000.