[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:
Shall mean solid wastes from the preparation, cooking, and
disposing of foods, and from the handling, storage and sale of produce.
Shall include an individual, family unit, firm, partnership,
corporation, association, proprietorship, or any other group of persons,
or the legal successors or representatives thereof.
Shall mean a dwelling unit in which living quarters without
kitchen facilities are available for rent to the general public.
Shall mean a sewer which carries sewage to which storm, surface
and ground waters are not intentionally admitted.
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.
Shall mean all facilities for collecting, pumping, treating
and disposing of sewage.
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.
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.
[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.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NON-CONTACT COOLING WATER
PROCESS WASTEWATER
STORMWATER
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.
Shall mean waste and wastewater from humans or household
operations.
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.
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)).
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.
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.
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.
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.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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:
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1st violation — Not to exceed $250;
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2nd violation — Not to exceed $1,000; and
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Each additional violation — Not to exceed $2,000.
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